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1984 Minnesota Session Laws

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                         Laws of Minnesota 1984 

                        CHAPTER 436-S.F.No. 989 
           An act relating to collection and dissemination of 
          data; classifying government data as public, private, 
          and nonpublic; clarifying issues relating to 
          classifications of data, access to data, and the 
          temporary classification of data; refining provisions 
          of the data practices act; amending Minnesota Statutes 
          1982, sections 13.02, by adding a subdivision; 13.03, 
          subdivisions 3 and 4, and by adding a subdivision; 
          13.04, subdivision 2; 13.05, subdivisions 3, 7, 9, and 
          10; 13.06, subdivisions 1 and 6; 13.31, subdivisions 2 
          and 3; 13.32, subdivision 3; 13.37, subdivision 2; 
          13.41, by adding a subdivision; 13.44; 13.46, 
          subdivision 1, and by adding subdivisions; and 13.67; 
          and Minnesota Statutes 1983 Supplement, sections 
          13.46, subdivision 2; 48.512, subdivision 3; and 
          609.535, subdivision 7; proposing new law coded in 
          Minnesota Statutes, chapters 13 and 144. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 13.02, is 
amended by adding a subdivision to read:  
    Subd. 8a.  [NOT PUBLIC DATA.] "Not public data" means any 
government data which is classified by statute, federal law, or 
temporary classification as confidential, private, nonpublic, or 
protected nonpublic.  
    Sec. 2.  Minnesota Statutes 1982, section 13.03, 
subdivision 3, is amended to read: 
    Subd. 3.  [REQUEST FOR ACCESS TO DATA.] Upon request to a 
responsible authority or designee, a person shall be permitted 
to inspect and copy public government data at reasonable times 
and places, and if the person requests, he shall be informed of 
the data's meaning.  The responsible authority or designee shall 
provide copies of public government data upon request.  The 
responsible authority may require the requesting person to pay 
the actual costs of making, certifying and compiling the 
copies.  If the responsible authority or designee is not able to 
provide copies at the time a request is made he shall supply 
copies as soon as reasonably possible. 
    When a request under this subdivision involves any person's 
receipt of copies of public government data that has commercial 
value and is an entire formula, pattern, compilation, program, 
device, method, technique, process, data base, or system 
developed with a significant expenditure of public funds by the 
agency, the responsible authority may charge a reasonable fee 
for the information in addition to the costs of making, 
certifying, and compiling the copies.  Any fee charged must be 
clearly demonstrated by the agency to relate to the actual 
development costs of the information.  The responsible 
authority, upon the request of any person, shall provide 
sufficient documentation to explain and justify the fee being 
charged.  
    If the responsible authority or designee determines that 
the requested data is classified so as to deny the requesting 
person access, the responsible authority or designee shall so 
inform the requesting person of the determination either orally 
at the time of the request, and or in writing as soon thereafter 
after that time as possible, and shall cite the statute specific 
statutory section, temporary classification, or specific 
provision of federal law on which the determination is based. 
Upon the request of any person denied access to data, the 
responsible authority or designee shall certify in writing that 
the request has been denied and cite the specific statutory 
section, temporary classification, or specific provision of 
federal law upon which the denial was based.  
    Sec. 3.  Minnesota Statutes 1982, section 13.03, 
subdivision 4, is amended to read: 
    Subd. 4.  [CHANGE IN CLASSIFICATION OF DATA.] The 
classification of data in the possession of an agency shall 
change if it is required to do so to comply with either judicial 
or administrative rules pertaining to the conduct of legal 
actions or with a specific statute applicable to the data in the 
possession of the disseminating or receiving agency. 
    If data on individuals is classified as both private and 
confidential by this chapter, or any other statute or federal 
law, the data is private.  
    To the extent that government data is disseminated to state 
agencies, political subdivisions, or statewide systems by 
another state agency, political subdivision, or statewide 
system, the data disseminated shall have the same classification 
in the hands of the agency receiving it as it had in the hands 
of the entity providing it.  
