1.1                          A bill for an act 
  1.2             relating to data practices; collection and 
  1.3             dissemination of data; proposing and modifying 
  1.4             classifications of data; providing for sharing and 
  1.5             release of certain not public data; requiring release 
  1.6             of mental health records to law enforcement in certain 
  1.7             emergency situations; amending Minnesota Statutes 
  1.8             2002, sections 13.3805, by adding a subdivision; 
  1.9             13.43, subdivision 2, by adding a subdivision; 13.44, 
  1.10            by adding a subdivision; 13.46, subdivisions 1, 7; 
  1.11            13.461, by adding a subdivision; 13.47, subdivision 4; 
  1.12            13.51, subdivision 2, by adding a subdivision; 13.598, 
  1.13            as amended; 13.685; 13.7931, by adding a subdivision; 
  1.14            13.82, subdivision 5; 13.871, by adding a subdivision; 
  1.15            13D.05, subdivision 3; 38.04; 45.027, subdivision 7a; 
  1.16            60A.03, subdivision 9; 60A.031, subdivision 4; 
  1.17            119B.02, subdivision 6; 144.335, subdivision 3a, by 
  1.18            adding a subdivision; 270B.01, subdivision 8; 270B.12, 
  1.19            subdivision 9; 270B.14, subdivision 2; 626.556, by 
  1.20            adding a subdivision; 626.557, subdivision 9a; 
  1.21            629.341, subdivision 4; Minnesota Statutes 2003 
  1.22            Supplement, sections 13.46, subdivisions 2, 4; 268.19, 
  1.23            subdivisions 1, 2; 270B.12, subdivision 13; Laws 2002, 
  1.24            chapter 266, section 1; proposing coding for new law 
  1.25            in Minnesota Statutes, chapters 13; 15; 84; repealing 
  1.26            Minnesota Statutes 2002, sections 13.319, subdivision 
  1.27            7; 13.475. 
  1.28  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.29     Section 1.  [13.203] [SERVICE COOPERATIVE CLAIMS DATA.] 
  1.30     Claims experience and all related information received from 
  1.31  carriers and claims administrators participating in a group 
  1.32  health or dental plan, including any long-term disability plan, 
  1.33  offered through the Minnesota service cooperatives to Minnesota 
  1.34  school districts and other political subdivisions, and survey 
  1.35  information collected from employees and employers participating 
  1.36  in these plans and programs, except when the executive director 
  2.1   of a Minnesota service cooperative determines that release of 
  2.2   the data will not be detrimental to the plan or program, are 
  2.3   classified as nonpublic data not on individuals. 
  2.4      Sec. 2.  [13.371] [ELECTRONIC NEWSLETTER SUBSCRIPTION 
  2.5   DATA.] 
  2.6      Data that identify a subscriber to a government entity 
  2.7   electronic newsletter or that identify an individual 
  2.8   subscriber's account or subscription interests are private data 
  2.9   on individuals. 
  2.10     Sec. 3.  Minnesota Statutes 2002, section 13.3805, is 
  2.11  amended by adding a subdivision to read: 
  2.12     Subd. 3.  [OFFICE OF HEALTH FACILITY COMPLAINTS; 
  2.13  INVESTIGATIVE DATA.] All investigative data maintained by the 
  2.14  Department of Health's Office of Health Facility Complaints are 
  2.15  subject to the provisions of and classified pursuant to section 
  2.16  626.557, subdivision 12b, paragraphs (b) and (c).  
  2.17  Notwithstanding section 626.557, subdivision 12b, paragraph (b), 
  2.18  data identifying an individual substantiated as the perpetrator 
  2.19  are public data. 
  2.20     Sec. 4.  Minnesota Statutes 2002, section 13.43, 
  2.21  subdivision 2, is amended to read: 
  2.22     Subd. 2.  [PUBLIC DATA.] (a) Except for employees described 
  2.23  in subdivision 5 and subject to the limitations in subdivision 
  2.24  5a, the following personnel data on current and former 
  2.25  employees, volunteers, and independent contractors of a state 
  2.26  agency, statewide system, or political subdivision and members 
  2.27  of advisory boards or commissions is public: 
  2.28     (1) name; employee identification number, which must not be 
  2.29  the employee's Social Security number; actual gross salary; 
  2.30  salary range; contract fees; actual gross pension; the value and 
  2.31  nature of employer paid fringe benefits; and the basis for and 
  2.32  the amount of any added remuneration, including expense 
  2.33  reimbursement, in addition to salary; 
  2.34     (2) job title and bargaining unit; job description; 
  2.35  education and training background; and previous work experience; 
  2.36     (3) date of first and last employment; 
  3.1      (4) the existence and status of any complaints or charges 
  3.2   against the employee, regardless of whether the complaint or 
  3.3   charge resulted in a disciplinary action; 
  3.4      (5) the final disposition of any disciplinary action 
  3.5   together with the specific reasons for the action and data 
  3.6   documenting the basis of the action, excluding data that would 
  3.7   identify confidential sources who are employees of the public 
  3.8   body; 
  3.9      (6) the terms of any agreement settling any dispute arising 
  3.10  out of an employment relationship, including a buyout agreement 
  3.11  as defined in section 123B.143, subdivision 2, paragraph (a); 
  3.12  except that the agreement must include specific reasons for the 
  3.13  agreement if it involves the payment of more than $10,000 of 
  3.14  public money; 
  3.15     (7) work location; a work telephone number; badge number; 
  3.16  and honors and awards received; and 
  3.17     (8) payroll time sheets or other comparable data that are 
  3.18  only used to account for employee's work time for payroll 
  3.19  purposes, except to the extent that release of time sheet data 
  3.20  would reveal the employee's reasons for the use of sick or other 
  3.21  medical leave or other not public data~~; and city and county of~~ 
  3.22  ~~residence~~. 
  3.23     (b) For purposes of this subdivision, a final disposition 
  3.24  occurs when the state agency, statewide system, or political 
  3.25  subdivision makes its final decision about the disciplinary 
  3.26  action, regardless of the possibility of any later proceedings 
  3.27  or court proceedings.  In the case of arbitration proceedings 
  3.28  arising under collective bargaining agreements, a final 
  3.29  disposition occurs at the conclusion of the arbitration 
  3.30  proceedings, or upon the failure of the employee to elect 
  3.31  arbitration within the time provided by the collective 
  3.32  bargaining agreement.  Final disposition includes a resignation 
  3.33  by an individual when the resignation occurs after the final 
  3.34  decision of the state agency, statewide system, political 
  3.35  subdivision, or arbitrator. 
  3.36     (c) The state agency, statewide system, or political 
  4.1   subdivision may display a photograph of a current or former 
  4.2   employee to a prospective witness as part of the state agency's, 
  4.3   statewide system's, or political subdivision's investigation of 
  4.4   any complaint or charge against the employee. 
  4.5      (d) A complainant has access to a statement provided by the 
  4.6   complainant to a state agency, statewide system, or political 
  4.7   subdivision in connection with a complaint or charge against an 
  4.8   employee. 
  4.9      (e) Notwithstanding paragraph (a), clause (5), upon 
  4.10  completion of an investigation of a complaint or charge against 
  4.11  a public official, or if a public official resigns or is 
  4.12  terminated from employment while the complaint or charge is 
  4.13  pending, all data relating to the complaint or charge are 
  4.14  public, unless access to the data would jeopardize an active 
  4.15  investigation or reveal confidential sources.  For purposes of 
  4.16  this paragraph, "public official" means: 
  4.17     (1) the head of a state agency and deputy and assistant 
  4.18  state agency heads; 
  4.19     (2) members of boards or commissions required by law to be 
  4.20  appointed by the governor or other elective officers; and 
  4.21     (3) executive or administrative heads of departments, 
  4.22  bureaus, divisions, or institutions. 
  4.23     Sec. 5.  Minnesota Statutes 2002, section 13.43, is amended 
  4.24  by adding a subdivision to read: 
  4.25     Subd. 5a.  [LIMITATION ON DISCLOSURE OF CERTAIN PERSONNEL 
  4.26  DATA.] Notwithstanding any other provision of this section, the 
  4.27  following data relating to employees of a secure treatment 
  4.28  facility defined in section 253B.02, subdivision 18a, employees 
  4.29  of a state correctional facility, or employees of the Department 
  4.30  of Corrections directly involved in supervision of offenders in 
  4.31  the community, shall not be disclosed to facility patients, 
  4.32  corrections inmates, or other individuals who facility or 
  4.33  correction administrators reasonably believe will use the 
  4.34  information to harass, intimidate, or assault any such employees:
  4.35  place where previous education or training occurred; place of 
  4.36  prior employment; and payroll timesheets or other comparable 
  5.1   data, to the extent that disclosure of payroll timesheets or 
  5.2   other comparable data may disclose future work assignments.  
  5.3      Sec. 6.  Minnesota Statutes 2002, section 13.44, is amended 
  5.4   by adding a subdivision to read: 
  5.5      Subd. 4.  [PERSONAL AND INTANGIBLE PROPERTY; APPRAISAL 
  5.6   DATA.] Preliminary and final market value appraisals, which are 
  5.7   made by personnel of a city or county or by an independent 
  5.8   appraiser acting on behalf of a city or county, of personal and 
  5.9   intangible property owned by the city or county, are classified 
  5.10  as nonpublic data not on individuals until either (1) a purchase 
  5.11  agreement is entered into; or (2) the parties negotiating the 
  5.12  transaction exchange appraisals. 
  5.13     Sec. 7.  Minnesota Statutes 2002, section 13.46, 
  5.14  subdivision 1, is amended to read: 
  5.15     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  5.16     (a) "Individual" means an individual according to section 
  5.17  13.02, subdivision 8, but does not include a vendor of services. 
  5.18     (b) "Program" includes all programs for which authority is 
  5.19  vested in a component of the welfare system according to statute 
  5.20  or federal law, including, but not limited to, the aid to 
  5.21  families with dependent children program formerly codified in 
  5.22  sections 256.72 to 256.87, Minnesota family investment program, 
  5.23  temporary assistance for needy families program, medical 
  5.24  assistance, general assistance, general assistance medical care, 
  5.25  child care assistance program, and child support collections.  
  5.26     (c) "Welfare system" includes the Department of Human 
  5.27  Services, local social services agencies, county welfare 
  5.28  agencies, private licensing agencies, the public authority 
  5.29  responsible for child support enforcement, human services 
  5.30  boards, community mental health center boards, state hospitals, 
  5.31  state nursing homes, the ombudsman for mental health and mental 
  5.32  retardation, and persons, agencies, institutions, organizations, 
  5.33  and other entities under contract to any of the above agencies 
  5.34  to the extent specified in the contract. 
