Minnesota Office of the Revisor of Statutes
[*Add Subtitle/link: Office]

Menu

Revisor of Statutes Menu

Minnesota Session Laws

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

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 440-S.F.No. 2410 
                  An act relating to privacy; providing for the 
                  classification of and access to government data; 
                  indexing statutes that restrict data access and are 
                  located outside chapter 13; defining criminal justice 
                  agency; making parking space leasing data private; 
                  making directory information on persons subject to 
                  civil commitment private after their release; 
                  authorizing disclosure of certain personnel data to 
                  government entities for protection purposes; 
                  authorizing the release and disclosure of certain data 
                  to the department of children, families, and learning 
                  and the commissioner of health; classifying pawnshop 
                  data; modifying the requirements for health care 
                  provider identification numbers; authorizing 
                  disclosure of birth registration data on unwed mothers 
                  to county social services; establishing procedures for 
                  disclosing certain nonpublic data related to group 
                  purchasers; requiring the office of mental health 
                  practice to establish procedures for the exchange of 
                  information; authorizing release of health records for 
                  research purposes under certain conditions; providing 
                  that no fee or surcharge may be imposed for requests 
                  for public information concerning motor vehicle 
                  registration under certain circumstances; expanding 
                  juvenile court reporting requirements to include all 
                  felony and gross misdemeanor offenses; classifying 
                  data that identifies members of the criminal alert 
                  network; requiring the bureau of criminal apprehension 
                  to maintain the computerized juvenile criminal history 
                  record system; amending Minnesota Statutes 1994, 
                  sections 13.02, by adding a subdivision; 13.03, 
                  subdivision 4; 13.32, subdivisions 3 and 5; 13.37, 
                  subdivisions 1 and 2; 13.40, subdivision 2; 13.42, 
                  subdivisions 1 and 2; 13.43, by adding subdivisions; 
                  13.82, subdivision 13, and by adding a subdivision; 
                  13.99, subdivision 19c, and by adding subdivisions; 
                  62J.51, by adding subdivisions; 62J.56, subdivision 2; 
                  62J.60, subdivisions 2 and 3; 144.225, subdivision 2, 
                  and by adding a subdivision; 145.64, by adding a 
                  subdivision; 148B.66, by adding a subdivision; 
                  150A.081; 168.345, subdivision 3, and by adding a 
                  subdivision; 168.346; 171.12, subdivision 7, and by 
                  adding a subdivision; 260.161, subdivisions 1 and 1a; 
                  299C.095; and 299C.46, subdivision 2; Minnesota 
                  Statutes 1995 Supplement, sections 13.43, subdivision 
                  2; 13.46, subdivision 2; 13.99, subdivision 38b; 
                  62J.451, subdivisions 7, 9, and 12; 62J.54, 
                  subdivisions 1, 2, and 3; 62J.58; 62Q.03, subdivision 
                  9; 144.335, subdivision 3a; 268.12, subdivision 12; 
                  299A.61; and 299C.10, subdivision 1; proposing coding 
                  for new law in Minnesota Statutes, chapter 13. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1
           Section 1.  Minnesota Statutes 1994, section 13.02, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [CRIMINAL JUSTICE AGENCIES.] "Criminal justice 
        agencies" means all state and local prosecution authorities, all 
        state and local law enforcement agencies, the sentencing 
        guidelines commission, the bureau of criminal apprehension, the 
        department of corrections, and all probation officers who are 
        not part of the judiciary. 
           Sec. 2.  Minnesota Statutes 1994, section 13.03, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CHANGE IN CLASSIFICATION OF DATA; EFFECT OF 
        DISSEMINATION AMONG AGENCIES.] (a) 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. 
           (b) 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.  
           (c) 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. 
           (d) If a state agency, statewide system, or political 
        subdivision disseminates data to another state agency, statewide 
        system, or political subdivision, a classification provided for 
        by law in the hands of the entity receiving the data does not 
        affect the classification of the data in the hands of the entity 
        that disseminates the data. 
           Sec. 3.  Minnesota Statutes 1994, section 13.32, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 
        Except as provided in subdivision 5, educational data is private 
        data on individuals and shall not be disclosed except as follows:
           (a) Pursuant to section 13.05; 
           (b) Pursuant to a valid court order; 
           (c) Pursuant to a statute specifically authorizing access 
        to the private data; 
           (d) To disclose information in health and safety 
        emergencies pursuant to the provisions of United States Code, 
        title 20, section 1232g(b)(1)(I) and Code of Federal 
        Regulations, title 34, section 99.36 which are in effect on July 
        1, 1993; 
           (e) Pursuant to the provisions of United States Code, title 
        20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 
        (b)(3) and Code of Federal Regulations, title 34, sections 
        99.31, 99.32, 99.33, 99.34, and 99.35 which are in effect on 
        July 1, 1993; 
           (f) To appropriate health authorities to the extent 
        necessary to administer immunization programs and for bona fide 
        epidemiologic investigations which the commissioner of health 
        determines are necessary to prevent disease or disability to 
        individuals in the public educational agency or institution in 
        which the investigation is being conducted; 
           (g) When disclosure is required for institutions that 
        participate in a program under title IV of the Higher Education 
        Act, United States Code, title 20, chapter 1092, in effect on 
        July 1, 1993; or 
           (h) To the appropriate school district officials to the 
        extent necessary under subdivision 6, annually to indicate the 
        extent and content of remedial instruction, including the 
        results of assessment testing and academic performance at a 
        post-secondary institution during the previous academic year by 
        a student who graduated from a Minnesota school district within 
        two years before receiving the remedial instruction; or 
           (i) To volunteers who are determined to have a legitimate 
        educational interest in the data and who are conducting 
        activities and events sponsored by or endorsed by the 
        educational agency or institution for students or former 
        students. 
           Sec. 4.  Minnesota Statutes 1994, section 13.32, 
        subdivision 5, is amended to read: 
           Subd. 5.  [DIRECTORY INFORMATION.] Information designated 
        as directory information pursuant to the provisions of United 
        States Code, title 20, section 1232g and Code of Federal 
        Regulations, title 34, section 99.37 which are in effect on July 
        1, 1993, is public data on individuals.  When conducting the 
        directory information designation and notice process required by 
        federal law, an educational agency or institution shall give 
        parents and students notice of the right to refuse to let the 
        agency or institution designate any or all data about the 
        student as directory information.  This notice may be given by 
        any means reasonably likely to inform the parents and students 
        of the right. 
           Sec. 5.  Minnesota Statutes 1994, 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. 
           Sec. 6.  Minnesota Statutes 1994, 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 bids; parking space 
        leasing data; 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. 7.  Minnesota Statutes 1994, section 13.40, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PRIVATE DATA; LIBRARY BORROWERS.] (a) Except as 
        provided in paragraph (b), the following data maintained by a 
        library are private data on individuals and may not be disclosed 
        for other than library purposes except pursuant to a court order:
           (1) data that link a library patron's name with materials 
        requested or borrowed by the patron or that link a patron's name 
        with a specific subject about which the patron has requested 
        information or materials; or 
           (2) data in applications for borrower cards, other than the 
        name of the borrower. 
           (b) A library may release reserved materials to a family 
        member or other person who resides with a library patron and who 
        is picking up the material on behalf of the patron.  A patron 
        may request that reserved materials be released only to the 
        patron. 
           Sec. 8.  Minnesota Statutes 1994, section 13.42, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITION.] As used in this section:  (a) 
        "Directory information" means name of the patient, date 
        admitted, and general condition, and date released. 
           (b) "Medical data" means data collected because an 
        individual was or is a patient or client of a hospital, nursing 
        home, medical center, clinic, health or nursing agency operated 
        by a state agency or political subdivision including business 
        and financial records, data provided by private health care 
        facilities, and data provided by or about relatives of the 
        individual. 
           Sec. 9.  Minnesota Statutes 1994, section 13.42, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PUBLIC HOSPITALS; DIRECTORY INFORMATION.] If (a) 
        During the time that a person is a patient in a hospital 
        operated by a state agency or political subdivision pursuant to 
        legal commitment, directory information is public data.  After 
        the person is released, the directory information is private 
        data on individuals. 
           (b) If a person is a patient other than pursuant to 
        commitment in a hospital controlled by a state agency or 
        political subdivision, directory information is public data 
        unless the patient requests otherwise, in which case it is 
        private data on individuals.  
           (c) Directory information about an emergency patient who is 
        unable to communicate which is public under this subdivision 
        shall not be released until a reasonable effort is made to 
        notify the next of kin.  Although an individual has requested 
        that directory information be private, the hospital may release 
        directory information to a law enforcement agency pursuant to a 
        lawful investigation pertaining to that individual. 
