MN Legislature

Accessibility menu

Session laws use visual text formatting such as stricken text to denote deleted language, and underlined text to denote new language. For users of the jaws screenreader it is recommended to configure jaws to use the proofreading scheme which will alter the pitch of the reading voice when reading stricken and underlined text. Instructions for configuring your jaws reader are provided by following this link.
If you can not or do not wish to configure your screen reader, deleted language will begin with the phrase "deleted text begin" and be followed by the phrase "deleted text end", new language will begin with the phrase "new text begin" and be followed by "new text end". Skip to text of Chapter 319.

Menu

Revisor of Statutes Menu

Authenticate

Pdf

1991 Minnesota Session Laws

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

  

                         Laws of Minnesota 1991 

                        CHAPTER 319-H.F.No. 693 
           An act relating to data practices; providing for 
          classifications of government data; amending Minnesota 
          Statutes 1990, sections 13.01, by adding a 
          subdivision; 13.03, by adding a subdivision; 13.40; 
          13.43, subdivisions 1, 2, and 3; 13.55; 13.82, 
          subdivisions 4 and 10; 13.83, subdivisions 4, 8, and 
          by adding a subdivision; 13.84, by adding a 
          subdivision; 144.335, by adding a subdivision; 169.09, 
          subdivision 13; 260.161, subdivision 3; 383B.225, 
          subdivision 6; 390.11, subdivision 7; 390.32, 
          subdivision 6; 403.07, subdivision 4; 471.705, 
          subdivision 1; 595.024, subdivision 3; 626.556, 
          subdivision 11c, and by adding a subdivision; 638.02, 
          subdivision 3; 638.04; 638.05; and 638.06; proposing 
          coding for new law in Minnesota Statutes, chapter 13. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1990, section 13.01, is 
amended by adding a subdivision to read: 
    Subd. 3.  [SCOPE.] This chapter regulates the collection, 
creation, storage, maintenance, dissemination, and access to 
government data in state agencies, statewide systems, and 
political subdivisions.  It establishes a presumption that 
government data are public and are accessible by the public for 
both inspection and copying unless there is federal law, a state 
statute, or a temporary classification of data that provides 
that certain data are not public. 
    Sec. 2.  Minnesota Statutes 1990, section 13.03, is amended 
by adding a subdivision to read: 
    Subd. 9.  [EFFECT OF CHANGES IN CLASSIFICATION OF 
DATA.] Unless otherwise expressly provided by a particular 
statute, the classification of data is determined by the law 
applicable to the data at the time a request for access to the 
data is made, regardless of the data's classification at the 
time it was collected, created, or received. 
    Sec. 3.  Minnesota Statutes 1990, section 13.40, is amended 
to read: 
    13.40 [LIBRARY AND HISTORICAL DATA.] 
    Subdivision 1.  [RECORDS SUBJECT TO THIS CHAPTER.] (a) For 
purposes of this section, "historical records repository" means 
an archives or manuscript repository operated by any state 
agency, statewide system, or political subdivision whose purpose 
is to collect and maintain data to further the history of a 
geographic or subject area.  The term does not include the state 
archives as defined in section 138.17, subdivision 1, clause (5).
    All records (b) Data collected, maintained, used, or 
disseminated by a library or historical records repository 
operated by any state agency, political subdivision, or 
statewide system shall be administered in accordance with the 
provisions of this chapter. 
    Subd. 2.  [PRIVATE DATA; RECORDS OF BORROWING.] That 
portion of records data maintained by a library which links a 
library patron's name with materials requested or borrowed by 
the patron or which links a patron's name with a specific 
subject about which the patron has requested information or 
materials is classified as private, pursuant to under section 
13.02, subdivision 12, and shall not be disclosed except 
pursuant to a valid court order. 
    Subd. 3.  [NONGOVERNMENTAL DATA.] Data held in the custody 
of a historical records repository that were not originally 
created, received, maintained, or disseminated by a state 
agency, statewide system, or political subdivision are not 
government data.  These data are accessible to the public unless:
    (1) the data are contributed by private persons under an 
agreement that restricts access, to the extent of any lawful 
limitation; or 
    (2) access would significantly endanger the physical or 
organizational integrity of the data. 
    Sec. 4.  Minnesota Statutes 1990, section 13.43, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITION.] As used in this section, 
"personnel data" means data on individuals collected because the 
individual is or was an employee of or an applicant for 
employment by, performs services on a voluntary basis for, or 
acts as an independent contractor with a state agency, statewide 
system or political subdivision or is a member of or an 
applicant for an advisory board or commission. 
