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1998 Minnesota Session Laws

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

                            CHAPTER 371-S.F.No. 1378 
                  An act relating to government data practices; 
                  providing for the classification of and access to 
                  government data; providing for data privacy for 
                  certain audit information; classifying certain law 
                  enforcement data; providing that certain documents may 
                  be classified as nonpublic data until negotiations 
                  with vendors and best and final offers are received; 
                  making technical and clarifying changes to tax 
                  disclosure provisions; amending Minnesota Statutes 
                  1996, sections 13.794, subdivision 1; 13.82, by adding 
                  a subdivision; 13.85, subdivision 2; 13.99, by adding 
                  subdivisions; 168.346; 171.12, subdivision 1; 270B.02, 
                  subdivision 3; 270B.03, subdivision 6; 270B.12, 
                  subdivision 6; and 629.341, subdivision 4; Minnesota 
                  Statutes 1997 Supplement, sections 13.37, subdivision 
                  1; 13.46, subdivision 2; 260.161, subdivision 1; 
                  268.19; 270B.01, subdivision 8; 299C.095, subdivision 
                  2; and 471A.03, subdivision 3; repealing Minnesota 
                  Statutes 1996, section 270.10, subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1997 Supplement, section 
        13.37, subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] As used in this section, the 
        following terms have the meanings given them. 
           (a) "Security information" means government data the 
        disclosure of which would be likely to substantially jeopardize 
        the security of information, possessions, individuals or 
        property against theft, tampering, improper use, attempted 
        escape, illegal disclosure, trespass, or physical injury.  
        "Security information" includes crime prevention block maps and 
        lists of volunteers who participate in community crime 
        prevention programs and their home addresses and telephone 
        numbers. 
           (b) "Trade secret information" means government data, 
        including a formula, pattern, compilation, program, device, 
        method, technique or process (1) that was supplied by the 
        affected individual or organization, (2) that is the subject of 
        efforts by the individual or organization that are reasonable 
        under the circumstances to maintain its secrecy, and (3) that 
        derives independent economic value, actual or potential, from 
        not being generally known to, and not being readily 
        ascertainable by proper means by, other persons who can obtain 
        economic value from its disclosure or use. 
           (c) "Labor relations information" means management 
        positions on economic and noneconomic items that have not been 
        presented during the collective bargaining process or interest 
        arbitration, including information specifically collected or 
        created to prepare the management position. 
           (d) "Parking space leasing data" means the following 
        government data on an applicant for, or lessee of, a parking 
        space:  residence address, home telephone number, beginning and 
        ending work hours, place of employment, and work telephone 
        number, and location of the parking space. 
           (e) "Internal competitive proposal" means a proposal to 
        provide government services that is prepared by the staff of a 
        political subdivision in competition with proposals solicited by 
        the political subdivision from the private sector. 
           Sec. 2.  Minnesota Statutes 1997 Supplement, section 13.46, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
        a statute specifically provides a different classification, data 
        on individuals collected, maintained, used, or disseminated by 
        the welfare system is private data on individuals, and shall not 
        be disclosed except:  
           (1) according to section 13.05; 
           (2) according to court order; 
           (3) according to a statute specifically authorizing access 
        to the private data; 
           (4) to an agent of the welfare system, including a law 
        enforcement person, attorney, or investigator acting for it in 
        the investigation or prosecution of a criminal or civil 
        proceeding relating to the administration of a program; 
           (5) to personnel of the welfare system who require the data 
        to 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 between the department of human services and 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 or to 
        monitor and evaluate the statewide Minnesota family investment 
        program by exchanging data on recipients and former recipients 
        of food stamps, cash assistance under chapter 256, 256D, 256J, 
        or 256K, child care assistance under chapter 119B, or medical 
        programs under chapter 256B, 256D, or 256L; 
           (10) to appropriate parties in connection with an emergency 
        if knowledge of the information is necessary to protect the 
        health or safety of the individual or other individuals or 
        persons; 
           (11) data maintained by residential programs as defined in 
        section 245A.02 may be disclosed to the protection and advocacy 
        system established in this state according to Part C of Public 
        Law 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 or Minnesota family investment 
