SF 745

CCR--SF0745 - 88th Legislature (2013 - 2014)

Posted on 05/13/2013 01:27 p.m.

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 745 1.2A bill for an act 1.3relating to state government; classifying or modifying certain provisions 1.4concerning data practices; requiring informed consent; amending definitions; 1.5allowing disclosure of certain data; allowing access to certain records; making 1.6technical changes; modifying certain provisions regarding transportation and 1.7health data; modifying certain provisions regarding criminal history records, 1.8criminal background checks, and other criminal justice data provisions; extending 1.9for six years the sunset provision for the newborn screening advisory committee; 1.10providing for accreditation of forensic laboratories; repealing the McGruff safe 1.11house program;amending Minnesota Statutes 2012, sections 13.37, subdivision 1.121; 13.386, subdivision 3; 13.43, subdivisions 2, 14; 13.64, subdivision 2; 13.72, 1.13subdivision 10, by adding subdivisions; 144.966, subdivisions 2, 3, 4, by adding 1.14subdivisions; 171.07, subdivision 1a; 171.12, subdivision 7; 241.065, subdivision 1.154; 268.19, subdivision 1; 299C.11, subdivision 1; 299C.46, subdivisions 1, 2, 2a, 1.163; 299F.035, subdivisions 1, 2; 299F.77; 340A.301, subdivision 2; 340A.402; 1.17611.272; 626.556, subdivision 7; proposing coding for new law in Minnesota 1.18Statutes, chapters 13; 144; 299C; repealing Minnesota Statutes 2012, section 1.19299A.28. 1.20May 9, 2013 1.21The Honorable Sandra L. Pappas 1.22President of the Senate 1.23The Honorable Paul Thissen 1.24Speaker of the House of Representatives 1.25We, the undersigned conferees for S.F. No. 745 report that we have agreed upon the 1.26items in dispute and recommend as follows: 1.27That the House recede from its amendments and that S.F. No. 745 be further 1.28amended as follows: 1.29Delete everything after the enacting clause and insert: 1.30    "Section 1. new text begin [13.356] PERSONAL CONTACT AND ONLINE ACCOUNT new text end 1.31 new text begin INFORMATION. new text end 1.32 new text begin (a) The following data on an individual collected, maintained, or received by new text end 1.33 new text begin a government entity for notification purposes or as part of a subscription list for an new text end 2.1 new text begin entity's electronic periodic publications as requested by the individual are private data new text end 2.2 new text begin on individuals: new text end 2.3 new text begin (1) telephone number; new text end 2.4 new text begin (2) e-mail address; and new text end 2.5 new text begin (3) Internet user name, password, Internet protocol address, and any other similar new text end 2.6 new text begin data related to the individual's online account or access procedures. new text end 2.7 new text begin (b) Section 13.04, subdivision 2, does not apply to data classified under paragraph (a). new text end 2.8 new text begin Paragraph (a) does not apply to data submitted by an individual to the Campaign Finance new text end 2.9 new text begin Board to meet the legal requirements imposed by chapter 10A, to data submitted for new text end 2.10 new text begin purposes of making a public comment, or to data in a state agency's rulemaking e-mail list. new text end 2.11 new text begin (c) Data provided under paragraph (a) may only be used for the specific purpose new text end 2.12 new text begin for which the individual provided the data. new text end 2.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 2.14 new text begin and applies to data collected, maintained, or received before, on, or after that date. new text end 2.15    Sec. 2. Minnesota Statutes 2012, section 13.37, subdivision 1, is amended to read: 2.16    Subdivision 1. Definitions. As used in this section, the following terms have the 2.17meanings given them. 2.18(a) "Security information" means government data the disclosure of which the 2.19responsible authority determines would be likely to substantially jeopardize the security of 2.20information, possessions, individuals or property against theft, tampering, improper use, 2.21attempted escape, illegal disclosure, trespass, or physical injury. "Security information" 2.22includes crime prevention block maps and lists of volunteers who participate in community 2.23crime prevention programs and their home new text begin and mailing new text end addresses and new text begin , new text end telephone numbers new text begin , new text end 2.24 new text begin e-mail or other digital addresses, Internet communication services accounts information or new text end 2.25 new text begin similar accounts information, and global positioning system locations new text end . 2.26(b) "Trade secret information" means government data, including a formula, pattern, 2.27compilation, program, device, method, technique or process (1) that was supplied by the 2.28affected individual or organization, (2) that is the subject of efforts by the individual or 2.29organization that are reasonable under the circumstances to maintain its secrecy, and (3) 2.30that derives independent economic value, actual or potential, from not being generally 2.31known to, and not being readily ascertainable by proper means by, other persons who can 2.32obtain economic value from its disclosure or use. 2.33(c) "Labor relations information" means management positions on economic and 2.34noneconomic items that have not been presented during the collective bargaining process 3.1or interest arbitration, including information specifically collected or created to prepare 3.2the management position. 3.3(d) "Parking space leasing data" means the following government data on an 3.4applicant for, or lessee of, a parking space: residence address, home telephone number, 3.5beginning and ending work hours, place of employment, work telephone number, and 3.6location of the parking space. 3.7    Sec. 3. Minnesota Statutes 2012, section 13.386, subdivision 3, is amended to read: 3.8    Subd. 3. Collection, storage, use, and dissemination of genetic information. new text begin (a) new text end 3.9Unless otherwise expressly provided by law, genetic information about an individual: 3.10(1) may be collected by a government entity, as defined in section 13.02, subdivision 3.117a, or any other person only with the written informed consent of the individual; 3.12(2) may be used only for purposes to which the individual has given written 3.13informed consent; 3.14(3) may be stored only for a period of time to which the individual has given written 3.15informed consent; and 3.16(4) may be disseminated only: 3.17(i) with the individual's written informed consent; or 3.18(ii) if necessary in order to accomplish purposes described by clause (2). A consent 3.19to disseminate genetic information under item (i) must be signed and dated. Unless 3.20otherwise provided by law, such a consent is valid for one year or for a lesser period 3.21specified in the consent. 3.22 new text begin (b) Newborn screening activities conducted under sections 144.125 to 144.128 are new text end 3.23 new text begin subject to paragraph (a). Other programs and activities governed under section 144.192 new text end 3.24 new text begin are not subject to paragraph (a). new text end 3.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2013. new text end 3.26    Sec. 4. Minnesota Statutes 2012, section 13.43, subdivision 2, is amended to read: 3.27    Subd. 2. Public data. (a) Except for employees described in subdivision 5 and 3.28subject to the limitations described in subdivision 5a, the following personnel data on 3.29current and former employees, volunteers, and independent contractors of a government 3.30entity is public: 3.31    (1) name; employee identification number, which must not be the employee's Social 3.32Security number; actual gross salary; salary range; terms and conditions of employment 3.33relationship; contract fees; actual gross pension; the value and nature of employer paid 4.1fringe benefits; and the basis for and the amount of any added remuneration, including 4.2expense reimbursement, in addition to salary; 4.3    (2) job title and bargaining unit; job description; education and training background; 4.4and previous work experience; 4.5    (3) date of first and last employment; 4.6    (4) the existence and status of any complaints or charges against the employee, 4.7regardless of whether the complaint or charge resulted in a disciplinary action; 4.8    (5) the final disposition of any disciplinary action together with the specific reasons 4.9for the action and data documenting the basis of the action, excluding data that would 4.10identify confidential sources who are employees of the public body; 4.11    (6) the complete terms of any agreement settling any dispute arising out of an 4.12employment relationship, including a buyout agreement as defined in section 123B.143, 4.13subdivision 2 , paragraph (a); except that the agreement must include specific reasons for 4.14the agreement if it involves the payment of more than $10,000 of public money; 4.15    (7) work location; a work telephone number; badge number; work-related continuing 4.16education; and honors and awards received; and 4.17    (8) payroll time sheets or other comparable data that are only used to account for 4.18employee's work time for payroll purposes, except to the extent that release of time sheet 4.19data would reveal the employee's reasons for the use of sick or other medical leave 4.20or other not public data. 4.21    (b) For purposes of this subdivision, a final disposition occurs when the government 4.22entity makes its final decision about the disciplinary action, regardless of the possibility of 4.23any later proceedings or court proceedings. Final disposition includes a resignation by an 4.24individual when the resignation occurs after the final decision of the government entity, 4.25or arbitrator. In the case of arbitration proceedings arising under collective bargaining 4.26agreements, a final disposition occurs at the conclusion of the arbitration proceedings, 4.27or upon the failure of the employee to elect arbitration within the time provided by the 4.28collective bargaining agreement. A disciplinary action does not become public data if an 4.29arbitrator sustains a grievance and reverses all aspects of any disciplinary action. 4.30    (c) The government entity may display a photograph of a current or former employee 4.31to a prospective witness as part of the government entity's investigation of any complaint 4.32or charge against the employee. 4.33    (d) A complainant has access to a statement provided by the complainant to a 4.34government entity in connection with a complaint or charge against an employee. 