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1994 Minnesota Session Laws

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                            CHAPTER 618-H.F.No. 2028 
                  An act relating to privacy; classifying data; 
                  providing for sharing of certain data; clarifying 
                  treatment of not public data at an open meeting; 
                  permitting the commissioner of health to conduct 
                  fetal, infant, and maternal death studies; providing 
                  for release of certain information on juvenile 
                  offenders to schools and victims; limiting release of 
                  juvenile records; providing for the preparation of an 
                  information policy training plan; providing for the 
                  release of commitment information for firearm 
                  background checks; limiting release of personal 
                  information on videotape consumers; limiting liability 
                  for 911 systems; providing for a social worker witness 
                  privilege; changing exceptions and other conditions of 
                  the open meeting law; appropriating money; amending 
                  Minnesota Statutes 1992, sections 13.03, subdivision 
                  4, and by adding a subdivision; 13.05, subdivision 4; 
                  13.32, by adding a subdivision; 13.38, by adding a 
                  subdivision; 13.39, subdivision 2, and by adding a 
                  subdivision; 13.41, subdivision 2; 13.57; 13.71, by 
                  adding subdivisions; 13.82, by adding a subdivision; 
                  13.84, subdivision 5a; 13.99, subdivisions 7, 39, 45, 
                  53, 60, 71, 79, and by adding subdivisions; 144.581, 
                  subdivision 5; 171.12, subdivision 7; 253B.23, 
                  subdivision 4; 256.0361, by adding a subdivision; 
                  260.161, subdivision 2, and by adding subdivisions; 
                  403.07, subdivision 4; 471.705; 624.7131, subdivision 
                  2; and 624.714, subdivisions 3 and 4; Minnesota 
                  Statutes 1993 Supplement, sections 13.43, subdivision 
                  2; 13.46, subdivisions 2 and 4; 13.82, subdivision 4; 
                  121.8355, by adding a subdivision; 144.335, 
                  subdivision 3a; 148B.04, subdivision 6; 168.346; 
                  245.493, by adding a subdivision; 260.161, subdivision 
                  3; 595.02, subdivision 1; 624.7131, subdivision 1; and 
                  624.7132, subdivisions 1 and 2; Laws 1990, chapter 
                  566, section 9; proposing coding for new law in 
                  Minnesota Statutes, chapters 13; 144; 145; 245; and 
                  253B; proposing coding for new law as Minnesota 
                  Statutes, chapter 325I. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1
           Section 1.  Minnesota Statutes 1992, section 13.03, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CHANGE IN CLASSIFICATION OF DATA.] (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. 
           Sec. 2.  Minnesota Statutes 1992, section 13.03, is amended 
        by adding a subdivision to read: 
           Subd. 11.  [TREATMENT OF DATA CLASSIFIED AS NOT PUBLIC; 
        PUBLIC MEETINGS.] Not public data may be discussed at a meeting 
        open to the public to the extent provided in section 471.705, 
        subdivision 1d. 
           Sec. 3.  Minnesota Statutes 1992, section 13.05, 
        subdivision 4, is amended to read: 
           Subd. 4.  [LIMITATIONS ON COLLECTION AND USE OF DATA.] 
        Private or confidential data on an individual shall not be 
        collected, stored, used, or disseminated by political 
        subdivisions, statewide systems, or state agencies for any 
        purposes other than those stated to the individual at the time 
        of collection in accordance with section 13.04, except as 
        provided in this subdivision. 
           (a) Data collected prior to August 1, 1975, and which have 
        not been treated as public data, may be used, stored, and 
        disseminated for the purposes for which the data was originally 
        collected or for purposes which are specifically approved by the 
        commissioner as necessary to public health, safety, or welfare. 
           (b) Private or confidential data may be used and 
        disseminated to individuals or agencies specifically authorized 
        access to that data by state, local, or federal law enacted or 
        promulgated after the collection of the data. 
           (c) Private or confidential data may be used and 
        disseminated to individuals or agencies subsequent to the 
        collection of the data when the responsible authority 
        maintaining the data has requested approval for a new or 
        different use or dissemination of the data and that request has 
        been specifically approved by the commissioner as necessary to 
        carry out a function assigned by law. 
           (d) Private data may be used by and disseminated to any 
        person or agency if the individual subject or subjects of the 
        data have given their informed consent.  Whether a data subject 
        has given informed consent shall be determined by rules of the 
        commissioner.  Informed consent shall not be deemed to have been 
        given by an individual subject of the data by the signing of any 
        statement authorizing any person or agency to disclose 
        information about the individual to an insurer or its authorized 
        representative, unless the statement is: 
           (1) in plain language; 
           (2) dated; 
           (3) specific in designating the particular persons or 
        agencies the data subject is authorizing to disclose information 
        about the data subject; 
           (4) specific as to the nature of the information the 
        subject is authorizing to be disclosed; 
           (5) specific as to the persons or agencies to whom the 
        subject is authorizing information to be disclosed; 
           (6) specific as to the purpose or purposes for which the 
        information may be used by any of the parties named in clause 
        (5), both at the time of the disclosure and at any time in the 
        future; 
           (7) specific as to its expiration date which should be 
        within a reasonable period of time, not to exceed one year 
        except in the case of authorizations given in connection with 
        applications for life insurance or noncancelable or guaranteed 
        renewable health insurance and identified as such, two years 
        after the date of the policy. 
           The responsible authority may require a person requesting 
        copies of data under this paragraph to pay the actual costs of 
        making, certifying, and compiling the copies. 
           (e) Private or confidential data on an individual may be 
        discussed at a meeting open to the public to the extent provided 
        in section 471.705, subdivision 1d. 
           Sec. 4.  Minnesota Statutes 1992, section 13.32, is amended 
        by adding a subdivision to read: 
           Subd. 7.  [USES OF DATA.] School officials who receive data 
        on juveniles, as authorized under section 260.161, may use and 
        share that data within the school district or educational entity 
        as necessary to protect persons and property or to address the 
        educational and other needs of students. 
           Sec. 5.  Minnesota Statutes 1992, section 13.38, is amended 
        by adding a subdivision to read: 
           Subd. 4.  [TRANSITION PLANS.] Transition plans that are 
        submitted to the commissioner of health by health care providers 
        as required by section 62J.23, subdivision 2, are classified as 
        private data on individuals or nonpublic data not on individuals.
           Sec. 6.  Minnesota Statutes 1992, section 13.39, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CIVIL ACTIONS.] (a) Except as provided in 
        paragraph (b), data collected by state agencies, political 
        subdivisions or statewide systems as part of an active 
        investigation undertaken for the purpose of the commencement or 
        defense of a pending civil legal action, or which are retained 
        in anticipation of a pending civil legal action, are classified 
        as protected nonpublic data pursuant to section 13.02, 
        subdivision 13 in the case of data not on individuals and 
        confidential pursuant to section 13.02, subdivision 3 in the 
        case of data on individuals.  Any agency, political subdivision 
        or statewide system may make any data classified as confidential 
        or protected nonpublic pursuant to this subdivision accessible 
        to any person, agency or the public if the agency, political 
        subdivision or statewide system determines that the access will 
        aid the law enforcement process, promote public health or safety 
        or dispel widespread rumor or unrest.  
           (b) A complainant has access to a statement provided by the 
        complainant to a state agency, statewide system, or political 
        subdivision under paragraph (a). 
           Sec. 7.  Minnesota Statutes 1992, section 13.39, is amended 
        by adding a subdivision to read: 
           Subd. 2a.  [DISCLOSURE OF DATA.] During the time when a 
        civil legal action is determined to be pending under subdivision 
        1, any person may bring an action in the district court in the 
        county where the data is maintained to obtain disclosure of data 
        classified as confidential or protected nonpublic under 
        subdivision 2.  The court may order that all or part of the data 
        be released to the public or to the person bringing the action.  
        In making the determination whether data shall be disclosed, the 
        court shall consider whether the benefit to the person bringing 
        the action or to the public outweighs any harm to the public, 
        the agency, or any person identified in the data.  The data in 
        dispute shall be examined by the court in camera. 
           Sec. 8.  Minnesota Statutes 1992, section 13.41, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PRIVATE DATA.] (a) The following data collected, 
        created or maintained by any licensing agency are classified as 
        private, pursuant to section 13.02, subdivision 12:  data, other 
        than their names and designated addresses, submitted by 
        applicants for licenses; the identity of complainants who have 
        made reports concerning licensees or applicants which appear in 
        inactive complaint data unless the complainant consents to the 
        disclosure; the nature or content of unsubstantiated complaints 
        when the information is not maintained in anticipation of legal 
        action; the identity of patients whose medical records are 
        received by any health licensing agency for purposes of review 
        or in anticipation of a contested matter; inactive investigative 
        data relating to violations of statutes or rules; and the record 
        of any disciplinary proceeding except as limited by subdivision 
        4. 
           (b) An applicant for a license shall designate on the 
        application a residence or business address at which the 
        applicant can be contacted in connection with the license 
        application. 
           Sec. 9.  Minnesota Statutes 1993 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:  name; 
        actual gross salary; salary range; contract fees; actual gross 
        pension; the value and nature of employer paid fringe benefits; 
        the basis for and the amount of any added remuneration, 
        including expense reimbursement, in addition to salary; job 
        title; job description; education and training background; 
        previous work experience; date of first and last employment; the 
        existence and status of any complaints or charges against the 
        employee, whether or not the complaint or charge resulted in a 
        disciplinary action; the final disposition of any disciplinary 
        action together with the specific reasons for the action and 
        data documenting the basis of the action, excluding data that 
        would identify confidential sources who are employees of the 
        public body; the terms of any agreement settling any dispute 
        arising out of the employment relationship; work location; a 
        work telephone number; badge number; honors and awards received; 
        payroll time sheets or other comparable data that are only used 
        to account for employee's work time for payroll purposes, except 
        to the extent that release of time sheet data would reveal the 
        employee's reasons for the use of sick or other medical leave or 
        other not public data; and city and county of residence. 
           (b) For purposes of this subdivision, a final disposition 
        occurs when the state agency, statewide system, or political 
        subdivision makes its final decision about the disciplinary 
        action, regardless of the possibility of any later proceedings 
        or court proceedings.  In the case of arbitration proceedings 
        arising under collective bargaining agreements, a final 
        disposition occurs at the conclusion of the arbitration 
        proceedings, 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. 
           Sec. 10.  Minnesota Statutes 1993 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 and 
        social security numbers, upon request by the department of 
        revenue to administer the property tax refund law, supplemental 
        housing allowance, and the income tax; 
           (9) to the Minnesota department of jobs and training for 
        the purpose of monitoring the eligibility of the data subject 
        for unemployment compensation, 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 facilities 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 
        coordinating board 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, medical assistance, general assistance, 
        work readiness, or general assistance medical care 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; or 
           (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; or 
           (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). 
           (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) or, (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. 11.  Minnesota Statutes 1993 Supplement, section 
        13.46, subdivision 4, is amended to read: 
           Subd. 4.  [LICENSING DATA.] (a) As used in this subdivision:
           (1) "licensing data" means all data collected, maintained, 
        used, or disseminated by the welfare system pertaining to 
        persons licensed or registered or who apply for licensure or 
        registration or who formerly were licensed or registered under 
        the authority of the commissioner of human services; 
           (2) "client" means a person who is receiving services from 
        a licensee or from an applicant for licensure; and 
           (3) "personal and personal financial data" means social 
        security numbers, identity of and letters of reference, 
        insurance information, reports from the bureau of criminal 
        apprehension, health examination reports, and social/home 
        studies. 
