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

                            CHAPTER 290-H.F.No. 2087 
                  An act relating to data practices; providing for the 
                  collection and dissemination of data; proposing and 
                  modifying classifications of data; providing for 
                  sharing and release of certain not public data; 
                  requiring release of mental health records to law 
                  enforcement in certain emergency situations; amending 
                  Minnesota Statutes 2002, sections 13.03, by adding a 
                  subdivision; 13.3806, by adding a subdivision; 13.43, 
                  subdivision 2, by adding a subdivision; 13.44, by 
                  adding a subdivision; 13.46, subdivisions 1, 7; 
                  13.461, by adding a subdivision; 13.47, subdivision 4; 
                  13.51, subdivision 2, by adding a subdivision; 13.598, 
                  as amended; 13.7931, by adding a subdivision; 13.82, 
                  subdivision 5; 13.871, by adding a subdivision; 
                  13D.05, subdivision 3; 38.04; 45.027, subdivision 7a; 
                  60A.03, subdivision 9; 60A.031, subdivision 4; 
                  119B.02, subdivision 6; 144.2215; 144.335, subdivision 
                  3a; 270B.01, subdivision 8; 270B.12, subdivision 9; 
                  270B.14, subdivision 2; 629.341, subdivision 4; 
                  Minnesota Statutes 2003 Supplement, sections 13.46, 
                  subdivision 2; 268.19, subdivisions 1, 2; 270B.12, 
                  subdivision 13; Laws 2002, chapter 266, section 1; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapters 13; 84; 144; repealing Minnesota Statutes 
                  2002, sections 13.319, subdivision 7; 13.475. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 13.03, is 
        amended by adding a subdivision to read: 
           Subd. 12.  [PLEADINGS.] Pleadings, as defined by court 
        rule, served by or on a government entity, are public data to 
        the same extent that the data would be public if filed with the 
        court. 
           Sec. 2.  [13.203] [SERVICE COOPERATIVE CLAIMS DATA.] 
           Claims experience and all related information received from 
        carriers and claims administrators participating in a group 
        health or dental plan, including any long-term disability plan, 
        offered through the Minnesota service cooperatives to Minnesota 
        school districts and other political subdivisions, and survey 
        information collected from employees and employers participating 
        in these plans and programs, except when the executive director 
        of a Minnesota service cooperative determines that release of 
        the data will not be detrimental to the plan or program, are 
        classified as nonpublic data not on individuals. 
           Sec. 3.  Minnesota Statutes 2002, section 13.3806, is 
        amended by adding a subdivision to read: 
           Subd. 4a.  [BIRTH DEFECTS INFORMATION SYSTEM.] Information 
        collected for the birth defects information system is governed 
        by section 144.2217. 
           [EFFECTIVE DATE.] This section is effective upon receipt of 
        a federal grant to establish a birth defects information system. 
           Sec. 4.  Minnesota Statutes 2002, section 13.43, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PUBLIC DATA.] (a) Except for employees described 
        in subdivision 5 and subject to the limitations in subdivision 
        5a, the following personnel data on current and former 
        employees, volunteers, and independent contractors of a state 
        agency, statewide system, or political subdivision and members 
        of advisory boards or commissions is public: 
           (1) name; employee identification number, which must not be 
        the employee's Social Security number; actual gross salary; 
        salary range; contract fees; actual gross pension; the value and 
        nature of employer paid fringe benefits; and the basis for and 
        the amount of any added remuneration, including expense 
        reimbursement, in addition to salary; 
           (2) job title and bargaining unit; job description; 
        education and training background; and previous work experience; 
           (3) date of first and last employment; 
           (4) the existence and status of any complaints or charges 
        against the employee, regardless of whether the complaint or 
        charge resulted in a disciplinary action; 
           (5) the final disposition of any disciplinary action 
        together with the specific reasons for the action and data 
        documenting the basis of the action, excluding data that would 
        identify confidential sources who are employees of the public 
        body; 
           (6) the terms of any agreement settling any dispute arising 
        out of an employment relationship, including a buyout agreement 
        as defined in section 123B.143, subdivision 2, paragraph (a); 
        except that the agreement must include specific reasons for the 
        agreement if it involves the payment of more than $10,000 of 
        public money; 
           (7) work location; a work telephone number; badge number; 
        and honors and awards received; and 
           (8) payroll time sheets or other comparable data that are 
        only used to account for employee's work time for payroll 
        purposes, except to the extent that release of time sheet data 
        would reveal the employee's reasons for the use of sick or other 
        medical leave or other not public data; and city and county of 
        residence. 
           (b) For purposes of this subdivision, a final disposition 
        occurs when the state agency, statewide system, or political 
        subdivision makes its final decision about the disciplinary 
        action, regardless of the possibility of any later proceedings 
        or court proceedings.  In the case of arbitration proceedings 
        arising under collective bargaining agreements, a final 
        disposition occurs at the conclusion of the arbitration 
        proceedings, or upon the failure of the employee to elect 
        arbitration within the time provided by the collective 
        bargaining agreement.  Final disposition includes a resignation 
        by an individual when the resignation occurs after the final 
        decision of the state agency, statewide system, political 
        subdivision, or arbitrator. 
           (c) The state agency, statewide system, or political 
        subdivision may display a photograph of a current or former 
        employee to a prospective witness as part of the state agency's, 
        statewide system's, or political subdivision's investigation of 
        any complaint or charge against the employee. 
           (d) A complainant has access to a statement provided by the 
        complainant to a state agency, statewide system, or political 
        subdivision in connection with a complaint or charge against an 
        employee. 
           (e) Notwithstanding paragraph (a), clause (5), upon 
        completion of an investigation of a complaint or charge against 
        a public official, or if a public official resigns or is 
        terminated from employment while the complaint or charge is 
        pending, all data relating to the complaint or charge are 
        public, unless access to the data would jeopardize an active 
        investigation or reveal confidential sources.  For purposes of 
        this paragraph, "public official" means: 
           (1) the head of a state agency and deputy and assistant 
        state agency heads; 
           (2) members of boards or commissions required by law to be 
        appointed by the governor or other elective officers; and 
           (3) executive or administrative heads of departments, 
        bureaus, divisions, or institutions. 
           Sec. 5.  Minnesota Statutes 2002, section 13.43, is amended 
        by adding a subdivision to read: 
           Subd. 5a.  [LIMITATION ON DISCLOSURE OF CERTAIN PERSONNEL 
        DATA.] Notwithstanding any other provision of this section, the 
        following data relating to employees of a secure treatment 
        facility defined in section 253B.02, subdivision 18a, employees 
        of a state correctional facility, or employees of the Department 
        of Corrections directly involved in supervision of offenders in 
        the community, shall not be disclosed to facility patients, 
        corrections inmates, or other individuals who facility or 
        correction administrators reasonably believe will use the 
        information to harass, intimidate, or assault any of these 
        employees: place where previous education or training occurred; 
        place of prior employment; and payroll timesheets or other 
        comparable data, to the extent that disclosure of payroll 
        timesheets or other comparable data may disclose future work 
        assignments, home address or telephone number, the location of 
        an employee during nonwork hours, or the location of an 
        employee's immediate family members.  
           Sec. 6.  Minnesota Statutes 2002, section 13.44, is amended 
        by adding a subdivision to read: 
           Subd. 4.  [PERSONAL AND INTANGIBLE PROPERTY; APPRAISAL 
        DATA.] Preliminary and final market value appraisals, which are 
        made by personnel of a city or county or by an independent 
        appraiser acting on behalf of a city or county, of personal and 
        intangible property owned by the city or county, are classified 
        as nonpublic data not on individuals until either (1) a purchase 
        agreement is entered into; or (2) the parties negotiating the 
        transaction exchange appraisals. 
           Sec. 7.  Minnesota Statutes 2002, section 13.46, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] As used in this section: 
           (a) "Individual" means an individual according to section 
        13.02, subdivision 8, but does not include a vendor of services. 
           (b) "Program" includes all programs for which authority is 
        vested in a component of the welfare system according to statute 
        or federal law, including, but not limited to, the aid to 
        families with dependent children program formerly codified in 
        sections 256.72 to 256.87, Minnesota family investment program, 
        temporary assistance for needy families program, medical 
        assistance, general assistance, general assistance medical care, 
        child care assistance program, and child support collections.  