     Sec. 4.  Minnesota Statutes 1982, section 13.03, is amended 
by adding a subdivision to read:  
    Subd. 5.  [COPYRIGHT OF PATENT OR COMPUTER PROGRAM.] 
Nothing in this chapter or any other statute shall be construed 
to prevent a state agency, statewide system, or political 
subdivision from acquiring a copyright or patent for a computer 
software program or components of a program created by that 
government agency.  In the event that a government agency does 
acquire a patent or copyright to a computer software program or 
component of a program, the data shall be treated as trade 
secret information pursuant to section 13.37.  
    Sec. 5.  Minnesota Statutes 1982, section 13.04, 
subdivision 2, is amended to read: 
    Subd. 2.  [INFORMATION REQUIRED TO BE GIVEN INDIVIDUAL.] An 
individual asked to supply private or confidential data 
concerning himself shall be informed of:  (a) the purpose and 
intended use of the requested data within the collecting state 
agency, political subdivision, or statewide system; (b) whether 
he may refuse or is legally required to supply the requested 
data; (c) any known consequence arising from his supplying or 
refusing to supply private or confidential data; and (d) the 
identity of other persons or entities authorized by state or 
federal law to receive the data.  This requirement shall not 
apply when an individual is asked to supply investigative data, 
pursuant to section 13.82, subdivision 5, to a law enforcement 
officer. 
    Sec. 6.  Minnesota Statutes 1982, section 13.05, 
subdivision 3, is amended to read: 
    Subd. 3.  [GENERAL STANDARDS FOR COLLECTION AND STORAGE.] 
Collection and storage of public, private or confidential all 
data on individuals and the use and dissemination of private and 
confidential data on individuals shall be limited to that 
necessary for the administration and management of programs 
specifically authorized by the legislature, or local governing 
body or mandated by the federal government.  
    Sec. 7.  Minnesota Statutes 1982, section 13.05, 
subdivision 7, is amended to read: 
    Subd. 7.  [PREPARATION OF SUMMARY DATA.] The use of summary 
data derived from private or confidential data on individuals 
under the jurisdiction of one or more responsible authorities 
shall be is permitted.  Unless classified pursuant to section 
13.06, another statute, or federal law, summary data is public.  
The responsible authority shall prepare summary data from 
private or confidential data on individuals upon the request of 
any person, provided that if the request is in writing and the 
cost of preparing the summary data is borne by the requesting 
person.  The responsible authority may delegate the power to 
prepare summary data (1) to the administrative officer 
responsible for any central repository of summary data; or (2) 
to a person outside of its agency if the person, in writing, 
sets forth, in writing, his purpose and agrees not to disclose, 
and the agency reasonably determines that the access will not 
compromise private or confidential data on individuals.  
    Sec. 8.  Minnesota Statutes 1982, section 13.05, 
subdivision 9, is amended to read: 
    Subd. 9.  [INTERGOVERNMENTAL ACCESS OF DATA.] A responsible 
authority shall allow another responsible authority access to 
data classified as not public only when the access is authorized 
or required by statute or federal law.  An agency that supplies 
government data under this subdivision may require the 
requesting agency to pay the actual cost of supplying the data.  
    Data shall have the same classification in the hands of the 
agency receiving it as it had in the agency providing it.  
    Sec. 9.  Minnesota Statutes 1982, section 13.05, 
subdivision 10, is amended to read:  
    Subd. 10.  [INTERNATIONAL DISSEMINATION PROHIBITED.] No 
state agency or political subdivision shall transfer or 
disseminate any private or confidential data on individuals to 
the private international organization known as Interpol, except 
through the Interpol-United States National Central Bureau, 
United States Department of Justice.  
    Sec. 10.  Minnesota Statutes 1982, section 13.06, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPLICATION TO COMMISSIONER.] 