           (b) Except as provided in paragraph (c), the following data 
        on current and former licensees are public:  name, address, 
        telephone number of licensees, licensed capacity, type of client 
        preferred, variances granted, type of dwelling, name and 
        relationship of other family members, previous license history, 
        class of license, and the existence and status of complaints.  
        When disciplinary action has been taken against a licensee or 
        the complaint is resolved, the following data are public:  the 
        substance of the complaint, the findings of the investigation of 
        the complaint, the record of informal resolution of a licensing 
        violation, orders of hearing, findings of fact, conclusions of 
        law, and specifications of the final disciplinary action 
        contained in the record of disciplinary action.  
           The following data on persons licensed subject to 
        disqualification under section 245A.04 in connection with a 
        license to provide family day care for children, child care 
        center services, foster care for children in the provider's 
        home, or foster care or day care services for adults in the 
        provider's home, are public:  the nature of any disqualification 
        set aside under section 245A.04, subdivision 3b, and the reasons 
        for setting aside the disqualification; and the reasons for 
        granting any variance under section 245A.04, subdivision 9. 
           (c) The following are private data on individuals under 
        section 13.02, subdivision 12, or nonpublic data under section 
        13.02, subdivision 9:  personal and personal financial data on 
        family day care program and family foster care program 
        applicants and licensees and their family members who provide 
        services under the license. 
           (d) The following are private data on individuals:  the 
        identity of persons who have made reports concerning licensees 
        or applicants that appear in inactive investigative data, and 
        the records of clients or employees of the licensee or applicant 
        for licensure whose records are received by the licensing agency 
        for purposes of review or in anticipation of a contested 
        matter.  The names of reporters under sections 626.556 and 
        626.557 may be disclosed only as provided in section 626.556, 
        subdivision 11, or 626.557, subdivision 12. 
           (e) Data classified as private, confidential, nonpublic, or 
        protected nonpublic under this subdivision become public data if 
        submitted to a court or administrative law judge as part of a 
        disciplinary proceeding in which there is a public hearing 
        concerning the disciplinary action. 
           (f) Data generated in the course of licensing 
        investigations that relate to an alleged violation of law are 
        investigative data under subdivision 3. 
           (g) Data that are not public data collected, maintained, 
        used, or disseminated under this subdivision that relate to or 
        are derived from a report as defined in section 626.556, 
        subdivision 2, are subject to the destruction provisions of 
        section 626.556, subdivision 11. 
           Sec. 12.  [13.49] [SOCIAL SECURITY NUMBERS.] 
           The social security numbers of individuals collected or 
        maintained by a state agency, statewide system, or political 
        subdivision are private data on individuals, except to the 
        extent that access to the social security number is specifically 
        authorized by law. 
           Sec. 13.  Minnesota Statutes 1992, section 13.57, is 
        amended to read: 
           13.57 [SOCIAL RECREATIONAL DATA.] 
           The following data collected and maintained by political 
        subdivisions for the purpose of enrolling individuals in 
        recreational and other social programs are classified as 
        private, pursuant to section 13.02, subdivision 12:  the name, 
        address, telephone number, any other data that identifies the 
        individual, and any data which describes the health or medical 
        condition of the individual, family relationships and living 
        arrangements of an individual or which are opinions as to the 
        emotional makeup or behavior of an individual. 
           Sec. 14.  Minnesota Statutes 1992, section 13.82, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [AUDIO RECORDING OF 911 CALL.] The audio 
        recording of a call placed to a 911 system for the purpose of 
        requesting service from a law enforcement, fire, or medical 
        agency is private data on individuals with respect to the 
        individual making the call, except that a written transcript of 
        the audio recording is public, unless it reveals the identity of 
        an individual otherwise protected under subdivision 10.  A 
        transcript shall be prepared upon request.  The person 
        requesting the transcript shall pay the actual cost of 
        transcribing the call, in addition to any other applicable costs 
        provided under section 13.03, subdivision 3.  The audio 
        recording may be disseminated to law enforcement agencies for 
        investigative purposes.  The audio recording may be used for 
        public safety dispatcher training purposes. 
           Sec. 15.  Minnesota Statutes 1993 Supplement, section 
        13.82, subdivision 4, is amended to read: 
           Subd. 4.  [RESPONSE OR INCIDENT DATA.] The following data 
        created or collected by law enforcement agencies which documents 
        the agency's response to a request for service including, but 
        not limited to, responses to traffic accidents, or which 
        describes actions taken by the agency on its own initiative 
        shall be public government data:  
           (a) date, time and place of the action; 
           (b) agencies, units of agencies and individual agency 
        personnel participating in the action unless the identities of 
        agency personnel qualify for protection under subdivision 10; 
           (c) any resistance encountered by the agency; 
           (d) any pursuit engaged in by the agency; 
           (e) whether any weapons were used by the agency or other 
        individuals; 
           (f) a brief factual reconstruction of events associated 
        with the action; 
           (g) names and addresses of witnesses to the agency action 
        or the incident unless the identity of any witness qualifies for 
        protection under subdivision 10; 
           (h) names and addresses of any victims or casualties unless 
        the identities of those individuals qualify for protection under 
        subdivision 10; 
           (i) the name and location of the health care facility to 
        which victims or casualties were taken; 
           (j) response or incident report number; 
           (k) dates of birth of the parties involved in a traffic 
        accident; and 
           (l) whether the parties involved were wearing seat belts; 
        and 
           (m) the alcohol concentration of each driver. 
           Sec. 16.  Minnesota Statutes 1992, section 13.84, 
        subdivision 5a, is amended to read: 
           Subd. 5a.  [PUBLIC BENEFIT DATA.] (a) The responsible 
        authority or its designee of a parole or probation authority or 
        correctional agency may release private or confidential court 
        services data related to:  (1) criminal acts to any law 
        enforcement agency, if necessary for law enforcement purposes; 
        and (2) criminal acts or delinquent acts to the victims of 
        criminal or delinquent acts to the extent that the data are 
        necessary for the victim to assert the victim's legal right to 
        restitution.  In the case of delinquent acts, the data that may 
        be released include only the juvenile's name, address, date of 
        birth, and place of employment; the name and address of the 
        juvenile's parents or guardians; and the factual part of police 
        reports related to the investigation of the delinquent act. 
           (b) A parole or probation authority, a correctional agency, 
        or agencies that provide correctional services under contract to 
        a correctional agency may release to a law enforcement agency 
        the following data on defendants, parolees, or probationers:  
        current address, dates of entrance to and departure from agency 
        programs, and dates and times of any absences, both authorized 
        and unauthorized, from a correctional program.  
           (c) The responsible authority or its designee of a juvenile 
        correctional agency may release private or confidential court 
        services data to a victim of a delinquent act to the extent the 
        data are necessary to enable the victim to assert the victim's 
        right to request notice of release under section 611A.06.  The 
        data that may be released include only the name, home address, 
        and placement site of a juvenile who has been placed in a 
        juvenile correctional facility as a result of a delinquent act.  
           Sec. 17.  Minnesota Statutes 1992, section 13.99, 
        subdivision 79, is amended to read: 
           Subd. 79.  [PEACE OFFICERS, COURT SERVICES, AND CORRECTIONS 
        RECORDS OF JUVENILES.] Inspection and maintenance of juvenile 
        records held by police and the commissioner of corrections are 
        governed by section 260.161, subdivision 3.  Disclosure to 
        school officials of court services data on juveniles adjudicated 
        delinquent is governed by section 260.161, subdivision 1b. 
           Sec. 18.  Minnesota Statutes 1993 Supplement, section 
        121.8355, is amended by adding a subdivision to read: 
           Subd. 3a.  [INFORMATION SHARING.] (a) The school district, 
        county, and public health entity members of a family services 
        collaborative may inform each other as to whether an individual 
        or family is being served by the member, without the consent of 
        the subject of the data.  If further information sharing is 
        necessary in order for the collaborative to carry out duties 
        under subdivision 2 or 3, the collaborative may share data if 
        the individual, as defined in section 13.02, subdivision 8, 
        gives written informed consent.  Data on individuals shared 
        under this subdivision retain the original classification as 
        defined under section 13.02, as to each member of the 
        collaborative with whom the data is shared. 
           (b) If a federal law or regulation impedes information 
        sharing that is necessary in order for a collaborative to carry 
        out duties under subdivision 2 or 3, the appropriate state 
        agencies shall seek a waiver or exemption from the applicable 
        law or regulation. 
           Sec. 19.  Minnesota Statutes 1993 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), a 
        consent is valid for one year or for a lesser period specified 
        in the consent or for a different period provided by law.  
           (b) This subdivision does not prohibit the release of 
        health records for a medical emergency when the provider is 
        unable to obtain the patient's consent due to the patient's 
        condition or the nature of the medical emergency. 
           (c) 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, 1994 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 a release for research purposes and 
        the provider who releases the records makes 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. 
           Sec. 20.  [144.3352] [HEPATITIS B MATERNAL CARRIER DATA; 
        INFANT IMMUNIZATION.] 
           The commissioner of health or a local board of health may 
        inform the physician attending a newborn of the hepatitis B 
        infection status of the biological mother. 
           Sec. 21.  Minnesota Statutes 1992, section 144.581, 
        subdivision 5, is amended to read: 
           Subd. 5.  [CLOSED MEETINGS; RECORDING.] (a) Notwithstanding 
        subdivision 4 or section 471.705, a public hospital or an 
        organization established under this section may hold a closed 
        meeting to discuss specific marketing activity and contracts 
        that might be entered into pursuant to the marketing activity in 
        cases where the hospital or organization is in competition with 
        health care providers that offer similar goods or services, and 
        where disclosure of information pertaining to those matters 
        would cause harm to the competitive position of the hospital or 
        organization, provided that the goods or services do not require 
        a tax levy.  No contracts referred to in this paragraph may be 
        entered into earlier than 15 days after the proposed contract 
        has been described at a public meeting and the description 
        entered in the minutes, except for contracts for consulting 
        services or with individuals for personal services.  
           (b) A meeting may not be closed under paragraph (a) except 
        by a majority vote of the board of directors in a public 
        meeting.  The time and place of the closed meeting must be 
        announced at the public meeting.  A written roll of members 
        present at the closed meeting must be available to the public 
        after the closed meeting.  The proceedings of a closed meeting 
        must be tape-recorded and preserved by the board of directors 
        for two years.  The data on the tape are nonpublic data under 
        section 13.02, subdivision 9.  However, the data become public 
        data under section 13.02, subdivision 14, two years after the 
        meeting, or when the hospital or organization takes action on 
        matters referred to in paragraph (a), except for contracts for 
        consulting services.  In the case of personal service contracts, 
        the data become public when the contract is signed.  For 
        entities subject to section 471.345, a contract entered into by 
        the board is subject to the requirements of section 471.345. 
           (c) The board of directors may not discuss a tax levy, bond 
        issuance, or other expenditure of money unless the expenditure 
        is directly related to specific marketing activities and 
        contracts described in paragraph (a) at a closed meeting. 
           Sec. 22.  [145.90] [FETAL, INFANT, AND MATERNAL DEATH 
        STUDIES.] 