           Sec. 10.  Minnesota Statutes 1995 Supplement, 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: 
           (1) name; actual gross salary; salary range; contract fees; 
        actual gross pension; the value and nature of employer paid 
        fringe benefits; and the basis for and the amount of any added 
        remuneration, including expense reimbursement, in addition to 
        salary; 
           (2) job title; job description; education and training 
        background; and previous work experience; 
           (3) date of first and last employment; 
           (4) the existence and status of any complaints or charges 
        against the employee, regardless of whether the complaint or 
        charge resulted in a disciplinary action; 
           (5) the final disposition of any disciplinary action 
        together with the specific reasons for the action and data 
        documenting the basis of the action, excluding data that would 
        identify confidential sources who are employees of the public 
        body; 
           (6) the terms of any agreement settling any dispute arising 
        out of an employment relationship or of, including a buyout 
        agreement, as defined in section 123.34, subdivision 9a, 
        paragraph (a); except that the agreement must include specific 
        reasons for the agreement if it involves the payment of more 
        than $10,000 of public money; 
           (7) work location; a work telephone number; badge number; 
        and honors and awards received; and 
           (8) payroll time sheets or other comparable data that are 
        only used to account for employee's work time for payroll 
        purposes, except to the extent that release of time sheet data 
        would reveal the employee's reasons for the use of sick or other 
        medical leave or other not public data; and city and county of 
        residence. 
           (b) For purposes of this subdivision, a final disposition 
        occurs when the state agency, statewide system, or political 
        subdivision makes its final decision about the disciplinary 
        action, regardless of the possibility of any later proceedings 
        or court proceedings.  In the case of arbitration proceedings 
        arising under collective bargaining agreements, a final 
        disposition occurs at the conclusion of the arbitration 
        proceedings, or upon the failure of the employee to elect 
        arbitration within the time provided by the collective 
        bargaining agreement.  Final disposition includes a resignation 
        by an individual when the resignation occurs after the final 
        decision of the state agency, statewide system, political 
        subdivision, or arbitrator. 
           (c) The state agency, statewide system, or political 
        subdivision may display a photograph of a current or former 
        employee to a prospective witness as part of the state agency's, 
        statewide system's, or political subdivision's investigation of 
        any complaint or charge against the employee. 
           (d) A complainant has access to a statement provided by the 
        complainant to a state agency, statewide system, or political 
        subdivision in connection with a complaint or charge against an 
        employee. 
           (e) Notwithstanding paragraph (a), clause (5), upon 
        completion of an investigation of a complaint or charge against 
        a public official, or if a public official resigns or is 
        terminated from employment while the complaint or charge is 
        pending, all data relating to the complaint or charge are 
        public, unless access to the data would jeopardize an active 
        investigation or reveal confidential sources.  For purposes of 
        this paragraph, "public official" means: 
           (1) the head of a state agency and deputy and assistant 
        state agency heads; 
           (2) members of boards or commissions required by law to be 
        appointed by the governor or other elective officers; and 
           (3) executive or administrative heads of departments, 
        bureaus, divisions, or institutions. 
           Sec. 11.  Minnesota Statutes 1994, section 13.43, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [PROHIBITION ON AGREEMENTS LIMITING DISCLOSURE 
        OR DISCUSSION OF PERSONNEL DATA.] (a) A state agency, statewide 
        system, or political subdivision may not enter into an agreement 
        settling a dispute arising out of the employment relationship 
        with the purpose or effect of limiting access to or disclosure 
        of personnel data or limiting the discussion of information or 
        opinions related to personnel data.  An agreement or portion of 
        an agreement that violates this paragraph is void and 
        unenforceable. 
           (b) Paragraph (a) applies to the following, but only to the 
        extent that the data or information could otherwise be made 
        accessible to the public: 
           (1) an agreement not to discuss, publicize, or comment on 
        personnel data or information; 
           (2) an agreement that limits the ability of the subject of 
        personnel data to release or consent to the release of data; or 
           (3) any other provision of an agreement that has the effect 
        of limiting the disclosure or discussion of information that 
        could otherwise be made accessible to the public, except a 
        provision that limits the ability of an employee to release or 
        discuss private data that identifies other employees. 
           (c) Paragraph (a) also applies to a court order that 
        contains terms or conditions prohibited by paragraph (a). 
           Sec. 12.  Minnesota Statutes 1994, section 13.43, is 
        amended by adding a subdivision to read: 
           Subd. 11.  [PROTECTION OF EMPLOYEE OR OTHERS.] (a) If the 
        responsible authority or designee of a state agency, statewide 
        system, or political subdivision reasonably determines that the 
        release of personnel data is necessary to protect an employee 
        from harm to self or to protect another person who may be harmed 
        by the employee, data that are relevant to the concerns for 
        safety may be released as provided in this subdivision. 
           (b) The data may be released: 
           (1) to the person who may be harmed and to an attorney 
        representing the person when the data are relevant to obtaining 
        a restraining order; 
           (2) to a prepetition screening team conducting an 
        investigation of the employee under section 253B.07, subdivision 
        1; or 
           (3) to a court, law enforcement agency, or prosecuting 
        authority. 
           (c) Section 13.03, subdivision 4, paragraph (c), applies to 
        data released under this subdivision, except to the extent that 
        the data have a more restrictive classification in the 
        possession of the agency or authority that receives the data.  
        If the person who may be harmed or the person's attorney 
        receives data under this subdivision, the data may be used or 
        released further only to the extent necessary to protect the 
        person from harm. 
           Sec. 13.  Minnesota Statutes 1995 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) pursuant to section 13.05; 
           (2) pursuant to court order; 
           (3) pursuant to a statute specifically authorizing access 
        to the private data; 
           (4) to an agent of the welfare system, including a law 
        enforcement person, attorney, or investigator acting for it in 
        the investigation or prosecution of a criminal or civil 
        proceeding relating to the administration of a program; 
           (5) to personnel of the welfare system who require the data 
        to determine eligibility, amount of assistance, and the need to 
        provide services of additional programs to the individual; 
           (6) to administer federal funds or programs; 
           (7) between personnel of the welfare system working in the 
        same program; 
           (8) the amounts of cash public assistance and relief paid 
        to welfare recipients in this state, including their names, 
        social security numbers, income, addresses, and other data as 
        required, upon request by the department of revenue to 
        administer the property tax refund law, supplemental housing 
        allowance, early refund of refundable tax credits, and the 
        income tax.  "Refundable tax credits" means the dependent care 
        credit under section 290.067, the Minnesota working family 
        credit under section 290.0671, the property tax refund under 
        section 290A.04, and, if the required federal waiver or waivers 
        are granted, the federal earned income tax credit under section 
        32 of the Internal Revenue Code; 
           (9) to the Minnesota department of economic security for 
        the purpose of monitoring the eligibility of the data subject 
        for reemployment insurance, for any employment or training 
        program administered, supervised, or certified by that agency, 
        or for the purpose of administering any rehabilitation program, 
        whether alone or in conjunction with the welfare system, and to 
        verify receipt of energy assistance for the telephone assistance 
        plan; 
           (10) to appropriate parties in connection with an emergency 
        if knowledge of the information is necessary to protect the 
        health or safety of the individual or other individuals or 
        persons; 
           (11) data maintained by residential programs as defined in 
        section 245A.02 may be disclosed to the protection and advocacy 
        system established in this state pursuant to Part C of Public 
        Law Number 98-527 to protect the legal and human rights of 
        persons with mental retardation or other related conditions who 
        live in residential facilities for these persons if the 
        protection and advocacy system receives a complaint by or on 
        behalf of that person and the person does not have a legal 
        guardian or the state or a designee of the state is the legal 
        guardian of the person; 
           (12) to the county medical examiner or the county coroner 
        for identifying or locating relatives or friends of a deceased 
        person; 
           (13) data on a child support obligor who makes payments to 
        the public agency may be disclosed to the higher education 
        services office to the extent necessary to determine eligibility 
        under section 136A.121, subdivision 2, clause (5); 
           (14) participant social security numbers and names 
        collected by the telephone assistance program may be disclosed 
        to the department of revenue to conduct an electronic data match 
        with the property tax refund database to determine eligibility 
        under section 237.70, subdivision 4a; 
           (15) the current address of a recipient of aid to families 
        with dependent children may be disclosed to law enforcement 
        officers who provide the name and social security number of the 
        recipient and satisfactorily demonstrate that:  (i) the 
        recipient is a fugitive felon, including the grounds for this 
        determination; (ii) the location or apprehension of the felon is 
        within the law enforcement officer's official duties; and (iii) 
        the request is made in writing and in the proper exercise of 
        those duties; 
           (16) the current address of a recipient of general 
        assistance, work readiness, or general assistance medical care 
        may be disclosed to probation officers and corrections agents 
        who are supervising the recipient, and to law enforcement 
        officers who are investigating the recipient in connection with 
        a felony level offense; 
           (17) information obtained from food stamp applicant or 
        recipient households may be disclosed to local, state, or 
        federal law enforcement officials, upon their written request, 
        for the purpose of investigating an alleged violation of the 
        food stamp act, in accordance with Code of Federal Regulations, 
        title 7, section 272.1(c); 
           (18) data on a child support obligor who is in arrears may 
        be disclosed for purposes of publishing the data pursuant to 
        section 518.575; 
           (19) data on child support payments made by a child support 
        obligor may be disclosed to the obligee; or 
           (20) data in the work reporting system may be disclosed 
        under section 256.998, subdivision 7; 
           (21) to the department of children, families, and learning 
        for the purpose of matching department of children, families, 
        and learning student data with public assistance data to 
        determine students eligible for free and reduced price meals, 
        meal supplements, and free milk pursuant to United States Code, 
        title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
        produce accurate numbers of students receiving aid to families 
        with dependent children as required by section 124.175; and to 
        allocate federal and state funds that are distributed based on 
        income of the student's family; or 
           (22) the current address and telephone number of program 
        recipients and emergency contacts may be released to the 
        commissioner of health or a local board of health as defined in 
        section 145A.02, subdivision 2, when the commissioner or local 
        board of health has reason to believe that a program recipient 
        is a disease case, carrier, suspect case, or at risk of illness, 
        and the data are necessary to locate the person. 