4.35    (e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon 4.36completion of an investigation of a complaint or charge against a public official, or if a 5.1public official resigns or is terminated from employment while the complaint or charge is 5.2pending, all data relating to the complaint or charge are public, unless access to the data 5.3would jeopardize an active investigation or reveal confidential sources. For purposes 5.4of this paragraph, "public official" means: 5.5    (1) the head of a state agency and deputy and assistant state agency heads; 5.6    (2) members of boards or commissions required by law to be appointed by the 5.7governor or other elective officers; 5.8    (3) executive or administrative heads of departments, bureaus, divisions, or 5.9institutions within state government; and 5.10(4) the following employees: 5.11(i) the chief administrative officer, or the individual acting in an equivalent position, 5.12in all political subdivisions; 5.13(ii) individuals required to be identified by a political subdivision pursuant to section 5.14471.701 ; 5.15(iii) in a city with a population of more than 7,500 or a county with a population 5.16of more than 5,000, individuals in a management capacity reporting directly to the chief 5.17administrative officer or the individual acting in an equivalent position new text begin : managers; chiefs; new text end 5.18 new text begin heads or directors of departments, divisions, bureaus, or boards; and any equivalent new text end 5.19 new text begin position new text end ; and 5.20(iv) in a school district, new text begin : new text end business managers, new text begin ; new text end human resource directors, and new text begin ; athletic new text end 5.21 new text begin directors whose duties include at least 50 percent of their time spent in administration, new text end 5.22 new text begin personnel, supervision, and evaluation; chief financial officers; directors; new text end individuals 5.23defined as superintendents, new text begin and new text end principals, and directors under Minnesota Rules, part 5.243512.0100; and in a charter school, individuals employed in comparable positions. 5.25(f) Data relating to a complaint or charge against an employee identified under 5.26paragraph (e), clause (4), are public only if: 5.27(1) the complaint or charge results in disciplinary action or the employee resigns or 5.28is terminated from employment while the complaint or charge is pending; or 5.29(2) potential legal claims arising out of the conduct that is the subject of the 5.30complaint or charge are released as part of a settlement agreement with another person. 5.31This paragraph and paragraph (e) do not authorize the release of data that are made 5.32not public under other law. 5.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 5.34    Sec. 5. Minnesota Statutes 2012, section 13.43, subdivision 14, is amended to read: 6.1    Subd. 14. Maltreatment data. new text begin (a) new text end When a report of alleged maltreatment of a 6.2student in a school facility, as defined in section 626.556, subdivision 2, paragraph (f), is 6.3made to the commissioner of education under section 626.556, data that are relevant to a 6.4report of maltreatment and are collected by the school facility about the person alleged to 6.5have committed maltreatment must be provided to the commissioner of education upon 6.6request for purposes of an assessment or investigation of the maltreatment report. Data 6.7received by the commissioner of education pursuant to these assessments or investigations 6.8are classified under section 626.556. 6.9 new text begin (b) Personnel data may be released for purposes of providing information to a parent, new text end 6.10 new text begin legal guardian, or custodian of a child under section 626.556, subdivision 7. new text end 6.11    Sec. 6. Minnesota Statutes 2012, section 13.4965, subdivision 3, is amended to read: 6.12    Subd. 3. Homestead new text begin and other new text end applications. The classification and disclosure 6.13of certain information collected to determine new text begin eligibility of property for a new text end homestead new text begin or new text end 6.14 new text begin other new text end classification new text begin or benefit new text end are governed by section new text begin sections new text end 273.124, subdivision 6.15 new text begin subdivisions new text end 13 new text begin , 13a, 13b, 13c, and 13d; 273.1245; and 273.1315 new text end . 6.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 6.17    Sec. 7. Minnesota Statutes 2012, section 13.64, subdivision 2, is amended to read: 6.18    Subd. 2. Department of Administration. new text begin (a) new text end Security features of building 6.19plans, building specifications, and building drawings of state-owned facilities and 6.20non-state-owned facilities leased by the state are classified as nonpublic data when 6.21maintained by the Department of Administration and may be shared with anyone as 6.22needed to perform duties of the commissioner. 6.23 new text begin (b) Data maintained by the Department of Administration that identify an individual new text end 6.24 new text begin with a disability or a family member of an individual with a disability related to services new text end 6.25 new text begin funded by the federal Assistive Technology Act, United States Code, title 29, sections new text end 6.26 new text begin 3001 to 3007, for assistive technology device demonstrations, transition training, loans, new text end 6.27 new text begin reuse, or alternative financing are private data on individuals. new text end 6.28    Sec. 8. Minnesota Statutes 2012, section 13.72, subdivision 10, is amended to read: 6.29    Subd. 10. Transportation service data. Personal, medical, financial, familial, or 6.30locational information data pertaining to applicants for or users of services providing 6.31transportation for the disabled or elderly, with the exception of the name of the applicant 6.32or user of the service, are private. 7.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 7.2    Sec. 9. Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision to 7.3read: 7.4     new text begin Subd. 19. new text end new text begin Construction manager/general contractor data. new text end new text begin (a) When the new text end 7.5 new text begin Department of Transportation undertakes a construction manager/general contractor new text end 7.6 new text begin contract, as defined and authorized in sections 161.3207 to 161.3209, the provisions new text end 7.7 new text begin of this subdivision apply. new text end 7.8 new text begin (b) When the commissioner of transportation solicits a request for qualifications: new text end 7.9 new text begin (1) the following data are classified as protected nonpublic: new text end 7.10 new text begin (i) the statement of qualifications scoring evaluation manual; and new text end 7.11 new text begin (ii) the statement of qualifications evaluations; new text end 7.12 new text begin (2) the statement of qualifications submitted by a potential construction new text end 7.13 new text begin manager/general contractor is classified as nonpublic data; and new text end 7.14 new text begin (3) identifying information concerning the members of the Technical Review new text end 7.15 new text begin Committee is classified as private data. new text end 7.16 new text begin (c) When the commissioner of transportation announces the short list of qualified new text end 7.17 new text begin construction managers/general contractors, the following data become public: new text end 7.18 new text begin (1) the statement of qualifications scoring evaluation manual; and new text end 7.19 new text begin (2) the statement of qualifications evaluations. new text end 7.20 new text begin (d) When the commissioner of transportation solicits a request for proposals: new text end 7.21 new text begin (1) the proposal scoring manual is classified as protected nonpublic data; and new text end 7.22 new text begin (2) the following data are classified as nonpublic data: new text end 7.23 new text begin (i) the proposals submitted by a potential construction manager/general contractor; new text end 7.24 new text begin and new text end 7.25 new text begin (ii) the proposal evaluations. new text end 7.26 new text begin (e) When the commissioner of transportation has completed the ranking of proposals new text end 7.27 new text begin and announces the selected construction manager/general contractor, the proposal new text end 7.28 new text begin evaluation score or rank and proposal evaluations become public data. new text end 7.29 new text begin (f) When the commissioner of transportation conducts contract negotiations new text end 7.30 new text begin with a construction manager/general contractor, government data created, collected, new text end 7.31 new text begin stored, and maintained during those negotiations are nonpublic data until a construction new text end 7.32 new text begin manager/general contractor contract is fully executed. new text end 7.33 new text begin (g) When the construction manager/general contractor contract is fully executed or new text end 7.34 new text begin when the commissioner of transportation decides to use another contract procurement new text end 7.35 new text begin process, other than the construction manager/general contractor authority, authorized new text end 8.1 new text begin under section 161.3209, subdivision 3, paragraph (b), all remaining data not already made new text end 8.2 new text begin public under this subdivision become public. new text end 8.3 new text begin (h) If the commissioner of transportation rejects all responses to a request for new text end 8.4 new text begin proposals before a construction manager/general contractor contract is fully executed, all new text end 8.5 new text begin data, other than that data made public under this subdivision, retains its classification new text end 8.6 new text begin until a resolicitation of the request for proposals results in a fully executed construction new text end 8.7 new text begin manager/general contractor contract or a determination is made to abandon the project. If new text end 8.8 new text begin a resolicitation of proposals does not occur within one year of the announcement of the new text end 8.9 new text begin request for proposals, the remaining data become public. new text end 8.10    Sec. 10. Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision 8.11to read: 8.12     new text begin Subd. 20. new text end new text begin Transit customer data. new text end new text begin (a) Data on applicants, users, and customers new text end 8.13 new text begin of public transit collected by or through the Metropolitan Council's personalized Web new text end 8.14 new text begin services or the regional fare collection system are private data on individuals. As used in new text end 8.15 new text begin this subdivision, the following terms have the meanings given them: new text end 8.16 new text begin (1) "regional fare collection system" means the fare collection system created and new text end 8.17 new text begin administered by the council that is used for collecting fares or providing fare cards or new text end 8.18 new text begin passes for transit services which includes: new text end 8.19 new text begin (i) regular route bus service within the metropolitan area and paratransit service, new text end 8.20 new text begin whether provided by the council or by other providers of regional transit service; new text end 8.21 new text begin (ii) light rail transit service within the metropolitan area; new text end 8.22 new text begin (iii) rideshare programs administered by the council; new text end 8.23 new text begin (iv) special transportation services provided under section 473.386; and new text end 8.24 new text begin (v) commuter rail service; new text end 8.25 new text begin (2) "personalized Web services" means services for which transit service applicants, new text end 8.26 new text begin users, and customers must establish a user account; and new text end 8.27 new text begin (3) "metropolitan area" means the area defined in section 473.121, subdivision 2. new text end 8.28 new text begin (b) The council may disseminate data on user and customer transaction history new text end 8.29 new text begin and fare card use to government entities, organizations, school districts, educational new text end 8.30 new text begin institutions, and employers that subsidize or provide fare cards to their clients, students, or new text end 8.31 new text begin employees. "Data on user and customer transaction history and fare card use" means: new text end 8.32 new text begin (1) the date a fare card was used; new text end 8.33 new text begin (2) the time a fare card was used; new text end 8.34 new text begin (3) the mode of travel; new text end 8.35 new text begin (4) the type of fare product used; and new text end 9.1 new text begin (5) information about the date, time, and type of fare product purchased. new text end 9.2 new text begin Government entities, organizations, school districts, educational institutions, and new text end 9.3 new text begin employers may use customer transaction history and fare card use data only for purposes new text end 9.4 new text begin of measuring and promoting fare card use and evaluating the cost-effectiveness of their new text end 9.5 new text begin fare card programs. If a user or customer requests in writing that the council limit the new text end 9.6 new text begin disclosure of transaction history and fare card use, the council may disclose only the card new text end 9.7 new text begin balance and the date a card was last used. new text end 9.8 new text begin (c) The council may disseminate transit service applicant, user, and customer data new text end 9.9 new text begin to another government entity to prevent unlawful intrusion into government electronic new text end 9.10 new text begin systems, or as otherwise provided by law. new text end 9.