  5.35     (d) "Mental health data" means data on individual clients 
  5.36  and patients of community mental health centers, established 
  6.1   under section 245.62, mental health divisions of counties and 
  6.2   other providers under contract to deliver mental health 
  6.3   services, or the ombudsman for mental health and mental 
  6.4   retardation. 
  6.5      (e) "Fugitive felon" means a person who has been convicted 
  6.6   of a felony and who has escaped from confinement or violated the 
  6.7   terms of probation or parole for that offense. 
  6.8      (f) "Private licensing agency" means an agency licensed by 
  6.9   the commissioner of human services under chapter 245A to perform 
  6.10  the duties under section 245A.16. 
  6.11     Sec. 8.  Minnesota Statutes 2003 Supplement, section 13.46, 
  6.12  subdivision 2, is amended to read: 
  6.13     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  6.14  a statute specifically provides a different classification, data 
  6.15  on individuals collected, maintained, used, or disseminated by 
  6.16  the welfare system is private data on individuals, and shall not 
  6.17  be disclosed except:  
  6.18     (1) according to section 13.05; 
  6.19     (2) according to court order; 
  6.20     (3) according to a statute specifically authorizing access 
  6.21  to the private data; 
  6.22     (4) to an agent of the welfare system, including a law 
  6.23  enforcement person, attorney, or investigator acting for it in 
  6.24  the investigation or prosecution of a criminal or civil 
  6.25  proceeding relating to the administration of a program; 
  6.26     (5) to personnel of the welfare system who require the data 
  6.27  to verify an individual's identity; determine eligibility, 
  6.28  amount of assistance, and the need to provide services ~~of~~ 
  6.29  ~~additional programs~~ to ~~the~~ an individual or family across 
  6.30  programs; evaluate the effectiveness of programs; and 
  6.31  investigate suspected fraud; 
  6.32     (6) to administer federal funds or programs; 
  6.33     (7) between personnel of the welfare system working in the 
  6.34  same program; 
  6.35     (8) ~~the amounts of cash public assistance and relief paid~~ 
  6.36  ~~to welfare recipients in this state, including~~ to the Department 
  7.1   of Revenue to administer and evaluate tax refund or tax credit 
  7.2   programs and to identify individuals who may benefit from these 
  7.3   programs.  The following information may be disclosed under this 
  7.4   paragraph:  an individual's and their dependent's names, dates 
  7.5   of birth, Social Security numbers, income, addresses, and other 
  7.6   data as required, upon request by the Department of Revenue ~~to~~ 
  7.7   ~~administer the property tax refund law, supplemental housing~~ 
  7.8   ~~allowance, early refund of refundable tax credits, and the~~ 
  7.9   ~~income tax~~.  ~~"Refundable tax credits" means~~ Tax refund or tax 
  7.10  credit programs include, but are not limited to, the dependent 
  7.11  care credit under section 290.067, the Minnesota working family 
  7.12  credit under section 290.0671, the property tax refund and 
  7.13  rental credit under section 290A.04, and~~, if the required~~ 
  7.14  ~~federal waiver or waivers are granted, the federal earned income~~ 
  7.15  ~~tax credit under section 32 of the Internal Revenue Code~~ the 
  7.16  Minnesota education credit under section 290.0674.  Disclosures 
  7.17  by the commissioner of revenue to the commissioner of human 
  7.18  services are governed by section 270B.14; 
  7.19     (9) between the Department of Human Services, the 
  7.20  Department of Education, and the Department of Employment and 
  7.21  Economic ~~Security~~ Development for the purpose of monitoring the 
  7.22  eligibility of the data subject for unemployment benefits, for 
  7.23  any employment or training program administered, supervised, or 
  7.24  certified by that agency, for the purpose of administering any 
  7.25  rehabilitation program or child care assistance program, whether 
  7.26  alone or in conjunction with the welfare system, or to monitor 
  7.27  and evaluate the Minnesota family investment program by 
  7.28  exchanging data on recipients and former recipients of food 
  7.29  support, cash assistance under chapter 256, 256D, 256J, or 256K, 
  7.30  child care assistance under chapter 119B, or medical programs 
  7.31  under chapter 256B, 256D, or 256L; 
  7.32     (10) to appropriate parties in connection with an emergency 
  7.33  if knowledge of the information is necessary to protect the 
  7.34  health or safety of the individual or other individuals or 
  7.35  persons; 
  7.36     (11) data maintained by residential programs as defined in 
  8.1   section 245A.02 may be disclosed to the protection and advocacy 
  8.2   system established in this state according to Part C of Public 
  8.3   Law 98-527 to protect the legal and human rights of persons with 
  8.4   mental retardation or other related conditions who live in 
  8.5   residential facilities for these persons if the protection and 
  8.6   advocacy system receives a complaint by or on behalf of that 
  8.7   person and the person does not have a legal guardian or the 
  8.8   state or a designee of the state is the legal guardian of the 
  8.9   person; 
  8.10     (12) to the county medical examiner or the county coroner 
  8.11  for identifying or locating relatives or friends of a deceased 
  8.12  person; 
  8.13     (13) data on a child support obligor who makes payments to 
  8.14  the public agency may be disclosed to the Higher Education 
  8.15  Services Office to the extent necessary to determine eligibility 
  8.16  under section 136A.121, subdivision 2, clause (5); 
  8.17     (14) participant Social Security numbers and names 
  8.18  collected by the telephone assistance program may be disclosed 
  8.19  to the Department of Revenue to conduct an electronic data match 
  8.20  with the property tax refund database to determine eligibility 
  8.21  under section 237.70, subdivision 4a; 
  8.22     (15) the current address of a Minnesota family investment 
  8.23  program participant may be disclosed to law enforcement officers 
  8.24  who provide the name of the participant and notify the agency 
  8.25  that: 
  8.26     (i) the participant: 
  8.27     (A) is a fugitive felon fleeing to avoid prosecution, or 
  8.28  custody or confinement after conviction, for a crime or attempt 
  8.29  to commit a crime that is a felony under the laws of the 
  8.30  jurisdiction from which the individual is fleeing; or 
  8.31     (B) is violating a condition of probation or parole imposed 
  8.32  under state or federal law; 
  8.33     (ii) the location or apprehension of the felon is within 
  8.34  the law enforcement officer's official duties; and 
  8.35     (iii) the request is made in writing and in the proper 
  8.36  exercise of those duties; 
  9.1      (16) the current address of a recipient of general 
  9.2   assistance or general assistance medical care may be disclosed 
  9.3   to probation officers and corrections agents who are supervising 
  9.4   the recipient and to law enforcement officers who are 
  9.5   investigating the recipient in connection with a felony level 
  9.6   offense; 
  9.7      (17) information obtained from food support applicant or 
  9.8   recipient households may be disclosed to local, state, or 
  9.9   federal law enforcement officials, upon their written request, 
  9.10  for the purpose of investigating an alleged violation of the 
  9.11  Food Stamp Act, according to Code of Federal Regulations, title 
  9.12  7, section 272.1(c); 
  9.13     (18) the address, Social Security number, and, if 
  9.14  available, photograph of any member of a household receiving 
  9.15  food support shall be made available, on request, to a local, 
  9.16  state, or federal law enforcement officer if the officer 
  9.17  furnishes the agency with the name of the member and notifies 
  9.18  the agency that:  
  9.19     (i) the member: 
  9.20     (A) is fleeing to avoid prosecution, or custody or 
  9.21  confinement after conviction, for a crime or attempt to commit a 
  9.22  crime that is a felony in the jurisdiction the member is 
  9.23  fleeing; 
  9.24     (B) is violating a condition of probation or parole imposed 
  9.25  under state or federal law; or 
  9.26     (C) has information that is necessary for the officer to 
  9.27  conduct an official duty related to conduct described in subitem 
  9.28  (A) or (B); 
  9.29     (ii) locating or apprehending the member is within the 
  9.30  officer's official duties; and 
  9.31     (iii) the request is made in writing and in the proper 
  9.32  exercise of the officer's official duty; 
  9.33     (19) the current address of a recipient of Minnesota family 
  9.34  investment program, general assistance, general assistance 
  9.35  medical care, or food support may be disclosed to law 
  9.36  enforcement officers who, in writing, provide the name of the 
 10.1   recipient and notify the agency that the recipient is a person 
 10.2   required to register under section 243.166, but is not residing 
 10.3   at the address at which the recipient is registered under 
 10.4   section 243.166; 
 10.5      (20) certain information regarding child support obligors 
 10.6   who are in arrears may be made public according to section 
 10.7   518.575; 
 10.8      (21) data on child support payments made by a child support 
 10.9   obligor and data on the distribution of those payments excluding 
 10.10  identifying information on obligees may be disclosed to all 
 10.11  obligees to whom the obligor owes support, and data on the 
 10.12  enforcement actions undertaken by the public authority, the 
 10.13  status of those actions, and data on the income of the obligor 
 10.14  or obligee may be disclosed to the other party; 
 10.15     (22) data in the work reporting system may be disclosed 
 10.16  under section 256.998, subdivision 7; 
 10.17     (23) to the Department of Education for the purpose of 
 10.18  matching Department of Education student data with public 
 10.19  assistance data to determine students eligible for free and 
 10.20  reduced price meals, meal supplements, and free milk according 
 10.21  to United States Code, title 42, sections 1758, 1761, 1766, 
 10.22  1766a, 1772, and 1773; to allocate federal and state funds that 
 10.23  are distributed based on income of the student's family; and to 
 10.24  verify receipt of energy assistance for the telephone assistance 
 10.25  plan; 
 10.26     (24) the current address and telephone number of program 
 10.27  recipients and emergency contacts may be released to the 
 10.28  commissioner of health or a local board of health as defined in 
 10.29  section 145A.02, subdivision 2, when the commissioner or local 
 10.30  board of health has reason to believe that a program recipient 
 10.31  is a disease case, carrier, suspect case, or at risk of illness, 
 10.32  and the data are necessary to locate the person; 
 10.33     (25) to other state agencies, statewide systems, and 
 10.34  political subdivisions of this state, including the attorney 
 10.35  general, and agencies of other states, interstate information 
 10.36  networks, federal agencies, and other entities as required by 
 11.1   federal regulation or law for the administration of the child 
 11.2   support enforcement program; 
 11.3      (26) to personnel of public assistance programs as defined 
 11.4   in section 256.741, for access to the child support system 
 11.5   database for the purpose of administration, including monitoring 
 11.6   and evaluation of those public assistance programs; 
 11.7      (27) to monitor and evaluate the Minnesota family 
 11.8   investment program by exchanging data between the Departments of 
 11.9   Human Services and Education, on recipients and former 
 11.10  recipients of food support, cash assistance under chapter 256, 
 11.11  256D, 256J, or 256K, child care assistance under chapter 119B, 
 11.12  or medical programs under chapter 256B, 256D, or 256L; 
 11.13     (28) to evaluate child support program performance and to 
 11.14  identify and prevent fraud in the child support program by 
 11.15  exchanging data between the Department of Human Services, 
 11.16  Department of Revenue under section 270B.14, subdivision 1, 
 11.17  paragraphs (a) and (b), without regard to the limitation of use 
 11.18  in paragraph (c), Department of Health, Department of Economic 
 11.19  Security, and other state agencies as is reasonably necessary to 
 11.20  perform these functions; or 
 11.21     (29) counties operating child care assistance programs 
 11.22  under chapter 119B may disseminate data on program participants, 
 11.23  applicants, and providers to the commissioner of education. 
