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1997 Minnesota Session Laws

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                              CHAPTER 3-S.F.No. 7 
                  An act relating to government data practices; 
                  classifying data; making certain welfare and housing 
                  data available to law enforcement agencies; 
                  classifying data on individuals who receive homeless 
                  services; eliminating the requirement that government 
                  agencies pay a fee for commissioner's opinions; 
                  modifying school immunization and health record 
                  provisions; modifying patient consent to release of 
                  records for research; requiring notice of 
                  investigations to health board licensees; providing 
                  for juvenile justice system access to certain 
                  education data; providing for disclosure or inspection 
                  of certain tax data or return information; limiting 
                  disclosure of certain tax data under subpoena; 
                  indexing statutes that restrict data access and are 
                  located outside chapter 13; providing criminal 
                  penalties; amending Minnesota Statutes 1996, sections 
                  13.32, subdivisions 1, 3, and by adding a subdivision; 
                  13.41, subdivision 2; 13.46, subdivision 2; 13.54, by 
                  adding a subdivision; 13.99, subdivision 53b, and by 
                  adding subdivisions; 53A.081, by adding a subdivision; 
                  123.70, subdivisions 5, 7, and 10; 144.29; 144.335, 
                  subdivision 3a; 214.10, subdivision 1; 260.161, by 
                  adding a subdivision; 270.66, subdivision 3; 270B.01, 
                  subdivision 8, as amended; 270B.03, subdivisions 1, 3, 
                  and 4; 270B.08, subdivision 1; 270B.085, subdivision 
                  1; 270B.09; 270B.12, subdivision 7; 270B.14, 
                  subdivision 1, and by adding subdivisions; 270B.16; 
                  287.34; and 626.556, subdivision 11; proposing coding 
                  for new law in Minnesota Statutes, chapters 13; and 
                  270B; repealing Minnesota Statutes 1996, sections 
                  13.072, subdivision 3; and 13.71, subdivisions 18, 19, 
                  20, and 21. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 13.32, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] As used in this section: 
           (a) "Educational data" means data on individuals maintained 
        by a public educational agency or institution or by a person 
        acting for the agency or institution which relates to a student. 
           Records of instructional personnel which are in the sole 
        possession of the maker thereof and are not accessible or 
        revealed to any other individual except a substitute teacher, 
        and are destroyed at the end of the school year, shall not be 
        deemed to be government data.  
           Records of a law enforcement unit of a public educational 
        agency or institution which are maintained apart from education 
        data and are maintained solely for law enforcement purposes, and 
        are not disclosed to individuals other than law enforcement 
        officials of the jurisdiction are not educational data; 
        provided, that education records maintained by the educational 
        agency or institution are not disclosed to the personnel of the 
        law enforcement unit.  The University of Minnesota police 
        department is a law enforcement agency for purposes of section 
        13.82 and other sections of Minnesota Statutes dealing with law 
        enforcement records.  Records of organizations providing 
        security services to a public educational agency or institution 
        must be administered consistent with section 13.861. 
           Records relating to a student who is employed by a public 
        educational agency or institution which are made and maintained 
        in the normal course of business, relate exclusively to the 
        individual in that individual's capacity as an employee, and are 
        not available for use for any other purpose are classified 
        pursuant to section 13.43.  
           (b) "Juvenile justice system" includes criminal justice 
        agencies and the judiciary when involved in juvenile justice 
        activities. 
           (c) "Student" means an individual currently or formerly 
        enrolled or registered, applicants for enrollment or 
        registration at a public educational agency or institution, or 
        individuals who receive shared time educational services from a 
        public agency or institution. 
           (c) (d) "Substitute teacher" means an individual who 
        performs on a temporary basis the duties of the individual who 
        made the record, but does not include an individual who 
        permanently succeeds to the position of the maker of the record. 