Notwithstanding the provisions of section 13.03, the responsible 
authority of a state agency, political subdivision, or statewide 
system may apply to the commissioner for permission to classify 
data or types of data on individuals as private or confidential, 
or data not on individuals as non-public or protected 
non-public, for its own use and for the use of other similar 
agencies, political subdivisions, or statewide systems on a 
temporary basis until a proposed statute can be acted upon by 
the legislature.  The application for temporary classification 
is public. 
    Upon the filing of an application for temporary 
classification, the data which is the subject of the application 
shall be deemed to be classified as set forth in the application 
for a period of 45 days, or until the application is disapproved 
, rejected, or granted by the commissioner, whichever is earlier.
    If the commissioner determines that an application has been 
submitted for purposes not consistent with this section, the 
commissioner may immediately reject the application, give notice 
of that rejection to the applicant, and return the application. 
When the applicant receives the notice of rejection from the 
commissioner, the data which was the subject of the application 
shall have the classification it had before the application was 
submitted to the commissioner.  
    Sec. 11.  Minnesota Statutes 1982, section 13.06, 
subdivision 6, is amended to read: 
    Subd. 6.  [EXPIRATION OF TEMPORARY CLASSIFICATION.] 
Emergency classifications granted before July 1, 1979 are 
redesignated as temporary classifications.  All A temporary 
classifications classification granted under this section prior 
to April 24, 1980 and still in effect, and all temporary 
classifications thereafter applied for and granted pursuant to 
this section shall expire on July 31, 1981 or 24 months ten days 
after the classification is granted, whichever occurs later end 
of the second complete regular legislative session that follows 
the commissioner's granting of the temporary classification. 
    Sec. 12.  Minnesota Statutes 1982, section 13.31, 
subdivision 2, is amended to read: 
    Subd. 2.  [PUBLIC DATA.] The names and addresses of 
applicants for and recipients of benefits characterized as the 
urban homesteading, home ownership, and new housing programs 
operated by a housing and redevelopment authority in a city of 
the first class, aid, or assistance through programs 
administered by any political subdivision, state agency, or 
statewide system that are intended to assist with the purchase 
of housing or other real property are classified as public data 
on individuals. 
     Sec. 13.  Minnesota Statutes 1982, section 13.31, 
subdivision 3, is amended to read: 
    Subd. 3.  [PRIVATE DATA.] Unless otherwise provided by law, 
all other benefit data is private data on individuals, and shall 
not be disclosed except pursuant to a valid court order or to an 
agent of the state agency, political subdivision, or statewide 
system, including appropriate law enforcement personnel, who are 
acting in an investigation or prosecution of a criminal or civil 
proceeding relating to the administration of a program described 
in subdivision 1.  
     Sec. 14.  Minnesota Statutes 1982, section 13.32, 
subdivision 3, is amended to read: 
    Subd. 3.  Except as provided in subdivision 5, educational 
data is private data on individuals and shall not be disclosed 
except as follows: 
    (a) Pursuant to section 13.05; 
    (b) Pursuant to a valid court order; 
    (c) Pursuant to a statute specifically authorizing access 
to the private data; 
    (d) To disclose information in health and safety 
emergencies pursuant to the provisions of 20 U.S.C., Section 
1232g(b)(1)(I) and 45 C.F.R., Section 99.36 which are in effect 
on July 1, 1979; 
    (e) Pursuant to the provisions of 20 U.S.C., Sections 
1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3) and 45 
C.F.R., Sections 99.31, 99.32, 99.33, 99.34 and 99.35 which are 
in effect on July 1, 1979; or 
    (f) To appropriate health authorities but only to the 
extent necessary to administer immunization programs and for 
bona fide epidemiologic investigations which the commissioner of 
health determines are necessary to prevent disease or disability 
to individuals in the public educational agency or institution 
in which the investigation is being conducted. 