 11.24     (b) Information on persons who have been treated for drug 
 11.25  or alcohol abuse may only be disclosed according to the 
 11.26  requirements of Code of Federal Regulations, title 42, sections 
 11.27  2.1 to 2.67. 
 11.28     (c) Data provided to law enforcement agencies under 
 11.29  paragraph (a), clause (15), (16), (17), or (18), or paragraph 
 11.30  (b), are investigative data and are confidential or protected 
 11.31  nonpublic while the investigation is active.  The data are 
 11.32  private after the investigation becomes inactive under section 
 11.33  13.82, subdivision 5, paragraph (a) or (b). 
 11.34     (d) Mental health data shall be treated as provided in 
 11.35  subdivisions 7, 8, and 9, but is not subject to the access 
 11.36  provisions of subdivision 10, paragraph (b). 
 12.1      For the purposes of this subdivision, a request will be 
 12.2   deemed to be made in writing if made through a computer 
 12.3   interface system. 
 12.4      Sec. 9.  Minnesota Statutes 2003 Supplement, section 13.46, 
 12.5   subdivision 4, is amended to read: 
 12.6      Subd. 4.  [LICENSING DATA.] (a) As used in this subdivision:
 12.7      (1) "licensing data" means all data collected, maintained, 
 12.8   used, or disseminated by the welfare system pertaining to 
 12.9   persons licensed or registered or who apply for licensure or 
 12.10  registration or who formerly were licensed or registered under 
 12.11  the authority of the commissioner of human services; 
 12.12     (2) "client" means a person who is receiving services from 
 12.13  a licensee or from an applicant for licensure; and 
 12.14     (3) "personal and personal financial data" means Social 
 12.15  Security numbers, identity of and letters of reference, 
 12.16  insurance information, reports from the Bureau of Criminal 
 12.17  Apprehension, health examination reports, and social/home 
 12.18  studies. 
 12.19     (b)(1) Except as provided in paragraph (c), the following 
 12.20  data on current and former licensees are public:  name, address, 
 12.21  telephone number of licensees, date of receipt of a completed 
 12.22  application, dates of licensure, licensed capacity, type of 
 12.23  client preferred, variances granted, type of dwelling, name and 
 12.24  relationship of other family members, previous license history, 
 12.25  class of license, and the existence and status of complaints.  
 12.26  When a correction order or fine has been issued, a license is 
 12.27  suspended, immediately suspended, revoked, denied, or made 
 12.28  conditional, or a complaint is resolved, the following data on 
 12.29  current and former licensees are public:  the substance and 
 12.30  investigative findings of the licensing or maltreatment 
 12.31  complaint~~, licensing violation, or substantiated maltreatment~~; 
 12.32  the record of informal resolution of a licensing violation; 
 12.33  orders of hearing; findings of fact; conclusions of law; 
 12.34  specifications of the final correction order, fine, suspension, 
 12.35  immediate suspension, revocation, denial, or conditional license 
 12.36  contained in the record of licensing action; and the status of 
 13.1   any appeal of these actions.  Notwithstanding sections 626.556, 
 13.2   subdivision 11, and 626.557, subdivision 12b, when an individual 
 13.3   ~~licensee~~ is a substantiated perpetrator of maltreatment in a 
 13.4   program licensed under chapter 245A, ~~and the substantiated~~ 
 13.5   ~~maltreatment is a reason for the licensing action,~~ the identity 
 13.6   of the ~~licensee as a~~ perpetrator is public data.  For purposes 
 13.7   of this clause, a person is a substantiated perpetrator if the 
 13.8   maltreatment determination has been upheld under section 
 13.9   626.556, subdivision 10i, 626.557, subdivision 9d, or 
 13.10  256.045, or chapter 14, or an individual or facility has not 
 13.11  timely exercised appeal rights under these sections. 
 13.12     (2) For applicants who withdraw their application prior to 
 13.13  licensure or denial of a license, the following data are 
 13.14  public:  the name of the applicant, the city and county in which 
 13.15  the applicant was seeking licensure, the dates of the 
 13.16  commissioner's receipt of the initial application and completed 
 13.17  application, the type of license sought, and the date of 
 13.18  withdrawal of the application. 
 13.19     (3) For applicants who are denied a license, the following 
 13.20  data are public:  the name of the applicant, the city and county 
 13.21  in which the applicant was seeking licensure, the dates of the 
 13.22  commissioner's receipt of the initial application and completed 
 13.23  application, the type of license sought, the date of denial of 
 13.24  the application, the nature of the basis for the denial, and the 
 13.25  status of any appeal of the denial. 
 13.26     (4) The following data on persons subject to 
 13.27  disqualification under section 245C.14 in connection with a 
 13.28  license to provide family day care for children, child care 
 13.29  center services, foster care for children in the provider's 
 13.30  home, or foster care or day care services for adults in the 
 13.31  provider's home, are public:  the nature of any disqualification 
 13.32  set aside under section 245C.22, subdivisions 2 and 4, and the 
 13.33  reasons for setting aside the disqualification; and the reasons 
 13.34  for granting any variance under section 245A.04, subdivision 9. 
 13.35     (5) When maltreatment is substantiated under section 
 13.36  626.556 or 626.557 and the victim and the substantiated 
 14.1   perpetrator are affiliated with a program licensed under chapter 
 14.2   245A, the commissioner of human services, local social services 
 14.3   agency, or county welfare agency may inform the license holder 
 14.4   where the maltreatment occurred of the identity of the 
 14.5   substantiated perpetrator and the victim. 
 14.6      (c) The following are private data on individuals under 
 14.7   section 13.02, subdivision 12, or nonpublic data under section 
 14.8   13.02, subdivision 9:  personal and personal financial data on 
 14.9   family day care program and family foster care program 
 14.10  applicants and licensees and their family members who provide 
 14.11  services under the license. 
 14.12     (d) The following are private data on individuals:  the 
 14.13  identity of persons who have made reports concerning licensees 
 14.14  or applicants that appear in inactive investigative data, and 
 14.15  the records of clients or employees of the licensee or applicant 
 14.16  for licensure whose records are received by the licensing agency 
 14.17  for purposes of review or in anticipation of a contested 
 14.18  matter.  The names of reporters under sections 626.556 and 
 14.19  626.557 may be disclosed only as provided in section 626.556, 
 14.20  subdivision 11, or 626.557, subdivision 12b. 
 14.21     (e) Data classified as private, confidential, nonpublic, or 
 14.22  protected nonpublic under this subdivision become public data if 
 14.23  submitted to a court or administrative law judge as part of a 
 14.24  disciplinary proceeding in which there is a public hearing 
 14.25  concerning a license which has been suspended, immediately 
 14.26  suspended, revoked, or denied. 
 14.27     (f) Data generated in the course of licensing 
 14.28  investigations that relate to an alleged violation of law are 
 14.29  investigative data under subdivision 3. 
 14.30     (g) Data that are not public data collected, maintained, 
 14.31  used, or disseminated under this subdivision that relate to or 
 14.32  are derived from a report as defined in section 626.556, 
 14.33  subdivision 2, or 626.5572, subdivision 18, are subject to the 
 14.34  destruction provisions of sections 626.556, subdivision 11c, and 
 14.35  626.557, subdivision 12b.  
 14.36     (h) Upon request, not public data collected, maintained, 
 15.1   used, or disseminated under this subdivision that relate to or 
 15.2   are derived from a report of substantiated maltreatment as 
 15.3   defined in section 626.556 or 626.557 may be exchanged with the 
 15.4   Department of Health for purposes of completing background 
 15.5   studies pursuant to section 144.057 and with the Department of 
 15.6   Corrections for purposes of completing background studies 
 15.7   pursuant to section 241.021. 
 15.8      (i) Data on individuals collected according to licensing 
 15.9   activities under chapters 245A and 245C, and data on individuals 
 15.10  collected by the commissioner of human services according to 
 15.11  maltreatment investigations under sections 626.556 and 626.557, 
 15.12  may be shared with the Department of Human Rights, the 
 15.13  Department of Health, the Department of Corrections, the 
 15.14  Ombudsman for Mental Health and Retardation, and the 
 15.15  individual's professional regulatory board when there is reason 
 15.16  to believe that laws or standards under the jurisdiction of 
 15.17  those agencies may have been violated. 
 15.18     (j) In addition to the notice of determinations required 
 15.19  under section 626.556, subdivision 10f, if the commissioner or 
 15.20  the local social services agency has determined that an 
 15.21  individual is a substantiated perpetrator of maltreatment of a 
 15.22  child based on sexual abuse, as defined in section 626.556, 
 15.23  subdivision 2, and the commissioner or local social services 
 15.24  agency knows that the individual is a person responsible for a 
 15.25  child's care in another facility, the commissioner or local 
 15.26  social services agency shall notify the head of that facility of 
 15.27  this determination.  The notification must include an 
 15.28  explanation of the individual's available appeal rights and the 
 15.29  status of any appeal.  If a notice is given under this 
 15.30  paragraph, the government entity making the notification shall 
 15.31  provide a copy of the notice to the individual who is the 
 15.32  subject of the notice. 
 15.33     Sec. 10.  Minnesota Statutes 2002, section 13.46, 
 15.34  subdivision 7, is amended to read: 
 15.35     Subd. 7.  [MENTAL HEALTH CENTER DATA.] (a) Mental health 
 15.36  data are private data on individuals and shall not be disclosed, 
 16.1   except:  
 16.2      (1) pursuant to section 13.05, as determined by the 
 16.3   responsible authority for the community mental health center, 
 16.4   mental health division, or provider; 
 16.5      (2) pursuant to court order; 
 16.6      (3) pursuant to a statute specifically authorizing access 
 16.7   to or disclosure of mental health data or as otherwise provided 
 16.8   by this subdivision; or 
 16.9      (4) with the consent of the client or patient.  