           (b) Information on persons who have been treated for drug 
        or alcohol abuse may only be disclosed in accordance with the 
        requirements of Code of Federal Regulations, title 42, sections 
        2.1 to 2.67. 
           (c) Data provided to law enforcement agencies under 
        paragraph (a), clause (15), (16), or (17), or 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. 14.  [13.621] [TWO HARBORS DEVELOPMENT COMMISSION 
        DATA.] 
           Subdivision 1.  [NONPUBLIC DATA.] The following data that 
        are submitted to the Two Harbors development commission by 
        businesses that are requesting financial assistance are 
        nonpublic data:  financial statements, business plans, income 
        and expense projections, customer lists, balance sheets, net 
        worth calculations, and market data, including feasibility 
        studies not paid for with public funds. 
           Subd. 2.  [PUBLIC DATA.] Data submitted to the commission 
        under subdivision 1 become public data if the commission 
        provides financial assistance to the business except that the 
        following data remain nonpublic:  business plans, income and 
        expense projections, customer lists, and market data, including 
        feasibility studies not paid for with public funds. 
           Sec. 15.  [13.622] [MOORHEAD ECONOMIC DEVELOPMENT AUTHORITY 
        DATA.] 
           Subdivision 1.  [NONPUBLIC DATA.] The following data 
        submitted to the city of Moorhead and to the Moorhead economic 
        development authority by businesses that are requesting 
        financial assistance are nonpublic data:  financial statements, 
        business plans, income and expense projections, customer lists, 
        balance sheets, and market and feasibility studies not paid for 
        with public funds. 
           Subd. 2.  [PUBLIC DATA.] Data submitted to the city and the 
        city's economic development authority under subdivision 1 become 
        public data if the city provides financial assistance to the 
        business except that the following data remain nonpublic:  
        business plans, income and expense projections, customer lists, 
        and market and feasibility studies not paid for with public 
        funds. 
           Sec. 16.  Minnesota Statutes 1994, section 13.82, 
        subdivision 13, is amended to read: 
           Subd. 13.  [PROPERTY DATA.] Data that uniquely describe 
        stolen, lost, confiscated, or recovered property or property 
        described in pawn shop transaction records are classified as 
        either private data on individuals or nonpublic data depending 
        on the content of the not public data.  
           Sec. 17.  Minnesota Statutes 1994, section 13.82, is 
        amended by adding a subdivision to read: 
           Subd. 18.  [PAWNSHOP DATA.] Data that would reveal the 
        identity of persons who are customers of a licensed pawnbroker 
        or secondhand goods dealer are private data on individuals.  
        Data describing the property in a regulated transaction with a 
        licensed pawnbroker or secondhand goods dealer are public. 
           Sec. 18.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 89a.  [CRIMINAL ALERT NETWORK.] Data on private 
        sector members of the criminal alert network are classified 
        under section 299A.61, subdivision 2. 
           Sec. 19.  Minnesota Statutes 1995 Supplement, section 
        62J.451, subdivision 7, is amended to read: 
           Subd. 7.  [DISSEMINATION OF REPORTS; OTHER INFORMATION.] 
        (a) The health data institute shall establish a mechanism for 
        the dissemination of reports and other information to consumers, 
        group purchasers, health plan companies, providers, and the 
        state.  When applicable, the health data institute shall 
        coordinate its dissemination of information responsibilities 
        with those of the commissioner, to the extent administratively 
        efficient and effective. 
           (b) The health data institute may require those requesting 
        data from its databases to contribute toward the cost of data 
        collection through the payments of fees. 
           (c) The health data institute shall not allow a group 
        purchaser or health care provider to use or have access to the 
        electronic data interchange system or to access data under 
        section 62J.452, subdivision 6 or 7, unless the group purchaser 
        or health care provider cooperates with the data collection 
        efforts of the health data institute by submitting or making 
        available through the EDI system or other means all data 
        requested by the health data institute.  The health data 
        institute shall prohibit group purchasers and health care 
        providers from transferring, providing, or sharing data obtained 
        from the health data institute under section 62J.452, 
        subdivision 6 or 7, with a group purchaser or health care 
        provider that does not cooperate with the data collection 
        efforts of the health data institute. 
           Sec. 20.  Minnesota Statutes 1995 Supplement, section 
        62J.451, subdivision 9, is amended to read: 
           Subd. 9.  [BOARD OF DIRECTORS.] The health data institute 
        is governed by a 20-member board of directors consisting of the 
        following members: 
           (1) two representatives of hospitals, one appointed by the 
        Minnesota Hospital Association and one appointed by the 
        Metropolitan HealthCare Council and Health Care Partnership, to 
        reflect a mix of urban and rural institutions; 
           (2) four representatives of health carriers, two appointed 
        by the Minnesota council of health maintenance organizations, 
        one appointed by Blue Cross and Blue Shield of Minnesota, and 
        one appointed by the Insurance Federation of Minnesota; 
           (3) two consumer members, one appointed by the 
        commissioner, and one appointed by the AFL-CIO as a labor union 
        representative; 
           (4) five group purchaser representatives appointed by the 
        Minnesota consortium of health care purchasers to reflect a mix 
        of urban and rural, large and small, and self-insured 
        purchasers; 
           (5) two physicians appointed by the Minnesota Medical 
        Association, to reflect a mix of urban and rural practitioners; 
           (6) one representative of teaching and research 
        institutions, appointed jointly by the Mayo Foundation and the 
        Minnesota Association of Public Teaching Hospitals; 
           (7) one nursing representative appointed by the Minnesota 
        Nurses Association; and 
           (8) three representatives of state agencies, one member 
        representing the department of employee relations, one member 
        representing the department of human services, and one member 
        representing the department of health. 
           Sec. 21.  Minnesota Statutes 1995 Supplement, section 
        62J.451, subdivision 12, is amended to read: 
           Subd. 12.  [STAFF.] The board may hire an executive 
        director.  The executive director and other health data 
        institute staff are not state employees but are covered by 
        section 3.736.  The executive director and other health data 
        institute staff may participate in the following plans for 
        employees in the unclassified service until January 1, 1996:  
        the state retirement plan, the state deferred compensation plan, 
        and the health, dental, and life insurance plans.  The attorney 
        general shall provide legal services to the board. 
           Sec. 22.  Minnesota Statutes 1994, section 62J.51, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [CARD ISSUER.] "Card issuer" means the group 
        purchaser who is responsible for printing and distributing 
        identification cards to members or insureds. 
           Sec. 23.  Minnesota Statutes 1994, section 62J.51, is 
        amended by adding a subdivision to read: 
           Subd. 6a.  [CLAIM STATUS TRANSACTION SET (ANSI ASC X12 
        276/277).] "Claim status transaction set (ANSI ASC X12 276/277)" 
        means the transaction format developed and approved for 
        implementation in December 1993 and used by providers to request 
        and receive information on the status of a health care claim or 
        encounter that has been submitted to a group purchaser. 
           Sec. 24.  Minnesota Statutes 1994, section 62J.51, is 
        amended by adding a subdivision to read: 
           Subd. 6b.  [CLAIM SUBMISSION ADDRESS.] "Claim submission 
        address" means the address to which the group purchaser requires 
        health care providers, members, or insureds to send health care 
        claims for processing. 
