HF 2087

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to data practices; providing for the 
  1.3             classification and dissemination of various data; 
  1.4             making clarifying, conforming, and technical changes; 
  1.5             amending Minnesota Statutes 2002, sections 13.3805, by 
  1.6             adding a subdivision; 13.43, subdivision 2, by adding 
  1.7             a subdivision; 13.44, by adding a subdivision; 13.46, 
  1.8             subdivisions 1, 7; 13.461, by adding a subdivision; 
  1.9             13.47, subdivision 4; 13.51, subdivision 2; 13.598, as 
  1.10            amended; 13.7931, by adding a subdivision; 13.82, 
  1.11            subdivision 5; 13.871, by adding a subdivision; 
  1.12            119B.02, subdivision 6; 144.2215; 144.335, subdivision 
  1.13            3a, by adding a subdivision; 270B.14, subdivision 2; 
  1.14            278.05, subdivision 3; 629.341, subdivision 4; 
  1.15            Minnesota Statutes 2003 Supplement, sections 13.46, 
  1.16            subdivision 2; 268.19, subdivisions 1, 2; proposing 
  1.17            coding for new law in Minnesota Statutes, chapters 13; 
  1.18            84; repealing Minnesota Statutes 2002, sections 
  1.19            13.319, subdivision 7; 13.475. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21     Section 1.  [13.203] [SERVICE COOPERATIVE CLAIMS DATA.] 
  1.22     Claims experience and all related information received from 
  1.23  carriers and claims administrators participating in a group 
  1.24  health or dental plan, including any long-term disability plan, 
  1.25  offered through the Minnesota service cooperatives to Minnesota 
  1.26  school districts and other political subdivisions, and survey 
  1.27  information collected from employees and employers participating 
  1.28  in these plans and programs, except when the executive director 
  1.29  of a Minnesota service cooperative determines that release of 
  1.30  the data will not be detrimental to the plan or program, are 
  1.31  classified as nonpublic data not on individuals. 
  1.32     Sec. 2.  Minnesota Statutes 2002, section 13.3805, is 
  2.1   amended by adding a subdivision to read: 
  2.2      Subd. 3.  [OFFICE OF HEALTH FACILITY COMPLAINTS; 
  2.3   INVESTIGATIVE DATA.] All investigative data maintained by the 
  2.4   Department of Health's Office of Health Facility Complaints are 
  2.5   subject to the provisions of and classified pursuant to section 
  2.6   626.557, subdivision 12b, paragraphs (b) and (c). 
  2.7      Sec. 3.  Minnesota Statutes 2002, section 13.43, 
  2.8   subdivision 2, is amended to read: 
  2.9      Subd. 2.  [PUBLIC DATA.] (a) Except for employees described 
  2.10  in subdivision 5 and the limitations described in subdivision 
  2.11  5a, the following personnel data on current and former 
  2.12  employees, volunteers, and independent contractors of a state 
  2.13  agency, statewide system, or political subdivision and members 
  2.14  of advisory boards or commissions is public: 
  2.15     (1) name; employee identification number, which must not be 
  2.16  the employee's Social Security number; actual gross salary; 
  2.17  salary range; contract fees; actual gross pension; the value and 
  2.18  nature of employer paid fringe benefits; and the basis for and 
  2.19  the amount of any added remuneration, including expense 
  2.20  reimbursement, in addition to salary; 
  2.21     (2) job title and bargaining unit; job description; 
  2.22  education and training background; and previous work experience; 
  2.23     (3) date of first and last employment; 
  2.24     (4) the existence and status of any complaints or charges 
  2.25  against the employee, regardless of whether the complaint or 
  2.26  charge resulted in a disciplinary action; 
  2.27     (5) the final disposition of any disciplinary action 
  2.28  together with the specific reasons for the action and data 
  2.29  documenting the basis of the action, excluding data that would 
  2.30  identify confidential sources who are employees of the public 
  2.31  body; 
  2.32     (6) the terms of any agreement settling any dispute arising 
  2.33  out of an employment relationship, including a buyout agreement 
  2.34  as defined in section 123B.143, subdivision 2, paragraph (a); 
  2.35  except that the agreement must include specific reasons for the 
  2.36  agreement if it involves the payment of more than $10,000 of 
  3.1   public money; 
  3.2      (7) work location; a work telephone number; badge number; 
  3.3   and honors and awards received; and 
  3.4      (8) payroll time sheets or other comparable data that are 
  3.5   only used to account for employee's work time for payroll 
  3.6   purposes, except to the extent that release of time sheet data 
  3.7   would reveal the employee's reasons for the use of sick or other 
  3.8   medical leave or other not public data; and city and county of 
  3.9   residence. 
  3.10     (b) For purposes of this subdivision, a final disposition 
  3.11  occurs when the state agency, statewide system, or political 
  3.12  subdivision makes its final decision about the disciplinary 
  3.13  action, regardless of the possibility of any later proceedings 
  3.14  or court proceedings.  In the case of arbitration proceedings 
  3.15  arising under collective bargaining agreements, a final 
  3.16  disposition occurs at the conclusion of the arbitration 
  3.17  proceedings, or upon the failure of the employee to elect 
  3.18  arbitration within the time provided by the collective 
  3.19  bargaining agreement.  Final disposition includes a resignation 
  3.20  by an individual when the resignation occurs after the final 
  3.21  decision of the state agency, statewide system, political 
  3.22  subdivision, or arbitrator. 
  3.23     (c) The state agency, statewide system, or political 
  3.24  subdivision may display a photograph of a current or former 
  3.25  employee to a prospective witness as part of the state agency's, 
  3.26  statewide system's, or political subdivision's investigation of 
  3.27  any complaint or charge against the employee. 
  3.28     (d) A complainant has access to a statement provided by the 
  3.29  complainant to a state agency, statewide system, or political 
  3.30  subdivision in connection with a complaint or charge against an 
  3.31  employee. 
  3.32     (e) Notwithstanding paragraph (a), clause (5), upon 
  3.33  completion of an investigation of a complaint or charge against 
  3.34  a public official, or if a public official resigns or is 
  3.35  terminated from employment while the complaint or charge is 
  3.36  pending, all data relating to the complaint or charge are 
  4.1   public, unless access to the data would jeopardize an active 
  4.2   investigation or reveal confidential sources.  For purposes of 
  4.3   this paragraph, "public official" means: 
  4.4      (1) the head of a state agency and deputy and assistant 
  4.5   state agency heads; 
  4.6      (2) members of boards or commissions required by law to be 
  4.7   appointed by the governor or other elective officers; and 
  4.8      (3) executive or administrative heads of departments, 
  4.9   bureaus, divisions, or institutions. 