           Subdivision 1.  [PURPOSE.] The commissioner of health may 
        conduct fetal, infant, and maternal death studies in order to 
        assist the planning, implementation, and evaluation of medical, 
        health, and welfare service systems, and to improve pregnancy 
        outcomes and reduce the numbers of preventable fetal, infant, 
        and maternal deaths in Minnesota. 
           Subd. 2.  [ACCESS TO DATA.] (a) Until July 1, 1997, the 
        commissioner of health has access to medical data as defined in 
        section 13.42, subdivision 1, paragraph (b), medical examiner 
        data as defined in section 13.83, subdivision 1, and health 
        records created, maintained, or stored by providers as defined 
        in section 144.335, subdivision 1, paragraph (b), without the 
        consent of the subject of the data, and without the consent of 
        the parent, spouse, other guardian, or legal representative of 
        the subject of the data, when the subject of the data is: 
           (1) a fetus that showed no signs of life at the time of 
        delivery, was 20 or more weeks of gestation at the time of 
        delivery, and was not delivered by an induced abortion; 
           (2) a liveborn infant that died within the first two years 
        of life; 
           (3) a woman who died during a pregnancy or within 12 months 
        of a fetal death, a live birth, or other termination of a 
        pregnancy; or 
           (4) the biological mother of a fetus or infant as described 
        in clause (1) or (2). 
           The commissioner only has access to medical data and health 
        records related to deaths or stillbirths that occur on or after 
        July 1, 1994.  With respect to data under clause (4), the 
        commissioner only has access to medical data and health records 
        that contain information that bears upon the pregnancy and the 
        outcome of the pregnancy. 
           (b) The provider or responsible authority that creates, 
        maintains, or stores the data shall furnish the data upon the 
        request of the commissioner.  The provider or responsible 
        authority may charge a fee for providing data, not to exceed the 
        actual cost of retrieving and duplicating the data. 
           (c) The commissioner shall make a good faith reasonable 
        effort to notify the subject of the data, or the parent, spouse, 
        other guardian, or legal representative of the subject of the 
        data, before collecting data on the subject.  For purposes of 
        this paragraph, "reasonable effort" includes: 
           (1) one visit by a public health nurse to the last known 
        address of the data subject, or the parent, spouse, or guardian; 
        and 
           (2) if the public health nurse is unable to contact the 
        data subject, or the parent, spouse, or guardian, one notice by 
        certified mail to the last known address of the data subject, or 
        the parent, spouse, or guardian. 
           (d) The commissioner does not have access to coroner or 
        medical examiner data that are part of an active investigation 
        as described in section 13.83. 
           Subd. 3.  [MANAGEMENT OF RECORDS.] After the commissioner 
        has collected all data about a subject of a fetal, infant, or 
        maternal death study needed to perform the study, the data from 
        source records obtained under subdivision 2, other than data 
        identifying the subject, must be transferred to separate records 
        to be maintained by the commissioner.  Notwithstanding section 
        138.17, after the data have been transferred, all source records 
        obtained under subdivision 2 in the hands of the commissioner 
        must be destroyed. 
           Subd. 4.  [CLASSIFICATION OF DATA.] Data provided to or 
        created by the commissioner for the purpose of carrying out 
        fetal, infant, or maternal death studies, including identifying 
        information on individual providers or patients, are classified 
        as private data on individuals or nonpublic data on deceased 
        individuals, as defined in section 13.02, with the following 
        exceptions: 
           (1) summary data created by the commissioner, as defined in 
        section 13.02, subdivision 19; and 
           (2) data provided by the commissioner of human services, 
        which retains the classification it held when in the hands of 
        the commissioner of human services. 
           Sec. 23.  Minnesota Statutes 1993 Supplement, section 
        148B.04, subdivision 6, is amended to read: 
           Subd. 6.  [CLASSIFICATION OF CERTAIN RESIDENCE ADDRESSES 
        AND TELEPHONE NUMBERS.] Notwithstanding section 13.41, 
        subdivision 2 or 4, the residence address and telephone number 
        of an applicant or licensee are private data on individuals as 
        defined in section 13.02, subdivision 12, if the applicant or 
        licensee so requests and provides an alternative address and 
        telephone number. 
           Sec. 24.  Minnesota Statutes 1993 Supplement, section 
        168.346, is amended to read: 
           168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.] 
           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. 
           Sec. 25.  Minnesota Statutes 1992, section 171.12, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PRIVACY OF RESIDENCE ADDRESS.] 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. 
           Sec. 26.  [245.041] [PROVISION OF FIREARMS BACKGROUND CHECK 
        INFORMATION.] 
           Notwithstanding section 253B.23, subdivision 9, the 
        commissioner of human services shall provide commitment 
        information to local law enforcement agencies for the sole 
        purpose of facilitating a firearms background check under 
        section 624.7131, 624.7132, or 624.714.  The information to be 
        provided is limited to whether the person has been committed 
        under chapter 253B and, if so, the type of commitment. 
           Sec. 27.  Minnesota Statutes 1993 Supplement, section 
        245.493, is amended by adding a subdivision to read: 
           Subd. 3.  [INFORMATION SHARING.] (a) The members of a local 
        children's mental health collaborative may share data on 
        individuals being served by the collaborative or its members if 
        the individual, as defined in section 13.02, subdivision 8, 
        gives written informed consent and the information sharing is 
        necessary in order for the collaborative to carry out duties 
        under subdivision 2.  Data on individuals shared under this 
        subdivision retain the original classification as defined under 
        section 13.02, as to each member of the collaborative with whom 
        the data is shared. 
           (b) If a federal law or regulation impedes information 
        sharing that is necessary in order for a collaborative to carry 
        out duties under subdivision 2, the appropriate state agencies 
        shall attempt to get a waiver or exemption from the applicable 
        law or regulation. 
           Sec. 28.  [253B.091] [REPORTING JUDICIAL COMMITMENTS 
        INVOLVING PRIVATE TREATMENT PROGRAMS OR FACILITIES.] 
           Notwithstanding section 253B.23, subdivision 9, when a 
        committing court judicially commits a proposed patient to a 
        treatment program or facility other than a state-operated 
        program or facility, the court shall report the commitment to 
        the commissioner of human services for purposes of providing 
        commitment information for firearm background checks under 
        section 245.041. 
           Sec. 29.  Minnesota Statutes 1992, section 253B.23, 
        subdivision 4, is amended to read: 
           Subd. 4.  [IMMUNITY.] All persons acting in good faith, 
        upon either actual knowledge or information thought by them to 
        be reliable, who act pursuant to any provision of this chapter 
        or who procedurally or physically assist in the commitment of 
        any individual, pursuant to this chapter, are not subject to any 
        civil or criminal liability under this chapter.  Any privilege 
        otherwise existing between patient and physician or between, 
        patient and examiner, or patient and social worker, is waived as 
        to any physician or, examiner, or social worker who provides 
        information with respect to a patient pursuant to any provision 
        of this chapter. 
           Sec. 30.  Minnesota Statutes 1992, section 256.0361, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [EVALUATION DATA.] The commissioner may access 
        data maintained by the department of jobs and training under 
        sections 268.03 to 268.231 for the purpose of evaluating the 
        Minnesota family investment plan for persons randomly assigned 
        to a test or comparison group as part of the evaluation.  This 
        subdivision authorizes access to data concerning the three years 
        before the time of random assignment for persons randomly 
        assigned to a test or comparison group and data concerning the 
        five years after random assignment. 
           Sec. 31.  Minnesota Statutes 1992, section 260.161, is 
        amended by adding a subdivision to read: 
           Subd. 1b.  [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a 
        juvenile is enrolled in school, the juvenile's probation officer 
        shall transmit a copy of the court's disposition order to the 
        principal or chief administrative officer of the juvenile's 
        school if the juvenile has been adjudicated delinquent for 
        committing an act on the school's property or an act: 
           (1) that would be a violation of section 609.185 
        (first-degree murder); 609.19 (second-degree murder); 609.195 
        (third-degree murder); 609.20 (first-degree manslaughter); 
        609.205 (second-degree manslaughter); 609.21 (criminal vehicular 
        homicide and injury); 609.221 (first-degree assault); 609.222 
        (second-degree assault); 609.223 (third-degree assault); 
        609.2231 (fourth-degree assault); 609.224 (fifth-degree 
        assault); 609.24 (simple robbery); 609.245 (aggravated robbery); 
        609.25 (kidnapping); 609.255 (false imprisonment); 609.342 
        (first-degree criminal sexual conduct); 609.343 (second-degree 
        criminal sexual conduct); 609.344 (third-degree criminal sexual 
        conduct); 609.345 (fourth-degree criminal sexual conduct); 
        609.3451 (fifth-degree criminal sexual conduct); 609.498 
        (tampering with a witness); 609.561 (first-degree arson); 
        609.582, subdivision 1 or 2 (burglary); 609.713 (terroristic 
        threats); or 609.749 (harassment and stalking), if committed by 
        an adult; 
           (2) that would be a violation of section 152.021 
        (first-degree controlled substance crime); 152.022 
        (second-degree controlled substance crime); 152.023 
        (third-degree controlled substance crime); 152.024 
        (fourth-degree controlled substance crime); 152.025 
        (fifth-degree controlled substance crime); 152.0261 (importing a 
        controlled substance); or 152.027 (other controlled substance 
        offenses), if committed by an adult; or 
           (3) that involved the possession or use of a dangerous 
        weapon as defined in section 609.02, subdivision 6. 
           When a disposition order is transmitted under this 
        paragraph, the probation officer shall notify the juvenile's 
        parent or legal guardian that the disposition order has been 
        shared with the juvenile's school. 
           (b) The disposition order must be accompanied by a notice 
        to the school that the school may obtain additional information 
        from the juvenile's probation officer with the consent of the 
        juvenile or the juvenile's parents, as applicable.  The 
        disposition order must be maintained in the student's permanent 
        education record but may not be released outside of the school 
        district or educational entity, other than to another school 
        district or educational entity to which the juvenile is 
        transferring.  Notwithstanding section 138.17, the disposition 
        order must be destroyed when the juvenile graduates from the 
        school or at the end of the academic year when the juvenile 
        reaches age 23, whichever date is earlier. 
           (c) The juvenile's probation officer shall maintain a 
        record of disposition orders released under this subdivision and 
        the basis for the release. 
           (d) The criminal and juvenile justice information policy 
        group, in consultation with representatives of probation 
        officers and educators, shall prepare standard forms for use by 
        juvenile probation officers in forwarding information to schools 
        under this subdivision and in maintaining a record of the 
        information that is released.  
           (e) As used in this subdivision, "school" means a public or 
        private elementary, middle, or secondary school. 
           Sec. 32.  Minnesota Statutes 1992, section 260.161, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PUBLIC INSPECTION LIMITATIONS.] Except as 
        otherwise provided in this subdivision and in subdivision 
        1 section, and except for legal records arising from proceedings 
        that are public under section 260.155, subdivision 1, none of 
        the records of the juvenile court and none of the records 
        relating to an appeal from a nonpublic juvenile court 
        proceeding, except the written appellate opinion, shall be open 
        to public inspection or their contents disclosed except (a) by 
        order of a court or (b) as required by sections 245A.04, 
        611A.03, 611A.04, 611A.06, and 629.73.  The records of juvenile 
        probation officers and county home schools are records of the 
        court for the purposes of this subdivision.  Court services data 
        relating to delinquent acts that are contained in records of the 
        juvenile court may be released as allowed under section 13.84, 
        subdivision 5a.  This subdivision applies to all proceedings 
        under this chapter, including appeals from orders of the 
        juvenile court, except that this subdivision does not apply to 
        proceedings under section 260.255, 260.261, or 260.315 when the 
        proceeding involves an adult defendant.  The court shall 
        maintain the confidentiality of adoption files and records in 
        accordance with the provisions of laws relating to adoptions.  