           Sec. 2.  Minnesota Statutes 1996, section 13.32, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 
        Except as provided in subdivision 5, educational data is private 
        data on individuals and shall not be disclosed except as follows:
           (a) Pursuant to section 13.05; 
           (b) Pursuant to a valid court order; 
           (c) Pursuant to a statute specifically authorizing access 
        to the private data; 
           (d) To disclose information in health and safety 
        emergencies pursuant to the provisions of United States Code, 
        title 20, section 1232g(b)(1)(I) and Code of Federal 
        Regulations, title 34, section 99.36 which are in effect on July 
        1, 1993; 
           (e) Pursuant to the provisions of United States Code, title 
        20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 
        (b)(3) and Code of Federal Regulations, title 34, sections 
        99.31, 99.32, 99.33, 99.34, and 99.35 which are in effect on 
        July 1, 1993; 
           (f) To appropriate health authorities to the extent 
        necessary to administer immunization programs and for bona fide 
        epidemiologic investigations which the commissioner of health 
        determines are necessary to prevent disease or disability to 
        individuals in the public educational agency or institution in 
        which the investigation is being conducted; 
           (g) When disclosure is required for institutions that 
        participate in a program under title IV of the Higher Education 
        Act, United States Code, title 20, chapter 1092, in effect on 
        July 1, 1993; 
           (h) To the appropriate school district officials to the 
        extent necessary under subdivision 6, annually to indicate the 
        extent and content of remedial instruction, including the 
        results of assessment testing and academic performance at a 
        post-secondary institution during the previous academic year by 
        a student who graduated from a Minnesota school district within 
        two years before receiving the remedial instruction; or 
           (i) To appropriate authorities as provided in United States 
        Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern 
        the juvenile justice system and the ability of the system to 
        effectively serve, prior to adjudication, the student whose 
        records are released; provided that the authorities to whom the 
        data are released submit a written request for the data that 
        certifies that the data will not be disclosed to any other 
        person except as authorized by law without the written consent 
        of the parent of the student and the request and a record of the 
        release are maintained in the student's file; or 
           (i) (j) To volunteers who are determined to have a 
        legitimate educational interest in the data and who are 
        conducting activities and events sponsored by or endorsed by the 
        educational agency or institution for students or former 
        students. 
           Sec. 3.  Minnesota Statutes 1996, section 13.32, is amended 
        by adding a subdivision to read: 
           Subd. 8.  [ACCESS BY JUVENILE JUSTICE SYSTEM.] Upon 
        request, the following education data shall be disclosed under 
        subdivision 3, clause (i), to the juvenile justice system:  a 
        student's full name, home address, telephone number, date of 
        birth; a student's school schedule, attendance record, and 
        photographs, if any; and parents' names, home addresses, and 
        telephone numbers. 
           Sec. 4.  Minnesota Statutes 1996, section 13.41, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PRIVATE DATA; DESIGNATED ADDRESSES AND TELEPHONE 
        NUMBERS.] (a) The following data collected, created or 
        maintained by any licensing agency are classified as private, 
        pursuant to section 13.02, subdivision 12:  data, other than 
        their names and designated addresses, submitted by applicants 
        for licenses; the identity of complainants who have made reports 
        concerning licensees or applicants which appear in inactive 
        complaint data unless the complainant consents to the 
        disclosure; the nature or content of unsubstantiated complaints 
        when the information is not maintained in anticipation of legal 
        action; the identity of patients whose medical records are 
        received by any health licensing agency for purposes of review 
        or in anticipation of a contested matter; inactive investigative 
        data relating to violations of statutes or rules; and the record 
        of any disciplinary proceeding except as limited by subdivision 
        4. 
           (b) An applicant for a license shall designate on the 
        application a residence or business address and telephone number 
        at which the applicant can be contacted in connection with the 
        license application.  A licensee who is subject to a 
        health-related licensing board, as defined in section 214.01, 
        subdivision 2, shall designate a residence or business address 
        and telephone number at which the licensee can be contacted in 
        connection with the license. 
           Sec. 5.  Minnesota Statutes 1996, 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, 
        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 the dependent care 
        credit under section 290.067, the Minnesota working family 
        credit under section 290.0671, the property tax refund 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; 
           (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 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 
        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 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 notify the agency that: 
           (i) the recipient is: 
           (A) is a fugitive felon, including the grounds for this 
        determination; 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, 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); 
           (18) the address, social security number, and, if 
        available, photograph of any member of a household receiving 
        food stamps 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) data on a child support obligor who is in arrears may 
        be disclosed for purposes of publishing the data pursuant to 
        section 518.575; 
           (19) (20) data on child support payments made by a child 
        support obligor may be disclosed to the obligee; 
           (20) (21) data in the work reporting system may be 
        disclosed under section 256.998, subdivision 7; 
           (21) (22) to the department of children, families, and 
        learning for the purpose of matching department of children, 
        families, and learning student data with public assistance data 
        to determine students eligible for free and reduced price meals, 
        meal supplements, and free milk pursuant to United States Code, 
        title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
        produce accurate numbers of students receiving aid to families 
        with dependent children as required by section 124.175; and to 
        allocate federal and state funds that are distributed based on 
        income of the student's family; or 
           (22) (23) 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. 