  4.10     Sec. 4.  Minnesota Statutes 2002, section 13.43, is amended 
  4.11  by adding a subdivision to read: 
  4.12     Subd. 5a.  [LIMITATION ON DISCLOSURE OF CERTAIN PERSONNEL 
  4.13  DATA.] Notwithstanding any other provision of this section, the 
  4.14  following data relating to employees of a secure treatment 
  4.15  facility defined in section 253B.02, subdivision 18a, employees 
  4.16  of a state correctional facility, or employees of the Department 
  4.17  of Corrections directly involved in supervision of offenders in 
  4.18  the community, shall not be disclosed to facility patients, 
  4.19  corrections inmates, or other individuals whom facility or 
  4.20  correction administrators reasonably believe will use the 
  4.21  information to harass, intimidate, or assault any such 
  4.22  employees:  city and county of residence; place where previous 
  4.23  education or training occurred; place of prior employment; 
  4.24  payroll timesheets or other comparable data, to the extent that 
  4.25  such data may disclose future work assignments; home address or 
  4.26  telephone number; the location of employees during nonwork 
  4.27  hours; or the location of employees' immediate family members. 
  4.28     Sec. 5.  Minnesota Statutes 2002, section 13.44, is amended 
  4.29  by adding a subdivision to read: 
  4.30     Subd. 4.  [PERSONAL AND INTANGIBLE PROPERTY; APPRAISAL 
  4.31  DATA.] Preliminary and final market value appraisals, which are 
  4.32  made by personnel of a city or by an independent appraiser 
  4.33  acting on behalf of a city, of personal and intangible property 
  4.34  owned by the city, are classified as nonpublic data not on 
  4.35  individuals until either (1) a purchase agreement is entered 
  4.36  into; or (2) the parties negotiating the transaction exchange 
  5.1   appraisals. 
  5.2      Sec. 6.  Minnesota Statutes 2002, section 13.46, 
  5.3   subdivision 1, is amended to read: 
  5.4      Subdivision 1.  [DEFINITIONS.] As used in this section: 
  5.5      (a) "Individual" means an individual according to section 
  5.6   13.02, subdivision 8, but does not include a vendor of services. 
  5.7      (b) "Program" includes all programs for which authority is 
  5.8   vested in a component of the welfare system according to statute 
  5.9   or federal law, including, but not limited to, the aid to 
  5.10  families with dependent children program formerly codified in 
  5.11  sections 256.72 to 256.87, Minnesota family investment program, 
  5.12  temporary assistance for needy families program, medical 
  5.13  assistance, general assistance, general assistance medical care, 
  5.14  child care assistance program, and child support collections.  
  5.15     (c) "Welfare system" includes the Department of Human 
  5.16  Services, local social services agencies, county welfare 
  5.17  agencies, private licensing agencies, the public authority 
  5.18  responsible for child support enforcement, human services 
  5.19  boards, community mental health center boards, state hospitals, 
  5.20  state nursing homes, the ombudsman for mental health and mental 
  5.21  retardation, and persons, agencies, institutions, organizations, 
  5.22  and other entities under contract to any of the above agencies 
  5.23  to the extent specified in the contract. 
  5.24     (d) "Mental health data" means data on individual clients 
  5.25  and patients of community mental health centers, established 
  5.26  under section 245.62, mental health divisions of counties and 
  5.27  other providers under contract to deliver mental health 
  5.28  services, or the ombudsman for mental health and mental 
  5.29  retardation. 
  5.30     (e) "Fugitive felon" means a person who has been convicted 
  5.31  of a felony and who has escaped from confinement or violated the 
  5.32  terms of probation or parole for that offense. 
  5.33     (f) "Private licensing agency" means an agency licensed by 
  5.34  the commissioner of human services under chapter 245A to perform 
  5.35  the duties under section 245A.16. 
  5.36     Sec. 7.  Minnesota Statutes 2003 Supplement, section 13.46, 
  6.1   subdivision 2, is amended to read: 
  6.2      Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  6.3   a statute specifically provides a different classification, data 
  6.4   on individuals collected, maintained, used, or disseminated by 
  6.5   the welfare system is private data on individuals, and shall not 
  6.6   be disclosed except:  
  6.7      (1) according to section 13.05; 
  6.8      (2) according to court order; 
  6.9      (3) according to a statute specifically authorizing access 
  6.10  to the private data; 
  6.11     (4) to an agent of the welfare system, including a law 
  6.12  enforcement person, attorney, or investigator acting for it in 
  6.13  the investigation or prosecution of a criminal or civil 
  6.14  proceeding relating to the administration of a program; 
  6.15     (5) to personnel of the welfare system who require the data 
  6.16  to verify an individual's identity; determine eligibility, 
  6.17  amount of assistance, and the need to provide services of 
  6.18  additional programs to the an individual or family across 
  6.19  programs; evaluate the effectiveness of programs; and 
  6.20  investigate suspected fraud; 
  6.21     (6) to administer federal funds or programs; 
  6.22     (7) between personnel of the welfare system working in the 
  6.23  same program; 
  6.24     (8) the amounts of cash public assistance and relief paid 
  6.25  to welfare recipients in this state, including to the Department 
  6.26  of Revenue to administer and evaluate tax refund or tax credit 
  6.27  programs and to identify individuals who may benefit from these 
  6.28  programs.  The following information may be disclosed under this 
  6.29  clause:  an individual's and their dependent's names, dates of 
  6.30  birth, Social Security numbers, income, addresses, and other 
  6.31  data as required, upon request by the Department of Revenue to 
  6.32  administer the property tax refund law, supplemental housing 
  6.33  allowance, early refund of refundable tax credits, and the 
  6.34  income tax.  "Refundable tax credits" means Tax refund or tax 
  6.35  credit programs include, but are not limited to, the dependent 
  6.36  care credit under section 290.067, the Minnesota working family 
  7.1   credit under section 290.0671, the property tax refund and 
  7.2   rental credit under section 290A.04, and, if the required 
  7.3   federal waiver or waivers are granted, the federal earned income 
  7.4   tax credit under section 32 of the Internal Revenue Code the 
  7.5   Minnesota education credit under section 290.0674; 
  7.6      (9) between the Department of Human Services, the 
  7.7   Department of Education, and the Department of Employment and 
  7.8   Economic Security Development for the purpose of monitoring the 
  7.9   eligibility of the data subject for unemployment benefits, for 
  7.10  any employment or training program administered, supervised, or 
  7.11  certified by that agency, for the purpose of administering any 
  7.12  rehabilitation program or child care assistance program, whether 
  7.13  alone or in conjunction with the welfare system, or to monitor 
  7.14  and evaluate the Minnesota family investment program by 
  7.15  exchanging data on recipients and former recipients of food 
  7.16  support, cash assistance under chapter 256, 256D, 256J, or 256K, 
  7.17  child care assistance under chapter 119B, or medical programs 
  7.18  under chapter 256B, 256D, or 256L; 
  7.19     (10) to appropriate parties in connection with an emergency 
  7.20  if knowledge of the information is necessary to protect the 
  7.21  health or safety of the individual or other individuals or 
  7.22  persons; 
  7.23     (11) data maintained by residential programs as defined in 
  7.24  section 245A.02 may be disclosed to the protection and advocacy 
  7.25  system established in this state according to Part C of Public 