        In juvenile court proceedings any report or social history 
        furnished to the court shall be open to inspection by the 
        attorneys of record and the guardian ad litem a reasonable time 
        before it is used in connection with any proceeding before the 
        court. 
           When a judge of a juvenile court, or duly authorized agent 
        of the court, determines under a proceeding under this chapter 
        that a child has violated a state or local law, ordinance, or 
        regulation pertaining to the operation of a motor vehicle on 
        streets and highways, except parking violations, the judge or 
        agent shall immediately report the violation to the commissioner 
        of public safety.  The report must be made on a form provided by 
        the department of public safety and must contain the information 
        required under section 169.95. 
           Sec. 33.  Minnesota Statutes 1993 Supplement, section 
        260.161, subdivision 3, is amended to read: 
           Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
        for records relating to an offense where proceedings are public 
        under section 260.155, subdivision 1, peace officers' records of 
        children who are or may be delinquent or who may be engaged in 
        criminal acts shall be kept separate from records of persons 18 
        years of age or older and are private data but shall be 
        disseminated:  (1) by order of the juvenile court, (2) as 
        required by section 126.036, (3) as authorized under section 
        13.82, subdivision 2, (4) to the child or the child's parent or 
        guardian unless disclosure of a record would interfere with an 
        ongoing investigation, or (5) as otherwise provided in paragraph 
        (d) this subdivision.  Except as provided in paragraph (c), no 
        photographs of a child taken into custody may be taken without 
        the consent of the juvenile court unless the child is alleged to 
        have violated section 169.121 or 169.129.  Peace officers' 
        records containing data about children who are victims of crimes 
        or witnesses to crimes must be administered consistent with 
        section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
        violating any of the provisions of this subdivision shall be 
        guilty of a misdemeanor. 
           In the case of computerized records maintained about 
        juveniles by peace officers, the requirement of this subdivision 
        that records about juveniles must be kept separate from adult 
        records does not mean that a law enforcement agency must keep 
        its records concerning juveniles on a separate computer system.  
        Law enforcement agencies may keep juvenile records on the same 
        computer as adult records and may use a common index to access 
        both juvenile and adult records so long as the agency has in 
        place procedures that keep juvenile records in a separate place 
        in computer storage and that comply with the special data 
        retention and other requirements associated with protecting data 
        on juveniles. 
           (b) Nothing in this subdivision prohibits the exchange of 
        information by law enforcement agencies if the exchanged 
        information is pertinent and necessary to the requesting agency 
        in initiating, furthering, or completing a criminal 
        investigation. 
           (c) A photograph may be taken of a child taken into custody 
        pursuant to section 260.165, subdivision 1, clause (b), provided 
        that the photograph must be destroyed when the child reaches the 
        age of 19 years.  The commissioner of corrections may photograph 
        juveniles whose legal custody is transferred to the 
        commissioner.  Photographs of juveniles authorized by this 
        paragraph may be used only for institution management purposes, 
        case supervision by parole agents, and to assist law enforcement 
        agencies to apprehend juvenile offenders.  The commissioner 
        shall maintain photographs of juveniles in the same manner as 
        juvenile court records and names under this section. 
           (d) Traffic investigation reports are open to inspection by 
        a person who has sustained physical harm or economic loss as a 
        result of the traffic accident.  Identifying information on 
        juveniles who are parties to traffic accidents may be disclosed 
        as authorized under section 13.82, subdivision 4, and accident 
        reports required under section 169.09 may be released under 
        section 169.09, subdivision 13, unless the information would 
        identify a juvenile who was taken into custody or who is 
        suspected of committing an offense that would be a crime if 
        committed by an adult, or would associate a juvenile with the 
        offense, and the offense is not a minor traffic offense under 
        section 260.193. 
           (e) A law enforcement agency shall notify the principal or 
        chief administrative officer of a juvenile's school of an 
        incident occurring within the agency's jurisdiction if: 
           (1) the agency has probable cause to believe that the 
        juvenile has committed an offense that would be a crime if 
        committed as an adult, that the victim of the offense is a 
        student or staff member of the school, and that notice to the 
        school is reasonably necessary for the protection of the victim; 
        or 
           (2) the agency has probable cause to believe that the 
        juvenile has committed an offense described in subdivision 1b, 
        paragraph (a), clauses (1) to (3), that would be a crime if 
        committed by an adult. 
           A law enforcement agency is not required to notify the 
        school under this paragraph if the agency determines that notice 
        would jeopardize an ongoing investigation.  Notwithstanding 
        section 138.17, data from a notice received from a law 
        enforcement agency under this paragraph must be destroyed when 
        the juvenile graduates from the school or at the end of the 
        academic year when the juvenile reaches age 23, whichever date 
        is earlier.  For purposes of this paragraph, "school" means a 
        public or private elementary, middle, or secondary school. 
           (f) In any county in which the county attorney operates or 
        authorizes the operation of a juvenile prepetition or pretrial 
        diversion program, a law enforcement agency or county attorney's 
        office may provide the juvenile diversion program with data 
        concerning a juvenile who is a participant in or is being 
        considered for participation in the program. 
           (g) Upon request of a local social service agency, peace 
        officer records of children who are or may be delinquent or who 
        may be engaged in criminal acts may be disseminated to the 
        agency to promote the best interests of the subject of the data. 
           Sec. 34.  Minnesota Statutes 1992, section 260.161, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [FURTHER RELEASE OF RECORDS.] A person who 
        receives access to juvenile court or peace officer records of 
        children that are not accessible to the public may not release 
        or disclose the records to any other person except as authorized 
        by law.  This subdivision does not apply to the child who is the 
        subject of the records or the child's parent or guardian. 
           Sec. 35.  [325I.01] [DEFINITIONS.] 
           Subdivision 1.  [GENERAL.] The definitions in this section 
        apply to sections 325I.01 to 325I.03. 
           Subd. 2.  [CONSUMER.] "Consumer" means a renter, purchaser, 
        or subscriber of goods or services from a videotape service 
        provider or videotape seller. 
           Subd. 3.  [PERSONALLY IDENTIFIABLE 
        INFORMATION.] "Personally identifiable information" means 
        information that identifies a person as having requested or 
        obtained specific video materials or services from a videotape 
        service provider or videotape seller. 
           Subd. 4.  [VIDEOTAPE SELLER.] "Videotape seller" means a 
        person engaged in the business of selling prerecorded 
        videocassette tapes or similar audiovisual materials, or a 
        person to whom a disclosure is made by a videotape seller under 
        section 325I.02, but only with respect to the information 
        contained in the disclosure. 
           Subd. 5.  [VIDEOTAPE SERVICE PROVIDER.] "Videotape service 
        provider" means a person engaged in the business of rental of 
        prerecorded videocassette tapes or similar audiovisual 
        materials, or a person to whom a disclosure is made by a 
        videotape service provider under section 325I.02, but only with 
        respect to the information contained in the disclosure. 
           Sec. 36.  [325I.02] [DISCLOSURE OF VIDEOTAPE RENTAL OR 
        SALES RECORDS.] 
           Subdivision 1.  [DISCLOSURE PROHIBITED.] Except as provided 
        in subdivisions 2 and 3, a videotape service provider or 
        videotape seller who knowingly discloses, to any person, 
        personally identifiable information concerning any consumer of 
        the provider or seller is liable to the consumer for the relief 
        provided in section 325I.03. 
           Subd. 2.  [DISCLOSURE REQUIRED.] (a) A videotape service 
        provider or videotape seller shall disclose personally 
        identifiable information concerning any consumer: 
           (1) to a grand jury pursuant to a grand jury subpoena; 
           (2) pursuant to a court order in a civil proceeding upon a 
        showing of compelling need for the information that cannot be 
        accommodated by other means, or in a criminal proceeding upon a 
        showing of legitimate need for the information that cannot be 
        accommodated by other means, if: 
           (i) the consumer is given reasonable notice by the person 
        seeking the disclosure of the court proceeding relevant to the 
        issuance of the court order; 
           (ii) the consumer is afforded the opportunity to appear and 
        contest the disclosure; and 
           (iii) the court imposes appropriate safeguards against 
        unauthorized disclosure; or 
           (3) to a law enforcement agency pursuant to a warrant 
        lawfully obtained under the laws of this state or the United 
        States. 
           (b) A videotape service provider or videotape seller may 
        disclose personally identifiable information concerning any 
        consumer to a court or law enforcement agency pursuant to a 
        civil action or criminal investigation for conversion or theft 
        commenced or initiated by the videotape service provider or 
        videotape seller or to enforce collection of fines for overdue 
        or unreturned videotapes or collection for unpaid videotapes, to 
        the extent necessary to establish the fact of the rental or 
        sale.  In a court action, the court shall impose appropriate 
        safeguards against unauthorized disclosure of the information.  
        A law enforcement agency shall maintain the information as 
        investigative data under section 13.82, except that when the 
        investigation becomes inactive, the information is private data 
        on individuals as defined in section 13.02, subdivision 12. 
           Subd. 3.  [DISCLOSURE PERMITTED.] A videotape service 
        provider or videotape seller may disclose personally 
        identifiable information concerning any consumer: 
           (1) to the consumer; 
           (2) to a person in connection with a transfer of ownership 
        of the videotape service provider or videotape seller; 
           (3) to any person with the written informed consent of the 
        consumer, as provided in subdivision 4; or 
           (4) if a videotape is sold by mail or telephone and the 
        videotape seller complies with United States Code, title 18, 
        section 2710 (b)(2)(D). 
           Subd. 4.  [PROCEDURE FOR WRITTEN INFORMED CONSENT OF THE 
        CONSUMER.] For purposes of subdivision 3, clause (3), in order 
        to obtain the written informed consent of the consumer, the 
        videotape service provider or videotape seller must obtain a 
        signed statement conforming to the notice contained in this 
        subdivision.  The notice must be in writing in at least 
        ten-point bold-faced type, must be separate from any membership, 
        subscriber, or rental or purchase agreement between the consumer 
        and the videotape service provider or videotape seller, and must 
        read as follows: 
           "This videotape service provider (videotape seller) from 
        time to time provides to marketers of goods and services, the 
        names and addresses of customers and a description or subject 
        matter of materials rented or purchased by video customers.  The 
        videotape service provider (videotape seller) may not include 
        your name, address, or the description or subject matter of any 
        material rented or purchased in these lists without your written 
        consent.  This election may be changed by you, in writing, at 
        any time. 
           I do not object to the release of my name, address, or the 
        description or subject matter of the material rented or 
        purchased. 
           ................ 
           Signature" 
           Subd. 5.  [EXCLUSION FROM EVIDENCE.] Personally 
        identifiable information obtained in any manner other than as 
        provided in this section may not be received in evidence in any 
        trial, hearing, arbitration, or other proceeding before any 
        court, grand jury, officer, agency, regulatory body, legislative 
        committee, or other authority of the state or any political 
        subdivision. 