 16.10     (b) An agency of the welfare system may not require an 
 16.11  individual to consent to the release of mental health data as a 
 16.12  condition for receiving services or for reimbursing a community 
 16.13  mental health center, mental health division of a county, or 
 16.14  provider under contract to deliver mental health services. 
 16.15     (c) Notwithstanding section 245.69, subdivision 2, 
 16.16  paragraph (f), or any other law to the contrary, the responsible 
 16.17  authority for a community mental health center, mental health 
 16.18  division of a county, or a mental health provider must disclose 
 16.19  mental health data to a law enforcement agency if the law 
 16.20  enforcement agency provides the name of a client or patient and 
 16.21  communicates that the: 
 16.22     (1) client or patient is currently involved in an emergency 
 16.23  interaction with the law enforcement agency; and 
 16.24     (2) data is necessary to protect the health or safety of 
 16.25  the client or patient or of another person. 
 16.26     The scope of disclosure under this paragraph is limited to 
 16.27  the minimum necessary for law enforcement to respond to the 
 16.28  emergency and to protect the health and safety of the client or 
 16.29  patient and other persons.  Disclosure under this paragraph may 
 16.30  include, but is not limited to, the name and telephone number of 
 16.31  the psychiatrist, psychologist, therapist, mental health 
 16.32  professional, practitioner, or case manager of the client or 
 16.33  patient.  A law enforcement agency that obtains mental health 
 16.34  data under this paragraph shall maintain a record of the 
 16.35  requestor, the provider of the information, and the client or 
 16.36  patient name.  The record maintained by the law enforcement 
 17.1   agency is private data on individuals.  
 17.2      (d) In the event of a request under paragraph (a), clause 
 17.3   (4), a community mental health center, county mental health 
 17.4   division, or provider must release mental health data to 
 17.5   Criminal Mental Health Court personnel in advance of receiving a 
 17.6   copy of a consent if the Criminal Mental Health Court personnel 
 17.7   communicate that the: 
 17.8      (1) client or patient is a defendant in a criminal case 
 17.9   pending in the district court; 
 17.10     (2) data being requested is limited to information that is 
 17.11  necessary to assess whether the defendant is eligible for 
 17.12  participation in the Criminal Mental Health Court; and 
 17.13     (3) client or patient has consented to the release of the 
 17.14  mental health data and a copy of the consent will be provided to 
 17.15  the community mental health center, county mental health 
 17.16  division, or provider within 72 hours of the release of the data.
 17.17     For purposes of this paragraph, "Criminal Mental Health 
 17.18  Court" refers to a specialty criminal calendar of the Hennepin 
 17.19  County District Court for defendants with mental illness and 
 17.20  brain injury where a primary goal of the calendar is to assess 
 17.21  the treatment needs of the defendants and to incorporate those 
 17.22  treatment needs into voluntary case disposition plans.  This 
 17.23  paragraph does not in any way limit the rights of the court to 
 17.24  obtain the release of mental health data pursuant to court order 
 17.25  or any other means allowed by law. 
 17.26     Sec. 11.  Minnesota Statutes 2002, section 13.461, is 
 17.27  amended by adding a subdivision to read: 
 17.28     Subd. 28.  [CHILD CARE ASSISTANCE PROGRAM.] Data collected, 
 17.29  maintained, used, or disseminated by the welfare system 
 17.30  pertaining to persons selected as legal nonlicensed child care 
 17.31  providers by families receiving child care assistance are 
 17.32  classified under section 119B.02, subdivision 6. 
 17.33     Sec. 12.  Minnesota Statutes 2002, section 13.47, 
 17.34  subdivision 4, is amended to read: 
 17.35     Subd. 4.  [DATA PREPARATION.] To produce data required to 
 17.36  certify the eligibility of training service providers under 
 18.1   ~~section 268.0122, subdivision 3, clause (7),~~ the Workforce 
 18.2   Investment Act of 1998, United States Code, title 29, section 
 18.3   2801, or other studies required by law, the commissioner of 
 18.4   ~~economic security, in consultation with the governor's Workforce~~ 
 18.5   ~~Development Council,~~ employment and economic development may~~:~~ 
 18.6      ~~(1)~~ enter into a data exchange agreement with a training 
 18.7   service provider whereby the commissioner of ~~economic~~ 
 18.8   ~~security~~ employment and economic development shall furnish to 
 18.9   the provider wage information under section 268.044 on 
 18.10  individuals who have received training services from the 
 18.11  provider.  The provider shall use this wage information to 
 18.12  prepare summary data determined necessary by the commissioner ~~in~~ 
 18.13  ~~consultation with the governor's Workforce Development Council~~.  
 18.14  The provider may use this wage information for conducting 
 18.15  studies to improve instruction~~; or~~ 
 18.16     ~~(2) if there is no agreement under clause (1), require the~~ 
 18.17  ~~training service provider to furnish employment and training~~ 
 18.18  ~~data determined necessary by the commissioner in consultation~~ 
 18.19  ~~with the governor's Workforce Development Council~~. 
 18.20     Sec. 13.  Minnesota Statutes 2002, section 13.51, 
 18.21  subdivision 2, is amended to read: 
 18.22     Subd. 2.  [INCOME PROPERTY ASSESSMENT DATA.] The following 
 18.23  data collected by political subdivisions from individuals or 
 18.24  business entities concerning income properties are classified as 
 18.25  private or nonpublic data pursuant to section 13.02, 
 18.26  subdivisions 9 and 12: 
 18.27     (a) detailed income and expense figures ~~for the current~~ 
 18.28  ~~year plus the previous three years~~; 
 18.29     (b) average vacancy factors ~~for the previous three years~~; 
 18.30     (c) verified net rentable areas or net usable areas, 
 18.31  whichever is appropriate; 
 18.32     (d) anticipated income and expenses ~~for the current year~~; 
 18.33     (e) projected vacancy ~~factor for the current year~~ factors; 
 18.34  and 
 18.35     (f) lease information. 
 18.36     Sec. 14.  Minnesota Statutes 2002, section 13.51, is 
 19.1   amended by adding a subdivision to read: 
 19.2      Subd. 4.  [REQUEST FOR LEGAL DISCOVERY OF INCOME PROPERTY 
 19.3   ASSESSMENT DATA.] Upon request by a party to a responsible 
 19.4   authority or designee for legal discovery of income property 
 19.5   assessment data, as defined in subdivision 2, the requesting 
 19.6   party shall notify the owner of record of the property. 
 19.7      Sec. 15.  Minnesota Statutes 2002, section 13.598, as 
 19.8   amended by Laws 2003, chapter 128, article 13, section 40, and 
 19.9   Laws 2003, First Special Session chapter 4, section 1, is 
 19.10  amended to read: 
 19.11     13.598 [EMPLOYMENT AND ECONOMIC DEVELOPMENT DATA CODED 
 19.12  ELSEWHERE.] 
 19.13     Subdivision 1.  [SCOPE.] The sections referred to in 
 19.14  subdivisions ~~2~~ 2a to ~~6~~ 12 are codified outside this chapter and 
 19.15  include classification of employment and economic development 
 19.16  data as other than public, place restrictions on access to 
 19.17  government data, or involve data sharing.  
 19.18     Subd. 2a.  [COMMISSIONER OF EMPLOYMENT AND ECONOMIC 
 19.19  DEVELOPMENT.] Data maintained by the commissioner of employment 
 19.20  and economic development are classified under sections 268.19 
 19.21  and 469.154, subdivision 2. 
 19.22     Subd. 3.  [MINNESOTA TECHNOLOGY, INC.] Data on a tape of a 
 19.23  closed board meeting of Minnesota Technology, Inc. are 
 19.24  classified under section 116O.03, subdivision 6.  Certain data 
 19.25  disclosed to the board or employees of Minnesota Technology, 
 19.26  Inc. are classified under section 116O.03, subdivision 7.  
 19.27     Subd. 4.  [AIRCRAFT FACILITIES.] Specified data about an 
 19.28  airline submitted in connection with state financing of certain 
 19.29  aircraft maintenance facilities are classified under section 
 19.30  116R.02, subdivision 3.  
 19.31     Subd. 5.  [MINNESOTA BUSINESS FINANCE, INC.] Various data 
 19.32  held by Minnesota Business Finance, Inc. are classified under 
 19.33  section 116S.02, subdivision 8.  
 19.34     Subd. 6.  [LOCAL ECONOMIC DEVELOPMENT DATA.] (a) [ 
 19.35  PRELIMINARY INFORMATION.] Access to preliminary information 
 19.36  submitted to the commissioner of employment and economic 
 20.1   development under sections 469.142 to 469.151 or sections 
 20.2   469.152 to 469.165 is limited under section 469.154, subdivision 
 20.3   2.  
 20.4      (b)  [ENTERPRISE ZONES.] Data sharing between the 
 20.5   commissioner of revenue and the commissioner of employment and 
 20.6   economic development or a municipality receiving an enterprise 
 20.7   zone designation is governed by section 469.173, subdivision 5. 
 20.8      (c)  [TAX INCENTIVES.] Disclosure of data by the Department 
 20.9   of Revenue to determine eligibility for tax incentives available 
 20.10  under section 272.0212, 469.1732, or 469.1734, is governed by 
 20.11  section 469.1733, subdivision 1. 
 20.12     Subd. 7.  [PROGRAM DATA.] Program data collected on 
 20.13  individuals are classified by section 268.0122, subdivision 7. 
 20.14     Subd. 8.  [UNEMPLOYMENT INSURANCE HEARINGS.] Disclosure of 
 20.15  unemployment insurance hearing data is governed by section 
 20.16  268.105, subdivision 5. 
 20.17     Subd. 9.  [MINNESOTA YOUTH PROGRAM.] Data on individuals 
 20.18  under the Minnesota Youth program are classified under section 
 20.19  268.561, subdivision 7. 
 20.20     Subd. 10.  [EMPLOYMENT AND TRAINING PROGRAMS; DATA 
 20.21  SHARING.] Data sharing of employment and training program data 
 20.22  between the commissioner of employment and economic development, 
 20.23  the commissioner of human services, state agency personnel, and 
 20.24  other users of the inventory, referral and intake system, is 
 20.25  governed by section 268.86, subdivision 10. 
 20.26     Subd. 11.  [VOCATIONAL REHABILITATION DATA.] Disclosure of 
 20.27  data obtained by the Department of Employment and Economic 
 20.28  Development regarding the vocational rehabilitation of an 
 20.29  injured or disabled employee is governed by section 268A.05. 
 20.30     Subd. 12.  [EMPLOYER DATA.] The department may disseminate 
 20.31  an employer's name, address, industry code, and the number of 
 20.32  employees by ranges of not less than 100 for the purpose of 
 20.33  assisting individuals using the Minnesota Workforce Center 
 20.34  system in obtaining employment. 