           (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 (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). 
           Sec. 6.  Minnesota Statutes 1996, section 13.54, is amended 
        by adding a subdivision to read: 
           Subd. 6.  [LAW ENFORCEMENT ACCESS TO CERTAIN DATA.] A 
        public housing agency that enters a contract for assistance 
        under United States Code, title 42, sections 1437 to 1440, shall 
        furnish a local, state, or federal law enforcement officer, upon 
        the officer's request, with the current address, social security 
        number, and photograph, if available, of a recipient of 
        assistance under United States Code, title 42, sections 1437 to 
        1440, if the officer: 
           (1) provides the name of the recipient to the housing 
        agency; and 
           (2) notifies the agency that: 
           (i) the recipient: 
           (A) is fleeing to avoid prosecution, or custody or 
        confinement after conviction, under the laws of the jurisdiction 
        from which the individual is fleeing, for a crime which is a 
        felony under the laws of that jurisdiction; 
           (B) is violating a condition of probation or parole imposed 
        under state or federal law; or 
           (C) has information necessary for the officer to conduct 
        the officer's official duties; 
           (ii) the location or apprehension of the individual 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 duties. 
           Sec. 7.  [13.541] [EMERGENCY SERVICES FOR HOMELESS PERSONS; 
        PRIVATE DATA.] 
           (a) "Grant recipient" includes a local government unit or 
        nonprofit organization that receives grants from a state agency 
        to provide emergency services for homeless persons. 
           (b) Data on individuals maintained by a grant recipient 
        from which the identity of any individual receiving emergency 
        services may be determined are private data on individuals and 
        the grant recipient shall maintain the data in accordance with 
        this chapter. 
           Sec. 8.  Minnesota Statutes 1996, section 13.99, is amended 
        by adding a subdivision to read: 
           Subd. 6e.  [AGRICULTURAL COMMODITIES PROMOTION 
        COUNCIL.] Financial information on producers of agricultural 
        commodities that is provided to the agricultural commodities 
        promotion council is governed by section 17.62. 
           Sec. 9.  Minnesota Statutes 1996, section 13.99, is amended 
        by adding a subdivision to read: 
           Subd. 13a.  [LICENSED CURRENCY EXCHANGES.] Financial 
        information in annual reports submitted to the commissioner of 
        commerce by currency exchanges is classified in section 53A.081, 
        subdivision 4. 
           Sec. 10.  Minnesota Statutes 1996, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 14b.  [MATERIAL TRANSACTION REPORTS.] Reports 
        required to be filed by insurers regarding certain material 
        transactions are classified under section 60A.135, subdivision 4.
           Sec. 11.  Minnesota Statutes 1996, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 14c.  [RISK-BASED CAPITAL DATA.] Risk-based capital 
        reports and related reports, data, and orders maintained by the 
        commissioner of commerce are classified under section 60A.67. 
           Sec. 12.  Minnesota Statutes 1996, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 15a.  [VIATICAL SETTLEMENTS DATA.] Viatical 
        settlements data provided to the commissioner of commerce are 
        classified under section 60A.968, subdivision 2. 
           Sec. 13.  Minnesota Statutes 1996, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 19k.  [PREFERRED PROVIDER AGREEMENTS.] The terms and 
        conditions of certain preferred provider agreements are 
        classified in section 62E.13, subdivision 11. 
           Sec. 14.  Minnesota Statutes 1996, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 19l.  [MINNESOTA RISK ADJUSTMENT ASSOCIATION.] Data 
        privacy issues concerning the Minnesota risk adjustment 
        association are governed by section 62Q.03, subdivision 9. 
           Sec. 15.  Minnesota Statutes 1996, section 13.99, 
        subdivision 53b, is amended to read: 
           Subd. 53b.  [VETERINARY RECORDS.] Veterinary records on 
        clients when a veterinarian is under investigation are 
        classified under section 156.082.  Records on the veterinarian 
        are classified under section 156.125. 