    Sec. 15.  Minnesota Statutes 1982, section 13.37, 
subdivision 2, is amended to read:  
    Subd. 2.  [CLASSIFICATION.] The following government data 
is classified as nonpublic data with regard to data not on 
individuals, pursuant to section 13.02, subdivision 9, and as 
private data with regard to data on individuals, pursuant to 
section 13.02, subdivision 12:  Security information,; trade 
secret information,; sealed absentee ballots prior to opening by 
an election judge,; sealed bids, including the number of bids 
received, prior to the opening of the bid, bids; and labor 
relations information.  Provided that specific labor relations 
information which relates to a specific labor organization is 
classified as protected nonpublic data pursuant to section 
13.02, subdivision 13. 
    Sec. 16.  Minnesota Statutes 1982, section 13.41, is 
amended by adding a subdivision to read:  
    Subd. 5.  [RELEASING DATA.] Any licensing agency may make 
any data classified as private or confidential pursuant to this 
section accessible to an appropriate person or agency if the 
licensing agency determines that failure to make the data 
accessible is likely to create a clear and present danger to 
public health or safety.  
    Sec. 17.  Minnesota Statutes 1982, section 13.43, 
subdivision 2, is amended to read: 
    Subd. 2.  [PUBLIC DATA.] 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 
status of any complaints or charges against the employee, 
whether or not the complaint or charge resulted in a 
disciplinary action; and the final disposition of any 
disciplinary action and supporting documentation; work location; 
a work telephone number; badge number; honors and awards 
received; data which accounts for the individual's work time 
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. 
    Sec. 18.  Minnesota Statutes 1982, section 13.44, is 
amended to read: 
    13.44 [PROPERTY COMPLAINT DATA.] 
    The names identities of individuals who register complaints 
with state agencies or political subdivisions concerning 
violations of state laws or local ordinances concerning the use 
of real property are classified as confidential data, pursuant 
to section 13.02, subdivision 3.  
    Sec. 19.  Minnesota Statutes 1982, section 13.46, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] As used in this section: 
    (a) "Individual" means an individual pursuant to section 
13.02, subdivision 8, but does not include a vendor of services. 
    (b) "Program" includes all programs for which authority is 
vested in a component of the welfare system pursuant to statute 
or federal law.  
    (c) "Welfare system" includes the department of public 
welfare, county welfare boards, county welfare agencies, human 
services boards, community mental health center boards, state 
hospitals, state nursing homes, and persons, agencies, 
institutions, organizations, and other entities under contract 
to any of the above agencies to the extent specified in the 
contract. 
    Sec. 20.  Minnesota Statutes 1983 Supplement, section 
13.46, subdivision 2, is amended to read: 
    Subd. 2.  [GENERAL.] 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:  
    (a) Pursuant to section 13.05;  
    (b) Pursuant to a valid court order;  
    (c) Pursuant to a statute specifically authorizing access 
to the private data;  
    (d) To an agent of the welfare system, including 
appropriate law enforcement personnel, who are acting in the 
investigation, prosecution, criminal or civil proceeding 
relating to the administration of a program;  
    (e) 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;  
    (f) To administer federal funds or programs;  
    (g) Between personnel of the welfare system working in the 
same program; 
    (h) The amounts of cash public assistance and relief paid 
to welfare recipients in this state, including their names and 
social security numbers, upon request by the department of 
revenue to administer the property tax refund law, supplemental 
housing allowance, and the income tax; or 
    (i) To the Minnesota department of economic security for 
the purpose of monitoring the eligibility of the data subject 
for unemployment compensation or for any employment or training 
program administered by that agency, whether alone or in 
conjunction with the welfare system.  
    Data on individual clients or patients of public or private 
community mental health centers, established by section 245.62, 
or mental health divisions of counties and other providers under 
contract to deliver mental health services shall be treated as 
provided in subdivisions 7, 8, and 9.  