  7.26  Law 98-527 to protect the legal and human rights of persons with 
  7.27  mental retardation or other related conditions who live in 
  7.28  residential facilities for these persons if the protection and 
  7.29  advocacy system receives a complaint by or on behalf of that 
  7.30  person and the person does not have a legal guardian or the 
  7.31  state or a designee of the state is the legal guardian of the 
  7.32  person; 
  7.33     (12) to the county medical examiner or the county coroner 
  7.34  for identifying or locating relatives or friends of a deceased 
  7.35  person; 
  7.36     (13) data on a child support obligor who makes payments to 
  8.1   the public agency may be disclosed to the Higher Education 
  8.2   Services Office to the extent necessary to determine eligibility 
  8.3   under section 136A.121, subdivision 2, clause (5); 
  8.4      (14) participant Social Security numbers and names 
  8.5   collected by the telephone assistance program may be disclosed 
  8.6   to the Department of Revenue to conduct an electronic data match 
  8.7   with the property tax refund database to determine eligibility 
  8.8   under section 237.70, subdivision 4a; 
  8.9      (15) the current address of a Minnesota family investment 
  8.10  program participant may be disclosed to law enforcement officers 
  8.11  who provide the name of the participant and notify the agency 
  8.12  that: 
  8.13     (i) the participant: 
  8.14     (A) is a fugitive felon fleeing to avoid prosecution, or 
  8.15  custody or confinement after conviction, for a crime or attempt 
  8.16  to commit a crime that is a felony under the laws of the 
  8.17  jurisdiction from which the individual is fleeing; or 
  8.18     (B) is violating a condition of probation or parole imposed 
  8.19  under state or federal law; 
  8.20     (ii) the location or apprehension of the felon is within 
  8.21  the law enforcement officer's official duties; and 
  8.22     (iii) the request is made in writing and in the proper 
  8.23  exercise of those duties; 
  8.24     (16) the current address of a recipient of general 
  8.25  assistance or general assistance medical care may be disclosed 
  8.26  to probation officers and corrections agents who are supervising 
  8.27  the recipient and to law enforcement officers who are 
  8.28  investigating the recipient in connection with a felony level 
  8.29  offense; 
  8.30     (17) information obtained from food support applicant or 
  8.31  recipient households may be disclosed to local, state, or 
  8.32  federal law enforcement officials, upon their written request, 
  8.33  for the purpose of investigating an alleged violation of the 
  8.34  Food Stamp Act, according to Code of Federal Regulations, title 
  8.35  7, section 272.1(c); 
  8.36     (18) the address, Social Security number, and, if 
  9.1   available, photograph of any member of a household receiving 
  9.2   food support shall be made available, on request, to a local, 
  9.3   state, or federal law enforcement officer if the officer 
  9.4   furnishes the agency with the name of the member and notifies 
  9.5   the agency that:  
  9.6      (i) the member: 
  9.7      (A) is fleeing to avoid prosecution, or custody or 
  9.8   confinement after conviction, for a crime or attempt to commit a 
  9.9   crime that is a felony in the jurisdiction the member is 
  9.10  fleeing; 
  9.11     (B) is violating a condition of probation or parole imposed 
  9.12  under state or federal law; or 
  9.13     (C) has information that is necessary for the officer to 
  9.14  conduct an official duty related to conduct described in subitem 
  9.15  (A) or (B); 
  9.16     (ii) locating or apprehending the member is within the 
  9.17  officer's official duties; and 
  9.18     (iii) the request is made in writing and in the proper 
  9.19  exercise of the officer's official duty; 
  9.20     (19) the current address of a recipient of Minnesota family 
  9.21  investment program, general assistance, general assistance 
  9.22  medical care, or food support may be disclosed to law 
  9.23  enforcement officers who, in writing, provide the name of the 
  9.24  recipient and notify the agency that the recipient is a person 
  9.25  required to register under section 243.166, but is not residing 
  9.26  at the address at which the recipient is registered under 
  9.27  section 243.166; 
  9.28     (20) certain information regarding child support obligors 
  9.29  who are in arrears may be made public according to section 
  9.30  518.575; 
  9.31     (21) data on child support payments made by a child support 
  9.32  obligor and data on the distribution of those payments excluding 
  9.33  identifying information on obligees may be disclosed to all 
  9.34  obligees to whom the obligor owes support, and data on the 
  9.35  enforcement actions undertaken by the public authority, the 
  9.36  status of those actions, and data on the income of the obligor 
 10.1   or obligee may be disclosed to the other party; 
 10.2      (22) data in the work reporting system may be disclosed 
 10.3   under section 256.998, subdivision 7; 
 10.4      (23) to the Department of Education for the purpose of 
 10.5   matching Department of Education student data with public 
 10.6   assistance data to determine students eligible for free and 
 10.7   reduced price meals, meal supplements, and free milk according 
 10.8   to United States Code, title 42, sections 1758, 1761, 1766, 
 10.9   1766a, 1772, and 1773; to allocate federal and state funds that 
 10.10  are distributed based on income of the student's family; and to 
 10.11  verify receipt of energy assistance for the telephone assistance 
 10.12  plan; 
 10.13     (24) the current address and telephone number of program 
 10.14  recipients and emergency contacts may be released to the 
 10.15  commissioner of health or a local board of health as defined in 
 10.16  section 145A.02, subdivision 2, when the commissioner or local 
 10.17  board of health has reason to believe that a program recipient 
 10.18  is a disease case, carrier, suspect case, or at risk of illness, 
 10.19  and the data are necessary to locate the person; 
 10.20     (25) to other state agencies, statewide systems, and 
 10.21  political subdivisions of this state, including the attorney 
 10.22  general, and agencies of other states, interstate information 
 10.23  networks, federal agencies, and other entities as required by 
 10.24  federal regulation or law for the administration of the child 
 10.25  support enforcement program; 
 10.26     (26) to personnel of public assistance programs as defined 
 10.27  in section 256.741, for access to the child support system 
 10.28  database for the purpose of administration, including monitoring 
 10.29  and evaluation of those public assistance programs; 
 10.30     (27) to monitor and evaluate the Minnesota family 
 10.31  investment program by exchanging data between the Departments of 
 10.32  Human Services and Education, on recipients and former 
 10.33  recipients of food support, cash assistance under chapter 256, 
 10.34  256D, 256J, or 256K, child care assistance under chapter 119B, 
 10.35  or medical programs under chapter 256B, 256D, or 256L; 
 10.36     (28) to evaluate child support program performance and to 
 11.1   identify and prevent fraud in the child support program by 
 11.2   exchanging data between the Department of Human Services, 
 11.3   Department of Revenue under section 270B.14, subdivision 1, 
 11.4   paragraphs (a) and (b), without regard to the limitation of use 
 11.5   in paragraph (c), Department of Health, Department of Economic 
 11.6   Security, and other state agencies as is reasonably necessary to 
 11.7   perform these functions; or 
 11.8      (29) counties operating child care assistance programs 
 11.9   under chapter 119B may disseminate data on program participants, 
 11.10  applicants, and providers to the commissioner of education. 