           Sec. 16.  Minnesota Statutes 1996, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 59b.  [IDENTITY OF EMPLOYEES MAKING COMPLAINTS.] The 
        disclosure of the identity of employees making certain 
        complaints is governed by section 181.932, subdivision 2. 
           Sec. 17.  Minnesota Statutes 1996, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 63a.  [REGISTERED VOTER LISTS.] Access to registered 
        voter lists is governed by section 201.091. 
           Sec. 18.  Minnesota Statutes 1996, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 95a.  [MEDICAL EXAMINER INVESTIGATIONS.] Certain data 
        on deceased persons collected or created by the Hennepin county 
        medical examiner are classified under section 383B.225. 
           Sec. 19.  Minnesota Statutes 1996, section 53A.081, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [CLASSIFICATION OF DATA.] Financial information 
        on individuals and businesses that is submitted to the 
        commissioner in the annual report under subdivision 1 are 
        private data on individuals or nonpublic data. 
           Sec. 20.  Minnesota Statutes 1996, section 123.70, 
        subdivision 5, is amended to read: 
           Subd. 5.  If a person transfers from one elementary or 
        secondary school to another, the person shall be allowed school 
        board of a public school district or the administrator of a 
        nonpublic school may allow the person up to a maximum of 30 days 
        to submit one or more of the statements as specified in 
        subdivision 1 or 3, during which time the person may enroll in 
        and attend the school.  If a person enrolls in a child care 
        facility in which at least 75 percent of children in the 
        facility participate on a one-time only or occasional basis to a 
        maximum of 45 hours per child, per month, or is placed in a 
        facility by a crisis nursery, the person shall be exempt from 
        all requirements of this section for up to five consecutive 
        days, starting from the first day of attendance. 
           Sec. 21.  Minnesota Statutes 1996, section 123.70, 
        subdivision 7, is amended to read: 
           Subd. 7.  Each school or child care facility shall maintain 
        on file immunization records for all persons in attendance that 
        contain the information required by subdivisions 1, 2, and 3.  
        The school shall maintain the records for at least five years 
        after the person attains the age of majority.  The department of 
        health and the board of health, as defined in section 145A.02, 
        subdivision 2, in whose jurisdiction the school or child care 
        facility is located, shall have access to the files maintained 
        pursuant to this subdivision.  When a person transfers to 
        another elementary or secondary school or child care facility, 
        the administrator or other person having general control and 
        supervision of the school or child care facility shall assist 
        the person's parent or guardian in the transfer of the 
        immunization file to the person's new school or child care 
        facility within 30 days of the transfer.  Upon the request of a 
        public or private post-secondary educational institution, as 
        defined in section 135A.14, the administrator or other person 
        having general control or supervision of a school shall assist 
        in the transfer of a student's immunization file to the 
        post-secondary institution. 
           Sec. 22.  Minnesota Statutes 1996, section 123.70, 
        subdivision 10, is amended to read: 
           Subd. 10.  A statement required to be submitted under 
        subdivisions 1, 2, and 4 to document evidence of immunization 
        shall include month, day, and year for immunizations 
        administered after January 1, 1990.  
           (a) For persons enrolled in grades 7 and 12 during the 
        1996-1997 school term, the statement must indicate that the 
        person has received a dose of tetanus and diphtheria toxoid no 
        earlier than 11 years of age. 
           (b) Except as specified in paragraph (e), for persons 
        enrolled in grades 7, 8, and 12 during the 1997-1998 school 
        term, the statement must indicate that the person has received a 
        dose of tetanus and diphtheria toxoid no earlier than 11 years 
        of age.  
           (c) Except as specified in paragraph (e), for persons 
        enrolled in grades 7, 8, 9, and through 12 during the 1998-1999 
        school term and for each year thereafter, the statement must 
        indicate that the person has received a dose of tetanus and 
        diphtheria toxoid no earlier than 11 years of age.  
           (d) for persons enrolled in grades 7, 8, 9, 10, and 12 
        during the 1999-2000 school term, the statement must indicate 
        that the person has received a dose of tetanus and diphtheria 
        toxoid no earlier than 11 years of age.  
           (e) for persons enrolled in grades 7 through 12 during the 
        2000-2001 school term and for each year thereafter, the 
        statement must indicate that the person has received a dose of 
        tetanus and diphtheria toxoid no earlier than 11 years of age. 