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 9.12    Sec. 11. new text begin [144.192] TREATMENT OF BIOLOGICAL SPECIMENS AND new text end 9.13 new text begin HEALTH DATA HELD BY THE DEPARTMENT OF HEALTH AND HEALTH new text end 9.14 new text begin BOARDS. new text end 9.15     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For purposes of this section, the following terms new text end 9.16 new text begin have the meanings given. new text end 9.17 new text begin (b) "Biological specimen" means tissue, fluids, excretions, or secretions that contain new text end 9.18 new text begin human DNA originating from an identifiable individual, either living or deceased. new text end 9.19 new text begin Biological specimen does not include infectious agents or chemicals that are isolated from a new text end 9.20 new text begin specimen. Nothing in this section or section 13.386 is intended to limit the commissioner's new text end 9.21 new text begin ability to collect, use, store, or disseminate such isolated infectious agents or chemicals. new text end 9.22 new text begin (c) "Health data" has the meaning given in section 13.3805, subdivision 1, paragraph new text end 9.23 new text begin (a), clause (2). new text end 9.24 new text begin (d) "Health oversight" means oversight of the health care system for activities new text end 9.25 new text begin authorized by law, limited to the following: new text end 9.26 new text begin (1) audits; new text end 9.27 new text begin (2) civil, administrative, or criminal investigations; new text end 9.28 new text begin (3) inspections; new text end 9.29 new text begin (4) licensure or disciplinary actions; new text end 9.30 new text begin (5) civil, administrative, or criminal proceedings or actions; and new text end 9.31 new text begin (6) other activities necessary for appropriate oversight of the health care system and new text end 9.32 new text begin persons subject to such governmental regulatory programs for which biological specimens new text end 9.33 new text begin or health data are necessary for determining compliance with program standards. new text end 9.34 new text begin (e) "Individual" has the meaning given in section 13.02, subdivision 8. In addition, new text end 9.35 new text begin for a deceased individual, individual also means the representative of the decedent. new text end 10.1 new text begin (f) "Person" has the meaning given in section 13.02, subdivision 10. new text end 10.2 new text begin (g) "Program operations" means actions, testing, and procedures directly related to new text end 10.3 new text begin the operation of department programs, limited to the following: new text end 10.4 new text begin (1) diagnostic and confirmatory testing; new text end 10.5 new text begin (2) laboratory quality control assurance and improvement; new text end 10.6 new text begin (3) calibration of equipment; new text end 10.7 new text begin (4) evaluation and improvement of test accuracy; new text end 10.8 new text begin (5) method development and validation; new text end 10.9 new text begin (6) compliance with regulatory requirements; and new text end 10.10 new text begin (7) continuity of operations to ensure that testing continues in the event of an new text end 10.11 new text begin emergency. new text end 10.12 new text begin (h) "Public health practice" means actions related to disease, conditions, injuries, new text end 10.13 new text begin risk factors, or exposures taken to protect public health, limited to the following: new text end 10.14 new text begin (1) monitoring the health status of a population; new text end 10.15 new text begin (2) investigating occurrences and outbreaks; new text end 10.16 new text begin (3) comparing patterns and trends; new text end 10.17 new text begin (4) implementing prevention and control measures; new text end 10.18 new text begin (5) conducting program evaluations and making program improvements; new text end 10.19 new text begin (6) making recommendations concerning health for a population; new text end 10.20 new text begin (7) preventing or controlling known or suspected diseases and injuries; and new text end 10.21 new text begin (8) conducting other activities necessary to protect or improve the health of new text end 10.22 new text begin individuals and populations for which biological specimens or health data are necessary. new text end 10.23 new text begin (i) "Representative of the decedent" has the meaning given in section 13.10, new text end 10.24 new text begin subdivision 1, paragraph (c). new text end 10.25 new text begin (j) "Research" means activities that are not program operations, public health new text end 10.26 new text begin practice, or health oversight and is otherwise defined in Code of Federal Regulations, title new text end 10.27 new text begin 45, part 46, subpart A, section 46.102(d). new text end 10.28     new text begin Subd. 2. new text end new text begin Collection, use, storage, and dissemination. new text end new text begin (a) The commissioner may new text end 10.29 new text begin collect, use, store, and disseminate biological specimens and health data, genetic or other, new text end 10.30 new text begin as provided in this section and as authorized under any other provision of applicable law, new text end 10.31 new text begin including any rules adopted on or before June 30, 2013. Any rules adopted after June 30, new text end 10.32 new text begin 2013, must be consistent with the requirements of this section. new text end 10.33 new text begin (b) The provisions in this section supplement other provisions of law and do not new text end 10.34 new text begin supersede or repeal other provisions of law applying to the collection, use, storage, or new text end 10.35 new text begin dissemination of biological specimens or health data. new text end 11.1 new text begin (c) For purposes of this section, genetic information is limited to biological new text end 11.2 new text begin specimens and health data. new text end 11.3     new text begin Subd. 3. new text end new text begin Biological specimens and health data for program operations, public new text end 11.4 new text begin health practice, and health oversight. new text end new text begin (a) The commissioner may collect, use, store, and new text end 11.5 new text begin disseminate biological specimens and health data to conduct program operations activities, new text end 11.6 new text begin public health practice activities, and health oversight activities. Unless required under new text end 11.7 new text begin other applicable law, consent of an individual is not required under this subdivision. new text end 11.8 new text begin (b) With the approval of the commissioner, biological specimens may be new text end 11.9 new text begin disseminated to establish a diagnosis, to provide treatment, to identify persons at risk of new text end 11.10 new text begin illness, or to conduct an epidemiologic investigation to control or prevent the spread of new text end 11.11 new text begin serious disease, or to diminish an imminent threat to the public health. new text end 11.12 new text begin (c) For purposes of Clinical Laboratory Improvement Amendments proficiency new text end 11.13 new text begin testing, the commissioner may disseminate de-identified biological specimens to state new text end 11.14 new text begin public health laboratories that agree, pursuant to contract, not to attempt to re-identify new text end 11.15 new text begin the biological specimens. new text end 11.16 new text begin (d) Health data may be disseminated as provided in section 13.3805, subdivision 1, new text end 11.17 new text begin paragraph (b). new text end 11.18     new text begin Subd. 4. new text end new text begin Research. new text end new text begin The commissioner may collect, use, store, and disseminate new text end 11.19 new text begin biological specimens and health data to conduct research in a manner that is consistent new text end 11.20 new text begin with the federal common rule for the protection of human subjects in Code of Federal new text end 11.21 new text begin Regulations, title 45, part 46. new text end 11.22     new text begin Subd. 5. new text end new text begin Storage of biological specimens and health data according to storage new text end 11.23 new text begin schedules. new text end new text begin (a) The commissioner shall store health data according to section 138.17. new text end 11.24 new text begin (b) The commissioner shall store biological specimens according to a specimen new text end 11.25 new text begin storage schedule. The commissioner shall develop the storage schedule by July 1, 2013, new text end 11.26 new text begin and post it on the department's Web site. new text end 11.27     new text begin Subd. 6. new text end new text begin Secure storage of biological specimens. new text end new text begin The commissioner shall establish new text end 11.28 new text begin appropriate security safeguards for the storage of biological specimens, with regard for new text end 11.29 new text begin the privacy of the individuals from whom the biological specimens originated, and store new text end 11.30 new text begin the biological specimens accordingly. When a biological specimen is disposed of, it new text end 11.31 new text begin must be destroyed in a way that prevents determining the identity of the individual from new text end 11.32 new text begin whom it originated. new text end 11.33     new text begin Subd. 7. new text end new text begin Applicability to health boards. new text end new text begin The provisions of subdivisions 2; 3, new text end 11.34 new text begin paragraphs (a), (c), and (d); and 4 to 6 pertaining to the commissioner also apply to boards new text end 11.35 new text begin of health and community health boards organized under chapter 145A. These boards new text end 12.1 new text begin may also disseminate health data pursuant to section 13.3805, subdivision 1, paragraph new text end 12.2 new text begin (b), clause (2). new text end 12.