Bill Text: MN SF1143 | 2011-2012 | 87th Legislature | Chaptered
Bill Title: Omnibus data practices provisions modification
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2012-05-10 - Secretary of State Chapter 290 [SF1143 Detail]
Download: Minnesota-2011-SF1143-Chaptered.html
CHAPTER 290--S.F.No. 1143
An act
relating to state government; classifying and authorizing sharing of data; making technical and clarifying changes to data practices and open meeting law
provisions; imposing a limitation on state dependent audits; repealing certain data
practices provisions; adding cross-references to open meeting law provisions
codified elsewhere;amending Minnesota Statutes 2010, sections 13.02,
subdivisions 3, 4, 8a, 9, 12, 13, 14, 15, 16; 13.03, subdivisions 2, 4; 13.072,
subdivision 2; 13.10, subdivision 1; 13.202, subdivision 3; 13.37, subdivisions 1,
2; 13.3805, subdivision 1; 13.384, subdivision 1; 13.39, by adding a subdivision;
13.43, subdivision 1, by adding subdivisions; 13.44, subdivision 3; 13.46,
subdivisions 2, 3, 4, 5, 6; 13.462, subdivision 1; 13.47, subdivision 1; 13.485,
by adding subdivisions; 13.548; 13.585, subdivisions 2, 3; 13.601, subdivision
3; 13.635, by adding a subdivision; 13.64, by adding a subdivision; 13.643,
subdivisions 5, 7; 13.6435, by adding a subdivision; 13.65, subdivisions 1, 2, 3;
13.679, subdivision 2; 13.719, subdivisions 1, 5; 13.7191, subdivisions 14, 18;
13.72, subdivision 11, by adding a subdivision; 13.7932; 13.82, subdivisions 2,
3, 6, 7, by adding a subdivision; 13.83, subdivisions 2, 4, 6; 13.87, subdivision 2;
13D.015, subdivision 5; 43A.28; 79A.16; 79A.28; 84.0874; 216C.266; 237.701,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 13;
13D; 43A; repealing Minnesota Statutes 2010, sections 13.05, subdivisions 1, 2,
8; 13.4967, subdivision 6a; 298.22, subdivision 12.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2010, section 13.02, subdivision 3, is amended to read:
Subd. 3. Confidential data on individuals. "Confidential data on individuals"
and
Sec. 2. Minnesota Statutes 2010, section 13.02, subdivision 4, is amended to read:
Subd. 4. Data not on individuals. "Data not on individuals"
government data
Sec. 3. Minnesota Statutes 2010, section 13.02, subdivision 8a, is amended to read:
Subd. 8a. Not public data. "Not public data"
nonpublic, or protected nonpublic.
Sec. 4. Minnesota Statutes 2010, section 13.02, subdivision 9, is amended to read:
Subd. 9. Nonpublic data. "Nonpublic data"
and (b) accessible to the subject, if any, of the data.
Sec. 5. Minnesota Statutes 2010, section 13.02, subdivision 12, is amended to read:
Subd. 12. Private data on individuals. "Private data on individuals"
data
(b) accessible to the individual subject of
Sec. 6. Minnesota Statutes 2010, section 13.02, subdivision 13, is amended to read:
Subd. 13. Protected nonpublic data. "Protected nonpublic data"
not on individuals
public and (b) not accessible to the subject of the data.
Sec. 7. Minnesota Statutes 2010, section 13.02, subdivision 14, is amended to read:
Subd. 14. Public data not on individuals. "Public data not on individuals"
are data
Sec. 8. Minnesota Statutes 2010, section 13.02, subdivision 15, is amended to read:
Subd. 15. Public data on individuals. "Public data on individuals"
Sec. 9. Minnesota Statutes 2010, section 13.02, subdivision 16, is amended to read:
Subd. 16. Responsible authority. (a) "Responsible authority" in a state agency or
statewide system means the state official designated by law or by the commissioner as
the individual responsible for the collection, use and dissemination of any set of data on
individuals, government data, or summary data.
(b) "Responsible authority" in any political subdivision means the individual
designated by the governing body of that political subdivision as the individual responsible
for the collection, use, and dissemination of any set of data on individuals, government
data, or summary data, unless otherwise provided by state law. Until an individual is
designated by the political subdivision's governing body, the responsible authority is:
(1) for counties, the county coordinator or administrator. If the county does not
employ a coordinator or administrator, the responsible authority is the county auditor;
(2) for statutory or home rule charter cities, the elected or appointed city clerk. If the
home rule charter does not provide for an office of city clerk, the responsible authority is
the chief clerical officer for filing and record keeping purposes;
(3) for school districts, the superintendent; and
(4) for all other political subdivisions, the chief clerical officer for filing and record
keeping purposes.
Sec. 10. [13.025] GOVERNMENT ENTITY OBLIGATION.
Subdivision 1. Data inventory. The responsible authority shall prepare an inventory
containing the authority's name, title, address, and a description of each category of record,
file, or process relating to private or confidential data on individuals maintained by the
authority's government entity. Forms used to collect private and confidential data may be
included in the inventory. The responsible authority shall update the inventory annually
and make any changes necessary to maintain the accuracy of the inventory. The inventory
must be available from the responsible authority to the public according to the provisions
of sections 13.03 and 15.17. The commissioner may require responsible authorities to
submit copies of the inventory and may request additional information relevant to data
collection practices, policies, and procedures.
Subd. 2. Public data access policy. The responsible authority shall prepare a
written data access policy and update it no later than August 1 of each year, and at any
other time as necessary to reflect changes in personnel, procedures, or other circumstances
that impact the public's ability to access data.
Subd. 3. Data subject rights and access policy. The responsible authority shall
prepare a written policy of the rights of data subjects under section 13.04 and the specific
procedures used by the government entity for access by the data subject to public or
private data on individuals. The written policy must be updated no later than August 1 of
each year, and at any other time as necessary to reflect changes in personnel, procedures,
or other circumstances that impact the public's ability to access data.
Subd. 4. Availability. The responsible authority shall make copies of the policies
required under subdivisions 2 and 3 easily available to the public by distributing free copies
to the public or by posting the policies in a conspicuous place within the government entity
that is easily accessible to the public or by posting it on the government entity's Web site.
Sec. 11. Minnesota Statutes 2010, section 13.03, subdivision 2, is amended to read:
Subd. 2. Procedures. (a) The responsible authority in every government entity shall
establish procedures, consistent with this chapter, to insure that requests for government
data are received and complied with in an appropriate and prompt manner.
researchers including historians, genealogists and other scholars to carry out extensive
research and complete copying of all records containing government data except as
otherwise expressly provided by law.
A responsible authority may designate one or more designees.
Sec. 12. Minnesota Statutes 2010, section 13.03, subdivision 4, is amended to read:
Subd. 4. Change in classification of data; effect of dissemination among
agencies. (a) The classification of a government entity's data
shall change if it is required to do so to comply with either judicial or administrative rules
pertaining to the conduct of legal actions or with a specific statute applicable to the data
in the possession of the disseminating or receiving entity.
(b) If data on individuals
chapter, or any other statute or federal law, the data
(c) To the extent that government data
by another government entity, the data disseminated shall have the same classification
providing
(d) If a government entity disseminates data to another government entity, a
classification provided for by law
affect the classification of the data
(e) To the extent that judicial branch data
by the judicial branch, the data disseminated shall have the same level of accessibility
classification in state statute or federal law, the government entity must maintain the
data according to the specific classification.
Sec. 13. Minnesota Statutes 2010, section 13.072, subdivision 2, is amended to read:
Subd. 2. Effect. Opinions issued by the commissioner under this section are not
binding on the government entity or members of a body subject to chapter 13D whose
data or performance of duties is the subject of the opinion, but an opinion described in
subdivision 1, paragraph (a), must be given deference by a court or other tribunal in a
proceeding involving the data. The commissioner shall arrange for public dissemination
of opinions issued under this section, and shall indicate when the principles stated in
an opinion are not intended to provide guidance to all similarly situated persons or
government entities. This section does not preclude a person from bringing any other
action under this chapter or other law in addition to or instead of requesting a written
opinion. A government entity, members of a body subject to chapter 13D, or person that
acts in conformity with a written opinion of the commissioner issued to the government
entity, members, or person or to another party is not liable for compensatory or exemplary
damages or awards of attorneys fees in actions for violations arising under section
or
any other penalty under chapter 13D. A member of a body subject to chapter 13D is not
subject to forfeiture of office if the member was acting in reliance on an opinion.