           (f) (d) For persons enrolled in grades 7 through 12 during 
        the 1996-1997 school year and for each year thereafter, the 
        statement must indicate that the person has received at least 
        two doses of vaccine against measles, mumps, and rubella, given 
        alone or separately and given not less than one month apart. 
           (e) A person who has received at least three doses of 
        tetanus and diphtheria toxoids, with the most recent dose given 
        after age six and before age 11, is not required to have 
        additional immunization against diphtheria and tetanus until ten 
        years have elapsed from the person's most recent dose of tetanus 
        and diphtheria toxoid. 
           Sec. 23.  Minnesota Statutes 1996, section 144.29, is 
        amended to read: 
           144.29 [HEALTH RECORDS; CHILDREN OF SCHOOL AGE.] 
           It shall be the duty of every school nurse, school 
        physician, school attendance officer, superintendent of schools, 
        principal, teacher, and of the persons charged with the duty of 
        compiling and keeping the school census records, to cause a 
        permanent public health record to be kept for each child of 
        school age.  Such record shall be kept in such form that it may 
        be transferred with the child to any school which the child 
        shall attend within the state and transferred to the 
        commissioner when the child ceases to attend school.  It shall 
        contain a record of such health matters as shall be prescribed 
        by the commissioner, and of all mental and physical defects and 
        handicaps which might permanently cripple or handicap the 
        child student health data as defined in section 13.32, 
        subdivision 2, paragraph (a), and shall be classified as private 
        data as defined in section 13.32, subdivision 3.  Nothing in 
        sections 144.29 to 144.32 shall be construed to require any 
        child whose parent or guardian objects in writing thereto to 
        undergo a physical or medical examination or treatment.  A copy 
        shall be forwarded to the proper department of any state to 
        which the child shall remove.  Each district shall assign a 
        teacher, school nurse, or other professional person to review, 
        at the beginning of each school year, the health record of all 
        pupils under the assignee's direction.  Growth, results of 
        vision and hearing screening, and findings obtained from health 
        assessments must be entered periodically on the pupil's health 
        record. 
           Sec. 24.  Minnesota Statutes 1996, 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 a 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; and 
           (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) 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. 
           Sec. 25.  Minnesota Statutes 1996, section 214.10, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [RECEIPT OF COMPLAINT; NOTICE.] The 
        executive director or executive secretary of a board, a board 
        member or any other person who performs services for the board 
        who receives a complaint or other communication, whether oral or 
        written, which complaint or communication alleges or implies a 
        violation of a statute or rule which the board is empowered to 
        enforce, shall promptly forward the substance of the 
        communication on a form prepared by the attorney general to the 
        designee of the attorney general responsible for providing legal 
        services to the board.  Before proceeding further with the 
        communication, the designee of the attorney general may require 
        the complaining party to state the complaint in writing on a 
        form prepared by the attorney general.  Complaints which relate 
        to matters within the jurisdiction of another governmental 
        agency shall be forwarded to that agency by the executive 
        director or executive secretary.  An officer of that agency 
        shall advise the executive director or executive secretary of 
        the disposition of that complaint.  A complaint received by 
        another agency which relates to a statute or rule which a 
        licensing board is empowered to enforce shall be forwarded to 
        the executive director or executive secretary of the board to be 
        processed in accordance with this section.  No complaint 
        alleging a matter within the jurisdiction of the board shall be 
        dismissed by a board unless at least two board members have 
        reviewed the matter.  If a board makes a determination to 
        investigate a complaint, it shall notify a licensee who is the 
        subject of an investigation that an investigation has been 
        initiated at a time when such notice will not compromise the 
        investigation.  
           Sec. 26.  Minnesota Statutes 1996, section 260.161, is 
        amended by adding a subdivision to read: 
           Subd. 3b.  [COUNTY ATTORNEY REFERRAL OF CHILD IN NEED OF 
        PROTECTION OR SERVICES.] In a county in which the county 
        attorney refers children who are in need of protection or 
        services to community programs, the county attorney may provide 
        a community program with data on a child who is a participant or 
        being considered for participation in the program. 
           Sec. 27.  [TAXPAYER'S PERSONAL INFORMATION; DISCLOSURE.] 
           (a) An owner of property in Washington or Ramsey county 
        that is subject to property taxation must be informed in a clear 
        and conspicuous manner in writing on a form sent to property 
        taxpayers that the property owner's name, address, and other 
        information may be used, rented, or sold for business purposes, 
        including surveys, marketing, and solicitation. 