        program-statewide may be disclosed to law enforcement officers 
        who provide the name of the recipient and notify the agency that:
           (i) the recipient: 
           (A) is a fugitive felon fleeing to avoid prosecution, or 
        custody or confinement after conviction, for a crime or attempt 
        to commit a crime that is a felony under the laws of the 
        jurisdiction from which the individual is fleeing; or 
           (B) is violating a condition of probation or parole imposed 
        under state or federal law; 
           (ii) the location or apprehension of the felon is within 
        the law enforcement officer's official duties; and 
           (iii)  the request is made in writing and in the proper 
        exercise of those duties; 
           (16) the current address of a recipient of general 
        assistance or general assistance medical care may be disclosed 
        to probation officers and corrections agents who are supervising 
        the recipient and to law enforcement officers who are 
        investigating the recipient in connection with a felony level 
        offense; 
           (17) information obtained from food 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, according to Code of Federal Regulations, title 
        7, section 272.1(c); 
           (18) the address, social security number, and, if 
        available, photograph of any member of a household receiving 
        food 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) certain information regarding child support obligors 
        who are in arrears may be made public according to section 
        518.575; 
           (20) data on child support payments made by a child support 
        obligor and data on the distribution of those payments excluding 
        identifying information on obligees may be disclosed to all 
        obligees to whom the obligor owes support, and data on the 
        enforcement actions undertaken by the public authority and, the 
        status of those actions, and data on the income of the obligor 
        or obligee may be disclosed to the other party; 
           (21) data in the work reporting system may be disclosed 
        under section 256.998, subdivision 7; 
           (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 according 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 or Minnesota family investment 
        program-statewide as required by section 124.175; and to 
        allocate federal and state funds that are distributed based on 
        income of the student's family; and to verify receipt of energy 
        assistance for the telephone assistance plan; 
           (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; or 
           (24) to other state agencies, statewide systems, and 
        political subdivisions of this state, including the attorney 
        general, and agencies of other states, interstate information 
        networks, federal agencies, and other entities as required by 
        federal regulation or law for the administration of the child 
        support enforcement program; 
           (25) to personnel of public assistance programs as defined 
        in section 256.741, for access to the child support system 
        database for the purpose of administration, including monitoring 
        and evaluation of those public assistance programs; or 
           (26) to monitor and evaluate the statewide Minnesota family 
        investment program by exchanging data between the departments of 
        human services and children, families, and learning, on 
        recipients and former recipients of food stamps, cash assistance 
        under chapter 256, 256D, 256J, or 256K, child care assistance 
        under chapter 119B, or medical programs under chapter 256B, 
        256D, or 256L.  
           (b) Information on persons who have been treated for drug 
        or alcohol abuse may only be disclosed according to the 
        requirements of Code of Federal Regulations, title 42, sections 
        2.1 to 2.67. 
           (c) Data provided to law enforcement agencies under 
        paragraph (a), clause (15), (16), (17), or (18), or paragraph 
        (b), are investigative data and are confidential or protected 
        nonpublic while the investigation is active.  The data are 
        private after the investigation becomes inactive under section 
        13.82, subdivision 5, paragraph (a) or (b). 
           (d) Mental health data shall be treated as provided in 
        subdivisions 7, 8, and 9, but is not subject to the access 
        provisions of subdivision 10, paragraph (b). 
           Sec. 3.  Minnesota Statutes 1996, section 13.794, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CONFIDENTIAL DATA OR PROTECTED NONPUBLIC 
        DATA.] Data, notes, and preliminary drafts of reports created, 
        collected, and maintained by the internal audit offices of state 
        agencies and political subdivisions, or persons performing 
        audits for state agencies and political subdivisions, and 
        relating to an audit or investigation are confidential data on 
        individuals or protected nonpublic data until the final report 
        has been published or the audit or investigation is no longer 
        being pursued actively., except that the data shall be disclosed 
        as required to comply with section 6.67 or 609.456.  This 
        section does not limit in any way:  
           (1) the state auditor's access to government data of 
        political subdivisions or data, notes, or preliminary drafts of 
        reports of persons performing audits for political subdivisions; 
        or 
           (2) the public or a data subject's access to data 
        classified by section 13.43. 