Sec. 14. Minnesota Statutes 2010, section 13.10, subdivision 1, is amended to read:
Subdivision 1. Definitions. As used in this chapter:
(a) "Confidential data on decedents"
the data subject, were classified by statute, federal law, or temporary classification as
confidential data.
(b) "Private data on decedents"
subject, were classified by statute, federal law, or temporary classification as private data.
(c) "Representative of the decedent"
estate of the decedent during the period of administration, or if no personal representative
has been appointed or after discharge of the personal representative, the surviving spouse,
any child of the decedent, or, if there is no surviving spouse or children, the parents of
the decedent.
Sec. 15. Minnesota Statutes 2010, section 13.202, subdivision 3, is amended to read:
Subd. 3. Hennepin County. (a) Data collected by the Hennepin Healthcare System,
Inc. are governed under section
(b) Records of Hennepin County board meetings permitted to be closed under
section
Sec. 16. Minnesota Statutes 2010, section 13.37, subdivision 1, is amended to read:
Subdivision 1. Definitions. As used in this section, the following terms have the
meanings given them.
(a) "Security information" means government data the disclosure of which the
responsible authority determines would be likely to substantially jeopardize the security of
information, possessions, individuals or property against theft, tampering, improper use,
attempted escape, illegal disclosure, trespass, or physical injury. "Security information"
includes crime prevention block maps and lists of volunteers who participate in community
crime prevention programs and their home addresses and telephone numbers.
(b) "Trade secret information" means government data, including a formula, pattern,
compilation, program, device, method, technique or process (1) that was supplied by the
affected individual or organization, (2) that is the subject of efforts by the individual or
organization that are reasonable under the circumstances to maintain its secrecy, and (3)
that derives independent economic value, actual or potential, from not being generally
known to, and not being readily ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use.
(c) "Labor relations information" means management positions on economic and
noneconomic items that have not been presented during the collective bargaining process
or interest arbitration, including information specifically collected or created to prepare
the management position.
(d) "Parking space leasing data" means the following government data on an
applicant for, or lessee of, a parking space: residence address, home telephone number,
beginning and ending work hours, place of employment, work telephone number, and
location of the parking space.
Sec. 17. Minnesota Statutes 2010, section 13.37, subdivision 2, is amended to read:
Subd. 2. Classification. (a) The following government data is classified as nonpublic
data with regard to data not on individuals, pursuant to section
private data with regard to data on individuals, pursuant to section
Security information; trade secret information; sealed absentee ballots prior to opening
by an election judge; sealed bids, including the number of bids received, prior to the
opening of the bids; parking space leasing data; and labor relations information, provided
that specific labor relations information which relates to a specific labor organization is
classified as protected nonpublic data pursuant to section
(b) If a government entity denies a data request based on a determination that the
data are security information, upon request, the government entity must provide a short
description explaining the necessity for the classification.
Sec. 18. Minnesota Statutes 2010, section 13.3805, subdivision 1, is amended to read:
Subdivision 1. Health data generally. (a) Definitions. As used in this subdivision:
(1) "Commissioner" means the commissioner of health.
(2) "Health data"
maintained by the Department of Health, political subdivisions, or statewide systems
relating to the identification, description, prevention, and control of disease or as part of
an epidemiologic investigation the commissioner designates as necessary to analyze,
describe, or protect the public health.
(b) Data on individuals. (1) Health data are private data on individuals.
Notwithstanding section
provided in this subdivision and section
(2) The commissioner or a local board of health as defined in section
subdivision 2
or identify a case, carrier, or suspect case, to establish a diagnosis, to provide treatment, to
identify persons at risk of illness, or to conduct an epidemiologic investigation.
(3) With the approval of the commissioner, health data may be disclosed to the
extent necessary to assist the commissioner to locate or identify a case, carrier, or suspect
case, to alert persons who may be threatened by illness as evidenced by epidemiologic
data, to control or prevent the spread of serious disease, or to diminish an imminent threat
to the public health.
(c) Health summary data. Summary data derived from data collected under section
Sec. 19. Minnesota Statutes 2010, section 13.384, subdivision 1, is amended to read:
Subdivision 1. Definition. As used in this section:
(a) "Directory information" means name of the patient, date admitted, and general
condition.
(b) "Medical data"
or client of a hospital, nursing home, medical center, clinic, health or nursing agency
operated by a government entity including business and financial records, data provided
by private health care facilities, and data provided by or about relatives of the individual.
Sec. 20. Minnesota Statutes 2010, section 13.39, is amended by adding a subdivision
to read:
Subd. 4. Exclusion. This section does not apply when the sole issue or dispute is a
government entity's timeliness in responding to a data request.
Sec. 21. Minnesota Statutes 2010, section 13.43, subdivision 1, is amended to read:
Subdivision 1. Definition. As used in this section, "personnel data" means
government data on individuals maintained because the individual is or was an employee
of or an applicant for employment by, performs services on a voluntary basis for, or acts
as an independent contractor with a government entity.
Sec. 22. Minnesota Statutes 2010, section 13.43, is amended by adding a subdivision
to read:
Subd. 7a. Employee suggestion data. Personnel data includes data submitted by
an employee to a government entity as part of an organized self-evaluation effort by the
government entity to request suggestions from all employees on ways to cut costs, make
government more efficient, or improve the operation of government. An employee who is
identified in a suggestion shall have access to all data in the suggestion except the identity
of the employee making the suggestion.
Sec. 23. Minnesota Statutes 2010, section 13.43, is amended by adding a subdivision
to read:
Subd. 19. Employee of contractor or subcontractor. The following data
maintained as a result of a contractual relationship entered on or after August 1, 2012,
between a government entity and a contractor or subcontractor are private: the personal
telephone number, home address, and e-mail address of a current or former employee
of the contractor or subcontractor. A government entity maintaining data under this
subdivision must share the data with another government entity to perform a function
authorized by law. The data must be disclosed to a government entity or any person for
prevailing wage purposes.
Sec. 24. Minnesota Statutes 2010, section 13.44, subdivision 3, is amended to read:
Subd. 3. Real property; appraisal data. (a) Confidential or protected nonpublic
data. Estimated or appraised values of individual parcels of real property that are made by
personnel of a government entity or by independent appraisers acting for a government
entity for the purpose of selling or acquiring land through purchase or condemnation are
classified as confidential data on individuals or protected nonpublic data.
(b) Private or nonpublic data. Appraised values of individual parcels of real
property that are made by appraisers working for fee owners or contract purchasers who
have received an offer to purchase their property from a government entity are classified
as private data on individuals or nonpublic data.
(c) Public data. The data made confidential or protected nonpublic under paragraph
(a) or made private or nonpublic under paragraph (b) become public upon the occurrence
of any of the following:
(1) the data are submitted to a court-appointed condemnation commissioner;
(2) the data are presented in court in condemnation proceedings; or
(3) the negotiating parties enter into an agreement for the purchase and sale of the
property.
The data made confidential or protected nonpublic under paragraph (a) also
become public at the discretion of the government entity, determined by majority vote
of the entity's governing body, or, in the case of a state agency, as determined by the
commissioner of the agency.
EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 25. Minnesota Statutes 2010, section 13.46, subdivision 2, is amended to read:
Subd. 2. General. (a)
disseminated by the welfare system
disclosed except:
(1) according to section
(2) according to court order;
(3) according to a statute specifically authorizing access to the private data;
(4) to an agent of the welfare system, including a law enforcement person, attorney,
or investigator acting for it in the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;
(5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services to
an individual or family across programs; evaluate the effectiveness of programs; assess
parental contribution amounts; and investigate suspected fraud;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the same program;
(8) to the Department of Revenue to assess parental contribution amounts for
purposes of section
programs and to identify individuals who may benefit from these programs. The following
information may be disclosed under this paragraph: an individual's and their dependent's
names, dates of birth, Social Security numbers, income, addresses, and other data as
required, upon request by the Department of Revenue. Disclosures by the commissioner
of revenue to the commissioner of human services for the purposes described in this clause
are governed by section
but are not limited to, the dependent care credit under section
working family credit under section
under section
(9) between the Department of Human Services, the Department of Employment
and Economic Development, and when applicable, the Department of Education, for
the following purposes:
(i) to monitor the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency;
(ii) to administer any rehabilitation program or child care assistance program,
whether alone or in conjunction with the welfare system;
(iii) to monitor and evaluate the Minnesota family investment program or the child
care assistance program by exchanging data on recipients and former recipients of food
support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and
(iv) to analyze public assistance employment services and program utilization,
cost, effectiveness, and outcomes as implemented under the authority established in Title
II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of
1999. Health records governed by sections
information" as defined in Code of Federal Regulations, title 45, section
governed by Code of Federal Regulations, title 45, parts 160-164, including health care
claims utilization information, must not be exchanged under this clause;
(10) to appropriate parties in connection with an emergency if knowledge of
the information is necessary to protect the health or safety of the individual or other
individuals or persons;
(11) data maintained by residential programs as defined in section
be disclosed to the protection and advocacy system established in this state according
to Part C of Public Law 98-527 to protect the legal and human rights of persons with
developmental disabilities or other related conditions who live in residential facilities for
these persons if the protection and advocacy system receives a complaint by or on behalf
of that person and the person does not have a legal guardian or the state or a designee of
the state is the legal guardian of the person;
(12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;
(13) data on a child support obligor who makes payments to the public agency
may be disclosed to the Minnesota Office of Higher Education to the extent necessary to
determine eligibility under section
(14) participant Social Security numbers and names collected by the telephone
assistance program may be disclosed to the Department of Revenue to conduct an
electronic data match with the property tax refund database to determine eligibility under
section
(15) the current address of a Minnesota family investment program participant
may be disclosed to law enforcement officers who provide the name of the participant
and notify the agency that:
(i) the participant:
(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or
(B) is violating a condition of probation or parole imposed under state or federal law;
(ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and
(iii) the request is made in writing and in the proper exercise of those duties;
(16) the current address of a recipient of general assistance or general assistance
medical care may be disclosed to probation officers and corrections agents who are
supervising the recipient and to law enforcement officers who are investigating the
recipient in connection with a felony level offense;
(17) information obtained from food support applicant or recipient households may
be disclosed to local, state, or federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the Food Stamp Act, according
to Code of Federal Regulations, title 7, section
(18) the address, Social Security number, and, if available, photograph of any
member of a household receiving food support shall be made available, on request, to a
local, state, or federal law enforcement officer if the officer furnishes the agency with the
name of the member and notifies the agency that:
(i) the member:
(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
(B) is violating a condition of probation or parole imposed under state or federal
law; or
(C) has information that is necessary for the officer to conduct an official duty related
to conduct described in subitem (A) or (B);
(ii) locating or apprehending the member is within the officer's official duties; and
(iii) the request is made in writing and in the proper exercise of the officer's official
duty;
(19) the current address of a recipient of Minnesota family investment program,
general assistance, general assistance medical care, or food support may be disclosed to
law enforcement officers who, in writing, provide the name of the recipient and notify the
agency that the recipient is a person required to register under section
residing at the address at which the recipient is registered under section
(20) certain information regarding child support obligors who are in arrears may be
made public according to section
(21) data on child support payments made by a child support obligor and data on
the distribution of those payments excluding identifying information on obligees may be
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data on the
income of the obligor or obligee may be disclosed to the other party;
(22) data in the work reporting system may be disclosed under section
subdivision 7
(23) to the Department of Education for the purpose of matching Department of
Education student data with public assistance data to determine students eligible for free
and reduced-price meals, meal supplements, and free milk according to United States
Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and
state funds that are distributed based on income of the student's family; and to verify
receipt of energy assistance for the telephone assistance plan;
(24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a local board of health as
defined in section
has reason to believe that a program recipient is a disease case, carrier, suspect case, or at
risk of illness, and the data are necessary to locate the person;
(25) to other state agencies, statewide systems, and political subdivisions of this
state, including the attorney general, and agencies of other states, interstate information
networks, federal agencies, and other entities as required by federal regulation or law for
the administration of the child support enforcement program;
(26) to personnel of public assistance programs as defined in section
access to the child support system database for the purpose of administration, including
monitoring and evaluation of those public assistance programs;
(27) to monitor and evaluate the Minnesota family investment program by
exchanging data between the Departments of Human Services and Education, on
recipients and former recipients of food support, cash assistance under chapter 256, 256D,
256J, or 256K, child care assistance under chapter 119B, or medical programs under
chapter 256B, 256D, or 256L;
(28) to evaluate child support program performance and to identify and prevent
fraud in the child support program by exchanging data between the Department of Human
Services, Department of Revenue under section
and (b), without regard to the limitation of use in paragraph (c), Department of Health,
Department of Employment and Economic Development, and other state agencies as is
reasonably necessary to perform these functions;
(29) counties operating child care assistance programs under chapter 119B may
disseminate data on program participants, applicants, and providers to the commissioner
of education; or
(30) child support data on the parents and the child may be disclosed to agencies
administering programs under titles IV-B and IV-E of the Social Security Act, as provided
by federal law. Data may be disclosed only to the extent necessary for the purpose of
establishing parentage or for determining who has or may have parental rights with respect
to a child, which could be related to permanency planning.
(b) Information on persons who have been treated for drug or alcohol abuse may
only be disclosed according to the requirements of Code of Federal Regulations, title
42, sections
(c) Data provided to law enforcement agencies under paragraph (a), clause (15),
(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section
(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but
For the purposes of this subdivision, a request will be deemed to be made in writing
if made through a computer interface system.
Sec. 26. Minnesota Statutes 2010, section 13.46, subdivision 3, is amended to read:
Subd. 3. Investigative data. (a) Data on persons, including data on vendors of
services, licensees, and applicants that is collected, maintained, used, or disseminated
by the welfare system in an investigation, authorized by statute, and relating to the
enforcement of rules or law
(1) pursuant to section
(2) pursuant to statute or valid court order;
(3) to a party named in a civil or criminal proceeding, administrative or judicial, for
preparation of defense; or
(4) to provide notices required or permitted by statute.
The data referred to in this subdivision shall be classified as public data upon
proceeding. Inactive welfare investigative data shall be treated as provided in section
(b) Notwithstanding any other provision in law, the commissioner of human services
shall provide all active and inactive investigative data, including the name of the reporter
of alleged maltreatment under section
health and developmental disabilities upon the request of the ombudsman.
Sec. 27. Minnesota Statutes 2010, section 13.46, subdivision 4, is amended to read:
Subd. 4. Licensing data. (a) As used in this subdivision:
(1) "licensing data"
by the welfare system pertaining to persons licensed or registered or who apply for
licensure or registration or who formerly were licensed or registered under the authority
of the commissioner of human services;
(2) "client" means a person who is receiving services from a licensee or from an
applicant for licensure; and
(3) "personal and personal financial data"
identity of and letters of reference, insurance information, reports from the Bureau of
Criminal Apprehension, health examination reports, and social/home studies.
(b)(1)Except as provided in paragraph (c), the following data on applicants, license
holders, and former licensees are public: name, address, telephone number of licensees,
date of receipt of a completed application, dates of licensure, licensed capacity, type of
client preferred, variances granted, record of training and education in child care and child
development, type of dwelling, name and relationship of other family members, previous
license history, class of license, the existence and status of complaints, and the number
of serious injuries to or deaths of individuals in the licensed program as reported to the
commissioner of human services, the local social services agency, or any other county
welfare agency. For purposes of this clause, a serious injury is one that is treated by a
physician.