           Sec. 25.  Minnesota Statutes 1994, section 62J.51, is 
        amended by adding a subdivision to read: 
           Subd. 6c.  [CLAIM SUBMISSION NUMBER.] "Claim submission 
        number" means the unique identification number to identify group 
        purchasers as described in section 62J.54, with its suffix 
        identifying the claim submission address. 
           Sec. 26.  Minnesota Statutes 1995 Supplement, section 
        62J.54, subdivision 1, is amended to read: 
           Subdivision 1.  [UNIQUE IDENTIFICATION NUMBER FOR HEALTH 
        CARE PROVIDER ORGANIZATIONS.] (a) On and after January 1, 1998, 
        all group purchasers and health care providers in Minnesota 
        shall use a unique identification number to identify health care 
        provider organizations, except as provided in paragraph (d) (e). 
           (b) Following the recommendation of the workgroup for 
        electronic data interchange, the federal tax identification 
        number assigned to each health care provider organization by the 
        Internal Revenue Service of the Department of the Treasury The 
        first eight digits of the national provider identifier 
        maintained by the federal Health Care Financing Administration 
        shall be used as the unique identification number for health 
        care provider organizations. 
           (c) Provider organizations required to have a national 
        provider identifier are:  
           (1) hospitals licensed under chapter 144; 
           (2) nursing homes and hospices licensed under chapter 144A; 
           (3) subacute care facilities; 
           (4) individual providers organized as a clinic or group 
        practice; 
           (5) independent laboratory, pharmacy, surgery, radiology, 
        or outpatient facilities; 
           (6) ambulance services licensed under chapter 144; and 
           (7) special transportation services certified under chapter 
        174.  
           Provider organizations shall obtain a national provider 
        identifier from the federal Health Care Financing Administration 
        using the federal Health Care Financing Administration's 
        prescribed process. 
           (d) Only the unique health care provider organization 
        identifier shall be used for purposes of submitting and 
        receiving claims, and in conjunction with other data collection 
        and reporting functions. 
           (d) (e) The state and federal health care programs 
        administered by the department of human services shall use the 
        unique identification number assigned to health care providers 
        for implementation of the Medicaid Management Information System 
        or the uniform provider identification number (UPIN) assigned by 
        the Health Care Financing Administration the national provider 
        identifier maintained by the federal Health Care Financing 
        Administration. 
           (f) The commissioner of health may become a subscriber to 
        the federal Health Care Financing Administration's national 
        provider system to implement this subdivision. 
           Sec. 27.  Minnesota Statutes 1995 Supplement, section 
        62J.54, subdivision 2, is amended to read: 
           Subd. 2.  [UNIQUE IDENTIFICATION NUMBER FOR INDIVIDUAL 
        HEALTH CARE PROVIDERS.] (a) On and after January 1, 1998, all 
        group purchasers and health care providers in Minnesota shall 
        use a unique identification number to identify an individual 
        health care provider, except as provided in paragraph (d) (e). 
           (b) The uniform provider identification number (UPIN) 
        assigned by the Health Care Financing Administration The first 
        eight digits of the national provider identifier maintained by 
        the federal Health Care Financing Administration's national 
        provider system shall be used as the unique identification 
        number for individual health care providers.  Providers who do 
        not currently have a UPIN number shall request one from the 
        health care financing administration. 
           (c) Individual providers required to have a national 
        provider identifier are:  
           (1) physicians licensed under chapter 147; 
           (2) dentists licensed under chapter 150A; 
           (3) chiropractors licensed under chapter 148; 
           (4) podiatrists licensed under chapter 153; 
           (5) physician assistants as defined under section 147A.01; 
           (6) advanced practice nurses as defined under section 
        62A.15; 
           (7) doctors of optometry licensed under section 148.57; 
           (8) individual providers who may bill Medicare for medical 
        and other health services as defined in United States Code, 
        title 42, section 1395x(s); and 
           (9) individual providers who are providers for state and 
        federal health care programs administered by the commissioner of 
        human services. 
           Providers shall obtain a national provider identifier from 
        the federal Health Care Financing Administration using the 
        Health Care Financing Administration's prescribed process.  
           (d) Only the unique individual health care provider 
        identifier shall be used for purposes of submitting and 
        receiving claims, and in conjunction with other data collection 
        and reporting functions. 
           (d) (e) The state and federal health care programs 
        administered by the department of human services shall use the 
        unique identification number assigned to health care providers 
        for implementation of the Medicaid Management Information System 
        or the uniform provider identification number (UPIN) assigned by 
        the health care financing administration national provider 
        identifier maintained by the federal Health Care Financing 
        Administration. 
           (f) The commissioner of health may become a subscriber to 
        the federal Health Care Financing Administration's national 
        provider system to implement this subdivision. 
           Sec. 28.  Minnesota Statutes 1995 Supplement, section 
        62J.54, subdivision 3, is amended to read: 
           Subd. 3.  [UNIQUE IDENTIFICATION NUMBER FOR GROUP 
        PURCHASERS.] (a) On and after January 1, 1998, all group 
        purchasers and health care providers in Minnesota shall use a 
        unique identification number to identify group purchasers. 
           (b) The federal tax identification number assigned to each 
        group purchaser by the Internal Revenue Service of the 
        Department of the Treasury payer identification number assigned 
        for the federal Health Care Financing Administration's PAYERID 
        system shall be used as the unique identification number for 
        group purchasers.  This paragraph applies until the codes 
        described in paragraph (c) are available and feasible to use, as 
        determined by the commissioner. 
           (c) A two-part code, consisting of 11 characters and 
        modeled after the National Association of Insurance 
        Commissioners company code shall be assigned to each group 
        purchaser and used as the unique identification number for group 
        purchasers.  The first six characters, or prefix, shall contain 
        the numeric code, or company code, assigned by the National 
        Association of Insurance Commissioners.  The last five 
        characters, or suffix, which is optional, shall contain further 
        codes that will enable group purchasers to further route 
        electronic transaction in their internal systems.  Group 
        purchasers shall obtain a payer identifier number from the 
        federal Health Care Financing Administration using the Health 
        Care Financing Administration's prescribed process. 
           (d) The unique group purchaser identifier, as described in 
        this section, shall be used for purposes of submitting and 
        receiving claims, and in conjunction with other data collection 
        and reporting functions. 
           (e) The commissioner of health may become a registry user 
        to the federal Health Care Financing Administration's PAYERID 
        system to implement this subdivision. 
           Sec. 29.  Minnesota Statutes 1994, section 62J.56, 
        subdivision 2, is amended to read: 
           Subd. 2.  [IDENTIFICATION OF CORE TRANSACTION SETS.] (a) 
        All category I and II industry participants in Minnesota shall 
        comply with the standards developed by the ANSI ASC X12 for the 
        following core transaction sets, according to the implementation 
        plan outlined for each transaction set. 
           (1) ANSI ASC X12 835 health care claim payment/advice 
        transaction set. 
           (2) ANSI ASC X12 837 health care claim transaction set. 
           (3) ANSI ASC X12 834 health care enrollment transaction set.
           (4) ANSI ASC X12 270/271 health care eligibility 
        transaction set. 
           (5) ANSI ASC X12 276/277 health care claims status 
        request/notification transaction set. 
           (b) The commissioner, with the advice of the Minnesota 
        health data institute and the Minnesota administrative 
        uniformity committee, and in coordination with federal efforts, 
        may approve the use of new ASC X12 standards, or new versions of 
        existing standards, as they become available, or other 
        nationally recognized standards, where appropriate ASC X12 
        standards are not available for use.  These alternative 
        standards may be used during a transition period while ASC X12 
        standards are developed. 
           Sec. 30.  Minnesota Statutes 1995 Supplement, section 
        62J.58, is amended to read: 
           62J.58 [IMPLEMENTATION OF STANDARD TRANSACTION SETS.] 
           Subdivision 1.  [CLAIMS PAYMENT.] Six months from the date 
        the commissioner formally recommends the use of guides to 
        implement core transaction sets pursuant to section 62J.56, 
        subdivision 3, all category I industry participants and all 
        category II industry participants, except pharmacists, shall be 
        able to submit or accept, as appropriate, the ANSI ASC X12 835 
        health care claim payment/advice transaction set (draft standard 
        for trial use version 3030/release 3051) for electronic 
        submission of payment information to health care providers. 
           Subd. 2.  [CLAIMS SUBMISSION.] Six months from the date the 
        commissioner formally recommends the use of guides to implement 
        core transaction sets pursuant to section 62J.56, subdivision 3, 
        all category I and category II industry participants, except 
        pharmacists, shall be able to accept or submit, as appropriate, 
        the ANSI ASC X12 837 health care claim transaction set (draft 
        standard for trial use version 3030/release 3051) for the 
        electronic transfer of health care claim information.  