           Sec. 4.  Minnesota Statutes 1996, section 13.82, is amended 
        by adding a subdivision to read: 
           Subd. 3b.  [DOMESTIC ABUSE DATA.] The written police report 
        required by section 629.341, subdivision 4, of an alleged 
        incident described in section 629.341, subdivision 1, and arrest 
        data, request for service data, and response or incident data 
        described in subdivision 2, 3, or 4 that arise out of this type 
        of incident or out of an alleged violation of an order for 
        protection must be released upon request at no cost to an 
        organization designated by the Minnesota center for crime 
        victims services, the department of corrections, or the 
        department of public safety as providing services to victims of 
        domestic abuse.  The executive director or the commissioner of 
        the appropriate state agency shall develop written criteria for 
        this designation in consultation with the battered women's 
        advisory council. 
           Sec. 5.  Minnesota Statutes 1996, section 13.85, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PRIVATE DATA.] Unless the data are summary data 
        or arrest data, or a statute specifically provides a different 
        classification, corrections and detention data on individuals 
        are classified as private pursuant to section 13.02, subdivision 
        12, to the extent that the release of the data would either (a) 
        disclose personal, medical, psychological, or financial 
        information, or personal information not related to their lawful 
        confinement or detainment or (b) endanger an individual's life. 
           Sec. 6.  Minnesota Statutes 1996, section 13.99, is amended 
        by adding a subdivision to read: 
           Subd. 97b.  [CAPITAL INTENSIVE PUBLIC SERVICE PROPOSALS AND 
        NEGOTIATION DOCUMENTS.] Proposals received from vendors, and all 
        government data received from vendors or generated by a 
        municipality relating to negotiations with vendors, for capital 
        intensive public services are classified under section 471A.03, 
        subdivision 3.  
           Sec. 7.  Minnesota Statutes 1996, section 13.99, is amended 
        by adding a subdivision to read: 
           Subd. 114a.  [DOMESTIC ABUSE POLICE REPORTS.] Police 
        reports on domestic incidents are classified under section 
        629.341. 
           Sec. 8.  Minnesota Statutes 1996, section 168.346, is 
        amended to read: 
           168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.] 
           (a) The registered owner of a motor vehicle may request in 
        writing that the owner's residence address or name and residence 
        address be classified as private data on individuals, as defined 
        in section 13.02, subdivision 12.  The commissioner shall grant 
        the classification upon receipt of a signed statement by the 
        owner that the classification is required for the safety of the 
        owner or the owner's family, if the statement also provides a 
        valid, existing address where the owner consents to receive 
        service of process.  The commissioner shall use the mailing 
        address in place of the residence address in all documents and 
        notices pertaining to the motor vehicle.  The residence address 
        or name and residence address and any information provided in 
        the classification request, other than the mailing address, are 
        private data on individuals and may be provided to requesting 
        law enforcement agencies, probation and parole agencies, and 
        public authorities, as defined in section 518.54, subdivision 9. 
           (b) An individual registered owner of a motor vehicle must 
        be informed in a clear and conspicuous manner on the forms for 
        issuance or renewal of titles and registrations, that the 
        owner's personal information may be disclosed to any person who 
        makes a request for the personal information, and that, except 
        for uses permitted by United States Code, title 18, section 
        2721, clause (b), the registered owner may prohibit disclosure 
        of the personal information by so indicating on the form.  For 
        purposes of this paragraph, access by requesters making requests 
        described in section 168.345, subdivision 4, is deemed to be 
        related to public safety.  
           (c) At the time of registration or renewal, the individual 
        registered owner of a motor vehicle must also be informed in a 
        clear and conspicuous manner on forms that the owner's personal 
        information may be used, rented, or sold solely for bulk 
        distribution by organizations for business purposes including 
        surveys, marketing, and solicitation.  The commissioner shall 
        implement methods and procedures that enable the registered 
        owner to request that bulk surveys, marketing, or solicitation 
        not be directed to the owner.  If the registered owner so 
        requests, the commissioner shall implement the request in a 
        timely manner and the personal information may not be so used. 
           (d) To the extent permitted by United States Code, title 
        18, section 2721, data on individuals provided to register a 
        motor vehicle is public data on individuals and shall be 
        disclosed as permitted by United States Code, title 18, section 
        2721, clause (b).  