When a correction order, an order to forfeit a fine, an order of license suspension,
an order of temporary immediate suspension, an order of license revocation, an order
of license denial, or an order of conditional license has been issued, or a complaint is
resolved, the following data on current and former licensees and applicants are public: the
substance and investigative findings of the licensing or maltreatment complaint, licensing
violation, or substantiated maltreatment; the record of informal resolution of a licensing
violation; orders of hearing; findings of fact; conclusions of law; specifications of the final
correction order, fine, suspension, temporary immediate suspension, revocation, denial, or
conditional license contained in the record of licensing action; whether a fine has been
paid; and the status of any appeal of these actions. If a licensing sanction under section
license holder or applicant is responsible for maltreatment or is disqualified under chapter
245C, the identity of the license holder or applicant as the individual responsible for
maltreatment or as the disqualified individual
of the licensing sanction or denial.
(2) Notwithstanding sections
when any person subject to disqualification under section
license to provide family day care for children, child care center services, foster care
for children in the provider's home, or foster care or day care services for adults in the
provider's home is a substantiated perpetrator of maltreatment, and the substantiated
maltreatment is a reason for a licensing action, the identity of the substantiated perpetrator
of maltreatment is public data. For purposes of this clause, a person is a substantiated
perpetrator if the maltreatment determination has been upheld under section
facility has not timely exercised appeal rights under these sections, except as provided
under clause (1).
(3) For applicants who withdraw their application prior to licensure or denial of a
license, the following data are public: the name of the applicant, the city and county in
which the applicant was seeking licensure, the dates of the commissioner's receipt of the
initial application and completed application, the type of license sought, and the date
of withdrawal of the application.
(4) For applicants who are denied a license, the following data are public: the name
and address of the applicant, the city and county in which the applicant was seeking
licensure, the dates of the commissioner's receipt of the initial application and completed
application, the type of license sought, the date of denial of the application, the nature of
the basis for the denial, the record of informal resolution of a denial, orders of hearings,
findings of fact, conclusions of law, specifications of the final order of denial, and the
status of any appeal of the denial.
(5) The following data on persons subject to disqualification under section
services, foster care for children in the provider's home, or foster care or day care services
for adults in the provider's home, are public: the nature of any disqualification set
aside under section
disqualification; the nature of any disqualification for which a variance was granted under
sections
under section
subject to a background study under section
passed a background study. If a licensing sanction under section
denial under section
disqualification under chapter 245C is disqualified, the disqualification as a basis for the
licensing sanction or denial is public data. As specified in clause (1), if the disqualified
individual is the license holder or applicant, the identity of the license holder or applicant
is public data. If the disqualified individual is an individual other than the license holder
or applicant, the identity of the disqualified individual shall remain private data.
(6) When maltreatment is substantiated under section
victim and the substantiated perpetrator are affiliated with a program licensed under
chapter 245A, the commissioner of human services, local social services agency, or
county welfare agency may inform the license holder where the maltreatment occurred of
the identity of the substantiated perpetrator and the victim.
(7) Notwithstanding clause (1), for child foster care, only the name of the license
holder and the status of the license are public if the county attorney has requested that data
otherwise classified as public data under clause (1) be considered private data based on the
best interests of a child in placement in a licensed program.
(c) The following are private data on individuals under section
12
data on family day care program and family foster care program applicants and licensees
and their family members who provide services under the license.
(d) The following are private data on individuals: the identity of persons who have
made reports concerning licensees or applicants that appear in inactive investigative data,
and the records of clients or employees of the licensee or applicant for licensure whose
records are received by the licensing agency for purposes of review or in anticipation of a
contested matter. The names of reporters of complaints or alleged violations of licensing
standards under chapters 245A, 245B, 245C, and applicable rules and alleged maltreatment
under sections
provided in section
(e) Data classified as private, confidential, nonpublic, or protected nonpublic under
this subdivision become public data if submitted to a court or administrative law judge as
part of a disciplinary proceeding in which there is a public hearing concerning a license
which has been suspended, immediately suspended, revoked, or denied.
(f) Data generated in the course of licensing investigations that relate to an alleged
violation of law are investigative data under subdivision 3.
(g) Data that are not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report as defined in section
subdivision 2
sections
(h) Upon request, not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report of substantiated maltreatment as
defined in section
for purposes of completing background studies pursuant to section
the Department of Corrections for purposes of completing background studies pursuant
to section
(i) Data on individuals collected according to licensing activities under chapters
245A and 245C, and data on individuals collected by the commissioner of human services
according to maltreatment investigations under sections
shared with the Department of Human Rights, the Department of Health, the Department
of Corrections, the ombudsman for mental health and developmental disabilities, and
the individual's professional regulatory board when there is reason to believe that laws
or standards under the jurisdiction of those agencies may have been violated. Unless
otherwise specified in this chapter, the identity of a reporter of alleged maltreatment or
licensing violations may not be disclosed.
(j) In addition to the notice of determinations required under section
subdivision 10f
that an individual is a substantiated perpetrator of maltreatment of a child based on sexual
abuse, as defined in section
services agency knows that the individual is a person responsible for a child's care in
another facility, the commissioner or local social services agency shall notify the head
of that facility of this determination. The notification must include an explanation of the
individual's available appeal rights and the status of any appeal. If a notice is given under
this paragraph, the government entity making the notification shall provide a copy of the
notice to the individual who is the subject of the notice.
(k) All not public data collected, maintained, used, or disseminated under this
subdivision and subdivision 3 may be exchanged between the Department of Human
Services, Licensing Division, and the Department of Corrections for purposes of
regulating services for which the Department of Human Services and the Department
of Corrections have regulatory authority.
Sec. 28. Minnesota Statutes 2010, section 13.46, subdivision 5, is amended to read:
Subd. 5. Medical data; contracts. Data relating to the medical, psychiatric, or
mental health of any individual, including diagnosis, progress charts, treatment received,
case histories, and opinions of health care providers, that
used, or disseminated by any agency to the welfare system is private data on individuals
and will be available to the data subject, unless the private health care provider has clearly
requested in writing that the data be withheld pursuant to sections
Data on individuals that is collected, maintained, used, or disseminated by a private health
care provider under contract to any agency of the welfare system
individuals, and
except that the provisions of section
medical data referred to in this subdivision by the individual who is the subject of the data
is subject to the provisions of sections
maintained by the public authority responsible for support enforcement and that is needed
to enforce medical support is subject to the provisions of section
Sec. 29. Minnesota Statutes 2010, section 13.46, subdivision 6, is amended to read:
Subd. 6. Other data. Data collected, used, maintained, or disseminated by the
welfare system that
except the following data:
(a) investigative data classified by section
(b) welfare investigative data classified by section
(c) security information classified by section
Sec. 30. Minnesota Statutes 2010, section 13.462, subdivision 1, is amended to read:
Subdivision 1. Definition. As used in this section, "benefit data"
individuals collected or created because an individual seeks information about becoming,
is, or was an applicant for or a recipient of benefits or services provided under various
housing, home ownership, rehabilitation and community action agency, Head Start, and
food assistance programs administered by government entities. Benefit data does not
include welfare data which shall be administered in accordance with section
Sec. 31. Minnesota Statutes 2010, section 13.47, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) "Employment and training data"
individuals collected, maintained, used, or disseminated because an individual applies for,
is currently enrolled in, or has been enrolled in employment and training programs funded
with federal, state, or local resources, including those provided under the Workforce
Investment Act of 1998, United States Code, title 29, section 2801.
(b) "Employment and training service provider" means an entity certified, or seeking
to be certified, by the commissioner of employment and economic development to
deliver employment and training services under section
organization that contracts with a certified entity or the Department of Employment and
Economic Development to deliver employment and training services.
(c) "Provider of training services" means an organization or entity that provides
training under the Workforce Investment Act of 1998, United States Code, title 29,
section 2801.
Sec. 32. Minnesota Statutes 2010, section 13.485, is amended by adding a subdivision
to read:
Subd. 5. Corporations created before May 31, 1997. Government data maintained
by a corporation created by a political subdivision before May 31, 1997, are governed by
section 465.719, subdivision 14.
Sec. 33. Minnesota Statutes 2010, section 13.485, is amended by adding a subdivision
to read:
Subd. 6. Northern Technology Initiative, Inc. Government data maintained by
Northern Technology Initiative, Inc. are classified under section 116T.02, subdivisions
7 and 8.