           (c) "Welfare system" includes the Department of Human 
        Services, local social services agencies, county welfare 
        agencies, private licensing agencies, the public authority 
        responsible for child support enforcement, human services 
        boards, community mental health center boards, state hospitals, 
        state nursing homes, the ombudsman for mental health and mental 
        retardation, and persons, agencies, institutions, organizations, 
        and other entities under contract to any of the above agencies 
        to the extent specified in the contract. 
           (d) "Mental health data" means data on individual clients 
        and patients of community mental health centers, established 
        under section 245.62, mental health divisions of counties and 
        other providers under contract to deliver mental health 
        services, or the ombudsman for mental health and mental 
        retardation. 
           (e) "Fugitive felon" means a person who has been convicted 
        of a felony and who has escaped from confinement or violated the 
        terms of probation or parole for that offense. 
           (f) "Private licensing agency" means an agency licensed by 
        the commissioner of human services under chapter 245A to perform 
        the duties under section 245A.16. 
           Sec. 8.  Minnesota Statutes 2003 Supplement, section 13.46, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
        a statute specifically provides a different classification, data 
        on individuals collected, maintained, used, or disseminated by 
        the welfare system is private data on individuals, and shall not 
        be disclosed except:  
           (1) according to section 13.05; 
           (2) according to court order; 
           (3) according to a statute specifically authorizing access 
        to the private data; 
           (4) to an agent of the welfare system, including a law 
        enforcement person, attorney, or investigator acting for it in 
        the investigation or prosecution of a criminal or civil 
        proceeding relating to the administration of a program; 
           (5) to personnel of the welfare system who require the data 
        to verify an individual's identity; determine eligibility, 
        amount of assistance, and the need to provide services of 
        additional programs to the an individual or family across 
        programs; evaluate the effectiveness of programs; and 
        investigate suspected fraud; 
           (6) to administer federal funds or programs; 
           (7) between personnel of the welfare system working in the 
        same program; 
           (8) the amounts of cash public assistance and relief paid 
        to welfare recipients in this state, including to the Department 
        of Revenue to administer and evaluate tax refund or tax credit 
        programs and to identify individuals who may benefit from these 
        programs.  The following information may be disclosed under this 
        paragraph:  an individual's and their dependent's names, dates 
        of birth, Social Security numbers, income, addresses, and other 
        data as required, upon request by the Department of Revenue to 
        administer the property tax refund law, supplemental housing 
        allowance, early refund of refundable tax credits, and the 
        income tax.  "Refundable tax credits" means Disclosures by the 
        commissioner of human services for the purposes described in 
        this clause are governed by section 270B.14, subdivision 1.  Tax 
        refund or tax credit programs include, but are not limited to, 
        the dependent care credit under section 290.067, the Minnesota 
        working family credit under section 290.0671, the property tax 
        refund and rental credit under section 290A.04, and, if the 
        required federal waiver or waivers are granted, the federal 
        earned income tax credit under section 32 of the Internal 
        Revenue Code the Minnesota education credit under section 
        290.0674; 
           (9) between the Department of Human Services, the 
        Department of Education, and the Department of Employment and 
        Economic Security Development for the purpose of monitoring the 
        eligibility of the data subject for unemployment benefits, for 
        any employment or training program administered, supervised, or 
        certified by that agency, for the purpose of administering any 
        rehabilitation program or child care assistance program, whether 
        alone or in conjunction with the welfare system, or to monitor 
        and evaluate the Minnesota family investment program by 
        exchanging data on recipients and former recipients of food 
        support, cash assistance under chapter 256, 256D, 256J, or 256K, 
        child care assistance under chapter 119B, or medical programs 
        under chapter 256B, 256D, or 256L; 
           (10) to appropriate parties in connection with an emergency 
        if knowledge of the information is necessary to protect the 
        health or safety of the individual or other individuals or 
        persons; 
           (11) data maintained by residential programs as defined in 
        section 245A.02 may be disclosed to the protection and advocacy 
        system established in this state according to Part C of Public 
        Law 98-527 to protect the legal and human rights of persons with 
        mental retardation or other related conditions who live in 
        residential facilities for these persons if the protection and 
        advocacy system receives a complaint by or on behalf of that 
        person and the person does not have a legal guardian or the 
        state or a designee of the state is the legal guardian of the 
        person; 
           (12) to the county medical examiner or the county coroner 
        for identifying or locating relatives or friends of a deceased 
        person; 
           (13) data on a child support obligor who makes payments to 
        the public agency may be disclosed to the Higher Education 
        Services Office to the extent necessary to determine eligibility 
        under section 136A.121, subdivision 2, clause (5); 
           (14) participant Social Security numbers and names 
        collected by the telephone assistance program may be disclosed 
        to the Department of Revenue to conduct an electronic data match 
        with the property tax refund database to determine eligibility 
        under section 237.70, subdivision 4a; 
           (15) the current address of a Minnesota family investment 
        program participant may be disclosed to law enforcement officers 
        who provide the name of the participant and notify the agency 
        that: 
           (i) the participant: 
           (A) is a fugitive felon fleeing to avoid prosecution, or 
        custody or confinement after conviction, for a crime or attempt 
        to commit a crime that is a felony under the laws of the 
        jurisdiction from which the individual is fleeing; or 
           (B) is violating a condition of probation or parole imposed 
        under state or federal law; 
           (ii) the location or apprehension of the felon is within 
        the law enforcement officer's official duties; and 
           (iii) the request is made in writing and in the proper 
        exercise of those duties; 
           (16) the current address of a recipient of general 
        assistance or general assistance medical care may be disclosed 
        to probation officers and corrections agents who are supervising 
        the recipient and to law enforcement officers who are 
        investigating the recipient in connection with a felony level 
        offense; 
           (17) information obtained from food support applicant or 
        recipient households may be disclosed to local, state, or 
        federal law enforcement officials, upon their written request, 
        for the purpose of investigating an alleged violation of the 
        Food Stamp Act, according to Code of Federal Regulations, title 
        7, section 272.1(c); 
           (18) the address, Social Security number, and, if 
        available, photograph of any member of a household receiving 
        food support shall be made available, on request, to a local, 
        state, or federal law enforcement officer if the officer 
        furnishes the agency with the name of the member and notifies 
        the agency that:  
           (i) the member: 
           (A) is fleeing to avoid prosecution, or custody or 
        confinement after conviction, for a crime or attempt to commit a 
        crime that is a felony in the jurisdiction the member is 
        fleeing; 
           (B) is violating a condition of probation or parole imposed 
        under state or federal law; or 
           (C) has information that is necessary for the officer to 
        conduct an official duty related to conduct described in subitem 
        (A) or (B); 
           (ii) locating or apprehending the member is within the 
        officer's official duties; and 
           (iii) the request is made in writing and in the proper 
        exercise of the officer's official duty; 
           (19) the current address of a recipient of Minnesota family 
        investment program, general assistance, general assistance 
        medical care, or food support may be disclosed to law 
        enforcement officers who, in writing, provide the name of the 
        recipient and notify the agency that the recipient is a person 
        required to register under section 243.166, but is not residing 
        at the address at which the recipient is registered under 
        section 243.166; 
           (20) certain information regarding child support obligors 
        who are in arrears may be made public according to section 
        518.575; 
           (21) data on child support payments made by a child support 
        obligor and data on the distribution of those payments excluding 
        identifying information on obligees may be disclosed to all 
        obligees to whom the obligor owes support, and data on the 
        enforcement actions undertaken by the public authority, the 
        status of those actions, and data on the income of the obligor 
        or obligee may be disclosed to the other party; 
           (22) data in the work reporting system may be disclosed 
        under section 256.998, subdivision 7; 
           (23) to the Department of Education for the purpose of 
        matching Department of Education student data with public 
        assistance data to determine students eligible for free and 
        reduced price meals, meal supplements, and free milk according 
        to United States Code, title 42, sections 1758, 1761, 1766, 
        1766a, 1772, and 1773; to allocate federal and state funds that 
        are distributed based on income of the student's family; and to 
        verify receipt of energy assistance for the telephone assistance 
        plan; 
           (24) the current address and telephone number of program 
        recipients and emergency contacts may be released to the 
        commissioner of health or a local board of health as defined in 
        section 145A.02, subdivision 2, when the commissioner or local 
        board of health has reason to believe that a program recipient 
        is a disease case, carrier, suspect case, or at risk of illness, 
        and the data are necessary to locate the person; 
           (25) to other state agencies, statewide systems, and 
        political subdivisions of this state, including the attorney 
        general, and agencies of other states, interstate information 
        networks, federal agencies, and other entities as required by 
        federal regulation or law for the administration of the child 
        support enforcement program; 
           (26) to personnel of public assistance programs as defined 
        in section 256.741, for access to the child support system 
        database for the purpose of administration, including monitoring 
        and evaluation of those public assistance programs; 
           (27) to monitor and evaluate the Minnesota family 
        investment program by exchanging data between the Departments of 
        Human Services and Education, on recipients and former 
        recipients of food support, cash assistance under chapter 256, 
        256D, 256J, or 256K, child care assistance under chapter 119B, 
        or medical programs under chapter 256B, 256D, or 256L; 
           (28) to evaluate child support program performance and to 
        identify and prevent fraud in the child support program by 
        exchanging data between the Department of Human Services, 
        Department of Revenue under section 270B.14, subdivision 1, 
        paragraphs (a) and (b), without regard to the limitation of use 
        in paragraph (c), Department of Health, Department of Economic 
        Security, and other state agencies as is reasonably necessary to 
        perform these functions; or 
           (29) counties operating child care assistance programs 
        under chapter 119B may disseminate data on program participants, 
        applicants, and providers to the commissioner of education. 