           Sec. 9.  Minnesota Statutes 1996, section 171.12, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LICENSES FILED IN ALPHABETICAL ORDER.] The 
        department shall file every application for a driver's license 
        received by it and shall maintain suitable indices containing, 
        in alphabetical order: 
           (1) all applications denied and the reason for denial; 
           (2) all applications granted; and 
           (3) the name of every person whose license has been 
        suspended, revoked, or canceled or who has been disqualified 
        from operating a commercial motor vehicle by the department, and 
        after each name the reasons for the action.  
           Notwithstanding section 260.161, data revealing that the 
        reason for the action under clause (3) is an order of the 
        juvenile court are accessible to the public. 
           Sec. 10.  Minnesota Statutes 1997 Supplement, section 
        260.161, subdivision 1, is amended to read: 
           Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] (a) The 
        juvenile court judge shall keep such minutes and in such manner 
        as the court deems necessary and proper.  Except as provided in 
        paragraph (b), the court shall keep and maintain records 
        pertaining to delinquent adjudications until the person reaches 
        the age of 28 years and shall release the records on an 
        individual to another juvenile court that has jurisdiction of 
        the juvenile, to a requesting adult court for purposes of 
        sentencing, or to an adult court or juvenile court as required 
        by the right of confrontation of either the United States 
        Constitution or the Minnesota Constitution.  The juvenile court 
        shall provide, upon the request of any other juvenile court, 
        copies of the records concerning adjudications involving the 
        particular child.  The court also may provide copies of records 
        concerning delinquency adjudications, on request, to law 
        enforcement agencies, probation officers, and corrections agents 
        if the court finds that providing these records serves public 
        safety or is in the best interests of the child.  Until July 1, 
        1999, juvenile court delinquency proceeding records of 
        adjudications, court transcripts, and delinquency petitions, 
        including any probable cause attachments that have been filed or 
        police officer reports relating to a petition, must be released 
        to requesting law enforcement agencies and prosecuting 
        authorities for purposes of investigating and prosecuting 
        violations of section 609.229, provided that psychological or 
        mental health reports may not be included with those records.  
        The records have the same data classification in the hands of 
        the agency receiving them as they had in the hands of the court 
        the records may release the records only as permitted under this 
        section or authorized by law. 
           The court shall also keep an index in which files 
        pertaining to juvenile matters shall be indexed under the name 
        of the child.  After the name of each file shall be shown the 
        file number and, if ordered by the court, the book and page of 
        the register in which the documents pertaining to such file are 
        listed.  The court shall also keep a register properly indexed 
        in which shall be listed under the name of the child all 
        documents filed pertaining to the child and in the order filed.  
        The list shall show the name of the document and the date of 
        filing thereof.  The juvenile court legal records shall be 
        deposited in files and shall include the petition, summons, 
        notice, findings, orders, decrees, judgments, and motions and 
        such other matters as the court deems necessary and proper.  
        Unless otherwise provided by law, all court records shall be 
        open at all reasonable times to the inspection of any child to 
        whom the records relate, and to the child's parent and guardian. 
           (b) The court shall retain records of the court finding 
        that a juvenile committed an act that would be a felony or gross 
        misdemeanor level offense until the offender reaches the age of 
        28.  If the offender commits a felony as an adult, or the court 
        convicts a child as an extended jurisdiction juvenile, the court 
        shall retain the juvenile records for as long as the records 
        would have been retained if the offender had been an adult at 
        the time of the juvenile offense.  This paragraph does not apply 
        unless the juvenile was provided counsel as required by section 
        260.155, subdivision 2. 
           Sec. 11.  Minnesota Statutes 1997 Supplement, section 
        268.19, is amended to read: 
           268.19 [INFORMATION.] 