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2013. new text end 12.4    Sec. 12. new text begin [144.193] INVENTORY OF BIOLOGICAL AND HEALTH DATA. new text end 12.5 new text begin By February 1, 2014, and annually after that date, the commissioner shall prepare new text end 12.6 new text begin an inventory of biological specimens, registries, and health data and databases collected new text end 12.7 new text begin or maintained by the commissioner. In addition to the inventory, the commissioner new text end 12.8 new text begin shall provide the schedules for storage of health data and biological specimens. The new text end 12.9 new text begin inventories must be listed in reverse chronological order beginning with the year 2012. new text end 12.10 new text begin The commissioner shall make the inventory and schedules available on the department's new text end 12.11 new text begin Web site and submit the inventory and schedules to the chairs and ranking minority new text end 12.12 new text begin members of the committees of the legislature with jurisdiction over health policy and new text end 12.13 new text begin data practices issues. new text end 12.14    Sec. 13. Minnesota Statutes 2012, section 144.966, subdivision 2, is amended to read: 12.15    Subd. 2. Newborn Hearing Screening Advisory Committee. (a) The 12.16commissioner of health shall establish a Newborn Hearing Screening Advisory Committee 12.17to advise and assist the Department of Health and the Department of Education in: 12.18    (1) developing protocols and timelines for screening, rescreening, and diagnostic 12.19audiological assessment and early medical, audiological, and educational intervention 12.20services for children who are deaf or hard-of-hearing; 12.21    (2) designing protocols for tracking children from birth through age three that may 12.22have passed newborn screening but are at risk for delayed or late onset of permanent 12.23hearing loss; 12.24    (3) designing a technical assistance program to support facilities implementing the 12.25screening program and facilities conducting rescreening and diagnostic audiological 12.26assessment; 12.27    (4) designing implementation and evaluation of a system of follow-up and tracking; 12.28and 12.29    (5) evaluating program outcomes to increase effectiveness and efficiency and ensure 12.30culturally appropriate services for children with a confirmed hearing loss and their families. 12.31    (b) The commissioner of health shall appoint at least one member from each of the 12.32following groups with no less than two of the members being deaf or hard-of-hearing: 12.33    (1) a representative from a consumer organization representing culturally deaf 12.34persons; 13.1    (2) a parent with a child with hearing loss representing a parent organization; 13.2    (3) a consumer from an organization representing oral communication options; 13.3    (4) a consumer from an organization representing cued speech communication 13.4options; 13.5    (5) an audiologist who has experience in evaluation and intervention of infants 13.6and young children; 13.7    (6) a speech-language pathologist who has experience in evaluation and intervention 13.8of infants and young children; 13.9    (7) two primary care providers who have experience in the care of infants and young 13.10children, one of which shall be a pediatrician; 13.11    (8) a representative from the early hearing detection intervention teams; 13.12    (9) a representative from the Department of Education resource center for the deaf 13.13and hard-of-hearing or the representative's designee; 13.14    (10) a representative of the Commission of Deaf, DeafBlind and Hard-of-Hearing 13.15Minnesotans; 13.16    (11) a representative from the Department of Human Services Deaf and 13.17Hard-of-Hearing Services Division; 13.18    (12) one or more of the Part C coordinators from the Department of Education, the 13.19Department of Health, or the Department of Human Services or the department's designees; 13.20    (13) the Department of Health early hearing detection and intervention coordinators; 13.21    (14) two birth hospital representatives from one rural and one urban hospital; 13.22    (15) a pediatric geneticist; 13.23    (16) an otolaryngologist; 13.24    (17) a representative from the Newborn Screening Advisory Committee under 13.25this subdivision; and 13.26    (18) a representative of the Department of Education regional low-incidence 13.27facilitators. 13.28The commissioner must complete the appointments required under this subdivision by 13.29September 1, 2007. 13.30    (c) The Department of Health member shall chair the first meeting of the committee. 13.31At the first meeting, the committee shall elect a chair from its membership. The committee 13.32shall meet at the call of the chair, at least four times a year. The committee shall adopt 13.33written bylaws to govern its activities. The Department of Health shall provide technical 13.34and administrative support services as required by the committee. These services shall 13.35include technical support from individuals qualified to administer infant hearing screening, 13.36rescreening, and diagnostic audiological assessments. 14.1    Members of the committee shall receive no compensation for their service, but 14.2shall be reimbursed as provided in section 15.059 for expenses incurred as a result of 14.3their duties as members of the committee. 14.4 new text begin (d) By February 15, 2015, and by February 15 of the odd-numbered years after that new text end 14.5 new text begin date, the commissioner shall report to the chairs and ranking minority members of the new text end 14.6 new text begin legislative committees with jurisdiction over health and data privacy on the activities of new text end 14.7 new text begin the committee that have occurred during the past two years. new text end 14.8    (d) new text begin (e) new text end This subdivision expires June 30, 2013 new text begin 2019 new text end . 14.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2013. new text end 14.10    Sec. 14. Minnesota Statutes 2012, section 144.966, subdivision 3, is amended to read: 14.11    Subd. 3. Early hearing detection and intervention programs. All hospitals 14.12shall establish an early hearing detection and intervention (EHDI) program. Each EHDI 14.13program shall: 14.14    (1) in advance of any hearing screening testing, provide to the newborn's or infant's 14.15parents or parent information concerning the nature of the screening procedure, applicable 14.16costs of the screening procedure, the potential risks and effects of hearing loss, and the 14.17benefits of early detection and intervention; 14.18    (2) comply with parental consent new text begin election as described new text end under section 144.125, 14.19subdivision 3 new text begin 4 new text end ; 14.20    (3) develop policies and procedures for screening and rescreening based on 14.21Department of Health recommendations; 14.22    (4) provide appropriate training and monitoring of individuals responsible for 14.23performing hearing screening tests as recommended by the Department of Health; 14.24    (5) test the newborn's hearing prior to discharge, or, if the newborn is expected to 14.25remain in the hospital for a prolonged period, testing shall be performed prior to three 14.26months of age or when medically feasible; 14.27    (6) develop and implement procedures for documenting the results of all hearing 14.28screening tests; 14.29    (7) inform the newborn's or infant's parents or parent, primary care physician, and 14.30the Department of Health according to recommendations of the Department of Health of 14.31the results of the hearing screening test or rescreening if conducted, or if the newborn or 14.32infant was not successfully tested. The hospital that discharges the newborn or infant to 14.33home is responsible for the screening; and 14.34    (8) collect performance data specified by the Department of Health. 15.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2013. new text end 15.2    Sec. 15. Minnesota Statutes 2012, section 144.966, subdivision 4, is amended to read: 15.3    Subd. 4. Notification and information new text begin ; data retention and destruction new text end . (a) 15.4Notification to the parents or parent, primary care provider, and the Department of Health 15.5shall occur prior to discharge or no later than ten days following the date of testing. 15.6Notification shall include information recommended by the Department of Health new text begin and new text end 15.7 new text begin information regarding the right of the parent or legal guardian to discontinue storage of the new text end 15.8 new text begin test results and require destruction under paragraph (d) new text end . 15.9    (b) A physician, nurse, midwife, or other health professional attending a birth outside 15.10a hospital or institution shall provide information, orally and in writing, as established by 15.11the Department of Health, to parents regarding places where the parents may have their 15.12infant's hearing screened and the importance of the screening. 15.13    (c) The professional conducting the diagnostic procedure to confirm the hearing loss 15.14must report the results to the parents, primary care provider, and Department of Health 15.15according to the Department of Health recommendations. 15.16 new text begin (d) The Department of Health may store hearing screening and rescreening test new text end 15.17 new text begin results for a period of time not to exceed 18 years from the infant's date of birth. new text end 15.18 new text begin (e) Notwithstanding paragraph (d), a parent or legal guardian may instruct the new text end 15.19 new text begin Department of Health to discontinue storing hearing screening and rescreening test results new text end 15.20 new text begin by providing a signed and dated form requesting destruction of the test results. The new text end 15.21 new text begin Department of Health shall make necessary forms available on the department's Web site. new text end 15.22 new text begin If a parent or legal guardian instructs the Department of Health to discontinue storing new text end 15.23 new text begin hearing screening and rescreening test results, the Department of Health shall destroy the new text end 15.24 new text begin test results within one month of receipt of the instruction or within 25 months after it new text end 15.25 new text begin received the last test result, whichever is later. new text end 15.26    Sec. 16. Minnesota Statutes 2012, section 144.966, is amended by adding a subdivision 15.27to read: 15.28     new text begin Subd. 8. new text end new text begin Construction. new text end new text begin Notwithstanding anything to the contrary, nothing in this new text end 15.29 new text begin section shall be construed as constituting newborn screening activities conducted under new text end 15.30 new text begin sections 144.125 to 144.128. Data collected by or submitted to the Department of Health new text end 15.31 new text begin pursuant to this section is not genetic information for purposes of section 13.386. new text end 15.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2013. new text end 15.33    Sec. 17. Minnesota Statutes 2012, section 171.07, subdivision 1a, is amended to read: 16.1    Subd. 1a. Filing photograph or image; data classification. The department shall 16.2file, or contract to file, all photographs or electronically produced images obtained in the 16.3process of issuing drivers' licenses or Minnesota identification cards. The photographs or 16.4electronically produced images shall be private data pursuant to section 13.02, subdivision 16.512 . Notwithstanding section 13.04, subdivision 3, the department shall not be required 16.6to provide copies of photographs or electronically produced images to data subjects. 