    Sec. 5.  Minnesota Statutes 1990, section 13.43, 
subdivision 2, is amended to read: 
    Subd. 2.  [PUBLIC DATA.] (a) Except for employees described 
in subdivision 5, the following personnel data on current and 
former employees, volunteers, and independent contractors of a 
state agency, statewide system, or political subdivision and 
members of advisory boards or commissions is public:  name; 
actual gross salary; salary range; contract fees; actual gross 
pension; the value and nature of employer paid fringe benefits; 
the basis for and the amount of any added remuneration, 
including expense reimbursement, in addition to salary; job 
title; job description; education and training background; 
previous work experience; date of first and last employment; the 
existence and status of any complaints or charges against the 
employee, whether or not the complaint or charge resulted in a 
disciplinary action; 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; the terms of any agreement settling administrative 
or judicial proceedings; work location; a work telephone number; 
badge number; honors and awards received; 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.  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.  
    Sec. 6.  Minnesota Statutes 1990, section 13.43, 
subdivision 3, is amended to read: 
    Subd. 3.  [PUBLIC EMPLOYMENT.] Except for applicants 
described in subdivision 5, the following personnel data on 
current and former applicants for employment by a state agency, 
statewide system or political subdivision or appointment to an 
advisory board or commission is public:  veteran status; 
relevant test scores; rank on eligible list; job history; 
education and training; and work availability.  Names of 
applicants shall be private data except when certified as 
eligible for appointment to a vacancy or when applicants are 
considered by the appointing authority to be finalists for a 
position in public employment.  For purposes of this 
subdivision, "finalist" means an individual who is selected to 
be interviewed by the appointing authority prior to 
selection.  Names and home addresses of applicants for 
appointment to and members of an advisory board or commission 
are public. 
    Sec. 7.  [13.48] [AWARD DATA.] 
    Financial data on business entities submitted to a state 
agency, statewide system, or political subdivision for the 
purpose of presenting awards to business entities for 
achievements in business development or performance are private 
data on individuals or nonpublic data. 
    Sec. 8.  Minnesota Statutes 1990, section 13.55, is amended 
to read: 
    13.55 [ST. PAUL CIVIC CONVENTION CENTER AUTHORITY DATA.] 
    Subdivision 1.  [NONPUBLIC NOT PUBLIC CLASSIFICATION.] The 
following data received, created or maintained by the St. Paul 
civic center authority or for publicly owned and operated 
convention facilities, civic center authorities, or the 
metropolitan sports facilities commission are classified as 
nonpublic data pursuant to section 13.02, subdivision 9:; or 
private data on individuals pursuant to section 13.02, 
subdivision 12.  
    (a) A letter or other documentation from any person who 
makes inquiry to or who is contacted by the authority as to 
facility regarding the availability of authority facilities the 
facility for staging events; 
    (b) Identity of firms and corporations which contact the 
authority facility; 
    (c) Type of event which they wish to stage in authority 
facilities the facility; 
    (d) Suggested terms of rentals; and 
    (e) Responses of authority staff to these inquiries. 
    Subd. 2.  [PUBLIC DATA.] The data made nonpublic not public 
by the provisions of subdivision 1 shall become public upon the 
occurrence of any of the following:  
    (a) A Five years elapse from the date on which the lease or 
contract is entered into between the authority facility and the 
inquiring party or parties or the event which was the subject of 
inquiry occurs at the facility, whichever occurs earlier; 
    (b) The event which was the subject of inquiry does not 
occur; or 
    (c) The event which was the subject of inquiry occurs 
elsewhere. 
     Subd. 3.  [EXHIBITOR DATA.] The names, addresses, and 
contact persons for individual exhibitors at an exhibition may 
be withheld at the discretion of the facility to protect the 
competitive position of the facility or its customers. 
    Sec. 9.  Minnesota Statutes 1990, section 13.82, 
subdivision 4, is amended to read: 
    Subd. 4.  [RESPONSE OR INCIDENT DATA.] The following data 
created or collected by law enforcement agencies which documents 
the agency's response to a request for service including, but 
not limited to, responses to traffic accidents, or which 
describes actions taken by the agency on its own initiative 
shall be public government data:  
    (a) Date, time and place of the action; 
    (b) Agencies, units of agencies and individual agency 
personnel participating in the action unless the identities of 
agency personnel qualify for protection under subdivision 10; 
    (c) Any resistance encountered by the agency; 
    (d) Any pursuit engaged in by the agency; 
    (e) Whether any weapons were used by the agency or other 
individuals; 
    (f) A brief factual reconstruction of events associated 
with the action; 
    (g) Names and addresses of witnesses to the agency action 
or the incident unless the identity of any witness qualifies for 
protection under subdivision 10; 
    (h) Names and addresses of any victims or casualties unless 
the identities of those individuals qualify for protection under 
subdivision 10; 
    (i) The name and location of the health care facility to 
which victims or casualties were taken; and 
    (j) Response or incident report number; and 
    (k) Dates of birth of the parties involved in a traffic 
accident.  