 11.11     (b) Information on persons who have been treated for drug 
 11.12  or alcohol abuse may only be disclosed according to the 
 11.13  requirements of Code of Federal Regulations, title 42, sections 
 11.14  2.1 to 2.67. 
 11.15     (c) Data provided to law enforcement agencies under 
 11.16  paragraph (a), clause (15), (16), (17), or (18), or paragraph 
 11.17  (b), are investigative data and are confidential or protected 
 11.18  nonpublic while the investigation is active.  The data are 
 11.19  private after the investigation becomes inactive under section 
 11.20  13.82, subdivision 5, paragraph (a) or (b). 
 11.21     (d) Mental health data shall be treated as provided in 
 11.22  subdivisions 7, 8, and 9, but is not subject to the access 
 11.23  provisions of subdivision 10, paragraph (b). 
 11.24     For the purposes of this subdivision, a request will be 
 11.25  deemed to be made in writing if made through a computer 
 11.26  interface system. 
 11.27     Sec. 8.  Minnesota Statutes 2002, section 13.46, 
 11.28  subdivision 7, is amended to read: 
 11.29     Subd. 7.  [MENTAL HEALTH CENTER DATA.] (a) Mental health 
 11.30  data are private data on individuals and shall not be disclosed, 
 11.31  except:  
 11.32     (1) pursuant to section 13.05, as determined by the 
 11.33  responsible authority for the community mental health center, 
 11.34  mental health division, or provider; 
 11.35     (2) pursuant to court order; 
 11.36     (3) pursuant to a statute specifically authorizing access 
 12.1   to or disclosure of mental health data or as otherwise provided 
 12.2   by this subdivision; or 
 12.3      (4) with the consent of the client or patient.  
 12.4      (b) An agency of the welfare system may not require an 
 12.5   individual to consent to the release of mental health data as a 
 12.6   condition for receiving services or for reimbursing a community 
 12.7   mental health center, mental health division of a county, or 
 12.8   provider under contract to deliver mental health services. 
 12.9      (c) Notwithstanding section 245.69, subdivision 2, 
 12.10  paragraph (f), or any other law to the contrary, the responsible 
 12.11  authority for a community mental health center, mental health 
 12.12  division of a county, or a mental health provider must disclose 
 12.13  mental health data to a law enforcement agency if the law 
 12.14  enforcement agency provides the name of a client or patient and 
 12.15  communicates that the: 
 12.16     (1) client or patient is currently involved in an emergency 
 12.17  interaction with the law enforcement agency; and 
 12.18     (2) data is necessary to protect the health or safety of 
 12.19  the client or patient or of another person. 
 12.20     The scope of disclosure under this paragraph is limited to 
 12.21  the minimum necessary for law enforcement to respond to the 
 12.22  emergency and to protect the health and safety of the client or 
 12.23  patient and other persons.  Disclosure under this paragraph may 
 12.24  include, but is not limited to, the name and telephone number of 
 12.25  the psychiatrist, psychologist, therapist, mental health 
 12.26  professional, practitioner, or case manager of the client or 
 12.27  patient.  A law enforcement agency that obtains mental health 
 12.28  data under this paragraph shall maintain a record of the 
 12.29  requestor, the provider of the information, and the client or 
 12.30  patient name.  The record maintained by the law enforcement 
 12.31  agency is private data on individuals.  
 12.32     (d) In the event of a request under paragraph (a), clause 
 12.33  (4), a community mental health center, county mental health 
 12.34  division, or provider may release mental health data to criminal 
 12.35  mental health court personnel in advance of receiving a copy of 
 12.36  a consent if the criminal mental health court personnel 
 13.1   communicate that the: 
 13.2      (1) client or patient is a defendant in a criminal case 
 13.3   pending in the district court; 
 13.4      (2) data being requested is limited to information that is 
 13.5   necessary to assess whether the defendant is eligible for 
 13.6   participation in the criminal mental health court; and 
 13.7      (3) client or patient has consented to the release of the 
 13.8   mental health data and a copy of the consent will be provided to 
 13.9   the community mental health center, county mental health 
 13.10  division, or provider within 72 hours of the release of the data.
 13.11     For purposes of this paragraph, "criminal mental health 
 13.12  court" refers to a specialty criminal calendar of the Hennepin 
 13.13  County District Court for defendants with mental illness and 
 13.14  brain injury where a primary goal of the calendar is to assess 
 13.15  the treatment needs of the defendants and to incorporate those 
 13.16  treatment needs into voluntary case disposition plans.  This 
 13.17  paragraph does not in any way limit the rights of the court to 
 13.18  obtain the release of mental health data pursuant to court order 
 13.19  or any other means allowed by law. 
 13.20     Sec. 9.  Minnesota Statutes 2002, section 13.461, is 
 13.21  amended by adding a subdivision to read: 
 13.22     Subd. 28.  [CHILD CARE ASSISTANCE PROGRAM.] Data collected, 
 13.23  maintained, used, or disseminated by the welfare system 
 13.24  pertaining to persons selected as legal nonlicensed child care 
 13.25  providers by families receiving child care assistance are 
 13.26  classified under section 119B.02, subdivision 6. 
 13.27     Sec. 10.  Minnesota Statutes 2002, section 13.47, 
 13.28  subdivision 4, is amended to read: 
 13.29     Subd. 4.  [DATA PREPARATION.] To produce data required to 
 13.30  certify the eligibility of training service providers under 
 13.31  section 268.0122, subdivision 3, clause (7), the Workforce 
 13.32  Investment Act of 1998, United States Code, title 29, section 
 13.33  2801, or other studies required by law, the commissioner of 
 13.34  economic security, in consultation with the governor's Workforce 
 13.35  Development Council, employment and economic development may: 
 13.36     (1) enter into a data exchange agreement with a training 
 14.1   service provider whereby the commissioner of economic 
 14.2   security employment and economic development shall furnish to 
 14.3   the provider wage information under section 268.044 on 
 14.4   individuals who have received training services from the 
 14.5   provider.  The provider shall use this wage information to 
 14.6   prepare summary data determined necessary by the commissioner in 
 14.7   consultation with the governor's Workforce Development Council.  
 14.8   The provider may use this wage information for conducting 
 14.9   studies to improve instruction; or 
 14.10     (2) if there is no agreement under clause (1), require the 
 14.11  training service provider to furnish employment and training 
 14.12  data determined necessary by the commissioner in consultation 
 14.13  with the governor's Workforce Development Council. 
 14.14     Sec. 11.  Minnesota Statutes 2002, section 13.51, 
 14.15  subdivision 2, is amended to read: 
 14.16     Subd. 2.  [INCOME PROPERTY ASSESSMENT DATA.] The following 
 14.17  data collected by political subdivisions from individuals or 
 14.18  business entities concerning income properties are classified as 
 14.19  private or nonpublic data pursuant to section 13.02, 
 14.20  subdivisions 9 and 12: 
 14.21     (a) detailed income and expense figures for the current 
 14.22  year plus the previous three years; 
 14.23     (b) average vacancy factors for the previous three years; 
 14.24     (c) verified net rentable areas or net usable areas, 
 14.25  whichever is appropriate; 
 14.26     (d) anticipated income and expenses for the current year; 
 14.27     (e) projected vacancy factor for the current year factors; 
 14.28  and 
 14.29     (f) lease information. 