16.7The use of the files is restricted: 16.8    (1) to the issuance and control of drivers' licenses; 16.9    (2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the 16.10investigation and prosecution of crimes, service of process, enforcement of no contact 16.11orders, location of missing persons, investigation and preparation of cases for criminal, 16.12juvenile, and traffic court, and supervision of offenders; 16.13    (3) to public defenders, as defined in section 611.272, for the investigation and 16.14preparation of cases for criminal, juvenile, and traffic courts; and 16.15    (4) to child support enforcement purposes under section 256.978 new text begin ; and new text end 16.16     new text begin (5) to a county medical examiner or coroner as required by section 390.005 as new text end 16.17 new text begin necessary to fulfill the duties under sections 390.11 and 390.25 new text end . 16.18    Sec. 18. Minnesota Statutes 2012, section 241.065, subdivision 4, is amended to read: 16.19    Subd. 4. Procedures. new text begin (a) new text end The Department of Corrections shall adopt procedures 16.20to provide for the orderly collection, entry, retrieval, and deletion of data contained in 16.21the statewide supervision system. 16.22 new text begin (b) The Department of Corrections shall establish and implement audit requirements new text end 16.23 new text begin to ensure that authorized users comply with applicable data practices laws governing new text end 16.24 new text begin access to and use of the data. new text end 16.25    Sec. 19. Minnesota Statutes 2012, section 268.19, subdivision 1, is amended to read: 16.26    Subdivision 1. Use of data. (a) Except as provided by this section, data gathered 16.27from any person under the administration of the Minnesota Unemployment Insurance Law 16.28are private data on individuals or nonpublic data not on individuals as defined in section 16.2913.02 , subdivisions 9 and 12, and may not be disclosed except according to a district court 16.30order or section 13.05. A subpoena is not considered a district court order. These data 16.31may be disseminated to and used by the following agencies without the consent of the 16.32subject of the data: 16.33    (1) state and federal agencies specifically authorized access to the data by state 16.34or federal law; 17.1    (2) any agency of any other state or any federal agency charged with the 17.2administration of an unemployment insurance program; 17.3    (3) any agency responsible for the maintenance of a system of public employment 17.4offices for the purpose of assisting individuals in obtaining employment; 17.5    (4) the public authority responsible for child support in Minnesota or any other 17.6state in accordance with section 256.978; 17.7    (5) human rights agencies within Minnesota that have enforcement powers; 17.8    (6) the Department of Revenue to the extent necessary for its duties under Minnesota 17.9laws; 17.10    (7) public and private agencies responsible for administering publicly financed 17.11assistance programs for the purpose of monitoring the eligibility of the program's recipients; 17.12    (8) the Department of Labor and Industry and the Division of Insurance Fraud 17.13Prevention in the Department of Commerce for uses consistent with the administration of 17.14their duties under Minnesota law; 17.15    (9) local and state welfare agencies for monitoring the eligibility of the data subject 17.16for assistance programs, or for any employment or training program administered by those 17.17agencies, whether alone, in combination with another welfare agency, or in conjunction 17.18with the department or to monitor and evaluate the statewide Minnesota family investment 17.19program by providing data on recipients and former recipients of food stamps or food 17.20support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance 17.21under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; 17.22    (10) local and state welfare agencies for the purpose of identifying employment, 17.23wages, and other information to assist in the collection of an overpayment debt in an 17.24assistance program; 17.25    (11) local, state, and federal law enforcement agencies for the purpose of ascertaining 17.26the last known address and employment location of an individual who is the subject of 17.27a criminal investigation; 17.28    (12) the United States Immigration and Customs Enforcement has access to data on 17.29specific individuals and specific employers provided the specific individual or specific 17.30employer is the subject of an investigation by that agency; 17.31    (13) the Department of Health for the purposes of epidemiologic investigations; 17.32    (14) the Department of Corrections for the purpose of new text begin case planning for preprobation new text end 17.33 new text begin and postprobation employment tracking of offenders sentenced to probation and new text end 17.34preconfinement and postconfinement employment tracking of committed offenders for 17.35the purpose of case planning; and 18.1    (15) the state auditor to the extent necessary to conduct audits of job opportunity 18.2building zones as required under section 469.3201. 18.3    (b) Data on individuals and employers that are collected, maintained, or used by 18.4the department in an investigation under section 268.182 are confidential as to data 18.5on individuals and protected nonpublic data not on individuals as defined in section 18.613.02 , subdivisions 3 and 13, and must not be disclosed except under statute or district 18.7court order or to a party named in a criminal proceeding, administrative or judicial, for 18.8preparation of a defense. 18.9    (c) Data gathered by the department in the administration of the Minnesota 18.10unemployment insurance program must not be made the subject or the basis for any 18.11suit in any civil proceedings, administrative or judicial, unless the action is initiated by 18.12the department. 18.13    Sec. 20. Minnesota Statutes 2012, section 273.124, subdivision 13, is amended to read: 18.14    Subd. 13. Homestead application. (a) A person who meets the homestead 18.15requirements under subdivision 1 must file a homestead application with the county 18.16assessor to initially obtain homestead classification. 18.17    (b) The format and contents of a uniform homestead application shall be prescribed 18.18by the commissioner of revenue. The application must clearly inform the taxpayer that 18.19this application must be signed by all owners who occupy the property or by the qualifying 18.20relative and returned to the county assessor in order for the property to receive homestead 18.21treatment. 18.22    (c) Every property owner applying for homestead classification must furnish to the 18.23county assessor the Social Security number of each occupant who is listed as an owner 18.24of the property on the deed of record, the name and address of each owner who does not 18.25occupy the property, and the name and Social Security number of each owner's spouse who 18.26occupies the property. The application must be signed by each owner who occupies the 18.27property and by each owner's spouse who occupies the property, or, in the case of property 18.28that qualifies as a homestead under subdivision 1, paragraph (c), by the qualifying relative. 18.29    If a property owner occupies a homestead, the property owner's spouse may not 18.30claim another property as a homestead unless the property owner and the property owner's 18.31spouse file with the assessor an affidavit or other proof required by the assessor stating that 18.32the property qualifies as a homestead under subdivision 1, paragraph (e). 18.33    Owners or spouses occupying residences owned by their spouses and previously 18.34occupied with the other spouse, either of whom fail to include the other spouse's name 18.35and Social Security number on the homestead application or provide the affidavits or 19.1other proof requested, will be deemed to have elected to receive only partial homestead 19.2treatment of their residence. The remainder of the residence will be classified as 19.3nonhomestead residential. When an owner or spouse's name and Social Security number 19.4appear on homestead applications for two separate residences and only one application is 19.5signed, the owner or spouse will be deemed to have elected to homestead the residence for 19.6which the application was signed. 19.7    The Social Security numbers, state or federal tax returns or tax return information, 19.8including the federal income tax schedule F required by this section, or affidavits or other 19.9proofs of the property owners and spouses submitted under this or another section to 19.10support a claim for a property tax homestead classification are private data on individuals as 19.11defined by section 13.02, subdivision 12, but, notwithstanding that section, the private data 19.12may be disclosed to the commissioner of revenue, or, for purposes of proceeding under the 19.13Revenue Recapture Act to recover personal property taxes owing, to the county treasurer. 19.14    (d) If residential real estate is occupied and used for purposes of a homestead by a 19.15relative of the owner and qualifies for a homestead under subdivision 1, paragraph (c), in 19.16order for the property to receive homestead status, a homestead application must be filed 19.17with the assessor. The Social Security number of each relative and spouse of a relative 19.18occupying the property shall be required on the homestead application filed under this 19.19subdivision. If a different relative of the owner subsequently occupies the property, the 19.20owner of the property must notify the assessor within 30 days of the change in occupancy. 19.21The Social Security number of a relative or relative's spouse occupying the property 19.22is private data on individuals as defined by section 13.02, subdivision 12, but may be 19.23disclosed to the commissioner of revenue, or, for the purposes of proceeding under the 19.24Revenue Recapture Act to recover personal property taxes owing, to the county treasurer. 19.25    (e) The homestead application shall also notify the property owners that the 19.26application filed under this section will not be mailed annually and that if the property 19.27is granted homestead status for any assessment year, that same property shall remain 19.28classified as homestead until the property is sold or transferred to another person, or 19.29the owners, the spouse of the owner, or the relatives no longer use the property as their 19.30homestead. Upon the sale or transfer of the homestead property, a certificate of value must 19.31be timely filed with the county auditor as provided under section 272.115. Failure to 19.32notify the assessor within 30 days that the property has been sold, transferred, or that the 19.33owner, the spouse of the owner, or the relative is no longer occupying the property as a 19.34homestead, shall result in the penalty provided under this subdivision and the property 19.35will lose its current homestead status. 20.1    (f) If the homestead application is not returned within 30 days, the county will send a 20.2second application to the present owners of record. The notice of proposed property taxes 20.3prepared under section 275.065, subdivision 3, shall reflect the property's classification. If 20.4a homestead application has not been filed with the county by December 15, the assessor 20.5shall classify the property as nonhomestead for the current assessment year for taxes 20.6payable in the following year, provided that the owner may be entitled to receive the 20.7homestead classification by proper application under section 375.192. 