    Sec. 10.  Minnesota Statutes 1990, section 13.82, 
subdivision 10, is amended to read: 
    Subd. 10.  [PROTECTION OF IDENTITIES.] A law enforcement 
agency or a law enforcement dispatching agency working under 
direction of a law enforcement agency may withhold public access 
to data on individuals to protect the identity of individuals in 
the following circumstances: 
    (a) When access to the data would reveal the identity of an 
undercover law enforcement officer; 
    (b) When access to the data would reveal the identity of a 
victim of criminal sexual conduct or of a violation of section 
617.246, subdivision 2; 
    (c) When access to the data would reveal the identity of a 
paid or unpaid informant being used by the agency if the agency 
reasonably determines that revealing the identity of the 
informant would threaten the personal safety of the informant; 
    (d) When access to the data would reveal the identity of a 
victim of or witness to a crime if the victim or witness 
specifically requests not to be identified publicly, and the 
agency reasonably determines that revealing the identity of the 
victim or witness would threaten the personal safety or property 
of the individual; or 
    (e) When access to the data would reveal the identity of a 
deceased person whose body was unlawfully removed from a 
cemetery in which it was interred; or 
    (f) When access to the data would reveal the identity of a 
person who placed a call to a 911 system or the identity or 
telephone number of a service subscriber whose phone is used to 
place a call to the 911 system and:  (1) the agency determines 
that revealing the identity may threaten the personal safety or 
property of any person; or (2) the object of the call is to 
receive help in a mental health emergency.  For the purposes of 
this paragraph, a voice recording of a call placed to the 911 
system is deemed to reveal the identity of the caller. 
    Sec. 11.  Minnesota Statutes 1990, section 13.83, 
subdivision 4, is amended to read: 
    Subd. 4.  [INVESTIGATIVE DATA.] Data created or collected 
by a county coroner or medical examiner which is part of an 
active investigation mandated by chapter 390, or any other 
general or local law relating to coroners or medical examiners 
is confidential data or protected nonpublic data, until the 
completion of the coroner's or medical examiner's final summary 
of findings at which point the data collected in the 
investigation and the final summary thereof shall become private 
or nonpublic data, except that unless the final summary and the 
death certificate indicate the manner of death is homicide, 
undetermined, or pending investigation and there is an active 
law enforcement investigation, within the meaning of section 
13.82, subdivision 5, relating to the death of the deceased 
individual.  If there is an active law enforcement investigation 
of a possible homicide, the data remain confidential or 
protected nonpublic.  However, upon review by the county 
attorney of the jurisdiction in which the law enforcement 
investigation is active, the data may be released to persons 
described in subdivision 8 if the county attorney determines 
release would not impede the ongoing investigation.  When the 
law enforcement investigation becomes inactive, the data shall 
become private or nonpublic data.  Nothing in this subdivision 
shall be construed to make not public the data elements 
identified in subdivision 2 at any point in the investigation or 
thereafter.  
    Sec. 12.  Minnesota Statutes 1990, section 13.83, 
subdivision 8, is amended to read: 
    Subd. 8.  [ACCESS TO NONPUBLIC DATA.] The data made 
nonpublic by this section are accessible to the physician who 
attended the decedent at the time of death, the legal 
representative of the decedent's estate and to the decedent's 
surviving spouse, parents, children, and siblings and their 
legal representatives. 
    Sec. 13.  Minnesota Statutes 1990, section 13.83, is 
amended by adding a subdivision to read: 
     Subd. 10.  [CLASSIFICATION OF CERTAIN MEDICAL EXAMINER AND 
CORONER DATA.] Data described in sections 383B.225, subdivision 
6, 390.11, subdivision 7, and 390.32, subdivision 6, shall be 
classified as described therein. 
    Sec. 14.  Minnesota Statutes 1990, section 13.84, is 
amended by adding a subdivision to read: 
    Subd. 8.  [CHILD ABUSE DATA; RELEASE TO CHILD PROTECTIVE 
SERVICES.] A court services agency may release private or 
confidential data on an active case involving assessment or 
investigation of actions that are defined as sexual abuse, 
physical abuse, or neglect under section 626.556 to a local 
welfare agency if: 
    (1) the local welfare agency has an active case involving a 
common client or clients who are the subject of the data; and 
    (2) the data are necessary for the local welfare agency to 
effectively process the agency's case, including investigating 
or performing other duties relating to the case required by law. 