Sec. 34. Minnesota Statutes 2010, section 13.548, is amended to read:
13.548 SOCIAL RECREATIONAL DATA.
The following data collected and maintained by political subdivisions for the purpose
of enrolling individuals in recreational and other social programs are
data that
medical condition of the individual, family relationships and living arrangements of an
individual or which are opinions as to the emotional makeup or behavior of an individual.
Sec. 35. Minnesota Statutes 2010, section 13.585, subdivision 2, is amended to read:
Subd. 2. Confidential data. The following data on individuals maintained by the
housing agency are
as part of an active investigation undertaken for the purpose of the commencement or
defense of potential or actual litigation, including but not limited to: referrals to the Office
of the Inspector General or other prosecuting agencies for possible prosecution for fraud;
initiation of lease terminations and eviction actions; admission denial hearings concerning
prospective tenants; commencement of actions against independent contractors of the
agency; and tenant grievance hearings.
Sec. 36. Minnesota Statutes 2010, section 13.585, subdivision 3, is amended to read:
Subd. 3. Protected nonpublic data. The following data not on individuals
maintained by the housing agency are
to section
attorney containing data collected as part of an active investigation undertaken for the
purpose of the commencement or defense of potential or actual litigation, including but
not limited to, referrals to the Office of the Inspector General or other prosecuting bodies
or agencies for possible prosecution for fraud and commencement of actions against
independent contractors of the agency.
Sec. 37. Minnesota Statutes 2010, section 13.601, subdivision 3, is amended to read:
Subd. 3. Applicants for appointment. (a) Data about applicants for appointment to
a public body collected by a government entity as a result of the applicant's application for
appointment to the public body are private data on individuals except that the following
are public:
(1) name;
(2) city of residence, except when the appointment has a residency requirement that
requires the entire address to be public;
(3) education and training;
(4) employment history;
(5) volunteer work;
(6) awards and honors;
(7) prior government service;
(8) any data required to be provided or that
application for appointment to a multimember agency pursuant to section
(9) veteran status.
(b) Once an individual is appointed to a public body, the following additional items
of data are public:
(1) residential address;
(2) either a telephone number or electronic mail address where the appointee can be
reached, or both at the request of the appointee
(3) first and last dates of service on the public body;
(4) the existence and status of any complaints or charges against an appointee; and
(5) upon completion of an investigation of a complaint or charge against an
appointee, the final investigative report is public, unless access to the data would
jeopardize an active investigation.
(c) Notwithstanding paragraph (b), any electronic mail address or telephone number
provided by a public body for use by an appointee shall be public. An appointee may
use an electronic mail address or telephone number provided by the public body as the
designated electronic mail address or telephone number at which the appointee can be
reached.
Sec. 38. Minnesota Statutes 2010, section 13.635, is amended by adding a subdivision
to read:
Subd. 4a. Dependent eligibility audit. Data submitted to the commissioner of
management and budget as part of a dependent eligibility audit are classified under
section 43A.28.
EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 39. Minnesota Statutes 2010, section 13.64, is amended by adding a subdivision
to read:
Subd. 3. Unofficial fiscal notes. (a) For purposes of this subdivision, "unofficial
fiscal note" means a fiscal note requested by or on behalf of a member of the legislature
on draft language for a bill that has not been introduced.
(b) This paragraph applies if a request for an unofficial fiscal note is accompanied
by a directive from the requester that the data be classified under this paragraph.
Government data on the request, the bill draft, and the unofficial fiscal note are private
data on individuals or nonpublic data, provided that the data are accessible to, and may
be disclosed by, the requester. If the unofficial fiscal note or an updated version is
subsequently used for an introduced bill, or any legislation, including an amendment or a
proposed bill, that any member of the legislature offers for consideration by a legislative
committee, the fiscal note becomes public data.
Sec. 40. Minnesota Statutes 2010, section 13.643, subdivision 5, is amended to read:
Subd. 5. Data received from federal government. All data received by the
Department of Agriculture from the United States Department of Health and Human
Services, the Food and Drug Administration, and the Agriculture, Food Safety, and
Inspection Service that
of Agriculture's statutory food safety regulatory and enforcement duties are classified
as nonpublic data under section
under section
Department of Agriculture to appropriately inform consumers of issues that could affect
public health.
Sec. 41. Minnesota Statutes 2010, section 13.643, subdivision 7, is amended to read:
Subd. 7. Research, monitoring, or assessment data. (a) Except as provided in
paragraph (b), the following data created, collected, and maintained by the Department of
Agriculture during research, monitoring, or the assessment of farm practices and related
to natural resources, the environment, agricultural facilities, or agricultural practices are
classified as private or nonpublic:
(1) names, addresses, telephone numbers, and e-mail addresses of study participants
or cooperators; and
(2) location of research, study site, and global positioning system data.
(b) The following data
(1) location data and unique well numbers for wells and springs unless protected
under section
(2) data from samples collected from a public water supply as defined in section
(c) The Department of Agriculture may disclose data collected under paragraph (a) if
the Department of Agriculture determines that there is a substantive threat to human health
and safety or to the environment, or to aid in the law enforcement process. The Department
of Agriculture may also disclose data with written consent of the subject of the data.
Sec. 42. Minnesota Statutes 2010, section 13.6435, is amended by adding a subdivision
to read:
Subd. 13. Ethanol producer payments. Audited financial statements and notes
and disclosure statements submitted to the commissioner of agriculture regarding
ethanol producer payments pursuant to section 41A.09 are governed by section 41A.09,
subdivision 3a.
Sec. 43. Minnesota Statutes 2010, section 13.65, subdivision 1, is amended to read:
Subdivision 1. Private data. The following data created, collected and maintained
by the Office of the Attorney General are
(a) the record, including but not limited to, the transcript and exhibits of all
disciplinary proceedings held by a state agency, board or commission, except in those
instances where there is a public hearing;
(b) communications and noninvestigative files regarding administrative or policy
matters which do not evidence final public actions;
(c) consumer complaint data, other than
including consumers' complaints against businesses and follow-up investigative materials;
(d) investigative data, obtained in anticipation of, or in connection with litigation or
an administrative proceeding where the investigation is not currently active; and
(e) data collected by the Consumer Division of the Attorney General's Office in its
administration of the home protection hot line including: the name, address, and phone
number of the consumer; the name and address of the mortgage company; the total amount
of the mortgage; the amount of money needed to bring the delinquent mortgage current;
the consumer's place of employment; the consumer's total family income; and the history
of attempts made by the consumer to renegotiate a delinquent mortgage.
Sec. 44. Minnesota Statutes 2010, section 13.65, subdivision 2, is amended to read:
Subd. 2. Confidential data. The following data created, collected and maintained
by the Office of the Attorney General are
to members of the attorney general's staff where the public interest would suffer by
disclosure of the data.
Sec. 45. Minnesota Statutes 2010, section 13.65, subdivision 3, is amended to read:
Subd. 3. Public data. Data describing the final disposition of disciplinary
proceedings held by any state agency, board, or commission are
pursuant to section
Sec. 46. Minnesota Statutes 2010, section 13.679, subdivision 2, is amended to read:
Subd. 2. Utility or telephone company employee or customer. (a) The following
are private data on individuals: data collected by the commissioner of commerce or the
Public Utilities Commission, including the names or any other data that would reveal the
identity of either an employee or customer of a telephone company or public utility who
files a complaint or provides information regarding a violation or suspected violation by
the telephone company or public utility of any federal or state law or rule; except
data may be released as needed to law enforcement authorities.
(b) The following are private data on individuals: data collected by the commission
or the commissioner of commerce on individual public utility or telephone company
customers or prospective customers, including copies of tax forms, needed to administer
federal or state programs that provide relief from telephone company bills, public utility
bills, or cold weather disconnection. The determination of eligibility of the customers
or prospective customers may be released to public utilities or telephone companies to
administer the programs.
Sec. 47. Minnesota Statutes 2010, section 13.719, subdivision 1, is amended to read:
Subdivision 1. Comprehensive health insurance data. (a) The following data
on eligible persons and enrollees of the state comprehensive health insurance plan are
classified as private: all data collected or maintained by the Minnesota Comprehensive
Health Association, the writing carrier, and the Department of Commerce.
(b) The Minnesota Comprehensive Health Association is considered a state agency
for purposes of this chapter.