           (b) Information on persons who have been treated for drug 
        or alcohol abuse may only be disclosed according to the 
        requirements of Code of Federal Regulations, title 42, sections 
        2.1 to 2.67. 
           (c) Data provided to law enforcement agencies under 
        paragraph (a), clause (15), (16), (17), or (18), or paragraph 
        (b), are investigative data and are confidential or protected 
        nonpublic while the investigation is active.  The data are 
        private after the investigation becomes inactive under section 
        13.82, subdivision 5, paragraph (a) or (b). 
           (d) Mental health data shall be treated as provided in 
        subdivisions 7, 8, and 9, but is not subject to the access 
        provisions of subdivision 10, paragraph (b). 
           For the purposes of this subdivision, a request will be 
        deemed to be made in writing if made through a computer 
        interface system. 
           Sec. 9.  Minnesota Statutes 2002, section 13.46, 
        subdivision 7, is amended to read: 
           Subd. 7.  [MENTAL HEALTH CENTER DATA.] (a) Mental health 
        data are private data on individuals and shall not be disclosed, 
        except:  
           (1) pursuant to section 13.05, as determined by the 
        responsible authority for the community mental health center, 
        mental health division, or provider; 
           (2) pursuant to court order; 
           (3) pursuant to a statute specifically authorizing access 
        to or disclosure of mental health data or as otherwise provided 
        by this subdivision; or 
           (4) with the consent of the client or patient.  
           (b) An agency of the welfare system may not require an 
        individual to consent to the release of mental health data as a 
        condition for receiving services or for reimbursing a community 
        mental health center, mental health division of a county, or 
        provider under contract to deliver mental health services. 
           (c) Notwithstanding section 245.69, subdivision 2, 
        paragraph (f), or any other law to the contrary, the responsible 
        authority for a community mental health center, mental health 
        division of a county, or a mental health provider must disclose 
        mental health data to a law enforcement agency if the law 
        enforcement agency provides the name of a client or patient and 
        communicates that the: 
           (1) client or patient is currently involved in an emergency 
        interaction with the law enforcement agency; and 
           (2) data is necessary to protect the health or safety of 
        the client or patient or of another person. 
           The scope of disclosure under this paragraph is limited to 
        the minimum necessary for law enforcement to respond to the 
        emergency.  Disclosure under this paragraph may include, but is 
        not limited to, the name and telephone number of the 
        psychiatrist, psychologist, therapist, mental health 
        professional, practitioner, or case manager of the client or 
        patient.  A law enforcement agency that obtains mental health 
        data under this paragraph shall maintain a record of the 
        requestor, the provider of the information, and the client or 
        patient name.  Mental health data obtained by a law enforcement 
        agency under this paragraph are private data on individuals and 
        must not be used by the law enforcement agency for any other 
        purpose.  A law enforcement agency that obtains mental health 
        data under this paragraph shall inform the subject of the data 
        that mental health data was obtained.  
           (d) In the event of a request under paragraph (a), clause 
        (4), a community mental health center, county mental health 
        division, or provider must release mental health data to 
        Criminal Mental Health Court personnel in advance of receiving a 
        copy of a consent if the Criminal Mental Health Court personnel 
        communicate that the: 
           (1) client or patient is a defendant in a criminal case 
        pending in the district court; 
           (2) data being requested is limited to information that is 
        necessary to assess whether the defendant is eligible for 
        participation in the Criminal Mental Health Court; and 
           (3) client or patient has consented to the release of the 
        mental health data and a copy of the consent will be provided to 
        the community mental health center, county mental health 
        division, or provider within 72 hours of the release of the data.
           For purposes of this paragraph, "Criminal Mental Health 
        Court" refers to a specialty criminal calendar of the Hennepin 
        County District Court for defendants with mental illness and 
        brain injury where a primary goal of the calendar is to assess 
        the treatment needs of the defendants and to incorporate those 
        treatment needs into voluntary case disposition plans.  The data 
        released pursuant to this paragraph may be used for the sole 
        purpose of determining whether the person is eligible for 
        participation in mental health court.  This paragraph does not 
        in any way limit or otherwise extend the rights of the court to 
        obtain the release of mental health data pursuant to court order 
        or any other means allowed by law. 
           Sec. 10.  Minnesota Statutes 2002, section 13.461, is 
        amended by adding a subdivision to read: 
           Subd. 28.  [CHILD CARE ASSISTANCE PROGRAM.] Data collected, 
        maintained, used, or disseminated by the welfare system 
        pertaining to persons selected as legal nonlicensed child care 
        providers by families receiving child care assistance are 
        classified under section 119B.02, subdivision 6. 
           Sec. 11.  Minnesota Statutes 2002, section 13.47, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DATA PREPARATION.] To produce data required to 
        certify the eligibility of training service providers under 
        section 268.0122, subdivision 3, clause (7), the Workforce 
        Investment Act of 1998, United States Code, title 29, section 
        2801, or other studies required by law, the commissioner of 
        economic security, in consultation with the governor's Workforce 
        Development Council, employment and economic development may: 
           (1) enter into a data exchange agreement with a training 
        service provider whereby the commissioner of economic 
        security employment and economic development shall furnish to 
        the provider wage information under section 268.044 on 
        individuals who have received training services from the 
        provider.  The provider shall use this wage information to 
        prepare summary data determined necessary by the commissioner in 
        consultation with the governor's Workforce Development Council.  
        The provider may use this wage information for conducting 
        studies to improve instruction; or 
           (2) if there is no agreement under clause (1), require the 
        training service provider to furnish employment and training 
        data determined necessary by the commissioner in consultation 
        with the governor's Workforce Development Council. 
           Sec. 12.  Minnesota Statutes 2002, section 13.51, 
        subdivision 2, is amended to read: 
           Subd. 2.  [INCOME PROPERTY ASSESSMENT DATA.] The following 
        data collected by political subdivisions from individuals or 
        business entities concerning income properties are classified as 
        private or nonpublic data pursuant to section 13.02, 
        subdivisions 9 and 12: 
           (a) detailed income and expense figures for the current 
        year plus the previous three years; 
           (b) average vacancy factors for the previous three years; 
           (c) verified net rentable areas or net usable areas, 
        whichever is appropriate; 
           (d) anticipated income and expenses for the current year; 
           (e) projected vacancy factor for the current year factors; 
        and 
           (f) lease information. 