    Court services data disclosed under this subdivision may be 
used only for purposes of the active case described in clause 
(1) and may not be further disclosed to any other person or 
agency, except as authorized by law. 
    Sec. 15.  Minnesota Statutes 1990, section 144.335, is 
amended by adding a subdivision 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.  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 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. 
    (c) 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. 
    (d) A patient's consent to the release of data on the date 
and type of immunizations administered to the patient is 
effective until the patient directs otherwise, if the consent 
was executed before August 1, 1991.  
    Sec. 16.  Minnesota Statutes 1990, section 169.09, 
subdivision 13, is amended to read: 
    Subd. 13.  [ACCIDENT REPORTS CONFIDENTIAL.] All written 
reports and supplemental reports required under this section to 
be provided to the department of public safety shall be without 
prejudice to the individual so reporting and shall be for the 
confidential use of the department of public safety and other 
appropriate state, federal, county, and municipal governmental 
agencies for accident analysis purposes, except that the 
department of public safety or any law enforcement department of 
any municipality or county in this state shall, upon written 
request of any person involved in an accident or upon written 
request of the representative of the person's estate, surviving 
spouse, or one or more surviving next of kin, or a trustee 
appointed pursuant to section 573.02, disclose to the requester, 
the requester's legal counsel or a representative of the 
requester's insurer any information contained therein except the 
parties' version of the accident as set out in the written 
report filed by the parties or may disclose identity of a person 
involved in an accident when the identity is not otherwise known 
or when the person denies presence at the accident.  No report 
shall be used as evidence in any trial, civil or criminal, 
arising out of an accident, except that the department of public 
safety shall furnish upon the demand of any person who has, or 
claims to have, made a report, or, upon demand of any court, a 
certificate showing that a specified accident report has or has 
not been made to the department of public safety solely to prove 
a compliance or a failure to comply with the requirements that 
the report be made to the department of public safety.  
Disclosing any information contained in any accident report, 
except as provided herein, is unlawful and a misdemeanor. 
      Nothing herein shall be construed to prevent any person who 
has made a report pursuant to this chapter from providing 
information to any persons involved in an accident or their 
representatives or from testifying in any trial, civil or 
criminal, arising out of an accident, as to facts within the 
person's knowledge.  It is intended by this subdivision to 
render privileged the reports required but it is not intended to 
prohibit proof of the facts to which the reports relate.  
Legally qualified newspaper publications and licensed radio and 
television stations shall upon request to a law enforcement 
agency be given an oral statement covering only the time and 
place of the accident, the names, addresses, and dates of birth 
of the parties involved, whether a citation was issued, and if 
so, what it was for, and whether the parties involved were 
wearing seat belts, and a general statement as to how the 
accident happened without attempting to fix liability upon 
anyone, but said legally qualified newspaper publications and 
licensed radio and television stations shall not be given access 
to the hereinbefore mentioned confidential reports, nor shall 
any such statements or information so orally given be used as 
evidence in any court proceeding, but shall merely be used for 
the purpose of a proper publication or broadcast of the 
news.  Response or incident data may be released pursuant to 
section 13.82, subdivision 4. 
    When these reports are released for accident analysis 
purposes the identity of any involved person shall not be 
revealed.  Data contained in these reports shall only be used 
for accident analysis purposes, except as otherwise provided by 
this subdivision.  Accident reports and data contained therein 
which may be in the possession or control of departments or 
agencies other than the department of public safety shall not be 
discoverable under any provision of law or rule of court. 
    Notwithstanding other provisions of this subdivision to the 
contrary, the commissioner of public safety shall give to the 
commissioner of transportation the name and address of a carrier 
subject to section 221.031 that is named in an accident report 
filed under subdivision 7 or 8.  The commissioner of 
transportation may not release the name and address to any 
person.  The commissioner shall use this information to enforce 
accident report requirements under chapter 221.  In addition the 
commissioner of public safety may give to the United States 
Department of Transportation commercial vehicle accident 
information in connection with federal grant programs relating 
to safety. 
    The department may charge authorized persons a $5 fee for a 
copy of an accident report.  
