Bill Text: MN SF643 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Preprobation and postprobation employment offender tracking data use
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2013-03-13 - Second reading [SF643 Detail]
Download: Minnesota-2013-SF643-Introduced.html
1.2relating to corrections; allowing Department of Corrections to access data to
1.3track employment of offenders sentenced to probation for the purpose of case
1.4planning;amending Minnesota Statutes 2012, section 268.19, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 268.19, subdivision 1, is amended to read:
1.7 Subdivision 1. Use of data. (a) Except as provided by this section, data gathered
1.8from any person under the administration of the Minnesota Unemployment Insurance Law
1.9are private data on individuals or nonpublic data not on individuals as defined in section
1.1013.02
, subdivisions 9 and 12, and may not be disclosed except according to a district court
1.11order or section13.05 . A subpoena is not considered a district court order. These data
1.12may be disseminated to and used by the following agencies without the consent of the
1.13subject of the data:
1.14 (1) state and federal agencies specifically authorized access to the data by state
1.15or federal law;
1.16 (2) any agency of any other state or any federal agency charged with the
1.17administration of an unemployment insurance program;
1.18 (3) any agency responsible for the maintenance of a system of public employment
1.19offices for the purpose of assisting individuals in obtaining employment;
1.20 (4) the public authority responsible for child support in Minnesota or any other
1.21state in accordance with section256.978 ;
1.22 (5) human rights agencies within Minnesota that have enforcement powers;
1.23 (6) the Department of Revenue to the extent necessary for its duties under Minnesota
1.24laws;
2.1 (7) public and private agencies responsible for administering publicly financed
2.2assistance programs for the purpose of monitoring the eligibility of the program's recipients;
2.3 (8) the Department of Labor and Industry and the Division of Insurance Fraud
2.4Prevention in the Department of Commerce for uses consistent with the administration of
2.5their duties under Minnesota law;
2.6 (9) local and state welfare agencies for monitoring the eligibility of the data subject
2.7for assistance programs, or for any employment or training program administered by those
2.8agencies, whether alone, in combination with another welfare agency, or in conjunction
2.9with the department or to monitor and evaluate the statewide Minnesota family investment
2.10program by providing data on recipients and former recipients of food stamps or food
2.11support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
2.12under chapter 119B, or medical programs under chapter 256B, 256D, or 256L;
2.13 (10) local and state welfare agencies for the purpose of identifying employment,
2.14wages, and other information to assist in the collection of an overpayment debt in an
2.15assistance program;
2.16 (11) local, state, and federal law enforcement agencies for the purpose of ascertaining
2.17the last known address and employment location of an individual who is the subject of
2.18a criminal investigation;
2.19 (12) the United States Immigration and Customs Enforcement has access to data on
2.20specific individuals and specific employers provided the specific individual or specific
2.21employer is the subject of an investigation by that agency;
2.22 (13) the Department of Health for the purposes of epidemiologic investigations;
2.23 (14) the Department of Corrections for the purpose of case planning for preprobation
2.24and postprobation employment tracking of offenders sentenced to probation and
2.25preconfinement and postconfinement employment tracking of committed offendersfor
2.26the purpose of case planning; and
2.27 (15) the state auditor to the extent necessary to conduct audits of job opportunity
2.28building zones as required under section469.3201 .
2.29 (b) Data on individuals and employers that are collected, maintained, or used by
2.30the department in an investigation under section268.182 are confidential as to data
2.31on individuals and protected nonpublic data not on individuals as defined in section
2.3213.02
, subdivisions 3 and 13, and must not be disclosed except under statute or district
2.33court order or to a party named in a criminal proceeding, administrative or judicial, for
2.34preparation of a defense.
2.35 (c) Data gathered by the department in the administration of the Minnesota
2.36unemployment insurance program must not be made the subject or the basis for any
3.1suit in any civil proceedings, administrative or judicial, unless the action is initiated by
3.2the department.
1.3track employment of offenders sentenced to probation for the purpose of case
1.4planning;amending Minnesota Statutes 2012, section 268.19, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 268.19, subdivision 1, is amended to read:
1.7 Subdivision 1. Use of data. (a) Except as provided by this section, data gathered
1.8from any person under the administration of the Minnesota Unemployment Insurance Law
1.9are private data on individuals or nonpublic data not on individuals as defined in section
1.11order or section
1.12may be disseminated to and used by the following agencies without the consent of the
1.13subject of the data:
1.14 (1) state and federal agencies specifically authorized access to the data by state
1.15or federal law;
1.16 (2) any agency of any other state or any federal agency charged with the
1.17administration of an unemployment insurance program;
1.18 (3) any agency responsible for the maintenance of a system of public employment
1.19offices for the purpose of assisting individuals in obtaining employment;
1.20 (4) the public authority responsible for child support in Minnesota or any other
1.21state in accordance with section
1.22 (5) human rights agencies within Minnesota that have enforcement powers;
1.23 (6) the Department of Revenue to the extent necessary for its duties under Minnesota
1.24laws;
2.1 (7) public and private agencies responsible for administering publicly financed
2.2assistance programs for the purpose of monitoring the eligibility of the program's recipients;
2.3 (8) the Department of Labor and Industry and the Division of Insurance Fraud
2.4Prevention in the Department of Commerce for uses consistent with the administration of
2.5their duties under Minnesota law;
2.6 (9) local and state welfare agencies for monitoring the eligibility of the data subject
2.7for assistance programs, or for any employment or training program administered by those
2.8agencies, whether alone, in combination with another welfare agency, or in conjunction
2.9with the department or to monitor and evaluate the statewide Minnesota family investment
2.10program by providing data on recipients and former recipients of food stamps or food
2.11support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
2.12under chapter 119B, or medical programs under chapter 256B, 256D, or 256L;
2.13 (10) local and state welfare agencies for the purpose of identifying employment,
2.14wages, and other information to assist in the collection of an overpayment debt in an
2.15assistance program;
2.16 (11) local, state, and federal law enforcement agencies for the purpose of ascertaining
2.17the last known address and employment location of an individual who is the subject of
2.18a criminal investigation;
2.19 (12) the United States Immigration and Customs Enforcement has access to data on
2.20specific individuals and specific employers provided the specific individual or specific
2.21employer is the subject of an investigation by that agency;
2.22 (13) the Department of Health for the purposes of epidemiologic investigations;
2.23 (14) the Department of Corrections for the purpose of case planning for preprobation
2.24and postprobation employment tracking of offenders sentenced to probation and
2.25preconfinement and postconfinement employment tracking of committed offenders
2.26
2.27 (15) the state auditor to the extent necessary to conduct audits of job opportunity
2.28building zones as required under section
2.29 (b) Data on individuals and employers that are collected, maintained, or used by
2.30the department in an investigation under section
2.31on individuals and protected nonpublic data not on individuals as defined in section
2.33court order or to a party named in a criminal proceeding, administrative or judicial, for
2.34preparation of a defense.
2.35 (c) Data gathered by the department in the administration of the Minnesota
2.36unemployment insurance program must not be made the subject or the basis for any
3.1suit in any civil proceedings, administrative or judicial, unless the action is initiated by
3.2the department.