 14.30     Sec. 12.  Minnesota Statutes 2002, section 13.598, as 
 14.31  amended by Laws 2003, First Special Session chapter 4, section 
 14.32  1, is amended to read: 
 14.33     13.598 [EMPLOYMENT AND ECONOMIC DEVELOPMENT DATA CODED 
 14.34  ELSEWHERE.] 
 14.35     Subdivision 1.  [SCOPE.] The sections referred to in 
 14.36  subdivisions 2 2a to 6 12 are codified outside this chapter and 
 15.1   include classification of employment and economic development 
 15.2   data as other than public, place restrictions on access to 
 15.3   government data, or involve data sharing.  
 15.4      Subd. 2a.  [COMMISSIONER OF EMPLOYMENT AND ECONOMIC 
 15.5   DEVELOPMENT.] Data maintained by the commissioner of employment 
 15.6   and economic development are classified under sections 268.19 
 15.7   and 469.154, subdivision 2.  
 15.8      Subd. 3.  [MINNESOTA TECHNOLOGY, INC.] Data on a tape of a 
 15.9   closed board meeting of Minnesota Technology, Inc. are 
 15.10  classified under section 116O.03, subdivision 6.  Certain data 
 15.11  disclosed to the board or employees of Minnesota Technology, 
 15.12  Inc. are classified under section 116O.03, subdivision 7.  
 15.13     Subd. 4.  [AIRCRAFT FACILITIES.] Specified data about an 
 15.14  airline submitted in connection with state financing of certain 
 15.15  aircraft maintenance facilities are classified under section 
 15.16  116R.02, subdivision 3.  
 15.17     Subd. 5.  [MINNESOTA BUSINESS FINANCE, INC.] Various data 
 15.18  held by Minnesota Business Finance, Inc. are classified under 
 15.19  section 116S.02, subdivision 8.  
 15.20     Subd. 6.  [LOCAL ECONOMIC DEVELOPMENT DATA.] (a) [ 
 15.21  PRELIMINARY INFORMATION.] Access to preliminary information 
 15.22  submitted to the commissioner of employment and economic 
 15.23  development under sections 469.142 to 469.151 or sections 
 15.24  469.152 to 469.165 is limited under section 469.154, subdivision 
 15.25  2.  
 15.26     (b)  [ENTERPRISE ZONES.] Data sharing between the 
 15.27  commissioner of revenue and the commissioner of employment and 
 15.28  economic development or a municipality receiving an enterprise 
 15.29  zone designation is governed by section 469.173, subdivision 5. 
 15.30     (c)  [TAX INCENTIVES.] Disclosure of data by the Department 
 15.31  of Revenue to determine eligibility for tax incentives available 
 15.32  under section 272.0212, 469.1732, or 469.1734, is governed by 
 15.33  section 469.1733, subdivision 1. 
 15.34     Subd. 7.  [PROGRAM DATA.] Program data collected on 
 15.35  individuals are classified by section 268.0122, subdivision 7. 
 15.36     Subd. 8.  [UNEMPLOYMENT INSURANCE HEARINGS.] Disclosure of 
 16.1   unemployment insurance hearing data is governed by section 
 16.2   268.105, subdivision 5. 
 16.3      Subd. 9.  [MINNESOTA YOUTH PROGRAM.] Data on individuals 
 16.4   under the Minnesota youth program are classified under section 
 16.5   268.561, subdivision 7. 
 16.6      Subd. 10.  [EMPLOYMENT AND TRAINING PROGRAMS; DATA 
 16.7   SHARING.] Data sharing of employment and training program data 
 16.8   between the commissioner of employment and economic development, 
 16.9   the commissioner of human services, state agency personnel, and 
 16.10  other users of the inventory, referral, and intake system, is 
 16.11  governed by section 268.86, subdivision 10. 
 16.12     Subd. 11.  [VOCATIONAL REHABILITATION DATA.] Disclosure of 
 16.13  data obtained by the Department of Employment and Economic 
 16.14  Development regarding the vocational rehabilitation of an 
 16.15  injured or disabled employee is governed by section 268A.05. 
 16.16     Subd. 12.  [EMPLOYER DATA.] The department may disseminate 
 16.17  an employer's name, address, industry code, and the number of 
 16.18  employees by ranges of not less than 100 for the purpose of 
 16.19  assisting individuals using the Minnesota Workforce Center 
 16.20  system in obtaining employment. 
 16.21     Sec. 13.  Minnesota Statutes 2002, section 13.7931, is 
 16.22  amended by adding a subdivision to read: 
 16.23     Subd. 1a.  [SPECIFIC LOCATION DATA.] Specific location data 
 16.24  are classified under section 84.0872. 
 16.25     Sec. 14.  Minnesota Statutes 2002, section 13.82, 
 16.26  subdivision 5, is amended to read: 
 16.27     Subd. 5.  [DOMESTIC ABUSE DATA.] The written police report 
 16.28  required by section 629.341, subdivision 4, of an alleged 
 16.29  incident described in section 629.341, subdivision 1, and arrest 
 16.30  data, request for service data, and response or incident data 
 16.31  described in subdivision 2, 3, or 6 that arise out of this type 
 16.32  of incident or out of an alleged violation of an order for 
 16.33  protection must be released upon request at no cost to the 
 16.34  victim of domestic abuse, the victim's attorney, or an 
 16.35  organization designated by the Minnesota Center for Crime 
 16.36  Victims Services, the Department of Corrections, or the 
 17.1   Department of Public Safety as providing services to victims of 
 17.2   domestic abuse.  The executive director or the commissioner of 
 17.3   the appropriate state agency shall develop written criteria for 
 17.4   this designation in consultation with the Advisory Council on 
 17.5   Battered Women and Domestic Abuse. 
 17.6      Sec. 15.  Minnesota Statutes 2002, section 13.871, is 
 17.7   amended by adding a subdivision to read: 
 17.8      Subd. 1a.  [MENTAL HEALTH DATA RECEIVED BY LAW 
 17.9   ENFORCEMENT.] Access to a record of certain mental health data 
 17.10  received by law enforcement from health care providers is 
 17.11  governed by section 144.335, subdivision 3a.  
 17.12     Sec. 16.  [84.0872] [SPECIFIC LOCATION DATA.] 
 17.13     Subdivision 1.  [DEFINITION; GENERAL CLASSIFICATION.] As 
 17.14  used in this section, "specific location data" means data that 
 17.15  would enable persons to locate the protected wild animal or 
 17.16  endangered, threatened, or special concern plant or animal 
 17.17  identified by the data.  Specific location data are public data 
 17.18  unless otherwise classified in this section. 