           Sec. 13.  Minnesota Statutes 2002, section 13.51, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [REQUEST FOR LEGAL DISCOVERY OF INCOME PROPERTY 
        ASSESSMENT DATA.] Upon request by a party to a responsible 
        authority or designee for legal discovery of income property 
        assessment data, as defined in subdivision 2, the requesting 
        party shall notify the owner of record of the property. 
           Sec. 14.  Minnesota Statutes 2002, section 13.598, as 
        amended by Laws 2003, chapter 128, article 13, section 40, and 
        Laws 2003, First Special Session chapter 4, section 1, is 
        amended to read: 
           13.598 [EMPLOYMENT AND ECONOMIC DEVELOPMENT DATA CODED 
        ELSEWHERE.] 
           Subdivision 1.  [SCOPE.] The sections referred to in 
        subdivisions 2 2a to 6 12 are codified outside this chapter and 
        include classification of employment and economic development 
        data as other than public, place restrictions on access to 
        government data, or involve data sharing.  
           Subd. 2a.  [COMMISSIONER OF EMPLOYMENT AND ECONOMIC 
        DEVELOPMENT.] Data maintained by the commissioner of employment 
        and economic development are classified under sections 268.19 
        and 469.154, subdivision 2. 
           Subd. 3.  [MINNESOTA TECHNOLOGY, INC.] Data on a tape of a 
        closed board meeting of Minnesota Technology, Inc. are 
        classified under section 116O.03, subdivision 6.  Certain data 
        disclosed to the board or employees of Minnesota Technology, 
        Inc. are classified under section 116O.03, subdivision 7.  
           Subd. 4.  [AIRCRAFT FACILITIES.] Specified data about an 
        airline submitted in connection with state financing of certain 
        aircraft maintenance facilities are classified under section 
        116R.02, subdivision 3.  
           Subd. 5.  [MINNESOTA BUSINESS FINANCE, INC.] Various data 
        held by Minnesota Business Finance, Inc. are classified under 
        section 116S.02, subdivision 8.  
           Subd. 6.  [LOCAL ECONOMIC DEVELOPMENT DATA.] (a) [ 
        PRELIMINARY INFORMATION.] Access to preliminary information 
        submitted to the commissioner of employment and economic 
        development under sections 469.142 to 469.151 or sections 
        469.152 to 469.165 is limited under section 469.154, subdivision 
        2.  
           (b)  [ENTERPRISE ZONES.] Data sharing between the 
        commissioner of revenue and the commissioner of employment and 
        economic development or a municipality receiving an enterprise 
        zone designation is governed by section 469.173, subdivision 5. 
           (c)  [TAX INCENTIVES.] Disclosure of data by the Department 
        of Revenue to determine eligibility for tax incentives available 
        under section 272.0212, 469.1732, or 469.1734, is governed by 
        section 469.1733, subdivision 1. 
           Subd. 7.  [PROGRAM DATA.] Program data collected on 
        individuals are classified by section 268.0122, subdivision 7. 
           Subd. 8.  [UNEMPLOYMENT INSURANCE HEARINGS.] Disclosure of 
        unemployment insurance hearing data is governed by section 
        268.105, subdivision 5. 
           Subd. 9.  [MINNESOTA YOUTH PROGRAM.] Data on individuals 
        under the Minnesota Youth program are classified under section 
        268.561, subdivision 7. 
           Subd. 10.  [EMPLOYMENT AND TRAINING PROGRAMS; DATA 
        SHARING.] Data sharing of employment and training program data 
        between the commissioner of employment and economic development, 
        the commissioner of human services, state agency personnel, and 
        other users of the inventory, referral and intake system, is 
        governed by section 268.86, subdivision 10. 
           Subd. 11.  [VOCATIONAL REHABILITATION DATA.] Disclosure of 
        data obtained by the Department of Employment and Economic 
        Development regarding the vocational rehabilitation of an 
        injured or disabled employee is governed by section 268A.05. 
           Subd. 12.  [EMPLOYER DATA.] The department may disseminate 
        an employer's name, address, industry code, and the number of 
        employees by ranges of not less than 100 for the purpose of 
        assisting individuals using the Minnesota Workforce Center 
        system in obtaining employment. 
           Sec. 15.  Minnesota Statutes 2002, section 13.7931, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [SPECIFIC LOCATION DATA.] Specific location data 
        are classified under section 84.0872. 
           Sec. 16.  Minnesota Statutes 2002, section 13.82, 
        subdivision 5, is amended to read: 
           Subd. 5.  [DOMESTIC ABUSE DATA.] The written police report 
        required by section 629.341, subdivision 4, of an alleged 
        incident described in section 629.341, subdivision 1, and arrest 
        data, request for service data, and response or incident data 
        described in subdivision 2, 3, or 6 that arise out of this type 
        of incident or out of an alleged violation of an order for 
        protection must be released upon request at no cost to the 
        victim of domestic abuse, the victim's attorney, or an 
        organization designated by the Minnesota Center for Crime 
        Victims Services, the Department of Corrections, or the 
        Department of Public Safety as providing services to victims of 
        domestic abuse.  The executive director or the commissioner of 
        the appropriate state agency shall develop written criteria for 
        this designation in consultation with the Advisory Council on 
        Battered Women and Domestic Abuse. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment.  
           Sec. 17.  Minnesota Statutes 2002, section 13.871, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [MENTAL HEALTH DATA RECEIVED BY LAW 
        ENFORCEMENT.] Certain mental health data received by law 
        enforcement from health care providers is classified under 
        section 144.335, subdivision 3a.  
           Sec. 18.  Minnesota Statutes 2002, section 13D.05, 
        subdivision 3, is amended to read: 
           Subd. 3.  [WHAT MEETINGS MAY BE CLOSED.] (a) A public body 
        may close a meeting to evaluate the performance of an individual 
        who is subject to its authority.  The public body shall identify 
        the individual to be evaluated prior to closing a meeting.  At 
        its next open meeting, the public body shall summarize its 
        conclusions regarding the evaluation.  A meeting must be open at 
        the request of the individual who is the subject of the meeting. 
           (b) Meetings may be closed if the closure is expressly 
        authorized by statute or permitted by the attorney-client 
        privilege. 
           (c) Meetings may be closed to receive security briefings 
        and reports, to discuss issues related to security systems, to 
        discuss emergency response procedures and to discuss security 
        deficiencies in or recommendations regarding public services, 
        infrastructure and facilities, if disclosure of the information 
        discussed would pose a danger to public safety or compromise 
        security procedures or responses.  Financial issues related to 
        security matters must be discussed and all related financial 
        decisions must be made at an open meeting.  Before closing a 
        meeting under this paragraph, the public body, in describing the 
        subject to be discussed, must refer to the facilities, systems, 
        procedures, services, or infrastructures to be considered during 
        the closed meeting.  A closed meeting must be tape recorded at 
        the expense of the governing body, and the recording must be 
        preserved for at least four years.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 19.  Minnesota Statutes 2002, section 38.04, is 
        amended to read: 
           38.04 [ANNUAL MEETINGS; REPORTS.] 
           Every county agricultural society shall hold an annual 
        meeting for the election of officers and the transaction of 
        other business on or before the third Tuesday in November.  
        Service on the county agricultural society board or as an 
        officer of the board is not a public office.  Elected officials 
        of the state or its political subdivisions may serve on the 
        board or be elected as officers. 
           At the annual meeting, the society's secretary shall make a 
        report of its proceedings for the preceding year; this report 
        shall contain a statement of all transactions at its fairs, the 
        numbers of entries, the amount and source of all money received, 
        and the amount paid out for premiums and other purposes, and 
        show in detail its entire receipts and expenditures during the 
        year.  The report must contain a separate accounting of any 
        income received from the operation of horse racing on which 
        pari-mutuel betting is conducted, and of the disposition of that 
        income.  
           The treasurer shall make a comprehensive report of the 
        funds received, paid out, and on hand, and upon whose order 
        paid.  Each secretary shall cause a certified copy of the annual 
        report to be filed with the county recorder of the county and 
        the commissioner of agriculture on or before the first day of 
        November each year.  Reports of the society are public data 
        under chapter 13 and must be made available for inspection by 
        any person. 