           (b) If the property owner so requests on the form provided, 
        then any such list generated by the county and sold for business 
        purposes must exclude the owner's name and address if the 
        business purpose is conducting surveys, marketing, or 
        solicitation. 
           (c) This section expires August 1, 1999. 
           Sec. 28.  [LOCAL APPROVAL REQUIRED.] 
           Section 27 is effective in Washington or Ramsey county the 
        day after the chief clerical officer of the affected county 
        complies with Minnesota Statutes, section 645.021, subdivision 3.
           Sec. 29.  Minnesota Statutes 1996, section 270.66, 
        subdivision 3, is amended to read: 
           Subd. 3.  [AGENCIES SHALL MAINTAIN RECORDS.] 
        Notwithstanding any provision to the contrary, every person, 
        organization, or corporation doing business (hereafter called 
        vendor) with the state of Minnesota or any of its departments, 
        agencies, or educational institutions including the University 
        of Minnesota (all hereafter called agency) shall provide that 
        agency with either their social security number, federal 
        taxpayer identification number, or Minnesota tax identification 
        number.  The commissioner may verify to the agency the 
        identifying information provided by a vendor.  The agency shall 
        maintain records of this information, and shall make these 
        records available, on request, to the commissioner for the sole 
        purpose of identifying people who have not filed state tax 
        returns or who have not paid uncontested state tax liabilities 
        (hereafter called delinquent taxpayer).  When an agency is 
        notified by the commissioner that a vendor is a delinquent 
        taxpayer, payments shall not be made by the agency to the vendor 
        until the commissioner notifies the agency that the vendor no 
        longer is a delinquent taxpayer.  Furthermore, if the vendor has 
        an uncontested delinquent tax liability, the setoff provided in 
        subdivision 1 may be implemented.  The commissioner shall 
        determine that a vendor no longer is a delinquent taxpayer when 
        the vendor has filed all delinquent state tax returns, paid all 
        uncontested state tax liabilities or entered into an agreement 
        with the commissioner which provides for the payment of these 
        liabilities.  
           Sec. 30.  Minnesota Statutes 1996, section 270B.01, 
        subdivision 8, as amended by Laws 1997, chapter 231, article 13, 
        section 1, is amended to read: 
           Subd. 8.  [MINNESOTA TAX LAWS.] For purposes of this 
        chapter only, "Minnesota tax laws" means 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, 297A, and 297F and 
        sections 295.50 to 295.59, 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. 
           Sec. 31.  Minnesota Statutes 1996, 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 as shown on the 
        federal estate tax 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 as 
        shown in the trust instrument; 
           (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; 
           (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. 32.  Minnesota Statutes 1996, section 270B.03, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DECEASED INDIVIDUALS.] Notwithstanding section 
        13.10, a return filed by or on behalf of a decedent is open to 
        inspection by or disclosure to: 
           (1) the personal representative of the decedent's estate or 
        trustee appointed under section 573.02, subdivision 3, or a 
        similar law of another state; and 
           (2) any heir at law, next of kin, or beneficiary under the 
        will of the decedent, or a donee of property, but only if the 
        commissioner finds that the heir at law, next of kin, 
        beneficiary, or donee has a material interest that will be 
        affected by information contained in the return a claimant under 
        section 290A.18, subdivision 1.  
           Sec. 33.  Minnesota Statutes 1996, section 270B.03, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TITLE 11 OF THE UNITED STATES CODE AND 
        RECEIVERSHIP PROCEEDINGS.] (a) If the commissioner finds that 
        the trustee or receiver, in that person's fiduciary capacity, 
        has a material interest that will be affected by information 
        contained in the return, A return is open to inspection by or 
        disclosure to the trustee or receiver if: 
           (1) there is a trustee in a title 11 (United States 
        Bankruptcy Code) case in which the debtor is the person with 
        respect to whom the return is filed; or 
           (2) substantially all of the property of the person with 
        respect to whom the return is filed is in the hands of a 
        receiver. 
           (b) In an involuntary bankruptcy case of an individual, no 
        disclosure may be made under paragraph (a) until the order for 
        relief has been entered by the court having jurisdiction of the 
        case, unless the court finds that disclosure is appropriate for 
        purposes of determining whether an order for relief should be 
        entered. 