20.8     new text begin Subd. 13a. new text end new text begin Occupant list. new text end (g) At the request of the commissioner, each county 20.9must give the commissioner a list that includes the name and Social Security number 20.10of each occupant of homestead property who is the property owner, property owner's 20.11spouse, qualifying relative of a property owner, or a spouse of a qualifying relative. The 20.12commissioner shall use the information provided on the lists as appropriate under the law, 20.13including for the detection of improper claims by owners, or relatives of owners, under 20.14chapter 290A. 20.15     new text begin Subd. 13b. new text end new text begin Improper homestead. new text end (h) new text begin (a) new text end If the commissioner finds that a 20.16property owner may be claiming a fraudulent homestead, the commissioner shall notify 20.17the appropriate counties. Within 90 days of the notification, the county assessor shall 20.18investigate to determine if the homestead classification was properly claimed. If the 20.19property owner does not qualify, the county assessor shall notify the county auditor who 20.20will determine the amount of homestead benefits that had been improperly allowed. For the 20.21purpose of this section new text begin subdivision new text end , "homestead benefits" means the tax reduction resulting 20.22from the classification as a homestead under section 273.13, the taconite homestead credit 20.23under section 273.135, the residential homestead and agricultural homestead credits under 20.24section 273.1384, and the supplemental homestead credit under section 273.1391. 20.25    The county auditor shall send a notice to the person who owned the affected property 20.26at the time the homestead application related to the improper homestead was filed, 20.27demanding reimbursement of the homestead benefits plus a penalty equal to 100 percent 20.28of the homestead benefits. The person notified may appeal the county's determination 20.29by serving copies of a petition for review with county officials as provided in section 20.30278.01 and filing proof of service as provided in section 278.01 with the Minnesota Tax 20.31Court within 60 days of the date of the notice from the county. Procedurally, the appeal 20.32is governed by the provisions in chapter 271 which apply to the appeal of a property tax 20.33assessment or levy, but without requiring any prepayment of the amount in controversy. If 20.34the amount of homestead benefits and penalty is not paid within 60 days, and if no appeal 20.35has been filed, the county auditor shall certify the amount of taxes and penalty to the county 20.36treasurer. The county treasurer will add interest to the unpaid homestead benefits and 21.1penalty amounts at the rate provided in section 279.03 for real property taxes becoming 21.2delinquent in the calendar year during which the amount remains unpaid. Interest may be 21.3assessed for the period beginning 60 days after demand for payment was made. 21.4    If the person notified is the current owner of the property, the treasurer may add the 21.5total amount of homestead benefits, penalty, interest, and costs to the ad valorem taxes 21.6otherwise payable on the property by including the amounts on the property tax statements 21.7under section 276.04, subdivision 3. The amounts added under this paragraph to the ad 21.8valorem taxes shall include interest accrued through December 31 of the year preceding 21.9the taxes payable year for which the amounts are first added. These amounts, when added 21.10to the property tax statement, become subject to all the laws for the enforcement of real or 21.11personal property taxes for that year, and for any subsequent year. 21.12    If the person notified is not the current owner of the property, the treasurer may 21.13collect the amounts due under the Revenue Recapture Act in chapter 270A, or use any of 21.14the powers granted in sections 277.20 and 277.21 without exclusion, to enforce payment 21.15of the homestead benefits, penalty, interest, and costs, as if those amounts were delinquent 21.16tax obligations of the person who owned the property at the time the application related to 21.17the improperly allowed homestead was filed. The treasurer may relieve a prior owner of 21.18personal liability for the homestead benefits, penalty, interest, and costs, and instead extend 21.19those amounts on the tax lists against the property as provided in this paragraph to the extent 21.20that the current owner agrees in writing. On all demands, billings, property tax statements, 21.21and related correspondence, the county must list and state separately the amounts of 21.22homestead benefits, penalty, interest and costs being demanded, billed or assessed. 21.23    (i) new text begin (b) new text end Any amount of homestead benefits recovered by the county from the property 21.24owner shall be distributed to the county, city or town, and school district where the 21.25property is located in the same proportion that each taxing district's levy was to the total 21.26of the three taxing districts' levy for the current year. Any amount recovered attributable 21.27to taconite homestead credit shall be transmitted to the St. Louis County auditor to be 21.28deposited in the taconite property tax relief account. Any amount recovered that is 21.29attributable to supplemental homestead credit is to be transmitted to the commissioner of 21.30revenue for deposit in the general fund of the state treasury. The total amount of penalty 21.31collected must be deposited in the county general fund. 21.32    (j) new text begin (c) new text end If a property owner has applied for more than one homestead and the county 21.33assessors cannot determine which property should be classified as homestead, the county 21.34assessors will refer the information to the commissioner. The commissioner shall make 21.35the determination and notify the counties within 60 days. 22.1     new text begin Subd. 13c. new text end new text begin Property lists. new text end (k) In addition to lists of homestead properties, the 22.2commissioner may ask the counties to furnish lists of all properties and the record owners. 22.3The Social Security numbers and federal identification numbers that are maintained by 22.4a county or city assessor for property tax administration purposes, and that may appear 22.5on the lists retain their classification as private or nonpublic data; but may be viewed, 22.6accessed, and used by the county auditor or treasurer of the same county for the limited 22.7purpose of assisting the commissioner in the preparation of microdata samples under 22.8section 270C.12. new text begin The commissioner shall use the information provided on the lists as new text end 22.9 new text begin appropriate under the law, including for the detection of improper claims by owners, or new text end 22.10 new text begin relatives of owners, under chapter 290A. new text end 22.11     new text begin Subd. 13d. new text end new text begin Homestead data. new text end (l) On or before April 30 each year beginning in 2007, 22.12each county must provide the commissioner with the following data for each parcel of 22.13homestead property by electronic means as defined in section 289A.02, subdivision 8: 22.14    (i) new text begin (1) new text end the property identification number assigned to the parcel for purposes of 22.15taxes payable in the current year; 22.16    (ii) new text begin (2) new text end the name and Social Security number of each occupant of homestead property 22.17who is the property owner, property owner's spouse, qualifying relative of a property 22.18owner, or spouse of a qualifying relative; 22.19    (iii) new text begin (3) new text end the classification of the property under section 273.13 for taxes payable 22.20in the current year and in the prior year; 22.21    (iv) new text begin (4) new text end an indication of whether the property was classified as a homestead for 22.22taxes payable in the current year because of occupancy by a relative of the owner or 22.23by a spouse of a relative; 22.24    (v) new text begin (5) new text end the property taxes payable as defined in section 290A.03, subdivision 13, for 22.25the current year and the prior year; 22.26    (vi) new text begin (6) new text end the market value of improvements to the property first assessed for tax 22.27purposes for taxes payable in the current year; 22.28    (vii) new text begin (7) new text end the assessor's estimated market value assigned to the property for taxes 22.29payable in the current year and the prior year; 22.30    (viii) new text begin (8) new text end the taxable market value assigned to the property for taxes payable in the 22.31current year and the prior year; 22.32    (ix) new text begin (9) new text end whether there are delinquent property taxes owing on the homestead; 22.33    (x) new text begin (10) new text end the unique taxing district in which the property is located; and 22.34    (xi) new text begin (11) new text end such other information as the commissioner decides is necessary. 23.1    The commissioner shall use the information provided on the lists as appropriate 23.2under the law, including for the detection of improper claims by owners, or relatives 23.3of owners, under chapter 290A. 23.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 23.5    Sec. 21. new text begin [273.1245] CLASSIFICATION OF DATA. new text end 23.6     new text begin Subdivision 1. new text end new text begin Private or nonpublic data. new text end new text begin The following data are private or new text end 23.7 new text begin nonpublic data as defined in section 13.02, subdivisions 9 and 12, when they are submitted new text end 23.8 new text begin to a county or local assessor under section 273.124, 273.13, or another section, to support new text end 23.9 new text begin a claim for the property tax homestead classification under section 273.13, or other new text end 23.10 new text begin property tax classification or benefit: new text end 23.11 new text begin (1) Social Security numbers; new text end 23.12 new text begin (2) copies of state or federal income tax returns; and new text end 23.13 new text begin (3) state or federal income tax return information, including the federal income new text end 23.14 new text begin tax schedule F. new text end 23.15     new text begin Subd. 2. new text end new text begin Disclosure. new text end new text begin The assessor shall disclose the data described in subdivision 1 new text end 23.16 new text begin to the commissioner of revenue as provided by law. The assessor shall also disclose all or new text end 23.17 new text begin portions of the data described in subdivision 1 to the county treasurer solely for the purpose new text end 23.18 new text begin of proceeding under the Revenue Recapture Act to recover personal property taxes owing. new text end 23.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 23.20    Sec. 22. Minnesota Statutes 2012, section 273.1315, subdivision 1, is amended to read: 23.21    Subdivision 1. Class 1b homestead declaration before 2009. Any property owner 23.22seeking classification and assessment of the owner's homestead as class 1b property 23.23pursuant to section 273.13, subdivision 22, paragraph (b), on or before October 1, 2008, 23.24shall file with the commissioner of revenue a 1b homestead declaration, on a form 23.25prescribed by the commissioner. The declaration shall contain the following information: 23.26    (a) new text begin (1) new text end the information necessary to verify that on or before June 30 of the filing year, 23.27the property owner or the owner's spouse satisfies the requirements of section 273.13, 23.28subdivision 22 , paragraph (b), for 1b classification; and 23.29    (b) new text begin (2) new text end any additional information prescribed by the commissioner. 23.30    The declaration must be filed on or before October 1 to be effective for property 23.31taxes payable during the succeeding calendar year. The declaration and any supplementary 23.32information received from the property owner pursuant to this subdivision shall be subject 23.33to chapter 270B. If approved by the commissioner, the declaration remains in effect until 24.1the property no longer qualifies under section 273.13, subdivision 22, paragraph (b). 