           Sec. 20.  Minnesota Statutes 2002, section 45.027, 
        subdivision 7a, is amended to read: 
           Subd. 7a.  [AUTHORIZED DISCLOSURES OF INFORMATION AND 
        DATA.] (a) The commissioner may release and disclose any active 
        or inactive investigative information and data on licensees to 
        any national securities exchange or national securities 
        association registered under the Securities Exchange Act of 1934 
        when necessary for the requesting agency in initiating, 
        furthering, or completing an investigation. 
           (b) The commissioner may release any active or inactive 
        investigative data relating to the conduct of the business of 
        insurance to the Office of the Comptroller of the Currency or 
        the Office of Thrift Supervision in order to facilitate the 
        initiation, furtherance, or completion of the investigation. 
           Sec. 21.  Minnesota Statutes 2002, section 60A.03, 
        subdivision 9, is amended to read: 
           Subd. 9.  [CONFIDENTIALITY OF INFORMATION.] The 
        commissioner may not be required to divulge any information 
        obtained in the course of the supervision of insurance 
        companies, or the examination of insurance companies, including 
        examination related correspondence and workpapers, until the 
        examination report is finally accepted and issued by the 
        commissioner, and then only in the form of the final public 
        report of examinations.  Nothing contained in this subdivision 
        prevents or shall be construed as prohibiting the commissioner 
        from disclosing the content of this information to the insurance 
        department of another state or, the National Association of 
        Insurance Commissioners, or the National Association of 
        Securities Dealers if the recipient of the information agrees in 
        writing to hold it as nonpublic data as defined in section 
        13.02, in a manner consistent with this subdivision.  This 
        subdivision does not apply to the extent the commissioner is 
        required or permitted by law, or ordered by a court of law to 
        testify or produce evidence in a civil or criminal proceeding.  
        For purposes of this subdivision, a subpoena is not an order of 
        a court of law. 
           Sec. 22.  Minnesota Statutes 2002, section 60A.031, 
        subdivision 4, is amended to read: 
           Subd. 4.  [EXAMINATION REPORT; FOREIGN AND DOMESTIC 
        COMPANIES.] (a) The commissioner shall make a full and true 
        report of every examination conducted pursuant to this chapter, 
        which shall include (1) a statement of findings of fact relating 
        to the financial status and other matters ascertained from the 
        books, papers, records, documents, and other evidence obtained 
        by investigation and examination or ascertained from the 
        testimony of officers, agents, or other persons examined under 
        oath concerning the business, affairs, assets, obligations, 
        ability to fulfill obligations, and compliance with all the 
        provisions of the law of the company, applicant, organization, 
        or person subject to this chapter and (2) a summary of important 
        points noted in the report, conclusions, recommendations and 
        suggestions as may reasonably be warranted from the facts so 
        ascertained in the examinations.  The report of examination 
        shall be verified by the oath of the examiner in charge thereof, 
        and shall be prima facie evidence in any action or proceedings 
        in the name of the state against the company, applicant, 
        organization, or person upon the facts stated therein.  
           (b) No later than 60 days following completion of the 
        examination, the examiner in charge shall file with the 
        department a verified written report of examination under oath.  
        Upon receipt of the verified report, the department shall 
        transmit the report to the company examined, together with a 
        notice which provides the company examined with a reasonable 
        opportunity of not more than 30 days to make a written 
        submission or rebuttal with respect to matters contained in the 
        examination report. 
           (c) Within 30 days of the end of the period allowed for the 
        receipt of written submissions or rebuttals, the commissioner 
        shall fully consider and review the report, together with the 
        written submissions or rebuttals and the relevant portions of 
        the examiner's workpapers and enter an order: 
           (1) adopting the examination report as filed or with 
        modification or corrections.  If the examination report reveals 
        that the company is operating in violation of any law, rule, or 
        prior order of the commissioner, the commissioner may order the 
        company to take any action the commissioner considers necessary 
        and appropriate to cure the violation; 
           (2) rejecting the examination report with directions to the 
        examiners to reopen the examination for purposes of obtaining 
        additional data, documentation, or information, and refiling the 
        report as required under paragraph (b); or 
           (3) calling for an investigatory hearing with no less than 
        20 days' notice to the company for purposes of obtaining 
        additional documentation, data, information, and testimony. 
           (d)(1) All orders entered under paragraph (c), clause (1), 
        must be accompanied by findings and conclusions resulting from 
        the commissioner's consideration and review of the examination 
        report, relevant examiner workpapers, and any written 
        submissions or rebuttals.  The order is a final administrative 
        decision and may be appealed as provided under chapter 14.  The 
        order must be served upon the company by certified mail, 
        together with a copy of the adopted examination report.  Within 
        30 days of the issuance of the adopted report, the company shall 
        file affidavits executed by each of its directors stating under 
        oath that they have received a copy of the adopted report and 
        related orders.  
           (2) A hearing conducted under paragraph (c), clause (3), by 
        the commissioner or authorized representative, must be conducted 
        as a nonadversarial confidential investigatory proceeding as 
        necessary for the resolution of inconsistencies, discrepancies, 
        or disputed issues apparent upon the face of the filed 
        examination report or raised by or as a result of the 
        commissioner's review of relevant workpapers or by the written 
        submission or rebuttal of the company.  Within 20 days of the 
        conclusion of the hearing, the commissioner shall enter an order 
        as required under paragraph (c), clause (1).  
           (3) The commissioner shall not appoint an examiner as an 
        authorized representative to conduct the hearing.  The hearing 
        must proceed expeditiously.  Discovery by the company is limited 
        to the examiner's workpapers which tend to substantiate 
        assertions in a written submission or rebuttal.  The 
        commissioner or the commissioner's representative may issue 
        subpoenas for the attendance of witnesses or the production of 
        documents considered relevant to the investigation whether under 
        the control of the department, the company, or other persons.  
        The documents produced must be included in the record.  
        Testimony taken by the commissioner or the commissioner's 
        representative must be under oath and preserved for the record. 
           This section does not require the department to disclose 
        information or records which would indicate or show the 
        existence or content of an investigation or activity of a 
        criminal justice agency. 
           (4) The hearing must proceed with the commissioner or the 
        commissioner's representative posing questions to the persons 
        subpoenaed.  Thereafter, the company and the department may 
        present testimony relevant to the investigation.  
        Cross-examination may be conducted only by the commissioner or 
        the commissioner's representative.  The company and the 
        department shall be permitted to make closing statements and may 
        be represented by counsel of their choice.  
           (e)(1) Upon the adoption of the examination report under 
        paragraph (c), clause (1), the commissioner shall continue to 
        hold the content of the examination report as private and 
        confidential information for a period of 30 days except as 
        otherwise provided in paragraph (b).  Thereafter, the 
        commissioner may open the report for public inspection if a 
        court of competent jurisdiction has not stayed its publication. 
           (2) Nothing contained in this subdivision prevents or shall 
        be construed as prohibiting the commissioner from disclosing the 
        content of an examination report, preliminary examination report 
        or results, or any matter relating to the reports, to the 
        Commerce Department or the insurance department of another state 
        or country, or to law enforcement officials of this or another 
        state or agency of the federal government at any time, if the 
        agency or office receiving the report or matters relating to the 
        report agrees in writing to hold it confidential and in a manner 
        consistent with this subdivision.  
           (3) If the commissioner determines that regulatory action 
        is appropriate as a result of an examination, the commissioner 
        may initiate proceedings or actions as provided by law. 
           (f) All working papers, recorded information, documents and 
        copies thereof produced by, obtained by, or disclosed to the 
        commissioner or any other person in the course of an examination 
        made under this subdivision must be given confidential treatment 
        and are not subject to subpoena and may not be made public by 
        the commissioner or any other person, except to the extent 
        provided in paragraph (e).  Access may also be granted to the 
        National Association of Insurance Commissioners and the National 
        Association of Securities Dealers.  The parties must agree in 
        writing prior to receiving the information to provide to it the 
        same confidential treatment as required by this section, unless 
        the prior written consent of the company to which it pertains 
        has been obtained. 
           Sec. 23.  [84.0872] [SPECIFIC LOCATION DATA.] 
           Subdivision 1.  [DEFINITION; GENERAL CLASSIFICATION.] As 
        used in this section, "specific location data" means data that 
        would enable persons to locate the protected wild animal or 
        endangered, threatened, or special concern plant or animal 
        identified by the data.  Specific location data are public data 
        unless otherwise classified in this section. 