           Sec. 34.  Minnesota Statutes 1996, section 270B.08, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PERMIT INFORMATION.] The commissioner may 
        disclose to any person making an inquiry regarding the issuance 
        of a sales tax permit to a specific retailer whether a permit 
        has been issued to the retailer, the name and address of the 
        permit holder, the business name and location, the sales and use 
        tax account number, and the date of issuance of the permit, and 
        whether the permit has been canceled under section 297A.065. 
           Sec. 35.  [270B.081] [SALES TAX EXEMPTION CERTIFICATES.] 
           The commissioner may disclose to any person making inquiry 
        regarding the issuance of direct pay permits or certificates of 
        exemption issued by the commissioner to a taxpayer whether the 
        permit or certificate has been issued to the taxpayer, the 
        business name and location, the permit or certificate number, 
        the date of issuance of the permit or certificate, and whether 
        the certificate is currently valid. 
           Sec. 36.  Minnesota Statutes 1996, section 270B.085, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SEIZURE INFORMATION.] Following the 
        execution of a writ of entry under section 16D.08, subdivision 
        2, or 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. 
           Sec. 37.  Minnesota Statutes 1996, section 270B.09, is 
        amended to read: 
           270B.09 [CONTRACTS WITH THE STATE OR POLITICAL SUBDIVISION; 
        SETOFF.] 
           The commissioner may disclose to the department of finance 
        or any state agency or political or governmental subdivision of 
        the state making payment to a vendor as described in section 
        270.66 or a contractor or subcontractor as described in section 
        290.97 whether the vendor, contractor, or subcontractor has an 
        uncontested delinquent tax liability owed to the commissioner 
        and the amount of any liability.  The commissioner may also 
        disclose taxpayer identity information to the department of 
        finance, to the department of human services, to an agency 
        requesting verification under section 270.66, subdivision 3, and 
        to the University of Minnesota, solely for vendor setoff 
        purposes. 
           Sec. 38.  Minnesota Statutes 1996, section 270B.12, 
        subdivision 7, is amended to read: 
           Subd. 7.  [LOTTERY DIVISION.] (a) The commissioner of 
        revenue may disclose to the lottery the amount of delinquent 
        state taxes, or debt as defined in section 270A.03, subdivision 
        5, of a winner of a lottery prize of $1,000 $600 or more, to the 
        extent necessary to administer section 349A.08, subdivision 8. 
           (b) The commissioner of revenue may disclose to the lottery 
        division that a retailer owes $500 or more in delinquent taxes 
        as defined in section 270.72, to the extent necessary to 
        administer section 349A.06, subdivision 2.  
           Sec. 39.  Minnesota Statutes 1996, section 270B.14, 
        subdivision 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. 
           (h) The commissioner may disclose information to the 
        commissioner of human services necessary to verify income for 
        eligibility and premium payment under the MinnesotaCare program, 
        under section 256.9355, subdivision 2. 
           Sec. 40.  Minnesota Statutes 1996, section 270B.14, is 
        amended by adding a subdivision to read: 
           Subd. 15.  [DISCLOSURE TO COMMISSIONER OF THE POLLUTION 
        CONTROL AGENCY.] For purposes of administering and enforcing the 
        dry cleaning and environmental response and reimbursement law of 
        sections 115B.47 to 115B.51, the commissioner may disclose to 
        the commissioner of the pollution control agency the names and 
        addresses of the facilities, owners, and operators collected by 
        the commissioner under section 115B.49, subdivision 4. 
           Sec. 41.  Minnesota Statutes 1996, section 270B.14, is 
        amended by adding a subdivision to read: 
           Subd. 16.  [DISCLOSURE TO LAW ENFORCEMENT 
        AUTHORITIES.] Under circumstances involving threat of death or 
        physical injury to any individual, the commissioner may disclose 
        return information to the extent necessary to apprise 
        appropriate federal, state, or local law enforcement authorities 
        of such circumstances.  Data disclosed under this subdivision 
        are classified under section 13.82 once they are received by the 
        law enforcement authority. 
           Sec. 42.  Minnesota Statutes 1996, section 270B.16, is 
        amended to read: 
           270B.16 [DISCOVERY OF REVENUE DATA.] 
           Notwithstanding any law to the contrary, data collected by 
        the department of revenue are not subject to discovery or 
        subpoena in a legal action, other than an action or proceeding 
        in connection with tax administration, unless disclosure of the 
        data is authorized under this chapter.  