           Subd. 6.  [DESTRUCTION OF INFORMATION.] A person subject to 
        this section shall destroy personally identifiable information 
        as soon as practicable, but no later than one year from the date 
        the information is no longer necessary for the purpose for which 
        it was collected and there are no pending requests or orders for 
        access to the information under this section. 
           Subd. 7.  [PROHIBITION ON REFUSAL OF SERVICES.] A videotape 
        service provider or videotape seller may not require a consumer 
        to execute a consent under subdivision 4 as a condition of 
        providing videotape goods or services to the consumer. 
           Sec. 37.  [325I.03] [ENFORCEMENT; CIVIL LIABILITY.] 
           The public and private remedies in section 8.31 apply to 
        violations of section 325I.02.  In addition, a consumer who 
        prevails or substantially prevails in an action brought under 
        this section is entitled to a minimum of $500 in damages, 
        regardless of the amount of actual damage proved, plus costs, 
        disbursements, and reasonable attorney fees.  Sections 325I.01 
        to 325I.03 do not affect any rights or remedies available under 
        other law. 
           Sec. 38.  Minnesota Statutes 1992, section 403.07, 
        subdivision 4, is amended to read: 
           Subd. 4.  [USE OF FURNISHED INFORMATION.] Names, addresses, 
        and telephone numbers provided to a 911 system under subdivision 
        3 are private data and may be used only for identifying the 
        location or identity, or both, of a person calling a 911 public 
        safety answering point.  The information furnished under 
        subdivision 3 may not be used or disclosed by 911 system 
        agencies, their agents, or their employees for any other purpose 
        except under a court order.  A telephone company or 
        telecommunications provider is not liable to any person for the 
        good faith release to emergency communications personnel of 
        information not in the public record, including, but not limited 
        to, nonpublished or nonlisted telephone numbers. 
           Sec. 39.  Minnesota Statutes 1992, section 471.705, is 
        amended to read: 
           471.705 [MEETINGS OF GOVERNING BODIES; OPEN TO PUBLIC; 
        EXCEPTIONS.] 
           Subdivision 1.  [REQUIREMENT PRESUMPTION OF OPENNESS.] 
        Except as otherwise expressly provided by statute, all meetings, 
        including executive sessions, of any state agency, board, 
        commission or department when required or permitted by law to 
        transact public business in a meeting, and the governing body of 
        any school district however organized, unorganized territory, 
        county, city, town, or other public body, and of any committee, 
        subcommittee, board, department or commission thereof, shall be 
        open to the public, except meetings of the commissioner of 
        corrections.  The votes of the members of such state agency, 
        board, commission, or department or of such governing body, 
        committee, subcommittee, board, department, or commission on any 
        action taken in a meeting herein required to be open to the 
        public shall be recorded in a journal kept for that 
        purpose, which and the journal shall be open to the public 
        during all normal business hours where such records are kept.  
        The vote of each member shall be recorded on each appropriation 
        of money, except for payments of judgments, claims and amounts 
        fixed by statute.  This section shall not apply to any state 
        agency, board, or commission when exercising quasi-judicial 
        functions involving disciplinary proceedings. 
           Subd. 1a.  [LABOR NEGOTIATIONS; EXCEPTION.] Subdivision 1 
        does not apply to a meeting held pursuant to the procedure in 
        this subdivision.  The governing body of a public employer may 
        by a majority vote in a public meeting decide to hold a closed 
        meeting to consider strategy for labor negotiations, including 
        negotiation strategies or developments or discussion and review 
        of labor negotiation proposals, conducted pursuant to sections 
        179A.01 to 179A.25.  The time of commencement and place of the 
        closed meeting shall be announced at the public meeting.  A 
        written roll of members and all other persons present at the 
        closed meeting shall be made available to the public after the 
        closed meeting.  The proceedings of a closed meeting to discuss 
        negotiation strategies shall be tape recorded tape-recorded at 
        the expense of the governing body and.  The recording shall be 
        preserved by it for two years after the contract is signed and 
        shall be made available to the public after all labor contracts 
        are signed by the governing body for the current budget period.  
           If an action is brought claiming that public business other 
        than discussions of labor negotiation strategies or developments 
        or discussion and review of labor negotiation proposals was 
        transacted at a closed meeting held pursuant to this subdivision 
        during the time when the tape is not available to the public, 
        the court shall review the recording of the meeting in camera.  
        If the court determines that no violation of this section is 
        found finds that this subdivision was not violated, the action 
        shall be dismissed and the recording shall be sealed and 
        preserved in the records of the court until otherwise made 
        available to the public pursuant to this section subdivision.  
        If the court determines that a violation of this section is 
        found finds that this subdivision was violated, the recording 
        may be introduced at trial in its entirety subject to any 
        protective orders as requested by either party and deemed 
        appropriate by the court.  
           The prevailing party in an action brought before or after 
        the tape is made available to the public which establishes that 
        a violation of this section has occurred shall recover costs and 
        reasonable attorney's fees as determined by the court.  
           Subd. 1b.  [AGENDA WRITTEN MATERIALS.] In any meeting which 
        under subdivision 1 must be open to the public, at least one 
        copy of any printed materials relating to the agenda items of 
        the meeting which are prepared or distributed by or at the 
        direction of the governing body or its employees and which are:  
           (1) distributed at the meeting to all members of the 
        governing body; 
           (2) distributed before the meeting to all members; or 
           (3) available in the meeting room to all members; 
        shall be available in the meeting room for inspection by the 
        public.  The materials shall be available to the public while 
        the governing body considers their subject matter.  This 
        subdivision does not apply to materials classified by law as 
        other than public as defined in chapter 13, or to materials 
        relating to the agenda items of a closed meeting held in 
        accordance with the procedures in subdivision 1a or other law 
        permitting the closing of meetings.  If a member intentionally 
        violates the requirements of this subdivision, that member shall 
        be subject to a civil penalty in an amount not to exceed $100. 
        An action to enforce this penalty may be brought by any person 
        in any court of competent jurisdiction where the administrative 
        office of the member is located. 
           Subd. 1c.  [NOTICE OF MEETINGS.] (a)  [REGULAR MEETINGS.] A 
        schedule of the regular meetings of a public body shall be kept 
        on file at its primary offices.  If a public body decides to 
        hold a regular meeting at a time or place different from the 
        time or place stated in its schedule of regular meetings, it 
        shall give the same notice of the meeting that is provided in 
        this subdivision for a special meeting.  
           (b)  [SPECIAL MEETINGS.] For a special meeting, except an 
        emergency meeting or a special meeting for which a notice 
        requirement is otherwise expressly established by statute, the 
        public body shall post written notice of the date, time, place, 
        and purpose of the meeting on the principal bulletin board of 
        the public body, or if the public body has no principal bulletin 
        board, on the door of its usual meeting room.  The notice shall 
        also be mailed or otherwise delivered to each person who has 
        filed a written request for notice of special meetings with the 
        public body.  This notice shall be posted and mailed or 
        delivered at least three days before the date of the meeting.  
        As an alternative to mailing or otherwise delivering notice to 
        persons who have filed a written request for notice of special 
        meetings, the public body may publish the notice once, at least 
        three days before the meeting, in the official newspaper of the 
        public body or, if there is none, in a qualified newspaper of 
        general circulation within the area of the public body's 
        authority.  A person filing a request for notice of special 
        meetings may limit the request to notification of meetings 
        concerning particular subjects, in which case the public body is 
        required to send notice to that person only concerning special 
        meetings involving those subjects.  A public body may establish 
        an expiration date for requests for notices of special meetings 
        pursuant to this paragraph and require refiling of the request 
        once each year.  Not more than 60 days before the expiration 
        date of a request for notice, the public body shall send notice 
        of the refiling requirement to each person who filed during the 
        preceding year.  
           (c)  [EMERGENCY MEETINGS.] For an emergency meeting, the 
        public body shall make good faith efforts to provide notice of 
        the meeting to each news medium that has filed a written request 
        for notice if the request includes the news medium's telephone 
        number.  Notice of the emergency meeting shall be given by 
        telephone or by any other method used to notify the members of 
        the public body.  Notice shall be provided to each news medium 
        which has filed a written request for notice as soon as 
        reasonably practicable after notice has been given to the 
        members.  Notice shall include the subject of the meeting.  
        Posted or published notice of an emergency meeting shall not be 
        required.  An "emergency" meeting is a special meeting called 
        because of circumstances that, in the judgment of the public 
        body, require immediate consideration by the public body.  If 
        matters not directly related to the emergency are discussed or 
        acted upon at an emergency meeting, the minutes of the meeting 
        shall include a specific description of the matters.  The notice 
        requirement of this paragraph supersedes any other statutory 
        notice requirement for a special meeting that is an emergency 
        meeting.  
           (d)  [RECESSED OR CONTINUED MEETINGS.] If a meeting is a 
        recessed or continued session of a previous meeting, and the 
        time and place of the meeting was established during the 
        previous meeting and recorded in the minutes of that meeting, 
        then no further published or mailed notice is necessary.  For 
        purposes of this clause, the term "meeting" includes a public 
        hearing conducted pursuant to chapter 429 or any other law or 
        charter provision requiring a public hearing by a public body.  
           (e)  [CLOSED MEETINGS.] The notice requirements of this 
        subdivision apply to closed meetings.  
           (f)  [STATE AGENCIES.] For a meeting of an agency, board, 
        commission, or department of the state, (i) the notice 
        requirements of this subdivision apply only if a statute 
        governing meetings of the agency, board, or commission does not 
        contain specific reference to the method of providing notice, 
        and (ii) all provisions of this subdivision relating to 
        publication shall be satisfied by publication in the State 
        Register.  
           (g)  [ACTUAL NOTICE.] If a person receives actual notice of 
        a meeting of a public body at least 24 hours before the meeting, 
        all notice requirements of this subdivision are satisfied with 
        respect to that person, regardless of the method of receipt of 
        notice.  
           (h)  [LIABILITY.] No fine or other penalty may be imposed 
        on a member of a public body for a violation of this subdivision 
        unless it is established that the violation was willful and 
        deliberate by the member. 
           Subd. 1d.  [TREATMENT OF DATA CLASSIFIED AS NOT PUBLIC.] 
        (a) Except as provided in this section, meetings may not be 
        closed to discuss data that are not public data.  Data that are 
        not public data may be discussed at a meeting subject to this 
        section without liability or penalty, if the disclosure relates 
        to a matter within the scope of the public body's authority, and 
        is reasonably necessary to conduct the business or agenda item 
        before the public body, and is without malice.  During an open 
        meeting, a public body shall make reasonable efforts to protect 
        from disclosure data that are not public data, including where 
        practical acting by means of reference to a letter, number, or 
        other designation that does not reveal the identity of the data 
        subject.  Data discussed at an open meeting retain the data's 
        original classification; however, a record of the meeting, 
        regardless of form, shall be public. 
           (b) Any portion of a meeting must be closed if expressly 
        required by other law or if the following types of data are 
        discussed: 
           (1) data that would identify alleged victims or reporters 
        of criminal sexual conduct, domestic abuse, or maltreatment of 
        minors or vulnerable adults; 
           (2) active investigative data as defined in section 13.82, 
        subdivision 5, or internal affairs data relating to allegations 
        of law enforcement personnel misconduct collected or created by 
        a state agency, statewide system, or political subdivision; or 
           (3) educational data, health data, medical data, welfare 
        data, or mental health data that are not public data under 
        section 13.32, 13.38, 13.42, or 13.46, subdivision 2 or 7.  