           Subd. 2.  [NONPUBLIC DATA.] Specific location data procured 
        by the Department of Natural Resources that identify protected 
        wild animals, as defined under section 97A.015, subdivision 39, 
        or species that are designated endangered, threatened, or of 
        special concern under section 84.0895, subdivision 3, are 
        nonpublic data if disclosure is likely to: 
           (1) hinder management, propagation, or research; 
           (2) facilitate unfair chase or illegal taking, transport, 
        or sale; or 
           (3) decrease the likelihood of establishing a protected 
        wild animal or bringing an endangered, threatened, or special 
        concern species to a point at which it is no longer endangered, 
        threatened, or of special concern. 
           If a request for access to specific location data is denied 
        under this subdivision, the commissioner must provide the 
        requestor with a written explanation of the reason for the 
        denial. 
           Subd. 3.  [DISCLOSURE.] The commissioner may disclose data 
        classified as nonpublic under subdivision 2 to a person, an 
        agency, or the public if the commissioner determines that the 
        disclosure will promote public benefit by: 
           (1) aiding the environmental review process; 
           (2) aiding research, education, or conservation planning; 
        or 
           (3) providing information to landowners about locations 
        occurring on the landowners' property, if provision of the 
        information will promote protection of the resource. 
           Sec. 24.  Minnesota Statutes 2002, section 119B.02, 
        subdivision 6, is amended to read: 
           Subd. 6.  [DATA.] Data on individuals collected by the 
        commissioner for purposes of administering this chapter are 
        private data on individuals as defined in section 13.02.  Data 
        collected, maintained, used, or disseminated by the welfare 
        system pertaining to persons selected as legal nonlicensed child 
        care providers by families receiving child care assistance shall 
        be treated as licensing data as provided in section 13.46, 
        subdivision 4. 
           Sec. 25.  Minnesota Statutes 2002, section 144.2215, is 
        amended to read: 
           144.2215 [MINNESOTA BIRTH DEFECTS REGISTRY INFORMATION 
        SYSTEM.] 
           Subdivision 1.  [ESTABLISHMENT.] The commissioner of health 
        shall develop a statewide birth defects registry system to 
        provide for the collection, analysis, and dissemination of birth 
        defects information establish and maintain an information system 
        containing data on the cause, treatment, prevention, and cure of 
        major birth defects.  The commissioner shall consult with 
        representatives and experts in epidemiology, medicine, 
        insurance, health maintenance organizations, genetics, 
        consumers, and voluntary organizations in developing the system 
        and may phase in the implementation of the system. 
           Subd. 2.  [DUTIES OF COMMISSIONER.] The commissioner of 
        health shall design a system that allows the commissioner to: 
           (1) monitor incidence trends of birth defects to detect 
        potential public health problems, predict risks, and assist in 
        responding to birth defects clusters; 
           (2) more accurately target intervention, prevention, and 
        services for communities, patients, and their families; 
           (3) inform health professionals and citizens of the 
        prevalence of and risks for birth defects; 
           (4) conduct scientific investigation and surveys of the 
        causes, mortality, methods of treatment, prevention, and cure 
        for birth defects; 
           (5) modify, as necessary, the birth defects information 
        system through demonstration projects; 
           (6) remove identifying information about a child whose 
        parent or legal guardian has chosen not to participate in the 
        system as permitted by section 144.2216, subdivision 4; 
           (7) protect the individually identifiable information as 
        required by section 144.2217; 
           (8) limit the dissemination of identifying information as 
        required by sections 144.2218 and 144.2219; and 
           (9) use the birth defects coding scheme defined by the 
        Centers for Disease Control and Prevention (CDC) of the United 
        States Public Health Service.  
           [EFFECTIVE DATE.] This section is effective upon receipt of 
        a federal grant to establish a birth defects information system. 
           Sec. 26.  [144.2216] [BIRTH DEFECTS RECORDS AND REPORTS 
        REQUIRED.] 
           Subdivision 1.  [HOSPITALS AND SIMILAR INSTITUTIONS.] With 
        the informed consent of a parent or guardian, as provided in 
        subdivision 4, a hospital, medical clinic, medical laboratory, 
        or other institution for the hospitalization, clinical or 
        laboratory diagnosis, or care of human beings shall provide the 
        commissioner of health with access to information on each birth 
        defect case in the manner and at the times that the commissioner 
        designates. 
           Subd. 2.  [OTHER INFORMATION REPOSITORIES.] With the 
        informed consent of a parent or guardian, as provided in 
        subdivision 4, other repositories of information on the 
        diagnosis or care of infants may provide the commissioner with 
        access to information on each case of birth defects in the 
        manner and at the times that the commissioner designates. 
           Subd. 3.  [REPORTING WITHOUT LIABILITY.] Furnishing 
        information in good faith in compliance with this section does 
        not subject the person, hospital, medical clinic, medical 
        laboratory, data repository, or other institution furnishing the 
        information to any action for damages or relief. 
           Subd. 4.  [OPT OUT.] A parent or legal guardian must be 
        informed by the commissioner at the time of the initial data 
        collection that they may request removal at any time of personal 
        identifying information concerning a child from the birth 
        defects information system using a written form prescribed by 
        the commissioner.  The commissioner shall advise parents or 
        legal guardians of infants: 
           (1) that the information on birth defects may be retained 
        by the Department of Health; 
           (2) the benefit of retaining birth defects records; 
           (3) that they may elect to have the birth defects 
        information collected once, within one year of birth, but to 
        require that all personally identifying information be destroyed 
        immediately upon the commissioner receiving the information.  
        If the parents of an infant object in writing to the maintaining 
        of birth defects information, the objection or election shall be 
        recorded on a form that is signed by a parent or legal guardian 
        and submitted to the commissioner of health; and 
           (4) that if the parent or legal guardian chooses to 
        opt-out, the commissioner will not be able to inform the parent 
        or legal guardian of a child of information related to the 
        prevention, treatment, or cause of a particular birth defect. 
           [EFFECTIVE DATE.] This section is effective upon receipt of 
        a federal grant to establish a birth defects information system. 
           Sec. 27.  [144.2217] [CLASSIFICATION OF BIRTH DEFECTS 
        INFORMATION.] 
           Information collected on individuals for the birth defects 
        information system are private data on individuals as defined in 
        section 13.02, subdivision 12, and may only be used for the 
        purposes in sections 144.2215 to 144.2219.  Any disclosure other 
        than one provided for in sections 144.2215 to 144.2219 is a 
        misdemeanor. 
           [EFFECTIVE DATE.] This section is effective upon receipt of 
        a federal grant to establish a birth defects information system. 
           Sec. 28.  [144.2218] [TRANSFERS OF INFORMATION TO OTHER 
        GOVERNMENT AGENCIES.] 
           Information collected by the birth defects information 
        system may be disseminated to a state or local government agency 
        in Minnesota or another state solely for purposes consistent 
        with sections 144.2215 to 144.2219, provided that the state or 
        local government agency agrees to maintain the classification of 
        the information as provided under section 144.2217.  Information 
        collected by other states consistent with sections 144.2215 to 
        144.2219 may be received by the commissioner of health and must 
        be maintained according to section 144.2217. 
           [EFFECTIVE DATE.] This section is effective upon receipt of 
        a federal grant to establish a birth defects information system. 
           Sec. 29.  [144.2219] [TRANSFERS OF INFORMATION TO RESEARCH 
        ENTITIES.] 
           Information from the birth defects information system that 
        does not contain identifying information may be shared with 
        research entities upon request for studies approved by the 
        commissioner and appropriate institutional review boards.  For 
        studies approved by the commissioner that require identifying 
        information about a child or a parent or legal guardian of the 
        child, the commissioner shall contact the parent or legal 
        guardian to obtain informed consent to share identifying 
        information with the research entity.  Notwithstanding section 
        144.335, subdivision 3a, paragraph (d), the parent or legal 
        guardian must provide informed consent before the information 
        may be shared.  The commissioner must collect all reasonable 
        costs of locating and obtaining consent from the research entity.