 20.35     Sec. 16.  Minnesota Statutes 2002, section 13.685, is 
 20.36  amended to read: 
 21.1      13.685 [MUNICIPAL UTILITY CUSTOMER DATA.] 
 21.2      Data on customers of municipal electric utilities and the 
 21.3   electronic mail addresses of customers who pay any municipal 
 21.4   utility bill electronically are private data on individuals or 
 21.5   nonpublic data, but may be released to: 
 21.6      (1) a law enforcement agency that requests access to the 
 21.7   data in connection with an investigation; 
 21.8      (2) a school for purposes of compiling pupil census data; 
 21.9      (3) the Metropolitan Council for use in studies or analyses 
 21.10  required by law; 
 21.11     (4) a public child support authority for purposes of 
 21.12  establishing or enforcing child support; or 
 21.13     (5) a person where use of the data directly advances the 
 21.14  general welfare, health, or safety of the public; the 
 21.15  commissioner of administration may issue advisory opinions 
 21.16  construing this clause pursuant to section 13.072. 
 21.17     Sec. 17.  Minnesota Statutes 2002, section 13.7931, is 
 21.18  amended by adding a subdivision to read: 
 21.19     Subd. 1a.  [SPECIFIC LOCATION DATA.] Specific location data 
 21.20  are classified under section 84.0872. 
 21.21     Sec. 18.  Minnesota Statutes 2002, section 13.82, 
 21.22  subdivision 5, is amended to read: 
 21.23     Subd. 5.  [DOMESTIC ABUSE DATA.] The written police report 
 21.24  required by section 629.341, subdivision 4, of an alleged 
 21.25  incident described in section 629.341, subdivision 1, and arrest 
 21.26  data, request for service data, and response or incident data 
 21.27  described in subdivision 2, 3, or 6 that arise out of this type 
 21.28  of incident or out of an alleged violation of an order for 
 21.29  protection must be released upon request at no cost to the 
 21.30  victim of domestic abuse, the victim's attorney, or an 
 21.31  organization designated by the Minnesota Center for Crime 
 21.32  Victims Services, the Department of Corrections, or the 
 21.33  Department of Public Safety as providing services to victims of 
 21.34  domestic abuse.  The executive director or the commissioner of 
 21.35  the appropriate state agency shall develop written criteria for 
 21.36  this designation in consultation with the Advisory Council on 
 22.1   Battered Women and Domestic Abuse. 
 22.2      Sec. 19.  Minnesota Statutes 2002, section 13.871, is 
 22.3   amended by adding a subdivision to read: 
 22.4      Subd. 1a.  [MENTAL HEALTH DATA RECEIVED BY LAW 
 22.5   ENFORCEMENT.] A record of certain mental health data received by 
 22.6   law enforcement from health care providers is classified under 
 22.7   section 144.335, subdivision 3a.  
 22.8      Sec. 20.  Minnesota Statutes 2002, section 13D.05, 
 22.9   subdivision 3, is amended to read: 
 22.10     Subd. 3.  [WHAT MEETINGS MAY BE CLOSED.] (a) A public body 
 22.11  may close a meeting to evaluate the performance of an individual 
 22.12  who is subject to its authority.  The public body shall identify 
 22.13  the individual to be evaluated prior to closing a meeting.  At 
 22.14  its next open meeting, the public body shall summarize its 
 22.15  conclusions regarding the evaluation.  A meeting must be open at 
 22.16  the request of the individual who is the subject of the meeting. 
 22.17     (b) Meetings may be closed if the closure is expressly 
 22.18  authorized by statute or permitted by the attorney-client 
 22.19  privilege. 
 22.20     (c) Meetings may be closed to receive security briefings 
 22.21  and reports, to discuss issues related to security systems, to 
 22.22  discuss emergency response procedures and to discuss security 
 22.23  deficiencies in or recommendations regarding public services, 
 22.24  infrastructure and facilities, if disclosure of the information 
 22.25  discussed would pose a danger to public safety or compromise 
 22.26  security procedures or responses.  Financial issues related to 
 22.27  security matters must be discussed and all related financial 
 22.28  decisions must be made at an open meeting.  Before closing a 
 22.29  meeting under this paragraph, the public body, in describing the 
 22.30  subject to be discussed, must refer to the facilities, systems, 
 22.31  procedures, services, or infrastructures to be considered during 
 22.32  the closed meeting.  A closed meeting must be tape recorded at 
 22.33  the expense of the governing body, and the recording must be 
 22.34  preserved for at least eight years.  
 22.35     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 22.36  following final enactment. 
 23.1      Sec. 21.  [15.175] [CERTAIN EMPLOYEE RECORDS.] 
 23.2      Data, records, files, and all written or electronic 
 23.3   materials of, or relating to, a state employee who is 
 23.4   involuntarily terminated from employment with a state agency 
 23.5   must be preserved for a period of at least three years after the 
 23.6   employee's termination from employment, or a longer period as 
 23.7   required under section 138.17.  A state agency that destroys, 
 23.8   shreds, or alters data, records, files, or materials in 
 23.9   violation of this requirement is liable to the employee for 
 23.10  damages resulting from that violation, plus costs and reasonable 
 23.11  attorney fees incurred by the employee in enforcing the 
 23.12  employee's rights under this section.  In addition, the employee 
 23.13  is also entitled to reinstatement to the position from which the 
 23.14  employee was terminated, plus reimbursement for lost wages and 
 23.15  health and retirement benefits. 
 23.16     <b>[EFFECTIVE DATE.]</b> This section is effective retroactively 
 23.17  from January 1, 2002. 
 23.18     Sec. 22.  Minnesota Statutes 2002, section 38.04, is 
 23.19  amended to read: 
 23.20     38.04 [ANNUAL MEETINGS; REPORTS.] 
 23.21     Every county agricultural society shall hold an annual 
 23.22  meeting for the election of officers and the transaction of 
 23.23  other business on or before the third Tuesday in November.  
 23.24  Service on the county agricultural society board or as an 
 23.25  officer of the board is not a public office.  Elected officials 
 23.26  of the state or its political subdivisions may serve on the 
 23.27  board or be elected as officers. 
 23.28     At the annual meeting, the society's secretary shall make a 
 23.29  report of its proceedings for the preceding year; this report 
 23.30  shall contain a statement of all transactions at its fairs, the 
 23.31  numbers of entries, the amount and source of all money received, 
 23.32  and the amount paid out for premiums and other purposes, and 
 23.33  show in detail its entire receipts and expenditures during the 
 23.34  year.  The report must contain a separate accounting of any 
 23.35  income received from the operation of horse racing on which 
 23.36  pari-mutuel betting is conducted, and of the disposition of that 
 24.1   income.  
 24.2      The treasurer shall make a comprehensive report of the 
 24.3   funds received, paid out, and on hand, and upon whose order 
 24.4   paid.  Each secretary shall cause a certified copy of the annual 
 24.5   report to be filed with the county recorder of the county and 
 24.6   the commissioner of agriculture on or before the first day of 
 24.7   November each year.  Reports of the society are public data 
 24.8   under chapter 13 and must be made available for inspection by 
 24.9   any person. 
 24.10     Sec. 23.  Minnesota Statutes 2002, section 45.027, 
 24.11  subdivision 7a, is amended to read: 
 24.12     Subd. 7a.  [AUTHORIZED DISCLOSURES OF INFORMATION AND 
 24.13  DATA.] (a) The commissioner may release and disclose any active 
 24.14  or inactive investigative information and data ~~on licensees~~ to 
 24.15  any national securities exchange or national securities 
 24.16  association registered under the Securities Exchange Act of 1934 
 24.17  when necessary for the requesting agency in initiating, 
 24.18  furthering, or completing an investigation. 
 24.19     (b) The commissioner may release any active or inactive 
 24.20  investigative data relating to the conduct of the business of 
 24.21  insurance to the Office of the Comptroller of the Currency or 
 24.22  the Office of Thrift Supervision in order to facilitate the 
 24.23  initiation, furtherance, or completion of the investigation. 
 24.24     Sec. 24.  Minnesota Statutes 2002, section 60A.03, 
 24.25  subdivision 9, is amended to read: 
 24.26     Subd. 9.  [CONFIDENTIALITY OF INFORMATION.] The 
 24.27  commissioner may not be required to divulge any information 
 24.28  obtained in the course of the supervision of insurance 
 24.29  companies, or the examination of insurance companies, including 
 24.30  examination related correspondence and workpapers, until the 
 24.31  examination report is finally accepted and issued by the 
 24.32  commissioner, and then only in the form of the final public 
 24.33  report of examinations.  Nothing contained in this subdivision 
 24.34  prevents or shall be construed as prohibiting the commissioner 
 24.35  from disclosing the content of this information to the insurance 
 24.36  department of another state ~~or~~, the National Association of 
 25.1   Insurance Commissioners, or the National Association of 
 25.2   Securities Dealers if the recipient of the information agrees in 
 25.3   writing to hold it as nonpublic data as defined in section 
 25.4   13.02, in a manner consistent with this subdivision.  This 
 25.5   subdivision does not apply to the extent the commissioner is 
 25.6   required or permitted by law, or ordered by a court of law to 
 25.7   testify or produce evidence in a civil or criminal proceeding.  
 25.8   For purposes of this subdivision, a subpoena is not an order of 
 25.9   a court of law. 
 25.10     Sec. 25.  Minnesota Statutes 2002, section 60A.031, 
 25.11  subdivision 4, is amended to read: 
 25.12     Subd. 4.  [EXAMINATION REPORT; FOREIGN AND DOMESTIC 
 25.13  COMPANIES.] (a) The commissioner shall make a full and true 
 25.14  report of every examination conducted pursuant to this chapter, 
 25.15  which shall include (1) a statement of findings of fact relating 
 25.16  to the financial status and other matters ascertained from the 
 25.17  books, papers, records, documents, and other evidence obtained 
 25.18  by investigation and examination or ascertained from the 
 25.19  testimony of officers, agents, or other persons examined under 
 25.20  oath concerning the business, affairs, assets, obligations, 
 25.21  ability to fulfill obligations, and compliance with all the 
 25.22  provisions of the law of the company, applicant, organization, 
 25.23  or person subject to this chapter and (2) a summary of important 
 25.24  points noted in the report, conclusions, recommendations and 
 25.25  suggestions as may reasonably be warranted from the facts so 
 25.26  ascertained in the examinations.  The report of examination 
 25.27  shall be verified by the oath of the examiner in charge thereof, 
 25.28  and shall be prima facie evidence in any action or proceedings 
 25.29  in the name of the state against the company, applicant, 
 25.30  organization, or person upon the facts stated therein.  