 17.19     Subd. 2.  [NONPUBLIC DATA.] Specific location data procured 
 17.20  by the Department of Natural Resources that identify protected 
 17.21  wild animals, as defined under section 97A.015, subdivision 39, 
 17.22  or species that are designated endangered, threatened, or of 
 17.23  special concern under section 84.0895, subdivision 3, are 
 17.24  classified as nonpublic data if disclosure is likely to: 
 17.25     (1) hinder management, propagation, or research; 
 17.26     (2) facilitate unfair chase or illegal taking, transport, 
 17.27  or sale; or 
 17.28     (3) decrease the likelihood of establishing a protected 
 17.29  wild animal or bringing an endangered, threatened, or special 
 17.30  concern species to a point at which it is no longer endangered, 
 17.31  threatened, or of special concern. 
 17.32     The commissioner upon request shall explain the basis for 
 17.33  classifying specific location data as nonpublic data. 
 17.34     Subd. 3.  [DISCLOSURE.] The commissioner may disclose data 
 17.35  classified as nonpublic under subdivision 2 to a person, an 
 17.36  agency, or the public if the commissioner determines that the 
 18.1   disclosure will promote public benefit by: 
 18.2      (1) aiding the environmental review process; 
 18.3      (2) aiding research, education, or conservation planning; 
 18.4   or 
 18.5      (3) providing information to landowners about locations 
 18.6   occurring on the landowners' property, if provision of the 
 18.7   information will promote protection of the resource. 
 18.8      Sec. 17.  Minnesota Statutes 2002, section 119B.02, 
 18.9   subdivision 6, is amended to read: 
 18.10     Subd. 6.  [DATA.] Data on individuals collected by the 
 18.11  commissioner for purposes of administering this chapter are 
 18.12  private data on individuals as defined in section 13.02.  Data 
 18.13  collected, maintained, used, or disseminated by the welfare 
 18.14  system pertaining to persons selected as legal nonlicensed child 
 18.15  care providers by families receiving child care assistance shall 
 18.16  be treated as licensing data as provided in section 13.46, 
 18.17  subdivision 4. 
 18.18     Sec. 18.  Minnesota Statutes 2002, section 144.2215, is 
 18.19  amended to read: 
 18.20     144.2215 [BIRTH DEFECTS REGISTRY SYSTEM.] 
 18.21     The commissioner of health shall develop a statewide birth 
 18.22  defects registry system to provide for the collection, analysis, 
 18.23  and dissemination of birth defects information.  The 
 18.24  commissioner shall consult with representatives and experts in 
 18.25  epidemiology, medicine, insurance, health maintenance 
 18.26  organizations, genetics, consumers, and voluntary organizations 
 18.27  in developing the system and may phase in the implementation of 
 18.28  the system.  Informed, separate parent consent is required prior 
 18.29  to accessing medical record data or placing information in the 
 18.30  birth defects registry system. 
 18.31     Sec. 19.  Minnesota Statutes 2002, section 144.335, 
 18.32  subdivision 3a, is amended to read: 
 18.33     Subd. 3a.  [PATIENT CONSENT TO RELEASE OF RECORDS; 
 18.34  LIABILITY.] (a) A provider, or a person who receives health 
 18.35  records from a provider, may not release a patient's health 
 18.36  records to a person without a signed and dated consent from the 
 19.1   patient or the patient's legally authorized representative 
 19.2   authorizing the release, unless the release is specifically 
 19.3   authorized by law.  Except as provided in paragraph (c) or (d), 
 19.4   a consent is valid for one year or for a lesser period specified 
 19.5   in the consent or for a different period provided by law.  
 19.6      (b) This subdivision does not prohibit the release of 
 19.7   health records: 
 19.8      (1) for a medical emergency when the provider is unable to 
 19.9   obtain the patient's consent due to the patient's condition or 
 19.10  the nature of the medical emergency; or 
 19.11     (2) to other providers within related health care entities 
 19.12  when necessary for the current treatment of the patient. 
 19.13     (c) Notwithstanding paragraph (a), if a patient explicitly 
 19.14  gives informed consent to the release of health records for the 
 19.15  purposes and pursuant to the restrictions in clauses (1) and 
 19.16  (2), the consent does not expire after one year for: 
 19.17     (1) the release of health records to a provider who is 
 19.18  being advised or consulted with in connection with the current 
 19.19  treatment of the patient; 
 19.20     (2) the release of health records to an accident and health 
 19.21  insurer, health service plan corporation, health maintenance 
 19.22  organization, or third-party administrator for purposes of 
 19.23  payment of claims, fraud investigation, or quality of care 
 19.24  review and studies, provided that: 
 19.25     (i) the use or release of the records complies with 
 19.26  sections 72A.49 to 72A.505; 
 19.27     (ii) further use or release of the records in individually 
 19.28  identifiable form to a person other than the patient without the 
 19.29  patient's consent is prohibited; and 
 19.30     (iii) the recipient establishes adequate safeguards to 
 19.31  protect the records from unauthorized disclosure, including a 
 19.32  procedure for removal or destruction of information that 
 19.33  identifies the patient. 
 19.34     (d) Notwithstanding paragraph (a), health records may be 
 19.35  released to an external researcher solely for purposes of 
 19.36  medical or scientific research only as follows: 
 20.1      (1) health records generated before January 1, 1997, may be 
 20.2   released if the patient has not objected or does not elect to 
 20.3   object after that date; 
 20.4      (2) for health records generated on or after January 1, 
 20.5   1997, the provider must: 
 20.6      (i) disclose in writing to patients currently being treated 
 20.7   by the provider that health records, regardless of when 
 20.8   generated, may be released and that the patient may object, in 
 20.9   which case the records will not be released; and 
 20.10     (ii) use reasonable efforts to obtain the patient's written 
 20.11  general authorization that describes the release of records in 
 20.12  item (i), which does not expire but may be revoked or limited in 
 20.13  writing at any time by the patient or the patient's authorized 
 20.14  representative; 
 20.15     (3) authorization may be established if an authorization is 
 20.16  mailed at least two times to the patient's last known address 
 20.17  with a postage prepaid return envelope and a conspicuous notice 
 20.18  that the patient's medical records may be released if the 
 20.19  patient does not object, and at least 60 days have expired since 
 20.20  the second notice was sent; and the provider must advise the 
 20.21  patient of the rights specified in clause (4); and 
 20.22     (4) the provider must, at the request of the patient, 
 20.23  provide information on how the patient may contact an external 
 20.24  researcher to whom the health record was released and the date 
 20.25  it was released.  
 20.26     In making a release for research purposes the provider 
 20.27  shall make a reasonable effort to determine that: 
 20.28     (i) the use or disclosure does not violate any limitations 
 20.29  under which the record was collected; 
 20.30     (ii) the use or disclosure in individually identifiable 
 20.31  form is necessary to accomplish the research or statistical 
 20.32  purpose for which the use or disclosure is to be made; 
 20.33     (iii) the recipient has established and maintains adequate 
 20.34  safeguards to protect the records from unauthorized disclosure, 
 20.35  including a procedure for removal or destruction of information 
 20.36  that identifies the patient; and 
 21.1      (iv) further use or release of the records in individually 
 21.2   identifiable form to a person other than the patient without the 
 21.3   patient's consent is prohibited.  