           Sec. 43.  Minnesota Statutes 1996, section 287.34, is 
        amended to read: 
           287.34 [VIOLATIONS.] 
           Any person who in any manner knowingly intentionally 
        attempts to evade the a tax imposed by sections 287.21 to 287.33 
        this chapter, or who knowingly intentionally aids or abets in 
        the evasion or attempted evasion of the such tax or who 
        knowingly violates the provisions of sections 287.21 to 287.33 
        shall be guilty of a gross misdemeanor.  
           Sec. 44.  Minnesota Statutes 1996, section 626.556, 
        subdivision 11, is amended to read: 
           Subd. 11.  [RECORDS.] (a) Except as provided in paragraph 
        (b) and subdivisions 10b, 10d, 10g, and 11b, all records 
        concerning individuals maintained by a local welfare agency 
        under this section, including any written reports filed under 
        subdivision 7, shall be private data on individuals, except 
        insofar as copies of reports are required by subdivision 7 to be 
        sent to the local police department or the county sheriff.  
        Reports maintained by any police department or the county 
        sheriff shall be private data on individuals except the reports 
        shall be made available to the investigating, petitioning, or 
        prosecuting authority, including county medical examiners or 
        county coroners.  Section 13.82, subdivisions 5, 5a, and 5b, 
        apply to law enforcement data other than the reports.  The local 
        social services agency shall make available to the 
        investigating, petitioning, or prosecuting authority, including 
        county medical examiners or county coroners or their 
        professional delegates, any records which contain information 
        relating to a specific incident of neglect or abuse which is 
        under investigation, petition, or prosecution and information 
        relating to any prior incidents of neglect or abuse involving 
        any of the same persons.  The records shall be collected and 
        maintained in accordance with the provisions of chapter 13.  In 
        conducting investigations and assessments pursuant to this 
        section, the notice required by section 13.04, subdivision 2, 
        need not be provided to a minor under the age of ten who is the 
        alleged victim of abuse or neglect.  An individual subject of a 
        record shall have access to the record in accordance with those 
        sections, except that the name of the reporter shall be 
        confidential while the report is under assessment or 
        investigation except as otherwise permitted by this 
        subdivision.  Any person conducting an investigation or 
        assessment under this section who intentionally discloses the 
        identity of a reporter prior to the completion of the 
        investigation or assessment is guilty of a misdemeanor.  After 
        the assessment or investigation is completed, the name of the 
        reporter shall be confidential.  The subject of the report may 
        compel disclosure of the name of the reporter only with the 
        consent of the reporter or upon a written finding by the court 
        that the report was false and that there is evidence that the 
        report was made in bad faith.  This subdivision does not alter 
        disclosure responsibilities or obligations under the rules of 
        criminal procedure. 
           (b) Upon request of the legislative auditor, data on 
        individuals maintained under this section must be released to 
        the legislative auditor in order for the auditor to fulfill the 
        auditor's duties under section 3.971.  The auditor shall 
        maintain the data in accordance with chapter 13. 
           Sec. 45.  [PUBLIC DEFENDER ACCESS TO CRIMINAL HISTORY 
        DATA.] 
           The criminal and juvenile justice information policy group 
        shall facilitate remote electronic access to public criminal 
        history data by public defenders. 
           Sec. 46.  [ACCESS TO PUBLIC CONVICTION DATA.] 
           The bureau of criminal apprehension, in conjunction with 
        the criminal and juvenile justice information policy group, 
        shall report to the chairs of the committees on judiciary in the 
        house of representatives and the senate and the chair of the 
        committee on crime prevention in the senate by January 15, 1998, 
        a plan for making public conviction data available at locations 
        beyond the central office of the bureau of criminal apprehension.
           Sec. 47.  [REPEALER.] 
           Minnesota Statutes 1996, sections 13.072, subdivision 3; 
        and 13.71, subdivisions 18, 19, 20, and 21, are repealed. 
           Sec. 48.  [EFFECTIVE DATE.] 
           Section 24 is effective retroactive to January 1, 1997.  
        Sections 29 to 42 are effective the day following final 
        enactment.  Section 43 is effective for deeds executed and 
        delivered, and mortgages submitted for recording, on or after 
        August 1, 1997. 
           Presented to the governor June 27, 1997 
           Signed by the governor June 30, 1997, 9:45 a.m.

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