24.2Failure to notify the commissioner within 30 days that the property no longer qualifies 24.3under that paragraph because of a sale, change in occupancy, or change in the status 24.4or condition of an occupant shall result in the penalty provided in section 273.124, 24.5subdivision 13 new text begin 13b new text end , computed on the basis of the class 1b benefits for the property, and 24.6the property shall lose its current class 1b classification. 24.7    The commissioner shall provide to the assessor on or before November 1 a listing 24.8of the parcels of property qualifying for 1b classification. 24.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 24.10    Sec. 23. Minnesota Statutes 2012, section 273.1315, subdivision 2, is amended to read: 24.11    Subd. 2. Class 1b homestead declaration 2009 and thereafter. (a) Any property 24.12owner seeking classification and assessment of the owner's homestead as class 1b property 24.13pursuant to section 273.13, subdivision 22, paragraph (b), after October 1, 2008, shall file 24.14with the county assessor a class 1b homestead declaration, on a form prescribed by the 24.15commissioner of revenue. The declaration must contain the following information: 24.16    (1) the information necessary to verify that, on or before June 30 of the filing year, 24.17the property owner or the owner's spouse satisfies the requirements of section 273.13, 24.18subdivision 22, paragraph (b), for class 1b classification; and 24.19    (2) any additional information prescribed by the commissioner. 24.20    (b) The declaration must be filed on or before October 1 to be effective for property 24.21taxes payable during the succeeding calendar year. The Social Security numbers and 24.22income and medical information received from the property owner pursuant to this 24.23subdivision are private data on individuals as defined in section 13.02. If approved by 24.24the assessor, the declaration remains in effect until the property no longer qualifies under 24.25section 273.13, subdivision 22, paragraph (b). Failure to notify the assessor within 30 24.26days that the property no longer qualifies under that paragraph because of a sale, change in 24.27occupancy, or change in the status or condition of an occupant shall result in the penalty 24.28provided in section 273.124, subdivision 13 new text begin 13b new text end , computed on the basis of the class 1b 24.29benefits for the property, and the property shall lose its current class 1b classification. 24.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 24.31    Sec. 24. Minnesota Statutes 2012, section 290A.25, is amended to read: 24.32290A.25 VERIFICATION OF SOCIAL SECURITY NUMBERS. 25.1Annually, the commissioner of revenue shall furnish a list to the county assessor 25.2containing the names and Social Security numbers of persons who have applied for both 25.3homestead classification under section 273.13 and a property tax refund as a renter 25.4under this chapter. 25.5Within 90 days of the notification, the county assessor shall investigate to determine 25.6if the homestead classification was improperly claimed. If the property owner does 25.7not qualify, the county assessor shall notify the county auditor who will determine the 25.8amount of homestead benefits that has been improperly allowed. For the purpose of this 25.9section, "homestead benefits" has the meaning given in section 273.124, subdivision 13, 25.10paragraph (h) new text begin 13b new text end . The county auditor shall send a notice to persons who owned the 25.11affected property at the time the homestead application related to the improper homestead 25.12was filed, demanding reimbursement of the homestead benefits plus a penalty equal to 25.13100 percent of the homestead benefits. The person notified may appeal the county's 25.14determination with the Minnesota Tax Court within 60 days of the date of the notice from 25.15the county as provided in section 273.124, subdivision 13, paragraph (h) new text begin 13b new text end . 25.16If the amount of homestead benefits and penalty is not paid within 60 days, and if 25.17no appeal has been filed, the county auditor shall certify the amount of taxes and penalty 25.18to the county treasurer. The county treasurer will add interest to the unpaid homestead 25.19benefits and penalty amounts at the rate provided for delinquent personal property taxes 25.20for the period beginning 60 days after demand for payment was made until payment. If 25.21the person notified is the current owner of the property, the treasurer may add the total 25.22amount of benefits, penalty, interest, and costs to the real estate taxes otherwise payable on 25.23the property in the following year. If the person notified is not the current owner of the 25.24property, the treasurer may collect the amounts due under the Revenue Recapture Act in 25.25chapter 270A, or use any of the powers granted in sections 277.20 and 277.21 without 25.26exclusion, to enforce payment of the benefits, penalty, interest, and costs, as if those 25.27amounts were delinquent tax obligations of the person who owned the property at the time 25.28the application related to the improperly allowed homestead was filed. The treasurer may 25.29relieve a prior owner of personal liability for the benefits, penalty, interest, and costs, and 25.30instead extend those amounts on the tax lists against the property for taxes payable in the 25.31following year to the extent that the current owner agrees in writing. 25.32Any amount of homestead benefits recovered by the county from the property owner 25.33shall be distributed to the county, city or town, and school district where the property is 25.34located in the same proportion that each taxing district's levy was to the total of the three 25.35taxing districts' levy for the current year. Any amount recovered attributable to taconite 25.36homestead credit shall be transmitted to the St. Louis County auditor to be deposited in 26.1the taconite property tax relief account. Any amount recovered that is attributable to 26.2supplemental homestead credit is to be transmitted to the commissioner of revenue for 26.3deposit in the general fund of the state treasury. The total amount of penalty collected 26.4must be deposited in the county general fund. 26.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 26.6    Sec. 25. Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read: 26.7    Subdivision 1. Identification data other than DNA. (a) Each sheriff and chief of 26.8police shall furnish the bureau, upon such form as the superintendent shall prescribe, with 26.9such finger and thumb prints, photographs, distinctive physical mark identification data, 26.10information on known aliases and street names, and other identification data as may be 26.11requested or required by the superintendent of the bureau, which must be taken under the 26.12provisions of section 299C.10. In addition, sheriffs and chiefs of police shall furnish this 26.13identification data to the bureau for individuals found to have been convicted of a felony, 26.14gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding 26.15their arrest. When the bureau learns that an individual who is the subject of a background 26.16check has used, or is using, identifying information, including, but not limited to, name 26.17and date of birth, other than those listed on the criminal history, the bureau may add the 26.18new identifying information to the criminal history when supported by fingerprints. 26.19(b) No petition under chapter 609A is required if the person has not been convicted 26.20of any felony or gross misdemeanor, either within or without the state, within the period 26.21of ten years immediately preceding the determination of all pending criminal actions or 26.22proceedings in favor of the arrested person, and either of the following occurred: 26.23(1) all charges were dismissed prior to a determination of probable cause; or 26.24(2) the prosecuting authority declined to file any charges and a grand jury did not 26.25return an indictment. 26.26Where these conditions are met, the bureau or agency shall, upon demand, return to 26.27 new text begin destroy new text end the arrested person new text begin person's new text end finger and thumb prints, photographs, distinctive 26.28physical mark identification data, information on known aliases and street names, and 26.29other identification data, and all copies and duplicates of them. 26.30(c) Except as otherwise provided in paragraph (b), upon the determination of all 26.31pending criminal actions or proceedings in favor of the arrested person, and the granting 26.32of the petition of the arrested person under chapter 609A, the bureau shall seal finger and 26.33thumb prints, photographs, distinctive physical mark identification data, information on 26.34known aliases and street names, and other identification data, and all copies and duplicates 26.35of them if the arrested person has not been convicted of any felony or gross misdemeanor, 27.1either within or without the state, within the period of ten years immediately preceding 27.2such determination. 27.3    Sec. 26. Minnesota Statutes 2012, section 299C.46, subdivision 1, is amended to read: 27.4    Subdivision 1. Establishment; interconnection. The commissioner of public safety 27.5shall establish a criminal justice data communications network which new text begin that new text end will enable the 27.6interconnection of the criminal justice agencies within the state new text begin provide secure access to new text end 27.7 new text begin systems and services available from or through the Bureau of Criminal Apprehension new text end . The 27.8commissioner of public safety is authorized to lease or purchase facilities and equipment 27.9as may be necessary to establish and maintain the data communications network. 27.10    Sec. 27. Minnesota Statutes 2012, section 299C.46, subdivision 2, is amended to read: 27.11    Subd. 2. Criminal justice agency defined. For the purposes of sections 299C.46 27.12to 299C.49, "criminal justice agency" means an agency of the state or an agency of a 27.13political subdivision new text begin or the federal government new text end charged with detection, enforcement, 27.14prosecution, adjudication or incarceration in respect to the criminal or traffic laws of this 27.15state. This definition also includes all sites identified and licensed as a detention facility 27.16by the commissioner of corrections under section 241.021 new text begin and those federal agencies that new text end 27.17 new text begin serve part or all of the state from an office located outside the state new text end . 27.18    Sec. 28. Minnesota Statutes 2012, section 299C.46, subdivision 2a, is amended to read: 27.19    Subd. 2a. Noncriminal justice agency defined. For the purposes of sections 27.20299C.46 to 299C.49, "noncriminal justice agency" means an agency of a new text begin the new text end state or an 27.21agency of a political subdivision of a new text begin the new text end state charged with the responsibility of performing 27.22checks of state databases connected to the criminal justice data communications network. 