           (c) A public body shall close a meeting one or more 
        meetings for preliminary consideration of allegations or charges 
        against an individual subject to its authority.  If the members 
        conclude that discipline of any nature may be warranted as a 
        result of those specific charges or allegations, further 
        meetings or hearings relating to those specific charges or 
        allegations held after that conclusion is reached must be open.  
        A meeting must also be open at the request of the individual who 
        is the subject of the meeting.  
           (d) A public body may close a meeting to evaluate the 
        performance of an individual who is subject to its authority.  
        The public body shall identify the individual to be evaluated 
        prior to closing a meeting.  At its next open meeting, the 
        public body shall summarize its conclusions regarding the 
        evaluation.  A meeting must be open at the request of the 
        individual who is the subject of the meeting.  
           (e) Meetings may be closed if the closure is expressly 
        authorized by statute or permitted by the attorney-client 
        privilege. 
           Subd. 1e.  [REASONS FOR CLOSING A MEETING.] Before closing 
        a meeting, a public body shall state on the record the specific 
        grounds permitting the meeting to be closed and describe the 
        subject to be discussed. 
           Subd. 2.  [VIOLATION; PENALTY PENALTIES.] (a) Any person 
        who intentionally violates subdivision 1 this section shall be 
        subject to personal liability in the form of a civil penalty in 
        an amount not to exceed $100 $300 for a single occurrence, which 
        may not be paid by the public body.  An action to enforce this 
        penalty may be brought by any person in any court of competent 
        jurisdiction where the administrative office of the governing 
        body is located.  Upon a third violation by the same person 
        connected with If a person has been found to have intentionally 
        violated this section in three or more actions brought under 
        this section involving the same governing body, such person 
        shall forfeit any further right to serve on such governing body 
        or in any other capacity with such public body for a period of 
        time equal to the term of office such person was then serving.  
        The court determining the merits of any action in connection 
        with any alleged third violation shall receive competent, 
        relevant evidence in connection therewith and, upon finding as 
        to the occurrence of a separate third violation, unrelated to 
        the previous violations issue its order declaring the position 
        vacant and notify the appointing authority or clerk of the 
        governing body.  As soon as practicable thereafter the 
        appointing authority or the governing body shall fill the 
        position as in the case of any other vacancy. 
           (b) In addition to other remedies, the court may award 
        reasonable costs, disbursements, and reasonable attorney fees of 
        up to $13,000 to any party in an action under this section.  The 
        court may award costs and attorney fees to a defendant only if 
        the court finds that the action under this section was frivolous 
        and without merit.  A public body may pay any costs, 
        disbursements, or attorney fees incurred by or awarded against 
        any of its members in an action under this section. 
           (c) No monetary penalties or attorney fees may be awarded 
        against a member of a public body unless the court finds that 
        there was a specific intent to violate this section. 
           Subd. 3.  [POPULAR NAME CITATION.] This section may be 
        cited as the "Minnesota open meeting law". 
           Sec. 40.  Minnesota Statutes 1993 Supplement, section 
        595.02, subdivision 1, is amended to read: 
           Subdivision 1.  [COMPETENCY OF WITNESSES.] Every person of 
        sufficient understanding, including a party, may testify in any 
        action or proceeding, civil or criminal, in court or before any 
        person who has authority to receive evidence, except as provided 
        in this subdivision: 
           (a) A husband cannot be examined for or against his wife 
        without her consent, nor a wife for or against her husband 
        without his consent, nor can either, during the marriage or 
        afterwards, without the consent of the other, be examined as to 
        any communication made by one to the other during the marriage. 
        This exception does not apply to a civil action or proceeding by 
        one against the other, nor to a criminal action or proceeding 
        for a crime committed by one against the other or against a 
        child of either or against a child under the care of either 
        spouse, nor to a criminal action or proceeding in which one is 
        charged with homicide or an attempt to commit homicide and the 
        date of the marriage of the defendant is subsequent to the date 
        of the offense, nor to an action or proceeding for nonsupport, 
        neglect, dependency, or termination of parental rights.  
           (b) An attorney cannot, without the consent of the 
        attorney's client, be examined as to any communication made by 
        the client to the attorney or the attorney's advice given 
        thereon in the course of professional duty; nor can any employee 
        of the attorney be examined as to the communication or advice, 
        without the client's consent.  
           (c) A member of the clergy or other minister of any 
        religion shall not, without the consent of the party making the 
        confession, be allowed to disclose a confession made to the 
        member of the clergy or other minister in a professional 
        character, in the course of discipline enjoined by the rules or 
        practice of the religious body to which the member of the clergy 
        or other minister belongs; nor shall a member of the clergy or 
        other minister of any religion be examined as to any 
        communication made to the member of the clergy or other minister 
        by any person seeking religious or spiritual advice, aid, or 
        comfort or advice given thereon in the course of the member of 
        the clergy's or other minister's professional character, without 
        the consent of the person.  
           (d) A licensed physician or surgeon, dentist, or 
        chiropractor shall not, without the consent of the patient, be 
        allowed to disclose any information or any opinion based thereon 
        which the professional acquired in attending the patient in a 
        professional capacity, and which was necessary to enable the 
        professional to act in that capacity; after the decease of the 
        patient, in an action to recover insurance benefits, where the 
        insurance has been in existence two years or more, the 
        beneficiaries shall be deemed to be the personal representatives 
        of the deceased person for the purpose of waiving this 
        privilege, and no oral or written waiver of the privilege shall 
        have any binding force or effect except when made upon the trial 
        or examination where the evidence is offered or received.  
           (e) A public officer shall not be allowed to disclose 
        communications made to the officer in official confidence when 
        the public interest would suffer by the disclosure.  
           (f) Persons of unsound mind and persons intoxicated at the 
        time of their production for examination are not competent 
        witnesses if they lack capacity to remember or to relate 
        truthfully facts respecting which they are examined. 
           (g) A registered nurse, psychologist or, consulting 
        psychologist, or licensed social worker engaged in a 
        psychological or social assessment or treatment of an individual 
        at the individual's request shall not, without the consent of 
        the professional's client, be allowed to disclose any 
        information or opinion based thereon which the professional has 
        acquired in attending the client in a professional capacity, and 
        which was necessary to enable the professional to act in that 
        capacity.  Nothing in this clause exempts licensed social 
        workers from compliance with the provisions of sections 626.556 
        and 626.557.  
           (h) An interpreter for a person handicapped in 
        communication shall not, without the consent of the person, be 
        allowed to disclose any communication if the communication 
        would, if the interpreter were not present, be privileged.  For 
        purposes of this section, a "person handicapped in 
        communication" means a person who, because of a hearing, speech 
        or other communication disorder, or because of the inability to 
        speak or comprehend the English language, is unable to 
        understand the proceedings in which the person is required to 
        participate.  The presence of an interpreter as an aid to 
        communication does not destroy an otherwise existing privilege. 
           (i) Licensed chemical dependency counselors shall not 
        disclose information or an opinion based on the information 
        which they acquire from persons consulting them in their 
        professional capacities, and which was necessary to enable them 
        to act in that capacity, except that they may do so:  
           (1) when informed consent has been obtained in writing, 
        except in those circumstances in which not to do so would 
        violate the law or would result in clear and imminent danger to 
        the client or others; 
           (2) when the communications reveal the contemplation or 
        ongoing commission of a crime; or 
           (3) when the consulting person waives the privilege by 
        bringing suit or filing charges against the licensed 
        professional whom that person consulted.  
           (j) A parent or the parent's minor child may not be 
        examined as to any communication made in confidence by the minor 
        to the minor's parent.  A communication is confidential if made 
        out of the presence of persons not members of the child's 
        immediate family living in the same household.  This exception 
        may be waived by express consent to disclosure by a parent 
        entitled to claim the privilege or by the child who made the 
        communication or by failure of the child or parent to object 
        when the contents of a communication are demanded.  This 
        exception does not apply to a civil action or proceeding by one 
        spouse against the other or by a parent or child against the 
        other, nor to a proceeding to commit either the child or parent 
        to whom the communication was made or to place the person or 
        property or either under the control of another because of an 
        alleged mental or physical condition, nor to a criminal action 
        or proceeding in which the parent is charged with a crime 
        committed against the person or property of the communicating 
        child, the parent's spouse, or a child of either the parent or 
        the parent's spouse, or in which a child is charged with a crime 
        or act of delinquency committed against the person or property 
        of a parent or a child of a parent, nor to an action or 
        proceeding for termination of parental rights, nor any other 
        action or proceeding on a petition alleging child abuse, child 
        neglect, abandonment or nonsupport by a parent.  
           (k) Sexual assault counselors may not be compelled to 
        testify about any opinion or information received from or about 
        the victim without the consent of the victim.  However, a 
        counselor may be compelled to identify or disclose information 
        in investigations or proceedings related to neglect or 
        termination of parental rights if the court determines good 
        cause exists.  In determining whether to compel disclosure, the 
        court shall weigh the public interest and need for disclosure 
        against the effect on the victim, the treatment relationship, 
        and the treatment services if disclosure occurs.  Nothing in 
        this clause exempts sexual assault counselors from compliance 
        with the provisions of sections 626.556 and 626.557.  
           "Sexual assault counselor" for the purpose of this section 
        means a person who has undergone at least 40 hours of crisis 
        counseling training and works under the direction of a 
        supervisor in a crisis center, whose primary purpose is to 
        render advice, counseling, or assistance to victims of sexual 
        assault.  
           (l) A person cannot be examined as to any communication or 
        document, including worknotes, made or used in the course of or 
        because of mediation pursuant to an agreement to mediate.  This 
        does not apply to the parties in the dispute in an application 
        to a court by a party to have a mediated settlement agreement 
        set aside or reformed.  A communication or document otherwise 
        not privileged does not become privileged because of this 
        paragraph.  This paragraph is not intended to limit the 
        privilege accorded to communication during mediation by the 
        common law. 
           (m) A child under ten years of age is a competent witness 
        unless the court finds that the child lacks the capacity to 
        remember or to relate truthfully facts respecting which the 
        child is examined.  A child describing any act or event may use 
        language appropriate for a child of that age. 
           (n) A communication assistant for a telecommunications 
        relay system for communication-impaired persons shall not, 
        without the consent of the person making the communication, be 
        allowed to disclose communications made to the communication 
        assistant for the purpose of relaying. 
           Sec. 41.  Minnesota Statutes 1993 Supplement, section 
        624.7131, subdivision 1, is amended to read: 
           Subdivision 1.  [INFORMATION.] Any person may apply for a 
        transferee permit by providing the following information in 
        writing to the chief of police of an organized full time police 
        department of the municipality in which the person resides or to 
        the county sheriff if there is no such local chief of police: 
           (a) the name, residence, telephone number and driver's 
        license number or nonqualification certificate number, if any, 
        of the proposed transferee; 
           (b) the sex, date of birth, height, weight and color of 
        eyes, and distinguishing physical characteristics, if any, of 
        the proposed transferee; and 
           (c) a statement that the proposed transferee authorizes the 
        release to the local police authority of commitment information 
        about the proposed transferee maintained by the commissioner of 
        human services, to the extent that the information relates to 
        the proposed transferee's eligibility to possess a pistol or 
        semiautomatic military-style assault weapon under section 
        624.713, subdivision 1; and 
           (d) a statement by the proposed transferee that the 
        proposed transferee is not prohibited by section 624.713 from 
        possessing a pistol or semiautomatic military-style assault 
        weapon. 