(c) The Minnesota Comprehensive Health Association may disclose data on eligible
persons and enrollees of the state comprehensive health insurance plan to conduct actuarial
and research studies, notwithstanding the classification of
(1) the board authorizes the disclosure;
(2) no individual may be identified in the actuarial or research report;
(3) materials allowing an individual to be identified are returned or destroyed as soon
as they are no longer needed; and
(4) the actuarial or research organization agrees not to disclose the information
unless the disclosure would be permitted under this chapter is made by the association.
Sec. 48. Minnesota Statutes 2010, section 13.719, subdivision 5, is amended to read:
Subd. 5. Data on insurance companies and township mutual companies. The
following data collected and maintained by the Department of Commerce are
(a) that portion of any of the following data which would identify the affected
insurance company or township mutual company: (1) any order issued pursuant to
section
part upon a determination or allegation by the Commerce Department or commissioner
that an insurance company or township mutual company is in an unsound, impaired, or
potentially unsound or impaired condition; or (2) any stipulation, consent agreement, letter
agreement, or similar document evidencing the settlement of any proceeding commenced
pursuant to an order of a type described in clause (1), or an agreement between the
department and an insurance company or township mutual company entered in lieu of the
issuance of an order of the type described in clause (1); and
(b) any correspondence or attachments relating to the data listed in this subdivision.
Sec. 49. Minnesota Statutes 2010, section 13.7191, subdivision 14, is amended to read:
Subd. 14. Requirements for health plan companies. (a) Minnesota Risk
Adjustment Association. Data privacy issues concerning the Minnesota Risk Adjustment
Association are governed by section
(b) Essential community provider. Data on applications for designation as an
essential community provider are classified under section
(c) Disclosure of executive compensation. Disclosure of certain data to consumer
advisory boards is governed by section
(d) Audits conducted by independent organizations. Data provided by an
independent organization related to an audit report are governed by section 62Q.37,
subdivision 8.
Sec. 50. Minnesota Statutes 2010, section 13.7191, subdivision 18, is amended to read:
Subd. 18. Workers' compensation self-insurance. (a) Self-Insurers' Advisory
Committee. Data received by the Self-Insurers' Advisory Committee from the
commissioner are classified under section
(b) Self-insurers' security fund. Disclosure of certain data received by the
self-insurers' security is governed by section
(c) Commercial self-insurers' security fund. Disclosure of certain data received by
the commercial self-insurers' security fund is governed by section
(d) Self-insurers' security fund and the board of trustees. The security fund and
its board of trustees are governed by section 79A.16.
(e) Commercial self-insurance group security fund. The commercial
self-insurance group security fund and its board of trustees are governed by section
79A.28.
Sec. 51. Minnesota Statutes 2010, section 13.72, subdivision 11, is amended to read:
Subd. 11. Design-build transportation project data. (a) This subdivision
applies to government data of the Department of Transportation when the
commissioner of transportation undertakes a design-build transportation project as defined
in section
(b) When the commissioner solicits a request for qualifications (RFQ), as defined in
section 161.3410, subdivision 9:
(1) the statement of qualifications evaluation criteria and scoring methodology,
identifying information concerning the members of the technical review committee, and
the statement of qualifications evaluations are confidential data on individuals or protected
nonpublic data; and
(2) the statement of qualifications submitted by a potential design-build firm, as
defined in section 161.3410, subdivision 4, is nonpublic data.
When the commissioner announces the short list of qualified design-build firms, the
statement of qualifications evaluation criteria and scoring methodology and the statement
of qualifications evaluations classified under clause (1) become public data.
(c) When the commissioner solicits a request for proposals (RFP), as defined in
section 161.3410, subdivision 8:
(1) the technical proposal; alternative technical concepts; preapproved elements;
price proposal; disadvantaged business enterprise and equal employment opportunity
submittal; and data used to evaluate the disadvantaged business enterprise and equal
employment opportunity submittal, are nonpublic data; and
(2) the technical proposal evaluation criteria and scoring methodology, and technical
proposal evaluations are protected nonpublic data.
(d) When the commissioner opens the price proposals under section 161.3426,
subdivision 1, paragraph (b):
(1) the technical proposal evaluation scores and the dollar amounts in the price
proposals become public data;
(2) the statement of qualifications submitted by a potential design-build firm;
the technical proposal; alternative technical concepts; preapproved elements; the
disadvantaged business enterprise and equal employment opportunity submittal; and data
used to evaluate the disadvantaged business enterprise and equal employment opportunity
submittal, remain nonpublic data until the project is awarded, with the exception of trade
secret data as defined and classified in section 13.37; and
(3) the technical proposal evaluation criteria and scoring methodology; technical
proposal evaluations, other than scores made public under clause (1); and identifying
information concerning the members of the technical review committee, remain protected
nonpublic data until the project is awarded.
(e) If all responses to a request for proposals are rejected before awarding the
project, data that do not become public under this subdivision retain their classification
until a resolicitation of the request for proposals results in award of the project or a
determination is made to abandon the project. If a resolicitation of proposals does not
occur within one year of the announcement of the short list of qualified design-build firms,
all data under this subdivision become public.
Sec. 52. Minnesota Statutes 2010, section 13.72, is amended by adding a subdivision
to read:
Subd. 17. Adopt-a-highway data. The following data on participants collected
by the Department of Transportation to administer the adopt-a-highway program are
classified as private data on individuals: home addresses, except for zip codes; home
e-mail addresses; and home telephone numbers.
Sec. 53. Minnesota Statutes 2010, section 13.7932, is amended to read:
13.7932 LOGGER SAFETY AND EDUCATION PROGRAM DATA.
The following data collected from persons who attend safety and education programs
or seminars for loggers established or approved by the commissioner under section
(1) the names of the individuals attending the program or seminar;
(2) the names of each attendee's employer;
(3) the city where the employer is located;
(4) the date the program or seminar was held; and
(5) a description of the seminar or program.
Sec. 54. Minnesota Statutes 2010, section 13.82, subdivision 2, is amended to read:
Subd. 2. Arrest data. The following data created or collected by law enforcement
agencies which
or otherwise substantially deprive an adult individual of liberty shall be public at all
times in the originating agency:
(a) time, date and place of the action;
(b) any resistance encountered by the agency;
(c) any pursuit engaged in by the agency;
(d) whether any weapons were used by the agency or other individual;
(e) the charge, arrest or search warrants, or other legal basis for the action;
(f) the identities of the agencies, units within the agencies and individual persons
taking the action;
(g) whether and where the individual is being held in custody or is being incarcerated
by the agency;
(h) the date, time and legal basis for any transfer of custody and the identity of the
agency or person who received custody;
(i) the date, time and legal basis for any release from custody or incarceration;
(j) the name, age, sex and last known address of an adult person or the age and sex
of any juvenile person cited, arrested, incarcerated or otherwise substantially deprived
of liberty;
(k) whether the agency employed wiretaps or other eavesdropping techniques, unless
the release of this specific data would jeopardize an ongoing investigation;
(l) the manner in which the agencies received the information that led to the arrest
and the names of individuals who supplied the information unless the identities of those
individuals qualify for protection under subdivision 17; and
(m) response or incident report number.
Sec. 55. Minnesota Statutes 2010, section 13.82, subdivision 3, is amended to read:
Subd. 3. Request for service data. The following data created or collected by
law enforcement agencies which
enforcement services shall be public government data:
(a) the nature of the request or the activity complained of;
(b) the name and address of the individual making the request unless the identity of
the individual qualifies for protection under subdivision 17;
(c) the time and date of the request or complaint; and
(d) the response initiated and the response or incident report number.
Sec. 56. Minnesota Statutes 2010, section 13.82, subdivision 6, is amended to read:
Subd. 6. Response or incident data. The following data created or collected by
law enforcement agencies which
for service including, but not limited to, responses to traffic accidents, or which
describe actions taken by the agency on its own initiative shall be public government data:
(a) date, time and place of the action;
(b) agencies, units of agencies and individual agency personnel participating in the
action unless the identities of agency personnel qualify for protection under subdivision 17;
(c) any resistance encountered by the agency;
(d) any pursuit engaged in by the agency;
(e) whether any weapons were used by the agency or other individuals;
(f) a brief factual reconstruction of events associated with the action;
(g) names and addresses of witnesses to the agency action or the incident unless the
identity of any witness qualifies for protection under subdivision 17;
(h) names and addresses of any victims or casualties unless the identities of those
individuals qualify for protection under subdivision 17;
(i) the name and location of the health care facility to which victims or casualties
were taken;
(j) response or incident report number;
(k) dates of birth of the parties involved in a traffic accident;
(l) whether the parties involved were wearing seat belts; and
(m) the alcohol concentration of each driver.