 21.4      (e) A person who negligently or intentionally releases a 
 21.5   health record in violation of this subdivision, or who forges a 
 21.6   signature on a consent form, or who obtains under false 
 21.7   pretenses the consent form or health records of another person, 
 21.8   or who, without the person's consent, alters a consent form, is 
 21.9   liable to the patient for compensatory damages caused by an 
 21.10  unauthorized release, plus costs and reasonable attorney's fees. 
 21.11     (f) Upon the written request of a spouse, parent, child, or 
 21.12  sibling of a patient being evaluated for or diagnosed with 
 21.13  mental illness, a provider shall inquire of a patient whether 
 21.14  the patient wishes to authorize a specific individual to receive 
 21.15  information regarding the patient's current and proposed course 
 21.16  of treatment.  If the patient so authorizes, the provider shall 
 21.17  communicate to the designated individual the patient's current 
 21.18  and proposed course of treatment.  Paragraph (a) applies to 
 21.19  consents given under this paragraph. 
 21.20     (g) Notwithstanding paragraph (a), a provider must disclose 
 21.21  health records relating to a patient's mental health to a law 
 21.22  enforcement agency if the law enforcement agency provides the 
 21.23  name of the patient and communicates that the: 
 21.24     (1) patient is currently involved in an emergency 
 21.25  interaction with the law enforcement agency; and 
 21.26     (2) disclosure of the records is necessary to protect the 
 21.27  health or safety of the patient or of another person.  
 21.28     The scope of disclosure under this paragraph is limited to 
 21.29  the minimum necessary for law enforcement to respond to the 
 21.30  emergency and to protect the health and safety of the patient 
 21.31  and other persons.  A law enforcement agency that obtains health 
 21.32  records under this paragraph shall maintain a record of the 
 21.33  requestor, the provider of the information, and the patient's 
 21.34  name.  The record maintained by the law enforcement agency is 
 21.35  private data on individuals, as defined in section 13.02.  
 21.36     (h) In cases where a provider releases health records 
 22.1   without patient consent as authorized by law, the release must 
 22.2   be documented in the patient's health record.  In the case of a 
 22.3   release under paragraph (g), the documentation must include the 
 22.4   date and circumstances under which the release was made, the 
 22.5   person or agency to whom the release was made, and the records 
 22.6   that were released. 
 22.7      Sec. 20.  Minnesota Statutes 2002, section 144.335, is 
 22.8   amended by adding a subdivision to read: 
 22.9      Subd. 3d.  [MINNESOTA PARTNERSHIP FOR BIOTECHNOLOGY AND 
 22.10  MEDICAL GENOMICS.] A separate informed patient consent is 
 22.11  required for medical research conducted through the Minnesota 
 22.12  Partnership for Biotechnology and Medical Genomics. 
 22.13     Unless a family member objects, genetic research may be 
 22.14  carried out on individuals who have died prior to the effective 
 22.15  date of this section.  A conspicuous notice of the right to 
 22.16  object must be posted in public places at institutions 
 22.17  participating in the Minnesota Partnership for Biotechnology and 
 22.18  Medical Genomics. 
 22.19     Sec. 21.  Minnesota Statutes 2003 Supplement, section 
 22.20  268.19, subdivision 1, is amended to read: 
 22.21     Subdivision 1.  [USE OF DATA.] (a) Except as otherwise 
 22.22  provided by this section, data gathered from any employer or 
 22.23  individual person pursuant to the administration of the 
 22.24  Minnesota Unemployment Insurance Law are private data on 
 22.25  individuals or nonpublic data not on individuals as defined in 
 22.26  section 13.02, subdivisions 9 and 12, and may not be disclosed 
 22.27  except pursuant to a court order or section 13.05.  A subpoena 
 22.28  shall not be considered a court order.  These data may be 
 22.29  disseminated to and used by the following agencies without the 
 22.30  consent of the subject of the data:  
 22.31     (1) state and federal agencies specifically authorized 
 22.32  access to the data by state or federal law; 
 22.33     (2) any agency of Minnesota or any other state; or any 
 22.34  federal agency charged with the administration of an employment 
 22.35  security law or unemployment insurance program; 
 22.36     (3) any agency responsible for the maintenance of a system 
 23.1   of public employment offices for the purpose of assisting 
 23.2   individuals in obtaining employment; 
 23.3      (3) (4) human rights agencies within Minnesota that have 
 23.4   enforcement powers; 
 23.5      (4) (5) the Department of Revenue must have access to 
 23.6   department private data on individuals and nonpublic data not on 
 23.7   individuals only to the extent necessary for enforcement of its 
 23.8   duties under Minnesota tax laws; 
 23.9      (5) (6) public and private agencies responsible for 
 23.10  administering publicly financed assistance programs for the 
 23.11  purpose of monitoring the eligibility of the program's 
 23.12  recipients; 
 23.13     (6) (7) the Department of Labor and Industry on an 
 23.14  interchangeable basis with the department subject to the 
 23.15  following limitations and regardless of any law to the contrary: 
 23.16     (i) the department must have access to private data on 
 23.17  individuals and nonpublic data not on individuals for uses 
 23.18  consistent with the administration of its duties under the 
 23.19  Minnesota Unemployment Insurance Law; and 
 23.20     (ii) the Department of Labor and Industry must have access 
 23.21  to private data on individuals and nonpublic data not on 
 23.22  individuals for uses consistent with the administration of its 
 23.23  duties under Minnesota law; 
 23.24     (7) the Department of Employment and Economic Development 
 23.25  may have access to private data on individual employers and 
 23.26  nonpublic data not on individual employers for its internal use 
 23.27  only; when received by the Department of Employment and Economic 
 23.28  Development, the data remain private data on individuals or 
 23.29  nonpublic data; 
 23.30     (8) local and state welfare agencies for monitoring the 
 23.31  eligibility of the data subject for assistance programs, or for 
 23.32  any employment or training program administered by those 
 23.33  agencies, whether alone, in combination with another welfare 
 23.34  agency, or in conjunction with the department or to monitor and 
 23.35  evaluate the statewide Minnesota family investment program by 
 23.36  providing data on recipients and former recipients of food 
 24.1   stamps or food support, cash assistance under chapter 256, 256D, 
 24.2   256J, or 256K, child care assistance under chapter 119B, or 
 24.3   medical programs under chapter 256B, 256D, or 256L; 
 24.4      (9) local, state, and federal law enforcement agencies for 
 24.5   the sole purpose of ascertaining the last known address and 
 24.6   employment location of the data subject, provided the data 
 24.7   subject a person who is the subject of a criminal investigation; 
 24.8      (10) the federal Immigration and Naturalization Service 
 24.9   shall have access to data on specific individuals and specific 
 24.10  employers provided the specific individual or specific employer 
 24.11  is the subject of an investigation by that agency; and 
 24.12     (11) the Department of Health may have access to private 
 24.13  data on individuals and nonpublic data not on individuals solely 
 24.14  for the purposes of epidemiologic investigations.  