           [EFFECTIVE DATE.] This section is effective upon receipt of 
        a federal grant to establish a birth defects information system. 
           Sec. 30.  Minnesota Statutes 2002, section 144.335, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [PATIENT CONSENT TO RELEASE OF RECORDS; 
        LIABILITY.] (a) A provider, or a person who receives health 
        records from a provider, may not release a patient's health 
        records to a person without a signed and dated consent from the 
        patient or the patient's legally authorized representative 
        authorizing the release, unless the release is specifically 
        authorized by law.  Except as provided in paragraph (c) or (d), 
        a consent is valid for one year or for a lesser period specified 
        in the consent or for a different period provided by law.  
           (b) This subdivision does not prohibit the release of 
        health records: 
           (1) for a medical emergency when the provider is unable to 
        obtain the patient's consent due to the patient's condition or 
        the nature of the medical emergency; or 
           (2) to other providers within related health care entities 
        when necessary for the current treatment of the patient. 
           (c) Notwithstanding paragraph (a), if a patient explicitly 
        gives informed consent to the release of health records for the 
        purposes and pursuant to the restrictions in clauses (1) and 
        (2), the consent does not expire after one year for: 
           (1) the release of health records to a provider who is 
        being advised or consulted with in connection with the current 
        treatment of the patient; 
           (2) the release of health records to an accident and health 
        insurer, health service plan corporation, health maintenance 
        organization, or third-party administrator for purposes of 
        payment of claims, fraud investigation, or quality of care 
        review and studies, provided that: 
           (i) the use or release of the records complies with 
        sections 72A.49 to 72A.505; 
           (ii) further use or release of the records in individually 
        identifiable form to a person other than the patient without the 
        patient's consent is prohibited; and 
           (iii) the recipient establishes adequate safeguards to 
        protect the records from unauthorized disclosure, including a 
        procedure for removal or destruction of information that 
        identifies the patient. 
           (d) Notwithstanding paragraph (a), health records may be 
        released to an external researcher solely for purposes of 
        medical or scientific research only as follows: 
           (1) health records generated before January 1, 1997, may be 
        released if the patient has not objected or does not elect to 
        object after that date; 
           (2) for health records generated on or after January 1, 
        1997, the provider must: 
           (i) disclose in writing to patients currently being treated 
        by the provider that health records, regardless of when 
        generated, may be released and that the patient may object, in 
        which case the records will not be released; and 
           (ii) use reasonable efforts to obtain the patient's written 
        general authorization that describes the release of records in 
        item (i), which does not expire but may be revoked or limited in 
        writing at any time by the patient or the patient's authorized 
        representative; 
           (3) authorization may be established if an authorization is 
        mailed at least two times to the patient's last known address 
        with a postage prepaid return envelope and a conspicuous notice 
        that the patient's medical records may be released if the 
        patient does not object, and at least 60 days have expired since 
        the second notice was sent; and the provider must advise the 
        patient of the rights specified in clause (4); and 
           (4) the provider must, at the request of the patient, 
        provide information on how the patient may contact an external 
        researcher to whom the health record was released and the date 
        it was released.  
           In making a release for research purposes the provider 
        shall make a reasonable effort to determine that: 
           (i) the use or disclosure does not violate any limitations 
        under which the record was collected; 
           (ii) the use or disclosure in individually identifiable 
        form is necessary to accomplish the research or statistical 
        purpose for which the use or disclosure is to be made; 
           (iii) the recipient has established and maintains adequate 
        safeguards to protect the records from unauthorized disclosure, 
        including a procedure for removal or destruction of information 
        that identifies the patient; and 
           (iv) further use or release of the records in individually 
        identifiable form to a person other than the patient without the 
        patient's consent is prohibited.  
           (e) A person who negligently or intentionally releases a 
        health record in violation of this subdivision, or who forges a 
        signature on a consent form, or who obtains under false 
        pretenses the consent form or health records of another person, 
        or who, without the person's consent, alters a consent form, is 
        liable to the patient for compensatory damages caused by an 
        unauthorized release, plus costs and reasonable attorney's fees. 
           (f) Upon the written request of a spouse, parent, child, or 
        sibling of a patient being evaluated for or diagnosed with 
        mental illness, a provider shall inquire of a patient whether 
        the patient wishes to authorize a specific individual to receive 
        information regarding the patient's current and proposed course 
        of treatment.  If the patient so authorizes, the provider shall 
        communicate to the designated individual the patient's current 
        and proposed course of treatment.  Paragraph (a) applies to 
        consents given under this paragraph. 
           (g) Notwithstanding paragraph (a), a provider must disclose 
        health records relating to a patient's mental health to a law 
        enforcement agency if the law enforcement agency provides the 
        name of the patient and communicates that the: 
           (1) patient is currently involved in an emergency 
        interaction with the law enforcement agency; and 
           (2) disclosure of the records is necessary to protect the 
        health or safety of the patient or of another person.  
           The scope of disclosure under this paragraph is limited to 
        the minimum necessary for law enforcement to respond to the 
        emergency.  A law enforcement agency that obtains health records 
        under this paragraph shall maintain a record of the requestor, 
        the provider of the information, and the patient's name.  Health 
        records obtained by a law enforcement agency under this 
        paragraph are private data on individuals as defined in section 
        13.02 and must not be used by law enforcement for any other 
        purpose.  
           (h) In cases where a provider releases health records 
        without patient consent as authorized by law, the release must 
        be documented in the patient's health record.  In the case of a 
        release under paragraph (g), the documentation must include the 
        date and circumstances under which the release was made, the 
        person or agency to whom the release was made, and the records 
        that were released. 
           Sec. 31.  Minnesota Statutes 2003 Supplement, section 
        268.19, subdivision 1, is amended to read: 
           Subdivision 1.  [USE OF DATA.] (a) Except as otherwise 
        provided by this section, data gathered from any employer or 
        individual person pursuant to the administration of the 
        Minnesota Unemployment Insurance Law are private data on 
        individuals or nonpublic data not on individuals as defined in 
        section 13.02, subdivisions 9 and 12, and may not be disclosed 
        except pursuant to a court order or section 13.05.  A subpoena 
        shall not be considered a court order.  These data may be 
        disseminated to and used by the following agencies without the 
        consent of the subject of the data:  
           (1) state and federal agencies specifically authorized 
        access to the data by state or federal law; 
           (2) any agency of Minnesota or any other state; or any 
        federal agency charged with the administration of an employment 
        security law or unemployment insurance program; 
           (3) any agency responsible for the maintenance of a system 
        of public employment offices for the purpose of assisting 
        individuals in obtaining employment; 
           (3) (4) human rights agencies within Minnesota that have 
        enforcement powers; 
           (4) (5) the Department of Revenue must have access to 
        department private data on individuals and nonpublic data not on 
        individuals only to the extent necessary for enforcement of its 
        duties under Minnesota tax laws; 
           (5) (6) public and private agencies responsible for 
        administering publicly financed assistance programs for the 
        purpose of monitoring the eligibility of the program's 
        recipients; 
           (6) (7) the Department of Labor and Industry on an 
        interchangeable basis with the department subject to the 
        following limitations and regardless of any law to the contrary: 
           (i) the department must have access to private data on 
        individuals and nonpublic data not on individuals for uses 
        consistent with the administration of its duties under the 
        Minnesota Unemployment Insurance Law; and 
           (ii) the Department of Labor and Industry must have access 
        to private data on individuals and nonpublic data not on 
        individuals for uses consistent with the administration of its 
        duties under Minnesota law; 
           (7) the Department of Employment and Economic Development 
        may have access to private data on individual employers and 
        nonpublic data not on individual employers for its internal use 
        only; when received by the Department of Employment and Economic 
        Development, the data remain private data on individuals or 
        nonpublic data; 
           (8) local and state welfare agencies for monitoring the 
        eligibility of the data subject for assistance programs, or for 
        any employment or training program administered by those 
        agencies, whether alone, in combination with another welfare 
        agency, or in conjunction with the department or to monitor and 
        evaluate the statewide Minnesota family investment program by 
        providing data on recipients and former recipients of food 
        stamps or food support, cash assistance under chapter 256, 256D, 
        256J, or 256K, child care assistance under chapter 119B, or 
        medical programs under chapter 256B, 256D, or 256L; 
           (9) local, state, and federal law enforcement agencies for 
        the sole purpose of ascertaining the last known address and 
        employment location of the data subject, provided the data 
        subject a person who is the subject of a criminal investigation; 
           (10) the federal Immigration and Naturalization Service 
        shall have access to data on specific individuals and specific 
        employers provided the specific individual or specific employer 
        is the subject of an investigation by that agency; and 
           (11) the Department of Health may have access to private 
        data on individuals and nonpublic data not on individuals solely 
        for the purposes of epidemiologic investigations.  