    Sec. 21.  Minnesota Statutes 1982, section 13.46, is 
amended by adding a subdivision to read:  
    Subd. 7.  [MENTAL HEALTH CENTER DATA.] Data on individual 
clients and patients of public or private community mental 
health centers or mental health divisions of counties and other 
providers under contract to deliver mental health services shall 
not be disclosed, except:  
    (a) pursuant to section 13.05;  
    (b) pursuant to court order; or 
    (c) pursuant to a statutes specifically authorizing access 
to or disclosure of private data.  
    Sec. 22.  Minnesota Statutes 1982, section 13.46, is 
amended by adding a subdivision to read:  
    Subd. 8.  [ACCESS FOR AUDITING.] To the extent required by 
state or federal law, representatives of federal, state, or 
local agencies shall have access to data maintained by public or 
private community mental health centers, mental health divisions 
of counties, and other providers under contract to deliver 
mental health services which is necessary to achieve the purpose 
of auditing.  Public or private community mental health centers, 
mental health divisions of counties, and other providers under 
contract to deliver mental health services shall not permit this 
data to identify any particular patient or client by name or 
contain any other unique personal identifier.  
    Sec. 23.  Minnesota Statutes 1982, section 13.46, is 
amended by adding a subdivision to read: 
    Subd. 9.  [FRAUD.] In cases of suspected fraud, in which 
access to mental health data maintained by public or private 
community mental health centers or mental health divisions of 
counties and other providers under contract to deliver mental 
health services is necessary to a proper investigation, the 
county board or the appropriate prosecutorial authority shall 
refer the matter to the commissioner of public welfare.  The 
commissioner and his agents, while maintaining the privacy 
rights of individuals and families, shall have access to mental 
health data to conduct an investigation.  If, as a result of the 
investigation, the commissioner deems it appropriate, he shall 
refer the matter to the appropriate legal authorities and may 
disseminate to those authorities whatever mental health data are 
necessary to properly prosecute the case.  
    Sec. 24.  Minnesota Statutes 1982, section 13.46, is 
amended by adding a subdivision to read:  
    Subd. 10.  [RESPONSIBLE AUTHORITY.] Notwithstanding any 
other provision of chapter 13 to the contrary, the responsible 
authority for each component of the welfare system listed in 
subdivision 1, clause (c), shall be as follows:  
    (a) The responsible authority for the department of public 
welfare, state hospitals, and nursing homes is the commissioner 
of the department of public welfare;  
    (b) The responsible authority of a county welfare agency is 
the director of the county welfare agency;  
    (c) The responsible authority for a county welfare board, 
human services board, or community mental health center board is 
the chairman of the board; and 
    (d) The responsible authority of any person, agency, 
institution, organization, or other entity under contract to any 
of the components of the welfare system listed in subdivision 1, 
clause (c), of this section is the person specified in the 
contract.  
    A responsible authority shall allow another responsible 
authority in the welfare system access to data classified as 
restricted when access is necessary for the administration and 
management of programs, or is authorized or required by statute 
or federal law.  
    Sec. 25.  [13.58] [HOMESTEAD APPLICATION DATA.] 
    The following data collected and maintained by political 
subdivisions are classified as private data pursuant to section 
13.02, subdivision 12:  the social security account numbers and 
detailed financial data submitted by individuals who are 
applying for class 3cc homestead classifications pursuant to 
section 273.13.  
    Sec. 26.  [13.59] [REDEVELOPMENT DATA.] 
    Subdivision 1.  [PRIVATE DATA.] The following data 
collected in surveys of individuals conducted by cities and 
housing and redevelopment authorities for the purposes of 
planning, development, and redevelopment, are classified as 
private data pursuant to section 13.02, subdivision 12:  the 
names and addresses of individuals and the legal descriptions of 
property owned by individuals.  