    Sec. 17.  Minnesota Statutes 1990, section 260.161, 
subdivision 3, is amended to read: 
    Subd. 3.  (a) Except for records relating to an offense 
where proceedings are public under section 260.155, subdivision 
1, peace officers' records of children shall be kept separate 
from records of persons 18 years of age or older and shall not 
be open to public inspection or their contents disclosed to the 
public except (1) by order of the juvenile court, (2) as 
required by section 126.036, (3) as authorized under section 
13.82, subdivision 2, or (4) to the child's parent or guardian 
unless disclosure of a record would interfere with an ongoing 
investigation; except that traffic investigation reports may be 
open to inspection by a person who has sustained physical harm 
or economic loss as a result of the traffic accident, or (5) as 
provided in paragraph (d).  Except as provided in paragraph (c), 
no photographs of a child taken into custody may be taken 
without the consent of the juvenile court unless the child is 
alleged to have violated section 169.121 or 169.129.  Any person 
violating any of the provisions of this subdivision shall be 
guilty of a misdemeanor. 
    (b) Nothing in this subdivision prohibits the exchange of 
information by law enforcement agencies if the exchanged 
information is pertinent and necessary to the requesting agency 
in initiating, furthering, or completing a criminal 
investigation. 
    (c) The commissioner of corrections may photograph 
juveniles whose legal custody is transferred to the 
commissioner.  Photographs of juveniles authorized by this 
paragraph may be used only for institution management purposes 
and to assist law enforcement agencies to apprehend juvenile 
offenders.  The commissioner shall maintain photographs of 
juveniles in the same manner as juvenile court records and names 
under this section. 
    (d) Traffic investigation reports are open to inspection by 
a person who has sustained physical harm or economic loss as a 
result of the traffic accident.  Identifying information on 
juveniles who are parties to traffic accidents may be disclosed 
as authorized under section 13.82, subdivision 4, unless the 
information would identify a juvenile who was taken into custody 
or who is suspected of committing an offense that would be a 
crime if committed by an adult, or would associate a juvenile 
with the offense, and the offense is not a minor traffic offense 
under section 260.193. 
    Sec. 18.  Minnesota Statutes 1990, section 383B.225, 
subdivision 6, is amended to read: 
    Subd. 6.  [INVESTIGATION PROCEDURE.] (a) Upon notification 
of the death of any person, as provided in subdivision 5, the 
county medical examiner or a designee may proceed to the body, 
take charge of it, and order, when necessary, that there be no 
interference with the body or the scene of death.  Any person 
violating the order of the examiner is guilty of a misdemeanor.  
The examiner or the examiner's designee shall make inquiry 
regarding the cause and manner of death and prepare written 
findings together with the report of death and its 
circumstances, which shall be filed in the office of the 
examiner.  When it appears that death may have resulted from a 
criminal act and that further investigation is advisable, a copy 
of the report shall be transmitted to the county attorney.  The 
examiner may take possession of all property of the deceased, 
mark it for identification, and make an inventory.  The examiner 
shall take possession of all articles useful in establishing the 
cause of death, mark them for identification and retain them 
securely until they are no longer needed for evidence or 
investigation.  The examiner shall release any property or 
articles needed for any criminal investigation to law 
enforcement officers conducting the investigation.  When a 
reasonable basis exists for not releasing property or articles 
to law enforcement officers, the examiner shall consult with the 
county attorney.  If the county attorney determines that a 
reasonable basis exists for not releasing the property or 
articles, the examiner may retain them.  The property or 
articles shall be returned immediately upon completion of the 
investigation.  When the property or articles are no longer 
needed for the investigation or as evidence, the examiner shall 
release the property or articles to the person or persons 
entitled to them.  Notwithstanding any other law to the 
contrary, when personal property of a decedent has come into the 
possession of the examiner, and is not used for a criminal 
investigation or as evidence, and has not been otherwise 
released as provided in this subdivision, the name of the 
decedent shall be filed with the probate court, together with a 
copy of the inventory of the decedent's property.  At that time, 
an examination of the records of the probate court shall be made 
to determine whether a will has been admitted to probate or an 
administration has been commenced.  Property of a nominal value, 
including wearing apparel, may be released to the spouse or any 
blood relative of the decedent or to the person accepting 
financial responsibility for burial of the decedent.  If 
property has not been released by the examiner and no will has 
been admitted to probate or administration commenced within six 
months after death, the examiner shall sell the property at a 
public auction upon notice and in a manner as the probate court 
may direct.  If the name of the decedent is not known, the 
examiner shall inventory the property of the decedent and after 
six months may sell the property at a public auction.  The 
examiner shall be allowed reasonable expenses for the care and 
sale of the property and shall deposit the net proceeds of the 
sale with the county administrator, or the administrator's 
designee, in the name of the decedent, if known.  If the 
decedent is not known, the examiner shall establish a means of 
identifying the property of the decedent with the unknown 
decedent and shall deposit the net proceeds of the sale with the 
county administrator, or a designee, so, that, if the unknown 
decedent's identity is established within six years, the 
proceeds can be properly distributed.  In either case, duplicate 
receipts shall be provided to the examiner, one of which shall 
be filed with the court, the other of which shall be retained in 
the office of the examiner.  If a representative shall qualify 
within six years from the time of deposit, the county 
administrator, or a designee, shall pay the amount of the 
deposit to the representative upon order of the court.  If no 
order is made within six years, the proceeds of the sale shall 
become a part of the general revenue of the county. 