           (b) Data on individuals and employers that are collected, 
        maintained, or used by the department in an investigation 
        pursuant to section 268.182 are confidential as to data on 
        individuals and protected nonpublic data not on individuals as 
        defined in section 13.02, subdivisions 3 and 13, and must not be 
        disclosed except pursuant to statute or court order or to a 
        party named in a criminal proceeding, administrative or 
        judicial, for preparation of a defense.  
           (c) Tape recordings and transcripts of recordings of 
        proceedings conducted in accordance with section 268.105 and 
        exhibits received into evidence at those proceedings are private 
        data on individuals and nonpublic data not on individuals and 
        must be disclosed only pursuant to the administration of section 
        268.105, or pursuant to a court order.  
           (d) The department may disseminate an employer's name, 
        address, industry code, occupations employed, and the number of 
        employees by ranges of not less than 100 for the purpose of 
        assisting individuals using the Minnesota Workforce Center 
        system in obtaining employment. 
           (e) The general aptitude test battery and the nonverbal 
        aptitude test battery as administered by the department are 
        private data on individuals or nonpublic data.  
           (f) Data gathered by the department pursuant to the 
        administration of the Minnesota unemployment insurance program 
        and the job service must not be made the subject or the basis 
        for any suit in any civil proceedings, administrative or 
        judicial, unless the action is initiated by the department. 
           Sec. 32.  Minnesota Statutes 2003 Supplement, section 
        268.19, subdivision 2, is amended to read: 
           Subd. 2.  [EMPLOYER INFORMATION; ABSOLUTE PRIVILEGE.] (a) 
        Regardless of any provision of law to the contrary, an employer 
        may provide the commissioner with information on an applicant so 
        that the commissioner can determine an applicant's entitlement 
        to unemployment benefits under the Minnesota Unemployment 
        Insurance Law. 
           (b) The commissioner may disseminate an employer's name and 
        address and the name and address of any employer's unemployment 
        insurance processing agent in order to administer the Minnesota 
        Unemployment Insurance Program. 
           (c) Information obtained pursuant to the Minnesota 
        Unemployment Insurance Law, in order to determine an applicant's 
        entitlement to unemployment benefits, shall be absolutely 
        privileged and shall not be made the subject matter or the basis 
        for any civil proceeding, administrative, or judicial.  
           Sec. 33.  Minnesota Statutes 2002, section 270B.01, 
        subdivision 8, is amended to read: 
           Subd. 8.  [MINNESOTA TAX LAWS.] For purposes of this 
        chapter only, unless expressly stated otherwise, "Minnesota tax 
        laws" means: 
           (1) the taxes, refunds, and fees administered by or paid to 
        the commissioner under chapters 115B (except taxes imposed under 
        sections 115B.21 to 115B.24), 289A (except taxes imposed under 
        sections 298.01, 298.015, and 298.24), 290, 290A, 291, 295, 
        297A, and 297H, or any similar Indian tribal tax administered by 
        the commissioner pursuant to any tax agreement between the state 
        and the Indian tribal government, and includes any laws for the 
        assessment, collection, and enforcement of those taxes, refunds, 
        and fees; and 
           (2) section 273.1315. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 34.  Minnesota Statutes 2002, section 270B.12, 
        subdivision 9, is amended to read: 
           Subd. 9.  [COUNTY ASSESSORS; HOMESTEAD APPLICATION, 
        DETERMINATION, AND INCOME TAX STATUS.] (a) If, as a result of an 
        audit, the commissioner determines that a person is a Minnesota 
        nonresident or part-year resident for income tax purposes, the 
        commissioner may disclose the person's name, address, and Social 
        Security number to the assessor of any political subdivision in 
        the state, when there is reason to believe that the person may 
        have claimed or received homestead property tax benefits for a 
        corresponding assessment year in regard to property apparently 
        located in the assessor's jurisdiction. 
           (b) To the extent permitted by section 273.124, subdivision 
        1, paragraph (a), the Department of Revenue may verify to a 
        county assessor whether an individual who is requesting or 
        receiving a homestead classification has filed a Minnesota 
        income tax return as a resident for the most recent taxable year 
        for which the information is available. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 35.  Minnesota Statutes 2003 Supplement, section 
        270B.12, subdivision 13, is amended to read: 
           Subd. 13.  [COUNTY ASSESSORS; CLASS 1B HOMESTEADS.] The 
        commissioner may disclose to a county assessor, and to the 
        assessor's designated agents or employees, a listing of parcels 
        of property qualifying for the class 1b property tax 
        classification under section 273.13, subdivision 22, and the 
        names and addresses of qualified applicants. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 36.  Minnesota Statutes 2002, section 270B.14, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DISCLOSURE TO DEPARTMENT OF EMPLOYMENT AND 
        ECONOMIC SECURITY DEVELOPMENT.] (a) Data relating to individuals 
        are treated as follows: 
           (1) Return information may be disclosed to the Department 
        of Employment and Economic Security Development to the extent 
        provided in clause (2) and for the purposes provided in clause 
        (3). 
           (2) The data that may be disclosed is limited to the amount 
        of gross income earned by an individual, the total amounts of 
        earnings from each employer, and the employer's name. 
           (3) Data may be requested pertaining only to individuals 
        who have claimed benefits under sections 268.03 to 268.23 and 
        only if the individuals are the subject of investigations based 
        on other information available to the Department of Employment 
        and Economic Security Development.  Data received may be used 
        only as set forth in section 268.19, clause (d) subdivision 1, 
        paragraph (b). 
           (b) Data pertaining to corporations or other employing 
        units may be disclosed to the Department of Employment and 
        Economic Security Development to the extent necessary for the 
        proper enforcement of chapter 268. 
           Sec. 37.  Minnesota Statutes 2002, section 629.341, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REPORT REQUIRED.] Whenever a peace officer 
        investigates an allegation that an incident described in 
        subdivision 1 has occurred, whether or not an arrest is made, 
        the officer shall make a written police report of the alleged 
        incident.  The report must contain at least the following 
        information:  the name, address and telephone number of the 
        victim, if provided by the victim, a statement as to whether an 
        arrest occurred, the name of the arrested person, and a brief 
        summary of the incident.  Data that identify a victim who has 
        made a request under section 13.82, subdivision 17, paragraph 
        (d), and that are private data under that subdivision, shall be 
        private in the report required by this section.  A copy of this 
        report must be provided upon request, at no cost, to the victim 
        of domestic abuse, the victim's attorney, or organizations 
        designated by the Minnesota Crime Victims Services Center, the 
        Department of Public Safety, or the commissioner of corrections 
        that are providing services to victims of domestic abuse.  The 
        officer shall submit the report to the officer's supervisor or 
        other person to whom the employer's rules or policies require 
        reports of similar allegations of criminal activity to be made. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment.  
           Sec. 38.  Laws 2002, chapter 266, section 1, is amended to 
        read: 
           Section 1.  [DOMESTIC FATALITY REVIEW TEAM PILOT PROJECT 
        EXTENSION.] 
           The fourth judicial district may extend the duration of the 
        pilot project authorized by Laws 1999, chapter 216, article 2, 
        section 27, and Laws 2000, chapter 468, sections 29 to 32, until 
        December 31, 2004 2006.  If the pilot project is extended, the 
        domestic fatality review team shall submit a report on the 
        project to the legislature by January 15, 2005 2007. 
           Sec. 39.  [REPEALER.] 
           Minnesota Statutes 2002, sections 13.319, subdivision 7; 
        and 13.475, are repealed. 
           Presented to the governor May 18, 2004 
           Signed by the governor May 29, 2004, 11:15 a.m.

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