           Subd. 2a.  [CLAIM STATUS INFORMATION.] Six months from the 
        date the commissioner formally recommends the use of guides to 
        implement core transaction sets under section 62J.56, 
        subdivision 3, all category I and II industry participants, 
        excluding pharmacists, may accept or submit the ANSI ASC X12 
        276/277 health care claim status transaction set (draft standard 
        for trial use version/release 3051) for the electronic transfer 
        of health care claim status information. 
           Subd. 3.  [ENROLLMENT INFORMATION.] Six months from the 
        date the commissioner formally recommends the use of guides to 
        implement core transaction sets pursuant to section 62J.56, 
        subdivision 3, all category I and category II industry 
        participants, excluding pharmacists, shall be able to accept or 
        submit, as appropriate, the ANSI ASC X12 834 health care 
        enrollment transaction set (draft standard for trial use version 
        3030/release 3051) for the electronic transfer of enrollment and 
        health benefit information.  
           Subd. 4.  [ELIGIBILITY INFORMATION.] Six months from the 
        date the commissioner formally recommends the use of guides to 
        implement core transaction sets pursuant to section 62J.56, 
        subdivision 3, all category I and category II industry 
        participants, except pharmacists, shall be able to accept or 
        submit, as appropriate, the ANSI ASC X12 270/271 health care 
        eligibility transaction set (draft standard for trial use 
        version 3030/release 3051) for the electronic transfer of health 
        benefit eligibility information.  
           Subd. 5.  [APPLICABILITY.] This section does not require a 
        group purchaser, health care provider, or employer to use 
        electronic data interchange or to have the capability to do so.  
        This section applies only to the extent that a group purchaser, 
        health care provider, or employer chooses to use electronic data 
        interchange. 
           Sec. 31.  Minnesota Statutes 1994, section 62J.60, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GENERAL CHARACTERISTICS.] (a) The Minnesota 
        health care identification card must be a preprinted card 
        constructed of plastic, paper, or any other medium that conforms 
        with ANSI and ISO 7810 physical characteristics standards.  The 
        card dimensions must also conform to ANSI and ISO 7810 physical 
        characteristics standard.  The use of a signature panel is 
        optional. 
           (b) The Minnesota health care identification card must have 
        an essential information window in the front side with the 
        following data elements left justified in the following top to 
        bottom sequence:  card issuer name, issuer claim submission 
        number, identification number, identification name.  No optional 
        data may be interspersed between these data elements.  The 
        window must be left justified.  
           (c) Standardized labels are required next to human readable 
        data elements.  The card issuer may decide the location of the 
        standardized label relative to the data element.  
           Sec. 32.  Minnesota Statutes 1994, section 62J.60, 
        subdivision 3, is amended to read: 
           Subd. 3.  [HUMAN READABLE DATA ELEMENTS.] (a) The following 
        are the minimum human readable data elements that must be 
        present on the front side of the Minnesota health care 
        identification card: 
           (1) card issuer name or logo, which is the name or logo 
        that identifies the card issuer.  The card issuer name or logo 
        may be the card's front background.  No standard label is 
        required for this data element; 
           (2) issuer claim submission number, which is the unique 
        card issuer number consisting of a base number assigned by a 
        registry process followed by a suffix number assigned by the 
        card issuer.  The use of this element is mandatory within one 
        year of the establishment of a process for this identifier.  The 
        standardized label for this element is "Issuer Clm Subm #"; 
           (3) identification number, which is the unique 
        identification number of the individual card holder established 
        and defined under this section.  The standardized label for the 
        data element is "ID"; 
           (4) identification name, which is the name of the 
        individual card holder.  The identification name must be 
        formatted as follows:  first name, space, optional middle 
        initial, space, last name, optional space and name suffix.  The 
        standardized label for this data element is "Name"; 
           (5) account number(s), which is any other number, such as a 
        group number, if required for part of the identification or 
        claims process.  The standardized label for this data element is 
        "Account"; 
           (6) care type, which is the description of the group 
        purchaser's plan product under which the beneficiary is 
        covered.  The description shall include the health plan company 
        name and the plan or product name.  The standardized label for 
        this data element is "Care Type"; 
           (7) service type, which is the description of coverage 
        provided such as hospital, dental, vision, prescription, or 
        mental health.  The standard label for this data element is "Svc 
        Type"; and 
           (8) provider/clinic name, which is the name of the primary 
        care clinic the cardholder is assigned to by the health plan 
        company.  The standard label for this field is "PCP."  This 
        information is mandatory only if the health plan company assigns 
        a specific primary care provider to the cardholder. 
           (b) The following human readable data elements shall be 
        present on the back side of the Minnesota health identification 
        card.  These elements must be left justified, and no optional 
        data elements may be interspersed between them:  
           (1) claims submission name(s) and address(es), which are 
        the name(s) and address(es) of the entity or entities to which 
        claims should be submitted.  If different destinations are 
        required for different types of claims, this must be labeled; 
           (2) telephone number(s) and name(s); which are the 
        telephone number(s) and name(s) of the following contact(s) with 
        a standardized label describing the service function as 
        applicable:  
           (i) eligibility and benefit information; 
           (ii) utilization review; 
           (iii) precertification; or 
           (iv) customer services. 
           (c) The following human readable data elements are 
        mandatory on the back side of the card for health maintenance 
        organizations and integrated service networks: 
           (1) emergency care authorization telephone number or 
        instruction on how to receive authorization for emergency care.  
        There is no standard label required for this information; and 
           (2) telephone number to call to appeal to the commissioner 
        of health.  There is no standard label required for this 
        information. 
           (d) All human readable data elements not required under 
        paragraphs (a) to (c) are optional and may be used at the 
        issuer's discretion. 
           Sec. 33.  Minnesota Statutes 1995 Supplement, section 
        62Q.03, subdivision 9, is amended to read: 
           Subd. 9.  [DATA COLLECTION AND DATA PRIVACY.] The 
        association members shall not have access to unaggregated data 
        on individuals or health plan companies.  The association shall 
        develop, as a part of the plan of operation, procedures for 
        ensuring that data is collected by an appropriate entity.  The 
        commissioners of health and commerce shall have the authority to 
        audit and examine data collected by the association for the 
        purposes of the development and implementation of the risk 
        adjustment system.  Data on individuals obtained for the 
        purposes of risk adjustment development, testing, and operation 
        are designated as private data.  Data not on individuals which 
        is obtained for the purposes of development, testing, and 
        operation of risk adjustment are designated as nonpublic data., 
        except for that the proposed and approved plan of operation, the 
        risk adjustment methodologies examined, the plan for testing, 
        the plan of the risk adjustment system, minutes of meetings, and 
        other general operating information are classified as public 
        data.  Nothing in this section is intended to prohibit the 
        preparation of summary data under section 13.05, subdivision 7.  
        The association, state agencies, and any contractors having 
        access to this data shall maintain it in accordance with this 
        classification.  The commissioners of health and human services 
        have the authority to collect data from health plan companies as 
        needed for the purpose of developing a risk adjustment mechanism 
        for public programs. 
           Sec. 34.  Minnesota Statutes 1994, section 144.225, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DATA ABOUT BIRTHS.] (a) Except as otherwise 
        provided in this subdivision, data pertaining to the birth of a 
        child, to a woman who was not married to the child's father when 
        the child was conceived nor when the child was born, including 
        the original certificate of birth and the certified copy, are 
        confidential data.  At the time of the birth of a child to a 
        woman who was not married to the child's father when the child 
        was conceived nor when the child was born, the mother may 
        designate on the birth registration form whether data pertaining 
        to the birth will be public data.  Notwithstanding the 
        designation of the data as confidential, it may be disclosed to 
        a parent or guardian of the child, to the child when the child 
        is 18 years of age or older, pursuant to a court order, or under 
        paragraph (b). 
           (b) Unless the child is adopted, data pertaining to the 
        birth of a child that are not accessible to the public become 
        public data if 100 years have elapsed since the birth of the 
        child who is the subject of the data, or as provided under 
        section 13.10, whichever occurs first. 
           (c) If a child is adopted, data pertaining to the child's 
        birth are governed by the provisions relating to adoption 
        records, including sections 13.10, subdivision 5; 144.1761; 
        144.218, subdivision 1; and 259.89.  The birth and death records 
        of the commissioner of health shall be open to inspection by the 
        commissioner of human services and it shall not be necessary for 
        the commissioner of human services to obtain an order of the 
        court in order to inspect records or to secure certified copies 
        of them.  
           (d) The name and address of a mother under paragraph (a) 
        and the child's date of birth may be disclosed to the county 
        social services or public health member of a family services 
        collaborative for purposes of providing services under section 
        121.8355. 