    (b) For the purposes of this section, health-related 
records or data on a decedent, except health data defined in 
section 13.38, whose death is being investigated under this 
section, whether the records or data are recorded or unrecorded, 
including but not limited to those concerning medical, surgical, 
psychiatric, psychological, or any other consultation, 
diagnosis, or treatment, including medical imaging, shall be 
made promptly available to the medical examiner, upon the 
medical examiner's written request, by a person having custody 
of, possession of, access to, or knowledge of the records or 
data.  The medical examiner shall pay the reasonable costs of 
copies of records or data provided to the medical examiner under 
this section.  Data collected or created pursuant to this 
subdivision relating to any psychiatric, psychological, or 
mental health consultation with, diagnosis of, or treatment of 
the decedent whose death is being investigated shall remain 
confidential or protected nonpublic data, except that the 
medical examiner's report may contain a summary of such data. 
    Sec. 19.  Minnesota Statutes 1990, section 390.11, 
subdivision 7, is amended to read: 
    Subd. 7.  [REPORTS.] (a) Deaths of the types described in 
this section must be promptly reported for investigation to the 
coroner by the law enforcement officer, attending physician, 
mortician, person in charge of the public institutions referred 
to in subdivision 1, or other person with knowledge of the death.
    (b) For the purposes of this section, health-related 
records or data on a decedent, except health data defined in 
section 13.38, whose death is being investigated under this 
section, whether the records or data are recorded or unrecorded, 
including but not limited to those concerning medical, surgical, 
psychiatric, psychological, or any other consultation, 
diagnosis, or treatment, including medical imaging, shall be 
made promptly available to the coroner, upon the coroner's 
written request, by a person having custody of, possession of, 
access to, or knowledge of the records or data.  The coroner 
shall pay the reasonable costs of copies of records or data 
provided to the coroner under this section.  Data collected or 
created pursuant to this subdivision relating to any 
psychiatric, psychological, or mental health consultation with, 
diagnosis of, or treatment of the decedent whose death is being 
investigated shall remain confidential or protected nonpublic 
data, except that the coroner's report may contain a summary of 
such data. 
    Sec. 20.  Minnesota Statutes 1990, section 390.32, 
subdivision 6, is amended to read: 
    Subd. 6.  [REPORT OF DEATHS.] (a) Deaths of the types 
described in this section must be promptly reported for 
investigation to the sheriff by the attending physician, 
mortician, person in charge of the public institutions referred 
to in subdivision 1, or other person having knowledge of the 
death. 
    (b) For the purposes of this section, health-related 
records or data on a decedent, except health data as defined in 
section 13.38, whose death is being investigated under this 
section, whether the records or data are recorded or unrecorded, 
including but not limited to those concerning medical, surgical, 
psychiatric, psychological, or any other consultation, 
diagnosis, or treatment, including medical imaging, shall be 
made promptly available to the medical examiner, upon the 
medical examiner's written request, by a person having custody 
of, possession of, access to, or knowledge of the records or 
data.  The medical examiner shall pay the reasonable costs of 
copies of records or data provided to the medical examiner under 
this section.  Data collected or created pursuant to this 
subdivision relating to any psychiatric, psychological, or 
mental health consultation with, diagnosis of, or treatment of 
the decedent whose death is being investigated shall remain 
confidential or protected nonpublic data, except that the 
medical examiner's report may contain a summary of such data. 
    Sec. 21.  Minnesota Statutes 1990, section 403.07, 
subdivision 4, is amended to read: 
    Subd. 4.  [USE OF FURNISHED INFORMATION.] Names, addresses, 
and telephone numbers provided to a 911 system under subdivision 
3 are private data and may be used only for identifying the 
location or identity, or both, of a person calling a 911 public 
safety answering point.  The information furnished under 
subdivision 3 may not be used or disclosed by 911 system 
agencies, their agents, or their employees for any other purpose 
except under a court order.  This subdivision does not affect 
access to service data under section 13.82, subdivision 3, when 
data subject to that provision is sought from a law enforcement 
agency. 