 24.15     (b) Data on individuals and employers that are collected, 
 24.16  maintained, or used by the department in an investigation 
 24.17  pursuant to section 268.182 are confidential as to data on 
 24.18  individuals and protected nonpublic data not on individuals as 
 24.19  defined in section 13.02, subdivisions 3 and 13, and must not be 
 24.20  disclosed except pursuant to statute or court order or to a 
 24.21  party named in a criminal proceeding, administrative or 
 24.22  judicial, for preparation of a defense.  
 24.23     (c) Tape recordings and transcripts of recordings of 
 24.24  proceedings conducted in accordance with section 268.105 and 
 24.25  exhibits received into evidence at those proceedings are private 
 24.26  data on individuals and nonpublic data not on individuals and 
 24.27  must be disclosed only pursuant to the administration of section 
 24.28  268.105, or pursuant to a court order.  
 24.29     (d) The department may disseminate an employer's name, 
 24.30  address, industry code, occupations employed, and the number of 
 24.31  employees by ranges of not less than 100 for the purpose of 
 24.32  assisting individuals using the Minnesota Workforce Center 
 24.33  system in obtaining employment. 
 24.34     (e) The general aptitude test battery and the nonverbal 
 24.35  aptitude test battery as administered by the department are 
 24.36  private data on individuals or nonpublic data.  
 25.1      (f) Data gathered by the department pursuant to the 
 25.2   administration of the Minnesota unemployment insurance program 
 25.3   and the job service must not be made the subject or the basis 
 25.4   for any suit in any civil proceedings, administrative or 
 25.5   judicial, unless the action is initiated by the department. 
 25.6      Sec. 22.  Minnesota Statutes 2003 Supplement, section 
 25.7   268.19, subdivision 2, is amended to read: 
 25.8      Subd. 2.  [EMPLOYER INFORMATION; ABSOLUTE PRIVILEGE.] (a) 
 25.9   Regardless of any provision of law to the contrary, an employer 
 25.10  may provide the commissioner with information on an applicant so 
 25.11  that the commissioner can determine an applicant's entitlement 
 25.12  to unemployment benefits under the Minnesota Unemployment 
 25.13  Insurance Law. 
 25.14     (b) The commissioner may disseminate an employer's name and 
 25.15  address and the name and address of any employer's unemployment 
 25.16  insurance processing agent in order to administer the Minnesota 
 25.17  unemployment insurance program. 
 25.18     (c) Information obtained pursuant to the Minnesota 
 25.19  Unemployment Insurance Law, in order to determine an applicant's 
 25.20  entitlement to unemployment benefits, shall be absolutely 
 25.21  privileged and shall not be made the subject matter or the basis 
 25.22  for any civil proceeding, administrative, or judicial.  
 25.23     Sec. 23.  Minnesota Statutes 2002, section 270B.14, 
 25.24  subdivision 2, is amended to read: 
 25.25     Subd. 2.  [DISCLOSURE TO DEPARTMENT OF EMPLOYMENT AND 
 25.26  ECONOMIC SECURITY DEVELOPMENT.] (a) Data relating to individuals 
 25.27  are treated as follows: 
 25.28     (1) Return information may be disclosed to the Department 
 25.29  of Employment and Economic Security Development to the extent 
 25.30  provided in clause (2) and for the purposes provided in clause 
 25.31  (3). 
 25.32     (2) The data that may be disclosed is limited to the amount 
 25.33  of gross income earned by an individual, the total amounts of 
 25.34  earnings from each employer, and the employer's name. 
 25.35     (3) Data may be requested pertaining only to individuals 
 25.36  who have claimed benefits under sections 268.03 to 268.23 and 
 26.1   only if the individuals are the subject of investigations based 
 26.2   on other information available to the Department of Employment 
 26.3   and Economic Security Development.  Data received may be used 
 26.4   only as set forth in section 268.19, clause (d) subdivision 1, 
 26.5   paragraph (b). 
 26.6      (b) Data pertaining to corporations or other employing 
 26.7   units may be disclosed to the Department of Employment and 
 26.8   Economic Security Development to the extent necessary for the 
 26.9   proper enforcement of chapter 268. 
 26.10     Sec. 24.  Minnesota Statutes 2002, section 278.05, 
 26.11  subdivision 3, is amended to read: 
 26.12     Subd. 3.  [ASSESSOR'S RECORDS; EVIDENCE.] Assessor's 
 26.13  records, including certificates of real estate value, assessor's 
 26.14  field cards and property appraisal cards shall be made available 
 26.15  to the petitioner for inspection and copying and may be offered 
 26.16  at the trial subject to section 13.51, the applicable rules of 
 26.17  evidence and rules governing pretrial discovery and shall not be 
 26.18  excluded from discovery or admissible evidence on the grounds 
 26.19  that the documents and the information recorded thereon are 
 26.20  confidential or classified as private data on 
 26.21  individuals.  Notwithstanding any provision of law to the 
 26.22  contrary, pretrial discovery is not permitted of assessor's data 
 26.23  which are classified as private or nonpublic under section 13.51 
 26.24  or by court order, of property which is not subject to the 
 26.25  petition.  Evidence of comparable sales of other property shall, 
 26.26  within the discretion of the court, be admitted at the trial.  
 26.27     Sec. 25.  Minnesota Statutes 2002, section 629.341, 
 26.28  subdivision 4, is amended to read: 
 26.29     Subd. 4.  [REPORT REQUIRED.] Whenever a peace officer 
 26.30  investigates an allegation that an incident described in 
 26.31  subdivision 1 has occurred, whether or not an arrest is made, 
 26.32  the officer shall make a written police report of the alleged 
 26.33  incident.  The report must contain at least the following 
 26.34  information:  the name, address and telephone number of the 
 26.35  victim, if provided by the victim, a statement as to whether an 
 26.36  arrest occurred, the name of the arrested person, and a brief 
 27.1   summary of the incident.  Data that identify a victim who has 
 27.2   made a request under section 13.82, subdivision 17, paragraph 
 27.3   (d), and that are private data under that subdivision, shall be 
 27.4   private in the report required by this section.  A copy of this 
 27.5   report must be provided upon request, at no cost, to the victim 
 27.6   of domestic abuse, the victim's attorney, or organizations 
 27.7   designated by the Minnesota Crime Victims Services Center, the 
 27.8   Department of Public Safety, or the commissioner of corrections 
 27.9   that are providing services to victims of domestic abuse.  The 
 27.10  officer shall submit the report to the officer's supervisor or 
 27.11  other person to whom the employer's rules or policies require 
 27.12  reports of similar allegations of criminal activity to be made. 
 27.13     Sec. 26.  [REPEALER.] 
 27.14     Minnesota Statutes 2002, sections 13.319, subdivision 7; 
 27.15  and 13.475, are repealed. 
 27.16     Sec. 27.  [EFFECTIVE DATE.] 
 27.17     Sections 14 and 25 are effective the day following final 
 27.18  enactment.