 25.31     (b) No later than 60 days following completion of the 
 25.32  examination, the examiner in charge shall file with the 
 25.33  department a verified written report of examination under oath.  
 25.34  Upon receipt of the verified report, the department shall 
 25.35  transmit the report to the company examined, together with a 
 25.36  notice which provides the company examined with a reasonable 
 26.1   opportunity of not more than 30 days to make a written 
 26.2   submission or rebuttal with respect to matters contained in the 
 26.3   examination report. 
 26.4      (c) Within 30 days of the end of the period allowed for the 
 26.5   receipt of written submissions or rebuttals, the commissioner 
 26.6   shall fully consider and review the report, together with the 
 26.7   written submissions or rebuttals and the relevant portions of 
 26.8   the examiner's workpapers and enter an order: 
 26.9      (1) adopting the examination report as filed or with 
 26.10  modification or corrections.  If the examination report reveals 
 26.11  that the company is operating in violation of any law, rule, or 
 26.12  prior order of the commissioner, the commissioner may order the 
 26.13  company to take any action the commissioner considers necessary 
 26.14  and appropriate to cure the violation; 
 26.15     (2) rejecting the examination report with directions to the 
 26.16  examiners to reopen the examination for purposes of obtaining 
 26.17  additional data, documentation, or information, and refiling the 
 26.18  report as required under paragraph (b); or 
 26.19     (3) calling for an investigatory hearing with no less than 
 26.20  20 days' notice to the company for purposes of obtaining 
 26.21  additional documentation, data, information, and testimony. 
 26.22     (d)(1) All orders entered under paragraph (c), clause (1), 
 26.23  must be accompanied by findings and conclusions resulting from 
 26.24  the commissioner's consideration and review of the examination 
 26.25  report, relevant examiner workpapers, and any written 
 26.26  submissions or rebuttals.  The order is a final administrative 
 26.27  decision and may be appealed as provided under chapter 14.  The 
 26.28  order must be served upon the company by certified mail, 
 26.29  together with a copy of the adopted examination report.  Within 
 26.30  30 days of the issuance of the adopted report, the company shall 
 26.31  file affidavits executed by each of its directors stating under 
 26.32  oath that they have received a copy of the adopted report and 
 26.33  related orders.  
 26.34     (2) A hearing conducted under paragraph (c), clause (3), by 
 26.35  the commissioner or authorized representative, must be conducted 
 26.36  as a nonadversarial confidential investigatory proceeding as 
 27.1   necessary for the resolution of inconsistencies, discrepancies, 
 27.2   or disputed issues apparent upon the face of the filed 
 27.3   examination report or raised by or as a result of the 
 27.4   commissioner's review of relevant workpapers or by the written 
 27.5   submission or rebuttal of the company.  Within 20 days of the 
 27.6   conclusion of the hearing, the commissioner shall enter an order 
 27.7   as required under paragraph (c), clause (1).  
 27.8      (3) The commissioner shall not appoint an examiner as an 
 27.9   authorized representative to conduct the hearing.  The hearing 
 27.10  must proceed expeditiously.  Discovery by the company is limited 
 27.11  to the examiner's workpapers which tend to substantiate 
 27.12  assertions in a written submission or rebuttal.  The 
 27.13  commissioner or the commissioner's representative may issue 
 27.14  subpoenas for the attendance of witnesses or the production of 
 27.15  documents considered relevant to the investigation whether under 
 27.16  the control of the department, the company, or other persons.  
 27.17  The documents produced must be included in the record.  
 27.18  Testimony taken by the commissioner or the commissioner's 
 27.19  representative must be under oath and preserved for the record. 
 27.20     This section does not require the department to disclose 
 27.21  information or records which would indicate or show the 
 27.22  existence or content of an investigation or activity of a 
 27.23  criminal justice agency. 
 27.24     (4) The hearing must proceed with the commissioner or the 
 27.25  commissioner's representative posing questions to the persons 
 27.26  subpoenaed.  Thereafter, the company and the department may 
 27.27  present testimony relevant to the investigation.  
 27.28  Cross-examination may be conducted only by the commissioner or 
 27.29  the commissioner's representative.  The company and the 
 27.30  department shall be permitted to make closing statements and may 
 27.31  be represented by counsel of their choice.  
 27.32     (e)(1) Upon the adoption of the examination report under 
 27.33  paragraph (c), clause (1), the commissioner shall continue to 
 27.34  hold the content of the examination report as private and 
 27.35  confidential information for a period of 30 days except as 
 27.36  otherwise provided in paragraph (b).  Thereafter, the 
 28.1   commissioner may open the report for public inspection if a 
 28.2   court of competent jurisdiction has not stayed its publication. 
 28.3      (2) Nothing contained in this subdivision prevents or shall 
 28.4   be construed as prohibiting the commissioner from disclosing the 
 28.5   content of an examination report, preliminary examination report 
 28.6   or results, or any matter relating to the reports, to the 
 28.7   Commerce Department or the insurance department of another state 
 28.8   or country, or to law enforcement officials of this or another 
 28.9   state or agency of the federal government at any time, if the 
 28.10  agency or office receiving the report or matters relating to the 
 28.11  report agrees in writing to hold it confidential and in a manner 
 28.12  consistent with this subdivision.  
 28.13     (3) If the commissioner determines that regulatory action 
 28.14  is appropriate as a result of an examination, the commissioner 
 28.15  may initiate proceedings or actions as provided by law. 
 28.16     (f) All working papers, recorded information, documents and 
 28.17  copies thereof produced by, obtained by, or disclosed to the 
 28.18  commissioner or any other person in the course of an examination 
 28.19  made under this subdivision must be given confidential treatment 
 28.20  and are not subject to subpoena and may not be made public by 
 28.21  the commissioner or any other person, except to the extent 
 28.22  provided in paragraph (e).  Access may also be granted to the 
 28.23  National Association of Insurance Commissioners and the National 
 28.24  Association of Securities Dealers.  The parties must agree in 
 28.25  writing prior to receiving the information to provide to it the 
 28.26  same confidential treatment as required by this section, unless 
 28.27  the prior written consent of the company to which it pertains 
 28.28  has been obtained. 
 28.29     Sec. 26.  [84.0872] [SPECIFIC LOCATION DATA.] 
 28.30     Subdivision 1.  [DEFINITION; GENERAL CLASSIFICATION.] As 
 28.31  used in this section, "specific location data" means data that 
 28.32  would enable persons to locate the protected wild animal or 
 28.33  endangered, threatened, or special concern plant or animal 
 28.34  identified by the data.  Specific location data are public data 
 28.35  unless otherwise classified in this section. 
 28.36     Subd. 2.  [NONPUBLIC DATA.] Specific location data procured 
 29.1   by the Department of Natural Resources that identify protected 
 29.2   wild animals, as defined under section 97A.015, subdivision 39, 
 29.3   or species that are designated endangered, threatened, or of 
 29.4   special concern under section 84.0895, subdivision 3, are 
 29.5   nonpublic data if disclosure is likely to: 
 29.6      (1) hinder management, propagation, or research; 
 29.7      (2) facilitate unfair chase or illegal taking, transport, 
 29.8   or sale; or 
 29.9      (3) decrease the likelihood of establishing a protected 
 29.10  wild animal or bringing an endangered, threatened, or special 
 29.11  concern species to a point at which it is no longer endangered, 
 29.12  threatened, or of special concern. 
 29.13     If a request for access to specific location data is denied 
 29.14  under this subdivision, the commissioner must provide the 
 29.15  requestor with a written explanation of the reason for the 
 29.16  denial. 
 29.17     Subd. 3.  [DISCLOSURE.] The commissioner may disclose data 
 29.18  classified as nonpublic under subdivision 2 to a person, an 
 29.19  agency, or the public if the commissioner determines that the 
 29.20  disclosure will promote public benefit by: 
 29.21     (1) aiding the environmental review process; 
 29.22     (2) aiding research, education, or conservation planning; 
 29.23  or 
 29.24     (3) providing information to landowners about locations 
 29.25  occurring on the landowners' property, if provision of the 
 29.26  information will promote protection of the resource. 
 29.27     Sec. 27.  Minnesota Statutes 2002, section 119B.02, 
 29.28  subdivision 6, is amended to read: 
 29.29     Subd. 6.  [DATA.] ~~Data on individuals collected by the~~ 
 29.30  ~~commissioner for purposes of administering this chapter are~~ 
 29.31  ~~private data on individuals as defined in section 13.02.~~  Data 
 29.32  collected, maintained, used, or disseminated by the welfare 
 29.33  system pertaining to persons selected as legal nonlicensed child 
 29.34  care providers by families receiving child care assistance shall 
 29.35  be treated as licensing data as provided in section 13.46, 
 29.36  subdivision 4. 
 30.1      Sec. 28.  Minnesota Statutes 2002, section 144.335, 
 30.2   subdivision 3a, is amended to read: 
 30.3      Subd. 3a.  [PATIENT CONSENT TO RELEASE OF RECORDS; 
 30.4   LIABILITY.] (a) A provider, or a person who receives health 
 30.5   records from a provider, may not release a patient's health 
 30.6   records to a person without a signed and dated consent from the 
 30.7   patient or the patient's legally authorized representative 
 30.8   authorizing the release, unless the release is specifically 
 30.9   authorized by law.  Except as provided in paragraph (c) or (d), 
 30.10  a consent is valid for one year or for a lesser period specified 
 30.11  in the consent or for a different period provided by law.  
 30.12     (b) This subdivision does not prohibit the release of 
 30.13  health records: 
 30.14     (1) for a medical emergency when the provider is unable to 
 30.15  obtain the patient's consent due to the patient's condition or 
 30.16  the nature of the medical emergency; or 
 30.17     (2) to other providers within related health care entities 
 30.18  when necessary for the current treatment of the patient. 
 30.19     (c) Notwithstanding paragraph (a), if a patient explicitly 
 30.20  gives informed consent to the release of health records for the 
 30.21  purposes and pursuant to the restrictions in clauses (1) and 
 30.22  (2), the consent does not expire after one year for: 
 30.23     (1) the release of health records to a provider who is 
 30.24  being advised or consulted with in connection with the current 
 30.25  treatment of the patient; 
 30.26     (2) the release of health records to an accident and health 
 30.27  insurer, health service plan corporation, health maintenance 
 30.28  organization, or third-party administrator for purposes of 
 30.29  payment of claims, fraud investigation, or quality of care 
 30.30  review and studies, provided that: 
 30.31     (i) the use or release of the records complies with 
 30.32  sections 72A.49 to 72A.505; 
 30.33     (ii) further use or release of the records in individually 
 30.34  identifiable form to a person other than the patient without the 
 30.35  patient's consent is prohibited; and 
 30.36     (iii) the recipient establishes adequate safeguards to 
 31.1   protect the records from unauthorized disclosure, including a 
 31.2   procedure for removal or destruction of information that 
 31.3   identifies the patient. 