           Sec. 35.  Minnesota Statutes 1994, section 144.225, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [GROUP PURCHASER IDENTITY; NONPUBLIC DATA; 
        DISCLOSURE.] (a) Except as otherwise provided in this 
        subdivision, the named identity of a group purchaser as defined 
        in section 62J.03, subdivision 6, collected in association with 
        birth registration is nonpublic data as defined in section 13.02.
           (b) The commissioner may publish, or by other means release 
        to the public, the named identity of a group purchaser as part 
        of an analysis of information collected from the birth 
        registration process.  Analysis means the identification of 
        trends in prenatal care and birth outcomes associated with group 
        purchasers.  The commissioner may not reveal the named identity 
        of the group purchaser until the group purchaser has had 21 days 
        after receipt of the analysis to review the analysis and comment 
        on it.  In releasing data under this subdivision, the 
        commissioner shall include comments received from the group 
        purchaser related to the scientific soundness and statistical 
        validity of the methods used in the analysis.  This subdivision 
        does not authorize the commissioner to make public any 
        individual identifying data except as permitted by law.  
           (c) A group purchaser may contest whether an analysis made 
        public under paragraph (b) is based on scientifically sound and 
        statistically valid methods in a contested case proceeding under 
        sections 14.57 to 14.62, subject to appeal under sections 14.63 
        to 14.68.  To obtain a contested case hearing, the group 
        purchaser must present a written request to the commissioner 
        before the end of the time period for review and comment.  
        Within ten days of the assignment of an administrative law 
        judge, the group purchaser must demonstrate by clear and 
        convincing evidence the group purchaser's likelihood of 
        succeeding on the merits.  If the judge determines that the 
        group purchaser has made this demonstration, the data may not be 
        released during the contested case proceeding and through 
        appeal.  If the judge finds that the group purchaser has not 
        made this demonstration, the commissioner may immediately 
        publish, or otherwise make public, the nonpublic group purchaser 
        data, with comments received as set forth in paragraph (b). 
           (d) The contested case proceeding and subsequent appeal is 
        not an exclusive remedy and any person may seek a remedy 
        pursuant to section 13.08, subdivisions 1 to 4, or as otherwise 
        authorized by law.  
           Sec. 36.  Minnesota Statutes 1995 Supplement, section 
        144.335, subdivision 3a, is amended to read: 
           Subd. 3a.  [PATIENT CONSENT TO RELEASE OF RECORDS; 
        LIABILITY.] (a) A provider, or a person who receives health 
        records from a provider, may not release a patient's health 
        records to a person without a signed and dated consent from the 
        patient or the patient's legally authorized representative 
        authorizing the release, unless the release is specifically 
        authorized by law.  Except as provided in paragraph (c) or (d), 
        a consent is valid for one year or for a lesser period specified 
        in the consent or for a different period provided by law.  
           (b) This subdivision does not prohibit the release of 
        health records: 
           (1) for a medical emergency when the provider is unable to 
        obtain the patient's consent due to the patient's condition or 
        the nature of the medical emergency; or 
           (2) to other providers within related health care entities 
        when necessary for the current treatment of the patient. 
           (c) Notwithstanding paragraph (a), if a patient explicitly 
        gives informed consent to the release of health records for the 
        purposes and pursuant to the restrictions in clauses (1) and 
        (2), the consent does not expire after one year for: 
           (1) the release of health records to a provider who is 
        being advised or consulted with in connection with the current 
        treatment of the patient; 
           (2) the release of health records to an accident and health 
        insurer, health service plan corporation, health maintenance 
        organization, or third-party administrator for purposes of 
        payment of claims, fraud investigation, or quality of care 
        review and studies, provided that: 
           (i) the use or release of the records complies with 
        sections 72A.49 to 72A.505; 
           (ii) further use or release of the records in individually 
        identifiable form to a person other than the patient without the 
        patient's consent is prohibited; and 
           (iii) the recipient establishes adequate safeguards to 
        protect the records from unauthorized disclosure, including a 
        procedure for removal or destruction of information that 
        identifies the patient. 
           (d) Until June 1, 1996 , paragraph (a) does not prohibit 
        the release of health records to qualified personnel solely for 
        purposes of medical or scientific research, if the patient has 
        not objected to Notwithstanding paragraph (a), health records 
        may be released to a researcher solely for purposes of medical 
        or scientific research only as follows: 
           (1) health records generated before January 1, 1997, may be 
        released if the patient has not objected or does not elect to 
        object after that date; 
           (2) for health records generated on or after January 1, 
        1997, the provider must: 
           (i) disclose in writing to patients currently being treated 
        by the provider that health records, regardless of when 
        generated, may be released and that the patient may object, in 
        which case the records will not be released; and 
           (ii) obtain the patient's written general authorization 
        that describes the release of records in item (i), which does 
        not expire but may be revoked or limited in writing at any time 
        by the patient or the patient's authorized representative; and 
           (3) the provider must, at the request of the patient, 
        provide information on how the patient may contact an external 
        researcher to whom the health record was released and the date 
        it was released. 
           In making a release for research purposes and the 
        provider who releases the records makes shall make a reasonable 
        effort to determine that: 
           (i) the use or disclosure does not violate any limitations 
        under which the record was collected; 
           (ii) the use or disclosure in individually identifiable 
        form is necessary to accomplish the research or statistical 
        purpose for which the use or disclosure is to be made; 
           (iii) the recipient has established and maintains adequate 
        safeguards to protect the records from unauthorized disclosure, 
        including a procedure for removal or destruction of information 
        that identifies the patient; and 
           (iv) further use or release of the records in individually 
        identifiable form to a person other than the patient without the 
        patient's consent is prohibited.  
           (e) A person who negligently or intentionally releases a 
        health record in violation of this subdivision, or who forges a 
        signature on a consent form, or who obtains under false 
        pretenses the consent form or health records of another person, 
        or who, without the person's consent, alters a consent form, is 
        liable to the patient for compensatory damages caused by an 
        unauthorized release, plus costs and reasonable attorney's fees. 
           (f) Upon the written request of a spouse, parent, child, or 
        sibling of a patient being evaluated for or diagnosed with 
        mental illness, a provider shall inquire of a patient whether 
        the patient wishes to authorize a specific individual to receive 
        information regarding the patient's current and proposed course 
        of treatment.  If the patient so authorizes, the provider shall 
        communicate to the designated individual the patient's current 
        and proposed course of treatment.  Paragraph (a) applies to 
        consents given under this paragraph. 
           (g) In cases where a provider releases health records 
        without patient consent as authorized by law, the release must 
        be documented in the patient's health record. 
           Sec. 37.  Minnesota Statutes 1994, section 145.64, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [HENNEPIN COUNTY EMERGENCY MEDICAL SERVICES 
        DATA.] Data collected, created, or maintained by the quality 
        committee of the Hennepin county emergency medical services 
        advisory council when conducting a health care review activity 
        of the emergency medical services function or services are 
        private data on individuals or nonpublic data not on 
        individuals, as defined in section 13.02. 
           Sec. 38.  Minnesota Statutes 1994, section 148B.66, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [EXCHANGING INFORMATION.] (a) The office of 
        mental health practice shall establish internal operating 
        procedures for: 
           (1) exchanging information with state boards; agencies, 
        including the office of ombudsman for mental health and mental 
        retardation; health related and law enforcement facilities; 
        departments responsible for licensing health related 
        occupations, facilities, and programs; and law enforcement 
        personnel in this and other states; and 
           (2) coordinating investigations involving matters within 
        the jurisdiction of more than one regulatory agency.  
           Establishment of the operating procedures is not subject to 
        rulemaking under chapter 14.  
           (b) The procedures for exchanging information must provide 
        for the forwarding to the entities described in paragraph (a), 
        clause (1), of information and evidence, including the results 
        of investigations, that are relevant to matters within the 
        regulatory jurisdiction of the organizations in paragraph (a).  
        The data have the same classification in the hands of the agency 
        receiving the data as they have in the hands of the agency 
        providing the data.  
           (c) The office of mental health practice shall establish 
        procedures for exchanging information with other states 
        regarding disciplinary action against licensed and unlicensed 
        mental health practitioners.  
           (d) The office of mental health practice shall forward to 
        another governmental agency any complaints received by the 
        office that do not relate to the office's jurisdiction but that 
        relate to matters within the jurisdiction of the other 
        governmental agency.  The agency to which a complaint is 
        forwarded shall advise the office of mental health practice of 
        the disposition of the complaint.  A complaint or other 
        information received by another governmental agency relating to 
        a statute or rule that the office of mental health practice is 
        empowered to enforce must be forwarded to the office to be 
        processed in accordance with this section. 
           (e) The office of mental health practice shall furnish to a 
        person who made a complaint a description of the actions of the 
        office relating to the complaint.  