    Subd. 2.  [NONPUBLIC DATA.] The following data collected in 
surveys of businesses conducted by cities and housing and 
redevelopment authorities, for the purposes of planning, 
development, and redevelopment, are classified as nonpublic data 
pursuant to section 13.02, subdivision 9:  the names, addresses, 
and legal descriptions of business properties and the commercial 
use of the property to the extent disclosure of the use would 
identify a particular business.  
    Sec. 27.  [13.60] [ELECTED OR APPOINTED OFFICIALS; 
FINANCIAL DISCLOSURE STATEMENTS.] 
    Financial disclosure statements of elected or appointed 
officials which, by requirement of the political subdivision, 
are filed with the political subdivision, are public data on 
individuals.  
    Sec. 28.  [13.64] [DEPARTMENT OF ADMINISTRATION DATA.] 
    Notes and preliminary drafts of reports created, collected, 
or maintained by the management analysis division, department of 
administration, and prepared during audits or investigations of 
state departments and agencies are classified as confidential or 
protected nonpublic data until the final report has been 
published or preparation of the report is no longer being 
actively pursued.  Data that support the conclusions of the 
report and that the commissioner of administration reasonably 
believes will result in litigation are confidential or protected 
nonpublic until the litigation has been completed or until the 
litigation is no longer being actively pursued.  Data on 
individuals that could reasonably be used to determine the 
identity of an individual supplying data for a report are 
private if (a) the data supplied by the individual were needed 
for an audit and (b) the data would not have been provided to 
the management analysis division without an assurance to the 
individual that his identity would remain private.  
    Sec. 29.  Minnesota Statutes 1982, section 13.67, is 
amended to read: 
    13.67 [EMPLOYEE RELATIONS DATA.] 
    The following data collected, created, or maintained by the 
department of employee relations are classified as nonpublic 
data pursuant to section 13.02, subdivision 9:  
    (a) The commissioner's plan prepared by the department, 
pursuant to section 3.855, which governs the compensation and 
terms and conditions of employment for employees not covered by 
collective bargaining agreements until the plan is submitted to 
the legislative commission on employee relations;  
    (b) Data pertaining to grievance or interest arbitration 
that has not been presented to the arbitrator or other party 
during the arbitration process; and 
    (c) Notes and preliminary drafts of reports prepared during 
personnel investigations and personnel management reviews of 
state departments and agencies; and 
    (d) The managerial plan prepared by the department pursuant 
to section 43A.18 that governs the compensation and terms and 
conditions of employment for employees in managerial positions, 
as specified in section 43A.18, subdivision 3, and for employees 
in the career executive service pursuant to section 43A.18, 
subdivision 3, clause (c), until the plan is submitted to the 
legislative commission on employee relations. 
    Sec. 30.  [13.74] [ENVIRONMENTAL QUALITY DATA.] 
    The following data collected and maintained by the 
environmental quality board are classified as private data 
pursuant to section 13.02, subdivision 12:  the names and 
addresses of individuals who submitted information and letters 
concerning personal health problems associated with transmission 
lines.  
    Sec. 31.  [13.75] [BUREAU OF MEDIATION SERVICES DATA.] 
    Subdivision 1.  [REPRESENTATION DATA.] Authorization 
signatures or cards furnished in support of a petition filed or 
election conducted under sections 179.16, 179.18 to 179.25, and 
179.67, and all ballots, prior to the time of tabulation, are 
classified as protected nonpublic data with regard to data not 
on individuals pursuant to section 13.02, subdivision 13, and as 
confidential data on individuals with regard to data on 
individuals pursuant to section 13.02, subdivision 3.  
    Subd. 2.  [MEDIATION DATA.] All data received or maintained 
by the director of the bureau of mediation services or his staff 
during the course of providing mediation services to the parties 
to a labor dispute under the provisions of chapter 179 are 
classified as protected nonpublic data with regard to data not 
on individuals, pursuant to section 13.02, subdivision 13, and 
as confidential data on individuals pursuant to section 13.02, 
subdivision 3, except to the extent the director of the bureau 
of mediation services determines such data are necessary to 
fulfill the requirements of section 179.71, subdivisions 5 and 
6, or to identify the general nature of or parties to a labor 
dispute.  