Sec. 57. Minnesota Statutes 2010, section 13.82, subdivision 7, is amended to read:
Subd. 7. Criminal investigative data. Except for the data defined in subdivisions
2, 3, and 6, investigative data collected or created by a law enforcement agency in order
to prepare a case against a person, whether known or unknown, for the commission of a
crime or other offense for which the agency has primary investigative responsibility
confidential or protected nonpublic while the investigation is active. Inactive investigative
data
investigation or would reveal the identity of individuals protected under subdivision 17.
Photographs which are part of inactive investigative files and which are clearly offensive
to common sensibilities are classified as private or nonpublic data, provided that the
existence of the photographs shall be disclosed to any person requesting access to the
inactive investigative file. An investigation becomes inactive upon the occurrence of any
of the following events:
(a) a decision by the agency or appropriate prosecutorial authority not to pursue
the case;
(b) expiration of the time to bring a charge or file a complaint under the applicable
statute of limitations, or 30 years after the commission of the offense, whichever comes
earliest; or
(c) exhaustion of or expiration of all rights of appeal by a person convicted on
the basis of the investigative data.
Any investigative data presented as evidence in court shall be public. Data
determined to be inactive under clause (a) may become active if the agency or appropriate
prosecutorial authority decides to renew the investigation.
During the time when an investigation is active, any person may bring an action in
the district court located in the county where the data
disclosure of investigative data. The court may order that all or part of the data relating to
a particular investigation be released to the public or to the person bringing the action. In
making the determination as to whether investigative data shall be disclosed, the court
shall consider whether the benefit to the person bringing the action or to the public
outweighs any harm to the public, to the agency or to any person identified in the data.
The data in dispute shall be examined by the court in camera.
Sec. 58. Minnesota Statutes 2010, section 13.82, is amended by adding a subdivision
to read:
Subd. 30. Inactive financial transaction investigative data. Investigative data
that become inactive under subdivision 7 that are a person's financial account number or
transaction numbers are private or nonpublic data.
Sec. 59. Minnesota Statutes 2010, section 13.83, subdivision 2, is amended to read:
Subd. 2. Public data. Unless specifically classified otherwise by state statute or
federal law, the following data created or collected by a medical examiner or coroner on
a deceased individual
address; sex; race; citizenship; height; weight; hair color; eye color; build; complexion;
age, if known, or approximate age; identifying marks, scars and amputations; a description
of the decedent's clothing; marital status; location of death including name of hospital
where applicable; name of spouse; whether or not the decedent ever served in the armed
forces of the United States; occupation; business; father's name (also birth name, if
different); mother's name (also birth name, if different); birthplace; birthplace of parents;
cause of death; causes of cause of death; whether an autopsy was performed and if so,
whether it was conclusive; date and place of injury, if applicable, including work place;
how injury occurred; whether death was caused by accident, suicide, homicide, or was
of undetermined cause; certification of attendance by physician; physician's name and
address; certification by coroner or medical examiner; name and signature of coroner
or medical examiner; type of disposition of body; burial place name and location, if
applicable; date of burial, cremation or removal; funeral home name and address; and
name of local register or funeral director.
Sec. 60. Minnesota Statutes 2010, section 13.83, subdivision 4, is amended to read:
Subd. 4. Investigative data. Data created or collected by a county coroner or
medical examiner which
any other general or local law relating to coroners or medical examiners
data or protected nonpublic data, until the completion of the coroner's or medical
examiner's final summary of findings but may be disclosed to a state or federal agency
charged by law with investigating the death of the deceased individual about whom the
medical examiner or coroner has medical examiner data. Upon completion of the coroner's
or medical examiner's final summary of findings, the data collected in the investigation
and the final summary of it are private or nonpublic data. However, if the final summary
and the record of death indicate the manner of death is homicide, undetermined, or
pending investigation and there is an active law enforcement investigation, within the
meaning of section
the data remain confidential or protected nonpublic. Upon review by the county attorney
of the jurisdiction in which the law enforcement investigation is active, the data may be
released to persons described in subdivision 8 if the county attorney determines release
would not impede the ongoing investigation. When the law enforcement investigation
becomes inactive, the data are private or nonpublic data. Nothing in this subdivision shall
be construed to make not public the data elements identified in subdivision 2 at any point
in the investigation or thereafter.
Sec. 61. Minnesota Statutes 2010, section 13.83, subdivision 6, is amended to read:
Subd. 6. Classification of other data. Unless a statute specifically provides a
different classification, all other data created or collected by a county coroner or medical
examiner that
their death
Sec. 62. Minnesota Statutes 2010, section 13.87, subdivision 2, is amended to read:
Subd. 2. Firearms data. All data pertaining to the purchase or transfer of firearms
and applications for permits to carry firearms which are collected by government entities
pursuant to sections
Sec. 63. Minnesota Statutes 2010, section 13D.015, subdivision 5, is amended to read:
Subd. 5. Notice. If telephone or another electronic means is used to conduct a
regular, special, or emergency meeting, the entity shall provide notice of the regular
meeting location, of the fact that some members may participate by electronic means, and
of the provisions of subdivision 4. The timing and method of providing notice is governed
by section
days before
Sec. 64. [13D.08] OPEN MEETING LAW CODED ELSEWHERE.
Subdivision 1. Board of Animal Health. Certain meetings of the Board of Animal
Health are governed by section 35.0661, subdivision 1.
Subd. 2. Minnesota Life and Health Guaranty Association. Meetings of the
Minnesota Life and Health Guaranty Association Board of Directors are governed by
section 61B.22.
Subd. 3. Comprehensive Health Association. Certain meetings of the
Comprehensive Health Association are governed by section 62E.10, subdivision 4.
Subd. 4. Health Technology Advisory Committee. Certain meetings of the Health
Technology Advisory Committee are governed by section 62J.156.
Subd. 5. Health Coverage Reinsurance Association. Meetings of the Health
Coverage Reinsurance Association are governed by section 62L.13, subdivision 3.
Subd. 6. Self-insurers' security fund. Meetings of the self-insurers' security fund
and its board of trustees are governed by section 79A.16.
Subd. 7. Commercial self-insurance group security fund. Meetings of the
commercial self-insurance group security fund are governed by section 79A.28.
Subd. 8. Lessard-Sams Outdoor Heritage Council. Certain meetings of the
Lessard-Sams Outdoor Heritage Council are governed by section 97A.056, subdivision 5.
Subd. 9. Enterprise Minnesota, Inc. Certain meetings of the board of directors of
Enterprise Minnesota, Inc. are governed by section 116O.03.
Subd. 10. Minnesota Business Finance, Inc. Certain meetings of Minnesota
Business Finance, Inc. are governed by section 116S.02.
Subd. 11. Northern Technology Initiative, Inc. Certain meetings of Northern
Technology Initiative, Inc. are governed by section 116T.02.
Subd. 12. Agricultural Utilization Research Institute. Certain meetings of the
Agricultural Utilization Research Institute are governed by section 116V.01, subdivision
10.
Subd. 13. Hospital authorities. Certain meetings of hospitals established under
section 144.581 are governed by section 144.581, subdivisions 4 and 5.
Subd. 14. Advisory Council on Workers' Compensation. Certain meetings of
the Advisory Council on Workers' Compensation are governed by section 175.007,
subdivision 3.
Subd. 15. Electric cooperatives. Meetings of a board of directors of an electric
cooperative that has more than 50,000 members are governed by section 308A.327.
Subd. 16. Town boards. Certain meetings of town boards are governed by section
366.01, subdivision 11.
Subd. 17. Hennepin County Medical Center and HMO. Certain meetings of the
Hennepin County Board on behalf of the HMO or Hennepin Healthcare System, Inc. are
governed by section 383B.217.