           Sec. 39.  Minnesota Statutes 1994, section 150A.081, is 
        amended to read: 
           150A.081 [ACCESS TO MEDICAL DATA.] 
           Subdivision 1.  [ACCESS TO DATA ON LICENSEE OR REGISTRANT.] 
        When the board has probable cause to believe that a licensee's 
        or registrant's condition meets a ground listed in section 
        150A.08, subdivision 1, clause (4) or (8), it may, 
        notwithstanding sections 13.42, 144.651, or any other law 
        limiting access to medical data, obtain medical or health 
        records relating to on the licensee or registrant without the 
        person's licensee's or registrant's consent.  The medical data 
        may be requested from a provider, as defined in section 144.335, 
        subdivision 1, paragraph (b), an insurance company, or a 
        government agency.  A provider, insurance company, or government 
        agency shall comply with a written request of the board under 
        this subdivision and is not liable in any action for damages for 
        releasing the data requested by the board if the data are 
        released under the written request, unless the information is 
        false and the entity providing the information knew, or had 
        reason to believe, the information was false. 
           Subd. 2.  [ACCESS TO DATA ON PATIENTS.] The board has 
        access to medical records of a patient treated by a licensee or 
        registrant under review if the patient signs a written consent 
        permitting access.  If the patient has not given consent, the 
        licensee or registrant must delete data from which a patient may 
        be identified before releasing medical records to the board. 
           Subd. 3.  [DATA CLASSIFICATION; RELEASE OF CERTAIN HEALTH 
        DATA NOT REQUIRED.] Information obtained under this 
        subdivision section is classified as private data on individuals 
        under chapter 13.  Under this subdivision section, the 
        commissioner of health is not required to release health data 
        collected and maintained under section 13.38. 
           Sec. 40.  Minnesota Statutes 1994, section 168.345, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REQUESTS FOR INFORMATION; SURCHARGE ON FEE.] 
        Except as otherwise provided in subdivision 4, the commissioner 
        shall impose a surcharge of 50 cents on each fee charged by the 
        commissioner under section 13.03, subdivision 3, for copies or 
        electronic transmittal of public information concerning motor 
        vehicle registrations.  This surcharge only applies to a fee 
        imposed in responding to a request made in person or by mail, or 
        to a request for transmittal through a computer modem.  The 
        surcharge does not apply to the request of an individual for 
        information concerning vehicles registered in that individual's 
        name.  The commissioner shall forward the surcharges collected 
        under this subdivision to the commissioner of finance on a 
        monthly basis.  Upon receipt, the commissioner of finance shall 
        credit the surcharges to the general fund. 
           Sec. 41.  Minnesota Statutes 1994, section 168.345, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [EXCEPTION TO FEE AND SURCHARGE.] Notwithstanding 
        subdivision 3 or section 13.03, no fee or surcharge shall be 
        imposed in responding to a request for public information 
        concerning motor vehicle registrations if the requester gives 
        the commissioner a signed statement that: 
           (1) the requester seeks the information on behalf of a 
        community-based, nonprofit organization which has been 
        designated by the local law enforcement agency to be a 
        requester; and 
           (2) the information is needed in order to identify 
        suspected prostitution law violators, controlled substance law 
        violators, or health code violators. 
           The commissioner may not require a requester to make a 
        certain minimum number of data requests nor limit a requester to 
        a certain maximum number of data requests. 
           Sec. 42.  Minnesota Statutes 1994, 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. 
           (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. 43.  Minnesota Statutes 1994, section 171.12, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PRIVACY OF RESIDENCE ADDRESS.] (a) An applicant 
        for a driver's license or a Minnesota identification card may 
        request that the applicant's 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 individual that the 
        classification is required for the safety of the applicant or 
        the applicant's family, if the statement also provides a valid, 
        existing address where the applicant 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 driver's license or identification card.  The 
        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 applicant for a driver's license or a Minnesota 
        identification card must be informed in a clear and conspicuous 
        manner on the forms for the issuance or renewal that the 
        applicant'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 applicant may prohibit disclosure 
        of the personal information by so indicating on the form. 
           (c) An applicant for a driver's license or a Minnesota 
        identification card must be also informed in a clear and 
        conspicuous manner on forms that the applicant's personal 
        information may be used, rented, or sold solely for bulk 
        distribution by organizations for business purposes, including 
        surveys, marketing, or solicitation.  The commissioner shall 
        implement methods and procedures that enable the applicant to 
        request that bulk surveys, marketing, or solicitation not be 
        directed to the applicant.  If the applicant 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 obtain a 
        Minnesota identification card or a driver's license is public 
        data on individuals and shall be disclosed as permitted by 
        United States Code, title 18, section 2721, clause (b). 
           Sec. 44.  Minnesota Statutes 1994, section 171.12, is 
        amended by adding a subdivision to read: 
           Subd. 7a.  [DISCLOSURE OF PERSONAL INFORMATION.] The 
        commissioner shall disclose personal information where the use 
        is related to the operation of a motor vehicle or to public 
        safety, including public dissemination.  The use of personal 
        information is related to public safety if it concerns the 
        physical safety or security of drivers, vehicles, pedestrians, 
        or property. 
           Sec. 45.  Minnesota Statutes 1994, 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.  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 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 violation of, 
        or an attempt to violate, section 609.342, 609.343, 609.344, or 
        609.345, a felony or gross misdemeanor level offense until the 
        offender reaches the age of 28.  If the offender commits another 
        violation of sections 609.342 to 609.345 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. 46.  Minnesota Statutes 1994, section 260.161, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [RECORD OF ADJUDICATIONS; NOTICE TO BUREAU OF 
        CRIMINAL APPREHENSION FINDINGS.] (a) The juvenile court shall 
        forward to the Bureau of Criminal Apprehension the following 
        data on juveniles adjudicated delinquent for having committed 
        felony-level criminal sexual conduct in juvenile petitions 
        involving felony- or gross misdemeanor-level offenses: 
           (1) the name and birth date of the juvenile, including any 
        of the juvenile's known aliases or street names; 
           (2) the type of act for which the juvenile was adjudicated 
        delinquent petitioned and date of the offense; and 
           (3) the date and county of the adjudication where the 
        petition was filed. 
           (b) Upon completion of the court proceedings, the court 
        shall forward the court's finding and case disposition to the 
        bureau.  Notwithstanding section 138.17, if the petition was 
        dismissed or the juvenile was not found to have committed a 
        gross misdemeanor or felony-level offense, the bureau and a 
        person who received the data from the bureau shall destroy all 
        data relating to the petition collected under paragraph (a).  
        The bureau shall notify a person who received the data that the 
        data must be destroyed. 
           (c) The bureau shall retain data on a juvenile found to 
        have committed a felony- or gross misdemeanor-level offense 
        until the offender reaches the age of 28.  If the offender 
        commits another a felony violation of sections 609.342 to 
        609.345 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. 
           (c) (d) The juvenile court shall forward to the bureau, the 
        sentencing guidelines commission, and the department of 
        corrections the following data on individuals convicted as 
        extended jurisdiction juveniles: 
           (1) the name and birthdate of the offender, including any 
        of the juvenile's known aliases or street names; 
           (2) the crime committed by the offender and the date of the 
        crime; and 
           (3) the date and county of the conviction; and 
           (4) the case disposition. 
           The court shall notify the bureau, the sentencing 
        guidelines commission, and the department of corrections 
        whenever it executes an extended jurisdiction juvenile's adult 
        sentence under section 260.126, subdivision 5. 
           (d) (e) The bureau, sentencing guidelines commission, and 
        the department of corrections shall retain the extended 
        jurisdiction juvenile data for as long as the data would have 
        been retained if the offender had been an adult at the time of 
        the offense.  Data retained on individuals under this 
        subdivision are private data under section 13.02, except that 
        extended jurisdiction juvenile data becomes 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. 
           Sec. 47.  Minnesota Statutes 1995 Supplement, section 
        268.12, subdivision 12, is amended to read: 
           Subd. 12.  [INFORMATION.] Except as hereinafter otherwise 
        provided, data gathered from any employing unit or individual 
        pursuant to the administration of sections 268.03 to 268.231, 
        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 this subdivision 
        or 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) state and federal agencies specifically authorized 
        access to the data by state or federal law; 
           (b) any agency of this 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 human rights groups within the state which have 
        enforcement powers; 
           (d) 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) public and private agencies responsible for 
        administering publicly financed assistance programs for the 
        purpose of monitoring the eligibility of the program's 
        recipients; 
           (f) 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) 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 268.231; and 
           (2) 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 law; 
           (g) the department of trade and economic development may 
        have access to private data on individual employing units and 
        nonpublic data not on individual employing units 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) 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; 
           (i) 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) 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.  