    Sec. 32.  Minnesota Statutes 1983 Supplement, section 
48.512, subdivision 3, is amended to read: 
    Subd. 3.  [CONFIRM NO INVOLUNTARY CLOSING.] Before opening 
or authorizing signatory power over a transaction account, the 
financial intermediary shall attempt to verify the information 
disclosed for subdivision 2, clause (i).  The financial 
intermediary may not open or authorize signatory power over a 
transaction account if (i) the applicant had a transaction 
account closed by a financial intermediary without his consent 
because of his issuance of dishonored checks within 12 months 
immediately preceding the application, or (ii) the applicant has 
been convicted of a criminal offense because of the use of a 
check or other similar item within 24 months immediately 
preceding the application.  
    If the transaction account is refused pursuant to this 
subdivision, the reasons for the refusal shall be given to the 
applicant in writing and the applicant shall be allowed to 
provide additional information.  
    Sec. 33.  [144.336] [REGISTRY OF PERSONS TYPED FOR HUMAN 
LEUKOCYTE ANTIGENS.] 
    Subdivision 1.  [RELEASE RESTRICTED.] No person, including 
the state, a state agency, or a political subdivision, that 
maintains or operates a registry of the names of person, their 
human leukocyte antigen types, and their willingness to be a 
tissue donor shall reveal the identity of the person or his 
human leukocyte antigen type without the person's consent.  If 
the data are maintained by a governmental entity, the data are 
classified as private data on individuals as defined in section 
13.02, subdivision 12.  
    Subd. 2.  [DUTIES.] Persons that maintain or operate a 
registry described in subdivision 1 have no responsibility for 
any search beyond their own records to identify potential donors 
for the benefit of any person seeking a tissue transplant and 
have no duty to encourage potential donors to assist persons 
seeking a tissue transplant, and are not liable for their 
failure to do so.  
    Sec. 34.  Minnesota Statutes 1983 Supplement, section 
609.535, subdivision 7, is amended to read: 
    Subd. 7.  [RELEASE OF ACCOUNT INFORMATION TO PAYEE OR 
HOLDER.] A drawee shall release the information specified in 
clauses (1) and (2) to the payee or holder of a check that has 
been dishonored who makes a written request for this information 
and states in writing that the check has been dishonored and 
that 30 days have elapsed since the mailing of the notice 
described in subdivision 8 and who accompanies this request with 
a copy of the dishonored check and a copy of the notice of 
dishonor.  
    The requesting payee or holder shall notify the drawee 
immediately to cancel this request if payment is made before the 
drawee has released this information.  
    This subdivision applies to the following information 
relating to the drawer's account:  
    (1) Whether at the time the check was issued or presented 
for payment the drawer had sufficient funds or credit with the 
drawee, and whether at that time the account was open, closed, 
or restricted for any reason and the date it was closed or 
restricted; and 
    (2) The last known home address and telephone number of the 
drawer.  A The drawee may be liable in a civil or criminal 
proceeding for releasing may not release the business address or 
business telephone number of the place of employment of the 
drawer to the payee or holder unless the drawer is a business 
entity or the place of employment is the home.  
    The drawee shall release all of the information described 
in clauses (1) and (2) that it possesses within ten days after 
receipt of a request conforming to all of the provisions of this 
subdivision.  The drawee may require the person requesting the 
information to pay the reasonable costs, not to exceed 15 cents 
per page, of reproducing and mailing the requested information.  
    A drawee is not liable in a criminal or civil proceeding 
for releasing information in accordance with this subdivision.  
    Sec. 35.  [EFFECTIVE DATE.] 
    Sections 1 to 34 are effective the day following final 
enactment. 
    Approved April 23, 1984

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