 31.4      (d) Notwithstanding paragraph (a), health records may be 
 31.5   released to an external researcher solely for purposes of 
 31.6   medical or scientific research only as follows: 
 31.7      (1) health records generated before January 1, 1997, may be 
 31.8   released if the patient has not objected or does not elect to 
 31.9   object after that date; 
 31.10     (2) for health records generated on or after January 1, 
 31.11  1997, the provider must: 
 31.12     (i) disclose in writing to patients currently being treated 
 31.13  by the provider that health records, regardless of when 
 31.14  generated, may be released and that the patient may object, in 
 31.15  which case the records will not be released; and 
 31.16     (ii) use reasonable efforts to obtain the patient's written 
 31.17  general authorization that describes the release of records in 
 31.18  item (i), which does not expire but may be revoked or limited in 
 31.19  writing at any time by the patient or the patient's authorized 
 31.20  representative; 
 31.21     (3) authorization may be established if an authorization is 
 31.22  mailed at least two times to the patient's last known address 
 31.23  with a postage prepaid return envelope and a conspicuous notice 
 31.24  that the patient's medical records may be released if the 
 31.25  patient does not object, and at least 60 days have expired since 
 31.26  the second notice was sent; and the provider must advise the 
 31.27  patient of the rights specified in clause (4); and 
 31.28     (4) the provider must, at the request of the patient, 
 31.29  provide information on how the patient may contact an external 
 31.30  researcher to whom the health record was released and the date 
 31.31  it was released.  
 31.32     In making a release for research purposes the provider 
 31.33  shall make a reasonable effort to determine that: 
 31.34     (i) the use or disclosure does not violate any limitations 
 31.35  under which the record was collected; 
 31.36     (ii) the use or disclosure in individually identifiable 
 32.1   form is necessary to accomplish the research or statistical 
 32.2   purpose for which the use or disclosure is to be made; 
 32.3      (iii) the recipient has established and maintains adequate 
 32.4   safeguards to protect the records from unauthorized disclosure, 
 32.5   including a procedure for removal or destruction of information 
 32.6   that identifies the patient; and 
 32.7      (iv) further use or release of the records in individually 
 32.8   identifiable form to a person other than the patient without the 
 32.9   patient's consent is prohibited.  
 32.10     (e) A person who negligently or intentionally releases a 
 32.11  health record in violation of this subdivision, or who forges a 
 32.12  signature on a consent form, or who obtains under false 
 32.13  pretenses the consent form or health records of another person, 
 32.14  or who, without the person's consent, alters a consent form, is 
 32.15  liable to the patient for compensatory damages caused by an 
 32.16  unauthorized release, plus costs and reasonable attorney's fees. 
 32.17     (f) Upon the written request of a spouse, parent, child, or 
 32.18  sibling of a patient being evaluated for or diagnosed with 
 32.19  mental illness, a provider shall inquire of a patient whether 
 32.20  the patient wishes to authorize a specific individual to receive 
 32.21  information regarding the patient's current and proposed course 
 32.22  of treatment.  If the patient so authorizes, the provider shall 
 32.23  communicate to the designated individual the patient's current 
 32.24  and proposed course of treatment.  Paragraph (a) applies to 
 32.25  consents given under this paragraph. 
 32.26     (g) Notwithstanding paragraph (a), a provider must disclose 
 32.27  health records relating to a patient's mental health to a law 
 32.28  enforcement agency if the law enforcement agency provides the 
 32.29  name of the patient and communicates that the: 
 32.30     (1) patient is currently involved in an emergency 
 32.31  interaction with the law enforcement agency; and 
 32.32     (2) disclosure of the records is necessary to protect the 
 32.33  health or safety of the patient or of another person.  
 32.34     The scope of disclosure under this paragraph is limited to 
 32.35  the minimum necessary for law enforcement to respond to the 
 32.36  emergency and to protect the health and safety of the patient 
 33.1   and other persons.  A law enforcement agency that obtains health 
 33.2   records under this paragraph shall maintain a record of the 
 33.3   requestor, the provider of the information, and the patient's 
 33.4   name.  The record maintained by the law enforcement agency is 
 33.5   private data on individuals, as defined in section 13.02.  
 33.6      (h) In cases where a provider releases health records 
 33.7   without patient consent as authorized by law, the release must 
 33.8   be documented in the patient's health record.  In the case of a 
 33.9   release under paragraph (g), the documentation must include the 
 33.10  date and circumstances under which the release was made, the 
 33.11  person or agency to whom the release was made, and the records 
 33.12  that were released. 
 33.13     Sec. 29.  Minnesota Statutes 2002, section 144.335, is 
 33.14  amended by adding a subdivision to read: 
 33.15     Subd. 3d.  [RELEASE OF RECORDS TO COUNTY LOCAL WELFARE 
 33.16  AGENCY.] If a provider has been notified by a county local 
 33.17  welfare agency under section 626.556, subdivision 3d, the 
 33.18  provider must report to the agency the birth of a child to that 
 33.19  individual within 24 hours of the birth. 
 33.20     Sec. 30.  Minnesota Statutes 2003 Supplement, section 
 33.21  268.19, subdivision 1, is amended to read: 
 33.22     Subdivision 1.  [USE OF DATA.] (a) Except as otherwise 
 33.23  provided by this section, data gathered from any ~~employer or~~ 
 33.24  ~~individual~~ person pursuant to the administration of the 
 33.25  Minnesota Unemployment Insurance Law are private data on 
 33.26  individuals or nonpublic data not on individuals as defined in 
 33.27  section 13.02, subdivisions 9 and 12, and may not be disclosed 
 33.28  except pursuant to a court order or section 13.05.  A subpoena 
 33.29  shall not be considered a court order.  These data may be 
 33.30  disseminated to and used by the following agencies without the 
 33.31  consent of the subject of the data:  
 33.32     (1) state and federal agencies specifically authorized 
 33.33  access to the data by state or federal law; 
 33.34     (2) any agency of ~~Minnesota or~~ any other state~~;~~ or any 
 33.35  federal agency charged with the administration of an ~~employment~~ 
 33.36  ~~security law or~~ unemployment insurance program; 
 34.1      (3) any agency responsible for the maintenance of a system 
 34.2   of public employment offices for the purpose of assisting 
 34.3   individuals in obtaining employment; 
 34.4      ~~(3)~~ (4) human rights agencies within Minnesota that have 
 34.5   enforcement powers; 
 34.6      ~~(4)~~ (5) the Department of Revenue ~~must have access to~~ 
 34.7   ~~department private data on individuals and nonpublic data not on~~ 
 34.8   ~~individuals~~ only to the extent necessary for ~~enforcement of~~ its 
 34.9   duties under Minnesota ~~tax~~ laws; 
 34.10     ~~(5)~~ (6) public and private agencies responsible for 
 34.11  administering publicly financed assistance programs for the 
 34.12  purpose of monitoring the eligibility of the program's 
 34.13  recipients; 
 34.14     ~~(6)~~ (7) the Department of Labor and Industry on an 
 34.15  interchangeable basis with the department ~~subject to the~~ 
 34.16  ~~following limitations and regardless of any law to the contrary:~~ 
 34.17     ~~(i) the department must have access to private data on~~ 
 34.18  ~~individuals and nonpublic data not on individuals for uses~~ 
 34.19  ~~consistent with the administration of its duties under the~~ 
 34.20  ~~Minnesota Unemployment Insurance Law; and~~ 
 34.21     ~~(ii) the Department of Labor and Industry must have access~~ 
 34.22  ~~to private data on individuals and nonpublic data not on~~ 
 34.23  ~~individuals~~ for uses consistent with the administration of its 
 34.24  duties under Minnesota law; 
 34.25     ~~(7) the Department of Employment and Economic Development~~ 
 34.26  ~~may have access to private data on individual employers and~~ 
 34.27  ~~nonpublic data not on individual employers for its internal use~~ 
 34.28  ~~only; when received by the Department of Employment and Economic~~ 
 34.29  ~~Development, the data remain private data on individuals or~~ 
 34.30  ~~nonpublic data;~~ 
 34.31     (8) local and state welfare agencies for monitoring the 
 34.32  eligibility of the data subject for assistance programs, or for 
 34.33  any employment or training program administered by those 
 34.34  agencies, whether alone, in combination with another welfare 
 34.35  agency, or in conjunction with the department or to monitor and 
 34.36  evaluate the statewide Minnesota family investment program by 
 35.1   providing data on recipients and former recipients of food 
 35.2   stamps or food support, cash assistance under chapter 256, 256D, 
 35.3   256J, or 256K, child care assistance under chapter 119B, or 
 35.4   medical programs under chapter 256B, 256D, or 256L; 
 35.5      (9) local, state, and federal law enforcement agencies for 
 35.6   the sole purpose of ascertaining the last known address and 
 35.7   employment location of ~~the data subject, provided the data~~ 
 35.8   ~~subject~~ a person who is the subject of a criminal investigation; 
 35.9      (10) the federal Immigration and Naturalization Service 
 35.10  shall have access to data on specific individuals and specific 
 35.11  employers provided the specific individual or specific employer 
 35.12  is the subject of an investigation by that agency; and 
 35.13     (11) the Department of Health ~~may have access to private~~ 
 35.14  ~~data on individuals and nonpublic data not on individuals~~ solely 
 35.15  for the purposes of epidemiologic investigations.  
 35.16     (b) Data on individuals and employers that are collected, 
 35.17  maintained, or used by the department in an investigation 
 35.18  pursuant to section 268.182 are confidential as to data on 
 35.19  individuals and protected nonpublic data not on individuals as 
 35.20  defined in section 13.02, subdivisions 3 and 13, and must not be 
 35.21  disclosed except pursuant to statute or court order or to a 
 35.22  party named in a criminal proceeding, administrative or 
 35.23  judicial, for preparation of a defense.  