           Data on individuals and employing units which are 
        collected, maintained, or used by the department in an 
        investigation pursuant to section 268.18, subdivision 3, 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.  
           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.  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.  
           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.  
           Data gathered by the department pursuant to the 
        administration of sections 268.03 to 268.231 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. 48.  Minnesota Statutes 1995 Supplement, section 
        299A.61, is amended to read: 
           299A.61 [CRIMINAL ALERT NETWORK.] 
           Subdivision 1.  [ESTABLISHMENT.] The commissioner of public 
        safety, in cooperation with the commissioner of administration, 
        shall develop and maintain an integrated criminal alert network 
        to facilitate the communication of crime prevention information 
        by electronic means among state agencies, law enforcement 
        officials, and the private sector.  The network shall 
        disseminate data regarding the commission of crimes, including 
        information on missing and endangered children, and attempt to 
        reduce theft and other crime by the use of electronic 
        transmission of information. 
           Subd. 2.  [DATA ON MEMBERS.] Data that identify individuals 
        or businesses as members of the criminal alert network, 
        including names, addresses, telephone and fax numbers, are 
        private data on individuals or nonpublic data, as defined in 
        section 13.02, subdivision 12 or 9. 
           Sec. 49.  Minnesota Statutes 1994, section 299C.095, is 
        amended to read: 
           299C.095 [SYSTEM FOR IDENTIFICATION OF ADJUDICATED 
        JUVENILES JUVENILE OFFENDERS.] 
           (a) The bureau shall establish a system for recording the 
        data on adjudicated juveniles received from the juvenile courts 
        under section 260.161, subdivision 1a administer and maintain 
        the computerized juvenile history record system based on section 
        260.161 and other statutes requiring the reporting of data on 
        juveniles.  The data in the system are private data as defined 
        in section 13.02, subdivision 12, but are accessible to criminal 
        justice agencies as defined in section 13.02, subdivision 3a, to 
        all trial courts and appellate courts, to a person who has 
        access to the juvenile court records as provided in section 
        260.161 or under court rule. 
           (b) Except for access authorized under paragraph (a), the 
        bureau shall only disseminate a juvenile history record in 
        connection with a background check required by statute or rule 
        and performed on a licensee, license applicant, or employment 
        applicant or performed under section 624.713.  A consent for 
        release of information from an individual who is the subject of 
        a juvenile history is not effective and the bureau shall not 
        release a juvenile history record and shall not release 
        information in a manner that reveals the existence of the record.
           Sec. 50.  Minnesota Statutes 1995 Supplement, section 
        299C.10, subdivision 1, is amended to read: 
           Subdivision 1.  [LAW ENFORCEMENT DUTY.] (a) It is hereby 
        made the duty of the sheriffs of the respective counties and, of 
        the police officers in cities of the first, second, and third 
        classes, under the direction of the chiefs of police in such 
        cities, and of community corrections agencies operating secure 
        juvenile detention facilities to take or cause to be taken 
        immediately finger and thumb prints, photographs, distinctive 
        physical mark identification data, and such other identification 
        data as may be requested or required by the superintendent of 
        the bureau; of all persons arrested for a felony, gross 
        misdemeanor, of all juveniles committing felonies as 
        distinguished from those committed by adult offenders, of all 
        persons reasonably believed by the arresting officer to be 
        fugitives from justice, of all persons in whose possession, when 
        arrested, are found concealed firearms or other dangerous 
        weapons, burglar tools or outfits, high-power explosives, or 
        articles, machines, or appliances usable for an unlawful purpose 
        and reasonably believed by the arresting officer to be intended 
        for such purposes, and within 24 hours thereafter to forward 
        such fingerprint records and other identification data on such 
        forms and in such manner as may be prescribed by the 
        superintendent of the bureau of criminal apprehension. 
           (b) Effective August 1, 1997, the identification reporting 
        requirements shall also apply to persons committing misdemeanor 
        offenses, including violent and enhanceable crimes, and 
        juveniles committing gross misdemeanors.  In addition, the 
        reporting requirements shall include any known aliases or street 
        names of the offenders. 
           Sec. 51.  Minnesota Statutes 1994, section 299C.46, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CRIMINAL JUSTICE AGENCY DEFINED.] For the 
        purposes of sections 299C.46 to 299C.49, "criminal justice 
        agency" shall mean means an agency of the state or an agency of 
        a political subdivision charged with detection, enforcement, 
        prosecution, adjudication or incarceration in respect to the 
        criminal or traffic laws of this state.  This definition also 
        includes all sites identified and licensed as a detention 
        facility by the commissioner of corrections under section 
        241.021. 
           Sec. 52.  [EFFECTIVE DATE.] 
           Sections 8 and 9 and 36 are effective the day following 
        final enactment. 
           Sections 46 and 50 are effective August 1, 1996, and apply 
        to offenses occurring on or after that date. 
           Section 39 is effective August 1, 1997. 
                                   ARTICLE 2  
           Section 1.  Minnesota Statutes 1994, section 13.99, 
        subdivision 19c, is amended to read: 
           Subd. 19c.  [DATA ANALYSIS DATA.] Data collected by the 
        data analysis unit are classified under section 62J.30, 
        subdivision 7.  Data collected for purposes of sections 62J.301 
        to 62J.42 that identify patients or providers are classified 
        under section 62J.321, subdivision 5. 
           Sec. 2.  Minnesota Statutes 1994, section 13.99, is amended 
        by adding a subdivision to read: 
           Subd. 19i.  [HEALTH DATA INSTITUTE.] Health data institute 
        data are classified under section 62J.452, subdivision 2. 
           Sec. 3.  Minnesota Statutes 1994, section 13.99, is amended 
        by adding a subdivision to read:  
           Subd. 19j.  [ESSENTIAL COMMUNITY PROVIDER.] Data on 
        applications for designation as an essential community provider 
        are classified under section 62Q.19, subdivision 2. 
           Sec. 4.  Minnesota Statutes 1994, section 13.99, is amended 
        by adding a subdivision to read: 
           Subd. 20c.  [SELF-INSURERS ADVISORY COMMITTEE.] Data 
        received by the self-insurers' advisory committee from the 
        commissioner is classified under section 79A.02, subdivision 2. 
           Sec. 5.  Minnesota Statutes 1994, section 13.99, is amended 
        by adding a subdivision to read: 
           Subd. 21e.  [EXCLUSION OF WASTE MATERIALS.] Data included 
        in a document submitted by a transfer station under section 
        115A.84, subdivision 5, is classified under that subdivision. 
           Sec. 6.  Minnesota Statutes 1994, section 13.99, is amended 
        by adding a subdivision to read: 
           Subd. 28b.  [NURSING HOME RESIDENTS.] Access to certain 
        data on assessments of care and services to nursing home 
        residents is governed by section 144.0721, subdivision 2. 
           Sec. 7.  Minnesota Statutes 1994, section 13.99, is amended 
        by adding a subdivision to read: 
           Subd. 31a.  [VITAL RECORDS.] Physical access to vital 
        records is governed by section 144.225, subdivision 1. 
           Sec. 8.  Minnesota Statutes 1995 Supplement, section 13.99, 
        subdivision 38b, is amended to read: 
           Subd. 38b.  [LEAD EXPOSURE DATA.] Data on individuals 
        exposed to lead in their residences are classified under section 
        sections 144.874, subdivision 1, 144.9502, subdivision 9, and 
        144.9504, subdivision 2. 
           Sec. 9.  Minnesota Statutes 1994, section 13.99, is amended 
        by adding a subdivision to read:  
           Subd. 42b.  [REPORT OF VIOLATIONS.] Certain reports of 
        violations submitted to the board of medical practice are 
        classified under section 147.121. 
           Sec. 10.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 85a.  [CERTIFICATE OF VALUE.] Data in a real estate 
        certificate of value filed with the county auditor is classified 
        under section 272.115, subdivision 1. 
           Sec. 11.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 86a.  [POLITICAL CONTRIBUTION REFUND.] Certain 
        political contribution refund data in the revenue department are 
        classified under section 290.06, subdivision 23. 
           Sec. 12.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 86b.  [GROSS EARNINGS TAXES.] Certain patient data 
        provided to the department of revenue under chapter 295 are 
        classified under section 295.57, subdivision 2. 
           Sec. 13.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 92g.  [LOTTERY PRIZE WINNER.] Certain data on lottery 
        prize winners are classified under section 349A.08, subdivision 
        9. 
           Sec. 14.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 100a.  [CHILD SUPPORT ATTORNEYS.] Certain data 
        provided by an applicant or recipient of child support 
        enforcement services are classified under section 518.255. 
           Presented to the governor April 4, 1996 
           Signed by the governor April 11, 1996, 11:52 a.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