           The statement statements shall be signed and dated by the 
        person applying for a permit.  At the time of application, the 
        local police authority shall provide the applicant with a dated 
        receipt for the application.  The statement under clause (c) 
        must comply with any applicable requirements of Code of Federal 
        Regulations, title 42, sections 2.31 to 2.35, with respect to 
        consent to disclosure of alcohol or drug abuse patient records. 
           Sec. 42.  Minnesota Statutes 1992, section 624.7131, 
        subdivision 2, is amended to read: 
           Subd. 2.  [INVESTIGATION.] The chief of police or sheriff 
        shall check criminal histories, records and warrant information 
        relating to the applicant through the Minnesota crime 
        information system.  The chief of police or sheriff shall obtain 
        commitment information from the commissioner of human services 
        as provided in section 245.041. 
           Sec. 43.  Minnesota Statutes 1993 Supplement, section 
        624.7132, subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIRED INFORMATION.] Except as provided 
        in this section and section 624.7131, every person who agrees to 
        transfer a pistol or semiautomatic military-style assault weapon 
        shall report the following information in writing to the chief 
        of police of the organized full-time police department of the 
        municipality where the agreement is made or to the appropriate 
        county sheriff if there is no such local chief of police: 
           (a) the name, residence, telephone number and driver's 
        license number or nonqualification certificate number, if any, 
        of the proposed transferee; 
           (b) the sex, date of birth, height, weight and color of 
        eyes, and distinguishing physical characteristics, if any, of 
        the proposed transferee; 
           (c) a statement that the proposed transferee authorizes the 
        release to the local police authority of commitment information 
        about the proposed transferee maintained by the commissioner of 
        human services, to the extent that the information relates to 
        the proposed transferee's eligibility to possess a pistol or 
        semiautomatic military-style assault weapon under section 
        624.713, subdivision 1; 
           (d) a statement by the proposed transferee that the 
        transferee is not prohibited by section 624.713 from possessing 
        a pistol or semiautomatic military-style assault weapon; and 
           (d) (e) the address of the place of business of the 
        transferor. 
           The report shall be signed and dated by the transferor and 
        the proposed transferee.  The report shall be delivered by the 
        transferor to the chief of police or sheriff no later than three 
        days after the date of the agreement to transfer, excluding 
        weekends and legal holidays.  The statement under clause (c) 
        must comply with any applicable requirements of Code of Federal 
        Regulations, title 42, sections 2.31 to 2.35, with respect to 
        consent to disclosure of alcohol or drug abuse patient records. 
           Sec. 44.  Minnesota Statutes 1993 Supplement, section 
        624.7132, subdivision 2, is amended to read: 
           Subd. 2.  [INVESTIGATION.] Upon receipt of a transfer 
        report, the chief of police or sheriff shall check criminal 
        histories, records and warrant information relating to the 
        proposed transferee through the Minnesota crime information 
        system.  The chief of police or sheriff shall obtain commitment 
        information from the commissioner of human services as provided 
        in section 245.041. 
           Sec. 45.  Minnesota Statutes 1992, section 624.714, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONTENTS.] Applications for permits to carry 
        shall set forth in writing the following information: 
           (1) the name, residence, telephone number, and driver's 
        license number or nonqualification certificate number, if any, 
        of the applicant; 
           (2) the sex, date of birth, height, weight, and color of 
        eyes and hair, and distinguishing physical characteristics, if 
        any, of the applicant; 
           (3) a statement that the applicant authorizes the release 
        to the local police authority of commitment information about 
        the applicant maintained by the commissioner of human services, 
        to the extent that the information relates to the applicant's 
        eligibility to possess a pistol or semiautomatic military-style 
        assault weapon under section 624.713, subdivision 1; 
           (4) a statement by the applicant that the applicant is not 
        prohibited by section 624.713 from possessing a pistol or 
        semiautomatic military-style assault weapon; and 
           (4) (5) a recent color photograph of the applicant. 
        The application shall be signed and dated by the applicant.  The 
        statement under clause (3) must comply with any applicable 
        requirements of Code of Federal Regulations, title 42, sections 
        2.31 to 2.35, with respect to consent to disclosure of alcohol 
        or drug abuse patient records. 
           Sec. 46.  Minnesota Statutes 1992, section 624.714, 
        subdivision 4, is amended to read: 
           Subd. 4.  [INVESTIGATION.] The application authority shall 
        check criminal records, histories, and warrant information on 
        each applicant through the Minnesota Crime Information System. 
        The chief of police or sheriff shall obtain commitment 
        information from the commissioner of human services as provided 
        in section 245.041. 
           Sec. 47.  Laws 1990, chapter 566, section 9, as amended by 
        Laws 1992, chapter 569, section 36, is amended to read: 
           Sec. 9.  [REPEALER.] 
           Section 2 is repealed effective July 31, 1994 1995. 
           Sec. 48.  [INFORMATION POLICY TRAINING PLAN.] 
           Subdivision 1.  [GENERAL.] The commissioner of 
        administration is responsible for the preparation of a plan for 
        training state and local government officials and employees on 
        data practices laws and procedures and other information policy 
        statutes, including official records and records management 
        statutes.  The plan must include training models for state 
        agencies, counties, cities, school districts, higher education 
        agencies, and human service agencies.  The plan must focus on 
        the development of broad-based training expertise and 
        responsibility for training within these entities.  The plan 
        must be developed in consultation with representatives of these 
        entities, including: 
           (1) information policy council, commissioner of employee 
        relations, and attorney general; 
           (2) association of counties, county attorneys' council, and 
        counties insurance trust; 
           (3) league of Minnesota cities, city attorneys' 
        association, and cities insurance trust; 
           (4) school board association, council of school attorneys, 
        and school board association insurance trust; 
           (5) higher education agencies, University of Minnesota, and 
        university attorneys' office; and 
           (6) commissioner of human services, county human service 
        agencies, and private nonprofit agencies that provide social 
        services. 
           Subd. 2.  [MODELS.] The training models developed under 
        subdivision 1 must: 
           (1) identify training needs within each group of entities, 
        including the need for mandatory training for certain positions 
        and continuing as well as initial training requirements; 
           (2) provide for assignment of training responsibility 
        within the entities and procedures for training; and 
           (3) provide for training resources, including the use of 
        electronic communications and other forms of technology, 
        audiovisual materials, and the development of written materials 
        and standard forms, such as consent forms. 
           Subd. 3.  [REPORT.] The commissioner of administration 
        shall report to the legislature by January 1, 1995, with the 
        results of the plan prepared under this section and any other 
        recommendations for information policy training. 
           Sec. 49.  [APPROPRIATION.] 
           $50,000 is appropriated from the general fund to the 
        commissioner of administration for the purpose of preparing the 
        training plan under section 48. 
           Sec. 50.  [EFFECTIVE DATE; APPLICATION.] 
           Sections 18, 19, 24, 25, and 27, are effective the day 
        following final enactment.  Section 30 is effective April 1, 
        1994.  Section 31 is effective January 1, 1995. 
           Any increased civil penalties or awards of attorney fees 
        provided under section 39 apply only to actions for violations 
        occurring on or after August 1, 1994. 
                                   ARTICLE 2
           Section 1.  Minnesota Statutes 1992, section 13.71, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [CERTAIN DATA RECEIVED BY COMMISSIONER OF 
        COMMERCE.] Certain data received because of the commissioner's 
        participation in various organizations are classified under 
        section 45.012. 
           Sec. 2.  Minnesota Statutes 1992, section 13.71, is amended 
        by adding a subdivision to read: 
           Subd. 11.  [BANK INCORPORATORS DATA.] Financial data on 
        individuals submitted by incorporators proposing to organize a 
        bank are classified under section 46.041, subdivision 1. 
           Sec. 3.  Minnesota Statutes 1992, section 13.71, is amended 
        by adding a subdivision to read: 
           Subd. 12.  [SURPLUS LINES INSURER DATA.] Reports and 
        recommendations on the financial condition of eligible surplus 
        lines insurers submitted to the commissioner of commerce are 
        classified under section 60A.208, subdivision 7. 
           Sec. 4.  Minnesota Statutes 1992, section 13.71, is amended 
        by adding a subdivision to read: 
           Subd. 13.  [INSURER FINANCIAL CONDITION 
        DATA.] Recommendations on the financial condition of an insurer 
        submitted to the commissioner of commerce by the insurance 
        guaranty association are classified under section 60C.15. 
           Sec. 5.  Minnesota Statutes 1992, section 13.71, is amended 
        by adding a subdivision to read: 
           Subd. 14.  [INSURER SUPERVISION DATA.] Data on insurers 
        supervised by the commissioner of commerce under chapter 60G are 
        classified under section 60G.03, subdivision 1. 
           Sec. 6.  Minnesota Statutes 1992, section 13.71, is amended 
        by adding a subdivision to read: 
           Subd. 15.  [LIFE AND HEALTH INSURER DATA.] A report on an 
        insurer submitted by the life and health guaranty association to 
        the commissioner is classified under section 61B.28, subdivision 
        2. 
           Sec. 7.  Minnesota Statutes 1992, section 13.71, is amended 
        by adding a subdivision to read: 
           Subd. 16.  [SOLICITOR OR AGENT DATA.] Data relating to 
        suspension or revocation of a solicitor's or agent's license are 
        classified under section 62C.17, subdivision 4. 
           Sec. 8.  Minnesota Statutes 1992, section 13.71, is amended 
        by adding a subdivision to read: 
           Subd. 17.  [LEGAL SERVICE PLAN SOLICITOR OR AGENT DATA.] 
        Information contained in a request by a legal service plan for 
        termination of a solicitor's or agent's license is classified 
        under section 62G.20, subdivision 3. 
           Sec. 9.  Minnesota Statutes 1992, section 13.99, is amended 
        by adding a subdivision to read: 
           Subd. 6c.  [AQUACULTURE DATA.] Data on aquatic farming held 
        by the pollution control agency is classified under section 
        17.498. 
           Sec. 10.  Minnesota Statutes 1992, section 13.99, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PESTICIDE DEALER AND APPLICATOR RECORDS.] 
        Records of pesticide dealers and applicators inspected or copied 
        by the commissioner of agriculture are classified under section 
        sections 18B.37, subdivision 5, and 18B.38. 
           Sec. 11.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 7a.  [WHOLESALE PRODUCE DEALERS.] Financial data 
        submitted by a license applicant is classified under section 
        27.04, subdivision 2. 
           Sec. 12.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 7b.  [MEAT INSPECTION DATA.] Access to information 
        obtained by the commissioner of agriculture under the meat 
        inspection law is governed by section 31A.27, subdivision 3. 
           Sec. 13.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 8a.  [DAIRY PRODUCT DATA.] Financial and production 
        information obtained by the commissioner of agriculture to 
        administer chapter 34 are classified under section 32.71, 
        subdivision 2. 
           Sec. 14.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 17a.  [HMO FINANCIAL STATEMENTS.] Unaudited financial 
        statements submitted to the commissioner by a health maintenance 
        organization are classified under section 62D.08, subdivision 6. 
           Sec. 15.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 19a.  [HEALTH TECHNOLOGY DATA.] Data obtained by the 
        health technology advisory committee about a specific technology 
        are classified under section 62J.152, subdivision 7. 