           (a) Except as hereinafter otherwise provided by this 
        section, data gathered from any employing unit employer or 
        individual pursuant to the administration of sections 268.03 to 
        268.23, and from any determination as to the benefit rights of 
        any individual are private data on individuals or nonpublic data 
        not on individuals as defined in section 13.02, subdivisions 9 
        and 12, and may not be disclosed except pursuant to a court 
        order or section 13.05.  These data may be disseminated to and 
        used by the following agencies without the consent of the 
        subject of the data:  
           (a) (1) state and federal agencies specifically authorized 
        access to the data by state or federal law; 
           (b) (2) any agency of this Minnesota or any other state; or 
        any federal agency charged with the administration of an 
        employment security law or the maintenance of a system of public 
        employment offices; 
           (c) local (3) human rights groups agencies within the 
        state which Minnesota that have enforcement powers; 
           (d) (4) the department of revenue shall have access to 
        department of economic security private data on individuals and 
        nonpublic data not on individuals only to the extent necessary 
        for enforcement of Minnesota tax laws; 
           (e) (5) public and private agencies responsible for 
        administering publicly financed assistance programs for the 
        purpose of monitoring the eligibility of the program's 
        recipients; 
           (f) (6) the department of labor and industry on an 
        interchangeable basis with the department of economic security 
        subject to the following limitations and notwithstanding any law 
        to the contrary:  
           (1) (i) the department of economic security shall have 
        access to private data on individuals and nonpublic data not on 
        individuals for uses consistent with the administration of its 
        duties under sections 268.03 to 268.23; and 
           (2) (ii) the department of labor and industry shall have 
        access to private data on individuals and nonpublic data not on 
        individuals for uses consistent with the administration of its 
        duties under state Minnesota law; 
           (g) (7) the department of trade and economic development 
        may have access to private data on individual employing units 
        employers and nonpublic data not on individual employing units 
        employers for its internal use only; when received by the 
        department of trade and economic development, the data remain 
        private data on individuals or nonpublic data; 
           (h) (8) local and state welfare agencies for monitoring the 
        eligibility of the data subject for assistance programs, or for 
        any employment or training program administered by those 
        agencies, whether alone, in combination with another welfare 
        agency, or in conjunction with the department of economic 
        security or to monitor and evaluate the statewide Minnesota 
        family investment program by providing data on recipients and 
        former recipients of food stamps, cash assistance under chapter 
        256, 256D, 256J, or 256K, child care assistance under chapter 
        119B, or medical programs under chapter 256B, 256D, or 256L; 
           (i) (9) local, state, and federal law enforcement agencies 
        for the sole purpose of ascertaining the last known address and 
        employment location of the data subject, provided the data 
        subject is the subject of a criminal investigation; and 
           (j) (10) the department of health may have access to 
        private data on individuals and nonpublic data not on 
        individuals solely for the purposes of epidemiologic 
        investigations.  
           (b) Data on individuals and employing units which employers 
        that are collected, maintained, or used by the department in an 
        investigation pursuant to section 268.182 are confidential as to 
        data on individuals and protected nonpublic data not on 
        individuals as defined in section 13.02, subdivisions 3 and 13, 
        and shall not be disclosed except pursuant to statute or court 
        order or to a party named in a criminal proceeding, 
        administrative or judicial, for preparation of a defense.  
           (c) Tape recordings and transcripts of recordings of 
        proceedings conducted in accordance with section 268.105 and 
        exhibits received into evidence at those proceedings are private 
        data on individuals and nonpublic data not on individuals and 
        shall be disclosed only pursuant to the administration of 
        section 268.105, or pursuant to a court order.  
           Aggregate data about employers compiled from individual job 
        orders placed with the department of economic security are 
        private data on individuals and nonpublic data not on 
        individuals as defined in section 13.02, subdivisions 9 and 12, 
        if the commissioner determines that divulging the data would 
        result in disclosure of the identity of the employer.  
           (d) The department may disseminate an employer's name, 
        address, industry code, occupations employed, and the number of 
        employees by ranges of not less than 100 for the purpose of 
        assisting individuals using the Minnesota workforce center 
        system in obtaining employment. 
           (e) The general aptitude test battery and the nonverbal 
        aptitude test battery as administered by the department are also 
        classified as private data on individuals or nonpublic data.  
           (f) Data on individuals collected, maintained, or created 
        because an individual applies for benefits or services provided 
        by the energy assistance and weatherization programs 
        administered by the department of economic security is private 
        data on individuals and shall not be disseminated except 
        pursuant to section 13.05, subdivisions 3 and 4.  
           (g) Data gathered by the department pursuant to the 
        administration of sections 268.03 to 268.23 shall not be made 
        the subject or the basis for any suit in any civil proceedings, 
        administrative or judicial, unless the action is initiated by 
        the department. 