    Sec. 22.  Minnesota Statutes 1990, section 471.705, 
subdivision 1, is amended to read: 
    Subdivision 1.  Except as otherwise expressly provided by 
statute, all meetings, including executive sessions, of any 
state agency, board, commission or department when required or 
permitted by law to transact public business in a meeting, and 
the governing body of any school district however organized, 
unorganized territory, county, city, town, or other public body, 
and of any committee, subcommittee, board, department or 
commission thereof, shall be open to the public, except meetings 
of the board of pardons and the commissioner of corrections.  
The votes of the members of such state agency, board, commission 
or department or of such governing body, committee, 
subcommittee, board, department or commission on any action 
taken in a meeting herein required to be open to the public 
shall be recorded in a journal kept for that purpose, which 
journal shall be open to the public during all normal business 
hours where such records are kept.  The vote of each member 
shall be recorded on each appropriation of money, except for 
payments of judgments, claims and amounts fixed by statute.  
This section shall not apply to any state agency, board, or 
commission when exercising quasi-judicial functions involving 
disciplinary proceedings. 
    Sec. 23.  Minnesota Statutes 1990, section 595.024, 
subdivision 3, is amended to read: 
    Subd. 3.  [DETERMINATION; APPEAL.] The district court shall 
consider the nature of the proceedings, the merits of the claims 
and defenses, the adequacies of alternative remedies, the 
relevancy of the information sought, and the possibility of 
establishing by other means that which the source is expected or 
may tend to prove.  The court shall make its appropriate order 
after making findings of fact.  The order may be appealed 
directly to the court of appeals according to the rules of 
appellate procedure.  The order is stayed and nondisclosure 
shall remain in full force and effect during the pendency of the 
appeal.  Where the court finds that the information sought has 
been published or broadcast, there shall be no automatic stay 
unless an appeal is filed within two days after the order is 
issued.  Either party may request expedited consideration.  
    Sec. 24.  Minnesota Statutes 1990, section 626.556, is 
amended by adding a subdivision to read: 
    Subd. 10h.  [CHILD ABUSE DATA; RELEASE TO FAMILY COURT 
SERVICES.] The responsible authority or its designee of a local 
welfare agency may release private or confidential data on an 
active case involving assessment or investigation of actions 
that are defined as sexual abuse, physical abuse, or neglect 
under this section to a court services agency if: 
    (1) the court services agency has an active case involving 
a common client or clients who are the subject of the data; and 
    (2) the data are necessary for the court services agency to 
effectively process the court services' case, including 
investigating or performing other duties relating to the case 
required by law. 
    The data disclosed under this subdivision may be used only 
for purposes of the active court services case described in 
clause (1) and may not be further disclosed to any other person 
or agency, except as authorized by law.  
    Sec. 25.  Minnesota Statutes 1990, section 626.556, 
subdivision 11c, is amended to read: 
    Subd. 11c.  [WELFARE, COURT SERVICES AGENCY, AND SCHOOL 
RECORDS MAINTAINED.] Notwithstanding sections 138.163 and 
138.17, records maintained or records derived from reports of 
abuse by local welfare agencies, court services agencies, or 
schools under this section shall be destroyed as provided in 
paragraphs (a) to (c) (d) by the responsible authority. 
    (a) If upon assessment or investigation there is no 
determination of maltreatment or the need for child protective 
services, the records may be maintained for a period of four 
years.  After the individual alleged to have maltreated a child 
is notified under subdivision 10f of the determinations at the 
conclusion of the assessment or investigation, upon that 
individual's request, records shall be destroyed within 30 days. 
    (b) All records relating to reports which, upon assessment 
or investigation, indicate either maltreatment or a need for 
child protective services shall be destroyed seven years after 
the date of the final entry in the case record. 
    (c) All records regarding a report of maltreatment, 
including any notification of intent to interview which was 
received by a school under subdivision 10, paragraph (d), shall 
be destroyed by the school when ordered to do so by the agency 
conducting the assessment or investigation.  The agency shall 
order the destruction of the notification when other records 
relating to the report under investigation or assessment are 
destroyed under this subdivision. 
    (d) Private or confidential data released to a court 
services agency under subdivision 10h must be destroyed by the 
court services agency when ordered to do so by the local welfare 
agency that released the data.  The local welfare agency shall 
order destruction of the data when other records relating to the 
assessment or investigation are destroyed under this subdivision.