Subd. 18. Hennepin Healthcare System, Inc. Certain meetings of the Hennepin
Healthcare System, Inc. are governed by section 383B.917.
Sec. 65. Minnesota Statutes 2010, section 43A.28, is amended to read:
43A.28 ENROLLMENT.
Subdivision 1. General. The time, manner, and conditions and terms of eligibility
for enrollment of persons eligible for state paid or individual paid life insurance, hospital,
medical and dental benefits, and optional coverages authorized shall be determined and
prescribed by the commissioner according to collective bargaining agreements and plans
established pursuant to section
Subd. 2. Audit data. Data submitted to the commissioner by individuals for the
purposes of a dependent eligibility audit conducted pursuant to Laws 2011, First Special
Session chapter 10, article 3, section 40, for life insurance and hospital, medical, and
dental benefits are private data on individuals as defined in section 13.02, subdivision 12,
provided that the data may be shared with and used by an employer if necessary to pursue
any action arising out of apparent ineligibility of a dependent.
EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 66. [43A.281] LIMIT ON TERMINATION OF DEPENDENT COVERAGE.
(a) The commissioner of management and budget may not terminate the enrollment
of a dependent in the state employee group insurance program as a result of a failure to
submit documentation required under a dependent eligibility verification audit unless all
of the following have occurred:
(1) at least 30 days before the proposed termination of a dependent's coverage, the
commissioner has notified the covered plan member by mail of each type of required
documentation that has not been submitted;
(2) at least 30 days before the proposed termination of a dependent's coverage, the
commissioner has notified the covered plan member of the name, telephone number,
and e-mail address of one or more employees of the Department of Management and
Budget who the covered plan member may contact regarding the proposed termination of
the dependent's coverage;
(3) at least 30 days before the proposed termination of a dependent's coverage, the
commissioner has notified the covered plan member of how the covered plan member
may appeal a finding that a dependent is not eligible to continue in the program, and the
appeal process has been completed; and
(4) if a covered plan member has demonstrated to the commissioner's satisfaction
that it is impractical for the covered plan member to submit required documentation,
the commissioner has provided the covered plan member an alternative compliance
method that the commissioner has determined is a reasonable manner of proving eligible
dependent status, and the covered plan member has not submitted documents required
under this alternative method.
(b) This section expires on January 1, 2014.
EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 67. Minnesota Statutes 2010, section 79A.16, is amended to read:
79A.16 OPEN MEETING; ADMINISTRATIVE PROCEDURE ACT.
The security fund and its board of trustees shall not be subject to (1) the Open
Meeting Law, chapter 13D, (2) the Open Appointments Law, (3) the
Minnesota Government Data Practices Act, chapter 13, and (4) except where specifically
set forth, the Administrative Procedure Act.
The Self-Insurers' Advisory Committee shall not be subject to clauses (2) and (4).
Sec. 68. Minnesota Statutes 2010, section 79A.28, is amended to read:
79A.28 OPEN MEETING; ADMINISTRATIVE PROCEDURE ACT.
The commercial self-insurance group security fund and its board of trustees shall not
be subject to:
(1) the Open Meeting Law, chapter 13D;
(2) the Open Appointments Law;
(3) the
(4) except where specifically set forth, the Administrative Procedure Act.
Sec. 69. Minnesota Statutes 2010, section 84.0874, is amended to read:
84.0874 ELECTRONIC LICENSING SYSTEM DATA.
(a) The following data created, collected, stored, or maintained by the department
for purposes of obtaining a noncommercial game and fish license, cross-country ski pass,
horse pass, or snowmobile trail sticker; registering a recreational motor vehicle; or any
other electronic licensing transaction are private data on individuals as defined in section
may be disclosed for law enforcement purposes. The data, other than the driver's license
number, may be disclosed to a government entity and for natural resources management
purposes, including recruitment, retention, and training certification and verification.
(b) Private data on individuals under paragraph (a) may be disclosed as follows:
(1) for use by any government agency, including a court or law enforcement agency,
in carrying out its functions, or any private person or entity acting on behalf of a federal,
state, or local agency in carrying out its functions;
(2) for use in connection with matters of vehicle or operator safety and theft,
emissions, product alterations, recalls or advisories, and performance monitoring;
(3) for use in the normal course of business by a legitimate business or its agents,
employees, or contractors, in order to verify the accuracy of personal information
submitted by an individual. If the information as submitted is not correct or is no longer
correct, correct information may be obtained only for the purpose of preventing fraud
by, pursuing legal remedies against, or recovering on a debt or security interest against
the individual. If the person requesting access is acting as the agent of a lienholder, the
requestor must submit proof of a contract with the lienholder;
(4) for use in connection with any civil, criminal, administrative, or arbitration
proceedings in any federal, state, or local court or agency or before any self-regulatory
body, including service of process, investigation in anticipation of litigation, and the
execution or enforcement of judgments and orders, or pursuant to an order of a federal,
state, or local court, provided that the requestor provides a copy of the court order;
(5) for use by any insurer or insurance support organization, or by a self-insured
entity, or its agents, employees, or contractors, in connection with claims investigation
activities or antifraud activities. If the person requesting access is an agent of an insurance
company, the requestor must provide the insurance company's name;
(6) for use in providing notice to the owners of towed or impounded recreational
vehicles or watercraft. The person requesting access must provide the name, address, and
telephone number of the entity that requested that the recreational vehicle or watercraft
be towed;
(7) for use by any licensed private investigative agency or licensed security service
for any purpose permitted under this section, provided that the person provides a copy of
a valid license; or
(8) where the use is related to the physical safety or security of operators, vehicles,
pedestrians, or property.
The commissioner must not disclose data under this paragraph if the commissioner
concludes that the requester is likely to use the data for an improper purpose or other
purpose not authorized by this paragraph.
Sec. 70. Minnesota Statutes 2010, section 216C.266, is amended to read:
216C.266 DATA PRIVACY; ENERGY PROGRAMS.
Subdivision 1. Classification of application data. Data on individuals collected,
maintained, or created because an individual applies on behalf of a household for benefits
or services provided by the energy assistance and weatherization programs
data on individuals and must not be disseminated except pursuant to section
subdivisions 3 and 4
Subd. 2. Sharing energy assistance program data. The commissioner may
disseminate to the commissioner of human services the name, telephone number, and last
four digits of the Social Security number of any individual who applies on behalf of
a household for benefits or services provided by the energy assistance program if the
household is determined to be eligible for the energy assistance program.
Subd. 3. Use of shared data. Data disseminated to the commissioner of human
services under subdivision 2 may be disclosed to a person other than the subject of the data
only for the purpose of determining a household's eligibility for the telephone assistance
program pursuant to section 13.46, subdivision 2, clause (23).
Subd. 4. Additional use of energy assistance program data. The commissioner
may use the name, telephone number, and last four digits of the Social Security number of
any individual who applies on behalf of a household for benefits or services provided by
the energy assistance program for the purpose of determining whether the household is
eligible for the telephone assistance program if the household is determined to be eligible
for the energy assistance program.
EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 71. Minnesota Statutes 2010, section 237.701, subdivision 1, is amended to read:
Subdivision 1. Fund created; authorized expenditures. The telephone assistance
fund is created as a separate account in the state treasury to consist of amounts received
by the commissioner of public safety representing the surcharge authorized by section
used only for:
(1) reimbursement to local service providers for expenses and credits allowed in
section
(2) reimbursement of the reasonable administrative expenses of the commission,
a portion of which may be used for periodic promotional activities, including, but not
limited to, radio or newspaper advertisements, to inform eligible households of the
availability of the telephone assistance program;
(3) reimbursement of the statewide indirect cost of the commission; and
(4) reimbursement of the reasonable expenses of the commissioner of commerce and
the commissioner of human services for administering section 216C.266, subdivisions
2 and 4.
EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 72. REPEALER.
(a) Minnesota Statutes 2010, section 13.05, subdivisions 1, 2, and 8, are repealed.
(b) Minnesota Statutes 2010, sections 13.4967, subdivision 6a; and 298.22,
subdivision 12, are repealed retroactively from the date of their final enactment.