           Sec. 12.  Minnesota Statutes 1997 Supplement, section 
        270B.01, subdivision 8, is amended to read: 
           Subd. 8.  [MINNESOTA TAX LAWS.] For purposes of this 
        chapter only, unless expressly stated otherwise, "Minnesota tax 
        laws" means 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 297H 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. 13.  Minnesota Statutes 1996, section 270B.02, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONFIDENTIAL DATA ON INDIVIDUALS; PROTECTED 
        NONPUBLIC DATA.] (a) Except as provided in paragraph (b), the 
        name or existence of an informer, informer letters, and other 
        unsolicited data, in whatever form, given to the department of 
        revenue by a person, other than the data subject, who informs 
        that a specific taxpayer is not or may not be in compliance with 
        tax laws, or nontax laws administered by the department of 
        revenue, including laws not listed in section 270B.01, 
        subdivision 8, are confidential data on individuals or protected 
        nonpublic data as defined in section 13.02, subdivisions 3 and 
        13. 
           (b) Data under paragraph (a) may be disclosed with the 
        consent of the informer or upon a written finding by a court 
        that the information provided by the informer was false and that 
        there is evidence that the information was provided in bad 
        faith.  This subdivision does not alter disclosure 
        responsibilities or obligations under the rules of criminal 
        procedure. 
           Sec. 14.  Minnesota Statutes 1996, section 270B.03, 
        subdivision 6, is amended to read: 
           Subd. 6.  [INVESTIGATIVE DATA.] Notwithstanding For 
        purposes of any law to the contrary, the disclosure of 
        administered by the department of revenue, including laws not 
        listed in section 270B.01, subdivision 8, investigative data 
        collected or created by the department of revenue in order to 
        prepare a case against a person, whether known or unknown, for 
        the commission of a crime is governed by section 13.82, 
        subdivision 5, confidential or protected nonpublic during an 
        investigation.  When the investigation becomes inactive, as 
        defined in section 13.82, subdivision 5, the previous 
        classifications otherwise applicable under any other laws become 
        effective. 
           Sec. 15.  Minnesota Statutes 1996, section 270B.12, 
        subdivision 6, is amended to read: 
           Subd. 6.  [DEPARTMENT OF REVENUE EMPLOYEES; ATTORNEY 
        GENERAL.] Returns and return information may shall be open to 
        inspection by or disclosure to an employee or agent of the 
        department of revenue and the attorney general only for the 
        purpose of and to the extent necessary to administer tax laws. 
           Sec. 16.  Minnesota Statutes 1997 Supplement, section 
        299C.095, subdivision 2, is amended to read: 
           Subd. 2.  [RETENTION.] (a) Notwithstanding section 138.17, 
        the bureau shall retain juvenile history records for the time 
        periods provided in this subdivision.  Notwithstanding contrary 
        provisions of paragraphs (b) to (e), all data in a juvenile 
        history record must be retained for the longest time period 
        applicable to any item in the individual juvenile history 
        record.  If, before data are destroyed under this subdivision, 
        the subject of the data is convicted of a felony as an adult, 
        the individual's juvenile history record must be retained for 
        the same time period as an adult criminal history record. 
           (b) Juvenile history data on a child who was arrested must 
        be destroyed six months after the arrest if the child has not 
        been referred to a diversion program and no petition has been 
        filed against the child by that time. 
           (c) Juvenile history data on a child against whom a 
        delinquency petition was filed and subsequently dismissed must 
        be destroyed upon receiving notice from the court that the 
        petition was dismissed. 
           (d) Juvenile history data on a child who was referred to a 
        diversion program or against whom a delinquency petition has 
        been filed and continued for dismissal must be destroyed when 
        the child reaches age 21. 
           (e) Juvenile history data on a child against whom a 
        delinquency petition was filed and continued without 
        adjudication, or a child who was found to have committed a 
        felony or gross misdemeanor-level offense, must be destroyed 
        when the child reaches age 28.  If the offender commits a felony 
        violation as an adult, the bureau shall retain the data for as 
        long as the data would have been retained if the offender had 
        been an adult at the time of the juvenile offense. 
           (f) The bureau shall retain extended jurisdiction juvenile 
        data on an individual received under section 260.161, 
        subdivision 1a, paragraph (c), for as long as the data would 
        have been retained if the offender had been an adult at the time 
        of the offense. 
           (g) Data retained on individuals under this subdivision are 
        private data under section 13.02, except that extended 
        jurisdiction juvenile data become public data under section 
        13.87, subdivision 2, when the juvenile court notifies the 
        bureau that the individual's adult sentence has been executed 
        under section 260.126, subdivision 5. 