           Sec. 16.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 19b.  [PROVIDER CONFLICTS OF INTEREST.] Certain data 
        in transition plans submitted by providers to comply with 
        section 62J.23, subdivision 2, on conflicts of interest are 
        classified under that section. 
           Sec. 17.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 19c.  [HEALTH CARE ANALYSIS DATA.] Data collected by 
        the health care analysis unit are classified under section 
        62J.30, subdivision 7. 
           Sec. 18.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 19d.  [HEALTH CARRIER DATA.] Data received by the 
        commissioner from health carriers under chapter 62L are 
        classified under section 62L.10, subdivision 3. 
           Sec. 19.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 19e.  [SMALL EMPLOYER REINSURANCE ASSOCIATION 
        DATA.] Patient identifying data held by the reinsurance 
        association are classified under section 62L.16, subdivision 6. 
           Sec. 20.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 21a.  [MINERAL DEPOSIT EVALUATION DATA.] Data 
        submitted in applying for a permit for mineral deposit 
        evaluation are classified under section 103I.605, subdivision 2. 
           Sec. 21.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 21b.  [TRANSFER STATION DATA.] Data received by a 
        county or district from a transfer station under section 
        115A.84, subdivision 5, are classified under that section. 
           Sec. 22.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 21c.  [CUSTOMER LISTS.] Customer lists provided to 
        counties or cities by solid waste collectors are classified 
        under section 115A.93, subdivision 5. 
           Sec. 23.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 27a.  [MINNESOTA TECHNOLOGY, INC.] Data on a tape of 
        a closed board meeting of Minnesota Technology, Inc. are 
        classified under section 116O.03, subdivision 6.  Certain data 
        disclosed to the board or employees of Minnesota Technology, 
        Inc. are classified under section 116O.03, subdivision 7. 
           Sec. 24.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 27b.  [AIRLINES DATA.] Specified data about an 
        airline submitted in connection with state financing of certain 
        aircraft maintenance facilities are classified under section 
        116R.02, subdivision 3. 
           Sec. 25.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 27c.  [MINNESOTA BUSINESS FINANCE, INC.] Various data 
        held by Minnesota Business Finance, Inc. are classified under 
        section 116S.02, subdivision 8. 
           Sec. 26.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 27d.  [LEARNING READINESS PROGRAM.] Data on a child 
        participating in a learning readiness program are classified 
        under section 121.831, subdivision 9. 
           Sec. 27.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 29a.  [PARENTS' SOCIAL SECURITY NUMBER; BIRTH 
        CERTIFICATE.] Parents' social security numbers provided for a 
        child's birth certificate are classified under section 144.215, 
        subdivision 4. 
           Sec. 28.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 35a.  [PUBLIC HOSPITAL MEETINGS.] Data from a closed 
        meeting of a public hospital are classified under section 
        144.581, subdivision 5. 
           Sec. 29.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 35b.  [EPIDEMIOLOGIC DATA.] Epidemiologic data that 
        identify individuals are classified under section 144.6581. 
           Sec. 30.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 38a.  [AMBULANCE SERVICE DATA.] Data required to be 
        reported by ambulance services under section 144.807, 
        subdivision 1, are classified under that section. 
           Sec. 31.  Minnesota Statutes 1992, section 13.99, 
        subdivision 39, is amended to read: 
           Subd. 39.  [HOME CARE SERVICES.] Certain data from 
        providers of home care services given to the commissioner of 
        health are classified under section sections 144A.46, 
        subdivision 5, and 144A.47. 
           Sec. 32.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 39a.  [NURSING HOME EMPLOYEE DATA.] Certain data 
        arising out of appeals from findings of neglect, abuse, or 
        misappropriation of property are classified under section 
        144A.612. 
           Sec. 33.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 42a.  [PHYSICIAN HEALTH DATA.] Physician health data 
        obtained by the licensing board in connection with a 
        disciplinary action are classified under section 147.091, 
        subdivision 6. 
           Sec. 34.  Minnesota Statutes 1992, section 13.99, 
        subdivision 45, is amended to read: 
           Subd. 45.  [CHIROPRACTIC REVIEW RECORDS.] Data of the board 
        of chiropractic examiners and the peer review committee are 
        classified under section sections 148.10, subdivision 1, and 
        148.106, subdivision 10. 
           Sec. 35.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 48a.  [LICENSEE RESIDENCE ADDRESSES.] Residence 
        addresses of certain professional licensees are classified under 
        section 148B.04, subdivision 6. 
           Sec. 36.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 52a.  [FUNERAL ESTABLISHMENT REPORTS.] Data on 
        individuals in annual reports required of certain funeral 
        establishments are classified under section 149.13, subdivision 
        7. 
           Sec. 37.  Minnesota Statutes 1992, section 13.99, 
        subdivision 53, is amended to read: 
           Subd. 53.  [BOARD OF DENTISTRY.] Data obtained by the board 
        of dentistry under section 150A.08, subdivision 6, are 
        classified as provided in that subdivision.  Data obtained under 
        section 150A.081 are classified under that section. 
           Sec. 38.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 53a.  [CONTROLLED SUBSTANCE CONVICTIONS.] Data on 
        certain convictions for controlled substances offenses may be 
        expunged under section 152.18, subdivisions 2 and 3. 
           Sec. 39.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 54a.  [CHEMICAL USE ASSESSMENTS.] A report of an 
        assessment conducted in connection with a conviction for driving 
        while intoxicated is classified under section 169.126, 
        subdivision 2. 
           Sec. 40.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 58a.  [WORKERS' COMPENSATION MEDICAL DATA.] Access to 
        medical data in connection with a workers' compensation claim is 
        governed by section 176.138. 
           Sec. 41.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 59a.  [EMPLOYEE DRUG AND ALCOHOL TESTS.] Results of 
        employee drug and alcohol tests are classified under section 
        181.954, subdivision 2. 
           Sec. 42.  Minnesota Statutes 1992, section 13.99, 
        subdivision 60, is amended to read: 
           Subd. 60.  [OCCUPATIONAL SAFETY AND HEALTH.] Certain data 
        gathered or prepared by the commissioner of labor and industry 
        as part of occupational safety and health inspections are 
        classified under section sections 182.659, subdivision 8, and 
        182.668, subdivision 2. 
           Sec. 43.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 65c.  [RAIL CARRIER DATA.] Certain data submitted to 
        the commissioner of transportation and the attorney general by 
        acquiring and divesting rail carriers are classified under 
        section 222.86, subdivision 3. 
           Sec. 44.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 65d.  [GRAIN BUYER LICENSEE DATA.] Financial data 
        submitted to the commissioner by grain buyer's license 
        applicants are classified under section 223.17, subdivision 6. 
           Sec. 45.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 65e.  [PREDATORY OFFENDERS.] Data provided under 
        section 243.166, subdivision 7, are classified under that 
        section. 
           Sec. 46.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 68a.  [OMBUDSMAN FOR MENTAL HEALTH AND 
        RETARDATION.] Access by the ombudsman for mental health and 
        mental retardation to private data on individuals is provided 
        under section 245.94, subdivision 1. 
           Sec. 47.  Minnesota Statutes 1992, section 13.99, 
        subdivision 71, is amended to read: 
           Subd. 71.  [RAMSEY HEALTH CARE.] Data maintained by Ramsey 
        Health Care, Inc., are classified under section sections 
        246A.16, subdivision 3, and 246A.17. 
           Sec. 48.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 74a.  [TECHNOLOGY ASSISTANCE REVIEW PANEL.] Data 
        maintained by the technology assistance review panel under 
        section 256.9691, subdivision 6, are classified under that 
        section. 
           Sec. 49.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 74b.  [MEDICAL ASSISTANCE COST REPORTS.] Medical 
        records of medical assistance recipients obtained by the 
        commissioner of human services for purposes of section 256B.27, 
        subdivision 5, are classified under that section. 
           Sec. 50.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read:  
           Subd. 79a.  [COURT RECORDS.] Court records of dispositions 
        involving placement outside this state are classified under 
        section 260.195, subdivision 6. 
           Sec. 51.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read:  
           Subd. 81a.  [WAGE SUBSIDY PROGRAM.] Data on individuals 
        collected under section 268.552, subdivision 7, are classified 
        under that subdivision. 
           Sec. 52.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read:  
           Subd. 91a.  [HAZARDOUS SUBSTANCE EMERGENCIES.] Data 
        collected by a fire department under sections 299F.091 to 
        299F.099 are classified under sections 299F.095 and 299F.096, 
        subdivision 1. 
           Sec. 53.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 92b.  [DATA ON VIDEOTAPE CONSUMERS.] Personally 
        identifiable information on videotape consumers received by law 
        enforcement agencies is classified under section 325I.02, 
        subdivision 2. 
           Sec. 54.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read:  
           Subd. 92c.  [SPORTS BOOKMAKING TAX.] Disclosure of facts 
        contained in a sports bookmaking tax return is prohibited by 
        section 349.2115, subdivision 8. 
           Sec. 55.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read:  
           Subd. 92d.  [LOTTERY PRIZE WINNER.] Certain data on a 
        lottery prize winner are classified under section 349A.08, 
        subdivision 9. 
           Sec. 56.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read:  
           Subd. 94a.  [PROPERTY TAX ABATEMENT.] Certain data in an 
        application for property tax abatement are classified under 
        section 375.192, subdivision 2. 
           Sec. 57.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read:  
           Subd. 96a.  [SOLID WASTE COLLECTOR.] Data obtained in an 
        audit of a solid waste collector under section 400.08, 
        subdivision 4, are classified under that subdivision. 
           Sec. 58.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read:  
           Subd. 96b.  [EMERGENCY TELEPHONE SERVICES.] Public utility 
        data and names, addresses, and telephone numbers provided to a 
        911 system under section 403.07, subdivisions 3 and 4, are 
        classified under those subdivisions. 
           Sec. 59.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read:  
           Subd. 96c.  [PUBLIC FACILITIES AUTHORITY.] Financial 
        information received or prepared by a public facilities 
        authority are classified under section 446A.11, subdivision 11. 
           Sec. 60.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read:  
           Subd. 96d.  [HOUSING FINANCE AGENCY.] Financial information 
        regarding a housing finance agency loan or grant recipient are 
        classified under section 462A.065. 
           Sec. 61.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read:  
           Subd. 97a.  [ECONOMIC DEVELOPMENT DATA.] Access to 
        preliminary information submitted to the commissioner of trade 
        and economic development under sections 469.142 to 469.151 or 
        sections 469.152 to 469.165 is limited under sections 469.150 
        and 469.154, subdivision 2. 
           Sec. 62.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read:  
           Subd. 101a.  [CUSTODY MEDIATION.] Child custody or 
        visitation mediation records are classified under section 
        518.619, subdivision 5. 
           Sec. 63.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read:  
           Subd. 101b.  [INTERNATIONAL WILL REGISTRATION.] Information 
        on the execution of international wills is classified under 
        section 524.2-1010, subdivision 1. 
           Sec. 64.  Minnesota Statutes 1992, section 13.99, is 
        amended by adding a subdivision to read:  
           Subd. 107a.  [SEX OFFENDER HIV TESTS.] Results of HIV tests 
        of sex offenders under section 611A.19, subdivision 2, are 
        classified under that section. 
           Presented to the governor May 6, 1994 
           Signed by the governor May 10, 1994, 4:47 p.m.

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