    Sec. 26.  Minnesota Statutes 1990, section 638.02, 
subdivision 3, is amended to read: 
    Subd. 3.  Upon granting a pardon extraordinary the board of 
pardons shall file a copy thereof with the district court of the 
county in which the conviction occurred, whereupon and the court 
shall order the conviction set aside and all records pertinent 
to the conviction sealed.  These records shall only be reopened 
in the case of a criminal judicial proceeding thereafter 
instituted include a copy of the pardon in the court file.  
    Sec. 27.  Minnesota Statutes 1990, section 638.04, is 
amended to read: 
    638.04 [MEETINGS.] 
    The board of pardons shall hold meetings at least twice 
each year and shall hold a meeting whenever it takes formal 
action on an application for a pardon or commutation of 
sentence.  All board meetings shall be open to the public as 
provided in section 471.705.  
    The victim of an applicant's crime has a right to submit an 
oral or written statement at the meeting.  The statement may 
summarize the harm suffered by the victim as a result of the 
crime and give the victim's recommendation on whether the 
application for a pardon or commutation should be granted or 
denied.  In addition, any law enforcement agency may submit an 
oral or written statement at the meeting, giving its 
recommendation on whether the application should be granted or 
denied.  The board must consider the victim's and the law 
enforcement agency's statement when making its decision on the 
application. 
    Sec. 28.  Minnesota Statutes 1990, section 638.05, is 
amended to read: 
    638.05 [APPLICATION FOR PARDON.] 
    Every application for a pardon or commutation of sentence 
shall be in writing, addressed to the board of pardons, signed 
by the convict or some one in the convict's behalf, shall state 
concisely the grounds upon which the pardon or commutation is 
sought, and in addition shall contain the following facts: 
    (1) The name under which the convict was indicted, and 
every alias by which known; 
    (2) The date and terms of sentence, and the names of the 
offense for which it was imposed; 
    (3) The name of the trial judge and the county attorney who 
participated in the trial of the convict, together with that of 
the county of trial; 
    (4) A succinct statement of the evidence adduced at the 
trial, with the endorsement of the judge or county attorney who 
tried the case that the same is substantially correct; if such 
statement and endorsement are not furnished, the reason thereof 
shall be stated; 
    (5) The age, birthplace, parentage, and occupation and 
residence of the convict during five years immediately preceding 
conviction; 
    (6) A statement of other arrests, indictments, and 
convictions, if any, of the convict.  
    Every application for a pardon or commutation of sentence 
shall contain a statement by the applicant consenting to the 
disclosure to the board of any private data concerning the 
applicant contained in the application or in any other record 
relating to the grounds on which the pardon or commutation is 
sought. 
    Sec. 29.  Minnesota Statutes 1990, section 638.06, is 
amended to read: 
    638.06 [ACTION ON APPLICATION.] 
    Every such application shall be filed with the clerk of the 
board of pardons.  If an application for a pardon or commutation 
has been once heard and denied on the merits, no subsequent 
application shall be filed without the consent of two members of 
the board endorsed thereon.  The clerk shall, immediately on 
receipt of any application, mail notice thereof, and of the time 
and place of hearing thereon, to the judge of the court wherein 
the applicant was tried and sentenced, and to the prosecuting 
attorney who prosecuted the applicant, or a successor in office; 
provided, pardons or commutations of sentence of persons 
committed to a county jail or workhouse may be granted by the 
board without notice.  The clerk shall also make all reasonable 
efforts to locate any victim of the applicant's crime.  The 
clerk shall mail notice of the application and the time and 
place of the hearing to any victim who is located.  This notice 
shall specifically inform the victim of the victim's right to be 
present at the hearing and to submit an oral or written 
statement to the board as provided in section 638.04. 
    Sec. 30.  [IMMUNITY FROM LIABILITY.] 
    No cause of action may arise as a result of the release of 
data contained in a termination or personnel settlement 
agreement if the data were not public data as defined in 
Minnesota Statutes, section 13.02, at the time the agreement was 
executed but become public data under a law enacted after 
execution. 
    Sec. 31.  [LICENSING DATA STUDY.] 
    The commissioner of administration shall study and make 
recommendations on the appropriate treatment and classification 
of state licensing data.  The study shall include an examination 
of issues related to the sale of lists of the data for 
commercial purposes as part of a mailing list or telephone 
solicitation.  The commissioner shall report to the legislature 
by January 15, 1992. 
    Sec. 32.  [EFFECTIVE DATES] 
    Sections 2 and 30 are effective the day following final 
enactment and apply to data collected, created, or received 
before, on, or after the effective date.  Section 26 is 
effective August 1, 1992, and applies to pardons extraordinary 
granted on or after the effective date. 
    Presented to the governor May 30, 1991 
    Signed by the governor June 3, 1991, 4:00 p.m.

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