 35.24     (c) ~~Tape recordings and transcripts of recordings of~~ 
 35.25  ~~proceedings conducted in accordance with section 268.105 and~~ 
 35.26  ~~exhibits received into evidence at those proceedings are private~~ 
 35.27  ~~data on individuals and nonpublic data not on individuals and~~ 
 35.28  ~~must be disclosed only pursuant to the administration of section~~ 
 35.29  ~~268.105, or pursuant to a court order.~~  
 35.30     ~~(d) The department may disseminate an employer's name,~~ 
 35.31  ~~address, industry code, occupations employed, and the number of~~ 
 35.32  ~~employees by ranges of not less than 100 for the purpose of~~ 
 35.33  ~~assisting individuals using the Minnesota Workforce Center~~ 
 35.34  ~~system in obtaining employment.~~ 
 35.35     ~~(e) The general aptitude test battery and the nonverbal~~ 
 35.36  ~~aptitude test battery as administered by the department are~~ 
 36.1   ~~private data on individuals or nonpublic data.~~  
 36.2      ~~(f)~~ Data gathered by the department pursuant to the 
 36.3   administration of the Minnesota unemployment insurance program 
 36.4   and the job service must not be made the subject or the basis 
 36.5   for any suit in any civil proceedings, administrative or 
 36.6   judicial, unless the action is initiated by the department. 
 36.7      Sec. 31.  Minnesota Statutes 2003 Supplement, section 
 36.8   268.19, subdivision 2, is amended to read: 
 36.9      Subd. 2.  [EMPLOYER INFORMATION; ABSOLUTE PRIVILEGE.] (a) 
 36.10  Regardless of any provision of law to the contrary, an employer 
 36.11  may provide the commissioner with information on an applicant so 
 36.12  that the commissioner can determine an applicant's entitlement 
 36.13  to unemployment benefits under the Minnesota Unemployment 
 36.14  Insurance Law. 
 36.15     (b) The commissioner may disseminate an employer's name and 
 36.16  address and the name and address of any employer's unemployment 
 36.17  insurance processing agent in order to administer the Minnesota 
 36.18  Unemployment Insurance Program. 
 36.19     (c) Information obtained pursuant to the Minnesota 
 36.20  Unemployment Insurance Law, in order to determine an applicant's 
 36.21  entitlement to unemployment benefits, shall be absolutely 
 36.22  privileged and shall not be made the subject matter or the basis 
 36.23  for any civil proceeding, administrative, or judicial.  
 36.24     Sec. 32.  Minnesota Statutes 2002, section 270B.01, 
 36.25  subdivision 8, is amended to read: 
 36.26     Subd. 8.  [MINNESOTA TAX LAWS.] For purposes of this 
 36.27  chapter only, unless expressly stated otherwise, "Minnesota tax 
 36.28  laws" means: 
 36.29     (1) the taxes, refunds, and fees administered by or paid to 
 36.30  the commissioner under chapters 115B (except taxes imposed under 
 36.31  sections 115B.21 to 115B.24), 289A (except taxes imposed under 
 36.32  sections 298.01, 298.015, and 298.24), 290, 290A, 291, 295, 
 36.33  297A, and 297H, or any similar Indian tribal tax administered by 
 36.34  the commissioner pursuant to any tax agreement between the state 
 36.35  and the Indian tribal government, and includes any laws for the 
 36.36  assessment, collection, and enforcement of those taxes, refunds, 
 37.1   and fees; and 
 37.2      (2) section 273.1315. 
 37.3      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 37.4   following final enactment. 
 37.5      Sec. 33.  Minnesota Statutes 2002, section 270B.12, 
 37.6   subdivision 9, is amended to read: 
 37.7      Subd. 9.  [COUNTY ASSESSORS; HOMESTEAD APPLICATION, 
 37.8   DETERMINATION, AND INCOME TAX STATUS.] (a) If, as a result of an 
 37.9   audit, the commissioner determines that a person is a Minnesota 
 37.10  nonresident or part-year resident for income tax purposes, the 
 37.11  commissioner may disclose the person's name, address, and Social 
 37.12  Security number to the assessor of any political subdivision in 
 37.13  the state, when there is reason to believe that the person may 
 37.14  have claimed or received homestead property tax benefits for a 
 37.15  corresponding assessment year in regard to property apparently 
 37.16  located in the assessor's jurisdiction. 
 37.17     (b) To the extent permitted by section 273.124, subdivision 
 37.18  1, paragraph (a), the Department of Revenue may verify to a 
 37.19  county assessor whether an individual who is requesting or 
 37.20  receiving a homestead classification has filed a Minnesota 
 37.21  income tax return as a resident for the most recent taxable year 
 37.22  for which the information is available. 
 37.23     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 37.24  following final enactment. 
 37.25     Sec. 34.  Minnesota Statutes 2003 Supplement, section 
 37.26  270B.12, subdivision 13, is amended to read: 
 37.27     Subd. 13.  [COUNTY ASSESSORS; CLASS 1B HOMESTEADS.] The 
 37.28  commissioner may disclose to a county assessor, and to the 
 37.29  assessor's designated agents or employees, a listing of parcels 
 37.30  of property qualifying for the class 1b property tax 
 37.31  classification under section 273.13, subdivision 22, and the 
 37.32  names and addresses of qualified applicants. 
 37.33     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 37.34  following final enactment. 
 37.35     Sec. 35.  Minnesota Statutes 2002, section 270B.14, 
 37.36  subdivision 2, is amended to read: 
 38.1      Subd. 2.  [DISCLOSURE TO DEPARTMENT OF EMPLOYMENT AND 
 38.2   ECONOMIC ~~SECURITY~~ DEVELOPMENT.] (a) Data relating to individuals 
 38.3   are treated as follows: 
 38.4      (1) Return information may be disclosed to the Department 
 38.5   of Employment and Economic ~~Security~~ Development to the extent 
 38.6   provided in clause (2) and for the purposes provided in clause 
 38.7   (3). 
 38.8      (2) The data that may be disclosed is limited to the amount 
 38.9   of gross income earned by an individual, the total amounts of 
 38.10  earnings from each employer, and the employer's name. 
 38.11     (3) Data may be requested pertaining only to individuals 
 38.12  who have claimed benefits under sections 268.03 to 268.23 and 
 38.13  only if the individuals are the subject of investigations based 
 38.14  on other information available to the Department of Employment 
 38.15  and Economic ~~Security~~ Development.  Data received may be used 
 38.16  only as set forth in section 268.19, ~~clause (d)~~ subdivision 1, 
 38.17  paragraph (b). 
 38.18     (b) Data pertaining to corporations or other employing 
 38.19  units may be disclosed to the Department of Employment and 
 38.20  Economic ~~Security~~ Development to the extent necessary for the 
 38.21  proper enforcement of chapter 268. 
 38.22     Sec. 36.  Minnesota Statutes 2002, section 626.556, is 
 38.23  amended by adding a subdivision to read: 
 38.24     Subd. 3d.  [REPORT TO PROTECT SAFETY OF AT-RISK 
 38.25  NEWBORNS.] If a county local welfare agency determines that a 
 38.26  child born to an individual would be subjected to a threatened 
 38.27  injury while in the care of that individual, the agency may 
 38.28  disclose private data on the individual to providers for the 
 38.29  purpose of requesting notification of the birth of a child to 
 38.30  the individual.  For purposes of this subdivision, "provider" 
 38.31  has the meaning given in section 144.335, subdivision 1. 
 38.32     Sec. 37.  Minnesota Statutes 2002, section 626.557, 
 38.33  subdivision 9a, is amended to read: 
 38.34     Subd. 9a.  [EVALUATION AND REFERRAL OF REPORTS MADE TO A 
 38.35  COMMON ENTRY POINT UNIT.] The common entry point must screen the 
 38.36  reports of alleged or suspected maltreatment for immediate risk 
 39.1   and make all necessary referrals as follows: 
 39.2      (1) if the common entry point determines that there is an 
 39.3   immediate need for adult protective services, the common entry 
 39.4   point agency shall immediately notify the appropriate county 
 39.5   agency; 
 39.6      (2) if the report contains suspected criminal activity 
 39.7   against a vulnerable adult, the common entry point shall 
 39.8   immediately notify the appropriate law enforcement agency; 
 39.9      (3) if the report references alleged or suspected 
 39.10  maltreatment and there is no immediate need for adult protective 
 39.11  services, the common entry point shall notify the appropriate 
 39.12  lead agency as soon as possible, but in any event no longer than 
 39.13  two working days; 
 39.14     (4) if the report does not reference alleged or suspected 
 39.15  maltreatment, the common entry point may determine whether the 
 39.16  information will be referred; and 
 39.17     (5) if the report contains information about a suspicious 
 39.18  death, the common entry point shall immediately notify the 
 39.19  appropriate law enforcement agencies, the local medical 
 39.20  examiner, and the ombudsman established under section 245.92.  
 39.21  Law enforcement agencies shall coordinate with the local medical 
 39.22  examiner and the ombudsman as provided by law. 
 39.23     Sec. 38.  Minnesota Statutes 2002, section 629.341, 
 39.24  subdivision 4, is amended to read: 
 39.25     Subd. 4.  [REPORT REQUIRED.] Whenever a peace officer 
 39.26  investigates an allegation that an incident described in 
 39.27  subdivision 1 has occurred, whether or not an arrest is made, 
 39.28  the officer shall make a written police report of the alleged 
 39.29  incident.  The report must contain at least the following 
 39.30  information:  the name, address and telephone number of the 
 39.31  victim, if provided by the victim, a statement as to whether an 
 39.32  arrest occurred, the name of the arrested person, and a brief 
 39.33  summary of the incident.  Data that identify a victim who has 
 39.34  made a request under section 13.82, subdivision 17, paragraph 
 39.35  (d), and that are private data under that subdivision, shall be 
 39.36  private in the report required by this section.  A copy of this 
 40.1   report must be provided upon request, at no cost, to the victim 
 40.2   of domestic abuse, the victim's attorney, or organizations 
 40.3   designated by the Minnesota Crime Victims Services Center, the 
 40.4   Department of Public Safety, or the commissioner of corrections 
 40.5   that are providing services to victims of domestic abuse.  The 
 40.6   officer shall submit the report to the officer's supervisor or 
 40.7   other person to whom the employer's rules or policies require 
 40.8   reports of similar allegations of criminal activity to be made. 
 40.9      Sec. 39.  Laws 2002, chapter 266, section 1, is amended to 
 40.10  read: 
 40.11     Section 1.  [DOMESTIC FATALITY REVIEW TEAM PILOT PROJECT 
 40.12  EXTENSION.] 
 40.13     The fourth judicial district may extend the duration of the 
 40.14  pilot project authorized by Laws 1999, chapter 216, article 2, 
 40.15  section 27, and Laws 2000, chapter 468, sections 29 to 32, until 
 40.16  December 31, ~~2004~~ 2006.  If the pilot project is extended, the 
 40.17  domestic fatality review team shall submit a report on the 
 40.18  project to the legislature by January 15, ~~2005~~ 2007. 
 40.19     Sec. 40.  [REPEALER.] 
 40.20     Minnesota Statutes 2002, sections 13.319, subdivision 7; 
 40.21  and 13.475, are repealed.