           (h) A person who receives data on a juvenile under 
        paragraphs (b) to (e) from the bureau shall destroy the data 
        according to the schedule in this subdivision, unless the person 
        has access to the data under other law.  The bureau shall 
        include a notice of the destruction schedule with all data it 
        disseminates on juveniles. 
           Sec. 17.  Minnesota Statutes 1997 Supplement, section 
        471A.03, subdivision 3, is amended to read: 
           Subd. 3.  [PROCUREMENT PROCEDURES.] The municipality may 
        agree under the service contract that the private vendor will 
        acquire, construct, alter, repair, or maintain any and all 
        related facilities without compliance with any competitive 
        bidding requirements.  The municipality may enter into the 
        service contract only after requesting from two or more private 
        vendors proposals for the furnishing of the capital intensive 
        public services under terms and conditions the municipality 
        determines to be fair and reasonable.  After making the request 
        and receiving any proposals in response to the request, the 
        municipality may negotiate the service contract with any private 
        vendor that responds to the request for proposals.  The 
        municipality, at its discretion, may classify all or portions of 
        any (1) proposals received from vendors, and (2) government data 
        received from vendors or generated by the municipality relating 
        to negotiations with the vendors, as nonpublic data under 
        section 13.02, subdivision 9, or as protected nonpublic data 
        under section 13.02, subdivision 13, until completion of 
        negotiations with all the vendors and, if the municipality 
        solicits a best and final offer from one or more vendors, until 
        the offers are received from all vendors who are requested to 
        submit such an offer.  
           Sec. 18.  Minnesota Statutes 1996, section 629.341, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REPORT REQUIRED.] Whenever a peace officer 
        investigates an allegation that an incident described in 
        subdivision 1 has occurred, whether or not an arrest is made, 
        the officer shall make a written police report of the alleged 
        incident.  The report must contain at least the following 
        information:  the name, address and telephone number of the 
        victim, if provided by the victim, a statement as to whether an 
        arrest occurred, the name of the arrested person, and a brief 
        summary of the incident.  Data that identify a victim who has 
        made a request under section 13.82, subdivision 10, paragraph 
        (d), and that are private data under that subdivision, shall be 
        private in the report required by this section.  A copy of this 
        report must be provided upon request, at no cost, to 
        organizations designated by the Minnesota crime victims services 
        center, the department of public safety, or the commissioner of 
        corrections that are providing services to victims of domestic 
        abuse.  The officer shall submit the report to the officer's 
        supervisor or other person to whom the employer's rules or 
        policies require reports of similar allegations of criminal 
        activity to be made. 
           Sec. 19.  [TRIBAL HEALTH DATA.] 
           All data created, collected, received, or maintained by the 
        commissioner of health in conjunction and cooperation with a 
        federally recognized Indian tribe with an enrolled membership of 
        under 550 individuals and which relate to cancer incidence among 
        tribal members are private data on individuals as defined in 
        Minnesota Statutes, section 13.02.  
           Sec. 20.  [LEGISLATIVE SUBPOENA; DISCLOSURE OF CHILD 
        PROTECTION DATA.] 
           (a) Notwithstanding Minnesota Statutes, section 626.556, 
        subdivision 11, or any other law to the contrary governing 
        access to government data, data on individuals related to 
        investigations and assessments under Minnesota Statutes, section 
        626.556, must be released in response to a legislative subpoena 
        issued by a standing legislative committee under Minnesota 
        Statutes, section 3.153. 
           (b) This section expires on July 1, 1999.  
           Sec. 21.  [REPEALER.] 
           Minnesota Statutes 1996, section 270.10, subdivision 3, is 
        repealed.  
           Sec. 22.  [REVISOR'S INSTRUCTION.] 
           In the next edition of Minnesota Statutes, the revisor must 
        renumber section 13.794 as 13.392 or otherwise include it among 
        appropriate sections that refer to both state agencies and 
        political subdivisions in Minnesota Statutes, chapter 13. 
           Sec. 23.  [EFFECTIVE DATES.] 
           Sections 2, clause (25); 6; 12 to 15; 17; 20; and 21 are 
        effective the day following final enactment. 
           Sections 3 and 22 are effective July 1, 1998. 
           Presented to the governor April 6, 1998 
           Became law without the governor's signature April 10, 1998

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