27.23    Sec. 29. Minnesota Statutes 2012, section 299C.46, subdivision 3, is amended to read: 27.24    Subd. 3. Authorized use, fee. (a) The criminal justice data communications 27.25network shall be used exclusively by: 27.26(1) criminal justice agencies in connection with the performance of duties required 27.27by law; 27.28(2) agencies investigating federal security clearances of individuals for assignment 27.29or retention in federal employment with duties related to national security, as required by 27.30Public Law 99-169 new text begin United States Code, title 5, section 9101 new text end ; 27.31(3) other agencies to the extent necessary to provide for protection of the public or 27.32property in an new text begin a declared new text end emergency or disaster situation; 28.1(4) noncriminal justice agencies statutorily mandated, by state or national law, to 28.2conduct checks into state databases prior to disbursing licenses or providing benefits; 28.3(5) the public authority responsible for child support enforcement in connection 28.4with the performance of its duties; 28.5(6) the public defender, as provided in section 611.272; and 28.6(7) a county attorney or the attorney general, as the county attorney's designee, for 28.7the purpose of determining whether a petition for the civil commitment of a proposed 28.8patient as a sexual psychopathic personality or as a sexually dangerous person should be 28.9filed, and during the pendency of the commitment proceedings new text begin ; new text end 28.10 new text begin (8) an agency of the state or a political subdivision whose access to systems or new text end 28.11 new text begin services provided from or through the bureau is specifically authorized by federal law new text end 28.12 new text begin or regulation or state statute; and new text end 28.13 new text begin (9) a court for access to data as authorized by federal law or regulation or state new text end 28.14 new text begin statute and related to the disposition of a pending case new text end . 28.15(b) The commissioner of public safety shall establish a monthly network access 28.16charge to be paid by each participating criminal justice agency. The network access 28.17charge shall be a standard fee established for each terminal, computer, or other equipment 28.18directly addressable by the data communications network, as follows: January 1, 1984 28.19to December 31, 1984, $40 connect fee per month; January 1, 1985 and thereafter, $50 28.20connect fee per month. 28.21(c) The commissioner of public safety is authorized to arrange for the connection 28.22of the data communications network with the criminal justice information system of 28.23the federal government, any adjacent state, or Canada new text begin country for the secure exchange new text end 28.24 new text begin of information for any of the purposes authorized in paragraph (a), clauses (1), (2), (3), new text end 28.25 new text begin (8) and (9) new text end . 28.26 new text begin (d) Prior to establishing a secure connection, a criminal justice agency that is not new text end 28.27 new text begin part of the Minnesota judicial branch must: new text end 28.28 new text begin (1) agree to comply with all applicable policies governing access to, submission of new text end 28.29 new text begin or use of the data and Minnesota law governing the classification of the data; new text end 28.30 new text begin (2) meet the bureau's security requirements; new text end 28.31 new text begin (3) agree to pay any required fees; and new text end 28.32 new text begin (4) conduct fingerprint-based state and national background checks on its employees new text end 28.33 new text begin and contractors as required by the Federal Bureau of Investigation. new text end 28.34 new text begin (e) Prior to establishing a secure connection, a criminal justice agency that is part of new text end 28.35 new text begin the Minnesota judicial branch must: new text end 29.1 new text begin (1) agree to comply with all applicable policies governing access to, submission new text end 29.2 new text begin of, or use of the data and Minnesota law governing the classification of the data to the new text end 29.3 new text begin extent applicable and with the Rules of Public Access to Records of the Judicial Branch new text end 29.4 new text begin promulgated by the Minnesota Supreme Court; new text end 29.5 new text begin (2) meet the bureau's security requirements; new text end 29.6 new text begin (3) agree to pay any required fees; and new text end 29.7 new text begin (4) conduct fingerprint-based state and national background checks on its employees new text end 29.8 new text begin and contractors as required by the Federal Bureau of Investigation. new text end 29.9 new text begin (f) Prior to establishing a secure connection, a noncriminal justice agency must: new text end 29.10 new text begin (1) agree to comply with all applicable policies governing access to, submission of new text end 29.11 new text begin or use of the data and Minnesota law governing the classification of the data; new text end 29.12 new text begin (2) meet the bureau's security requirements; new text end 29.13 new text begin (3) agree to pay any required fees; and new text end 29.14 new text begin (4) conduct fingerprint-based state and national background checks on its employees new text end 29.15 new text begin and contractors. new text end 29.16 new text begin (g) Those noncriminal justice agencies that do not have a secure network connection new text end 29.17 new text begin yet receive data either retrieved over the secure network by an authorized criminal justice new text end 29.18 new text begin agency or as a result of a state or federal criminal history records check shall conduct a new text end 29.19 new text begin background check as provided in paragraph (g) of those individuals who receive and new text end 29.20 new text begin review the data to determine another individual's eligibility for employment, housing, a new text end 29.21 new text begin license, or another legal right dependent on a statutorily-mandated background check. new text end 29.22 new text begin (h) The background check required by paragraph (e) or (f) is accomplished by new text end 29.23 new text begin submitting a request to the superintendent of the Bureau of Criminal Apprehension new text end 29.24 new text begin that includes a signed, written consent for the Minnesota and national criminal history new text end 29.25 new text begin records check, fingerprints, and the required fee. The superintendent may exchange new text end 29.26 new text begin the fingerprints with the Federal Bureau of Investigation for purposes of obtaining the new text end 29.27 new text begin individual's national criminal history record information. new text end 29.28 new text begin The superintendent shall return the results of the national criminal history records check to new text end 29.29 new text begin the noncriminal justice agency to determine if the individual is qualified to have access to new text end 29.30 new text begin state and federal criminal history record information or the secure network. An individual new text end 29.31 new text begin is disqualified when the state and federal criminal history record information show any of new text end 29.32 new text begin the disqualifiers that the individual will apply to the records of others. new text end 29.33 new text begin When the individual is to have access to the secure network, the noncriminal justice new text end 29.34 new text begin agency shall review the criminal history of each employee or contractor with the Criminal new text end 29.35 new text begin Justice Information Services systems officer at the bureau, or the officer's designee, to new text end 29.36 new text begin determine if the employee or contractor qualifies for access to the secure network. The new text end 30.1 new text begin Criminal Justice Information Services systems officer or the designee shall make the new text end 30.2 new text begin access determination based on Federal Bureau of Investigation policy and Bureau of new text end 30.3 new text begin Criminal Apprehension policy. new text end 30.4    Sec. 30. new text begin [299C.72] MINNESOTA CRIMINAL HISTORY CHECKS. new text end 30.5     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For purposes of this section the following terms have new text end 30.6 new text begin the meaning given. new text end 30.7 new text begin (a) "Applicant for employment" means an individual who seeks either county or city new text end 30.8 new text begin employment or has applied to serve as a volunteer in the county or city. new text end 30.9 new text begin (b) "Applicant for licensure" means the individual seeks a license issued by the new text end 30.10 new text begin county or city which is not subject to a federal- or state-mandated background check. new text end 30.11 new text begin (c) "Authorized law enforcement agency" means the county sheriff for checks new text end 30.12 new text begin conducted for county purposes, the police department for checks conducted for city new text end 30.13 new text begin purposes, or the county sheriff for checks conducted for city purposes where there is no new text end 30.14 new text begin police department. new text end 30.15 new text begin (d) "Criminal history check" means retrieval of criminal history data via the secure new text end 30.16 new text begin network described in section 299C.46. new text end 30.17 new text begin (e) "Criminal history data" means adult convictions and adult open arrests less than new text end 30.18 new text begin one year old found in the Minnesota computerized criminal history repository. new text end 30.19 new text begin (f) "Informed consent" has the meaning given in section 13.05, subdivision 4, new text end 30.20 new text begin paragraph (d). new text end 30.21     new text begin Subd. 2. new text end new text begin Criminal history check authorized. new text end new text begin (a) The criminal history check new text end 30.22 new text begin authorized by this section shall not be used in place of a statutorily-mandated or authorized new text end 30.23 new text begin background check. new text end 30.24 new text begin (b) An authorized law enforcement agency may conduct a criminal history check new text end 30.25 new text begin of an individual who is an applicant for employment or applicant for licensure. Prior new text end 30.26 new text begin to conducting the criminal history check, the authorized law enforcement agency must new text end 30.27 new text begin receive the informed consent of the individual. new text end 30.28 new text begin (c) The authorized law enforcement agency shall not disseminate criminal history new text end 30.29 new text begin data and must maintain it securely with the agency's office. The authorized law enforcement new text end 30.30 new text begin agency can indicate whether the applicant for employment or applicant for licensure has a new text end 30.31 new text begin criminal history that would prevent hire, acceptance as a volunteer to a hiring authority, or new text end 30.32 new text begin would prevent the issuance of a license to the department that issues the license. new text end 30.33    Sec. 31. Minnesota Statutes 2012, section 299F.035, subdivision 1, is amended to read: 31.1    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this 31.2section. 31.3(b) " new text begin Minnesota new text end criminal history data" has the meaning given in section new text begin means new text end 31.4 new text begin adult convictions and juvenile adjudications new text end . 31.5(c) "Criminal justice agency" has the meaning given in section 299C.46, subdivision 31.62 . 31.7(d) "Fire department" has the meaning given in section 299N.01, subdivision 2. 31.8(e) new text begin (d) new text end "Private data" has the meaning given in section 13.02, subdivision 12. 31.9    Sec. 32. Minnesota Statutes 2012, section 299F.035, subdivision 2, is amended to read: 31.10    Subd. 2. Plan for access to data. (a) The superintendent of the Bureau of Criminal 31.11Apprehension, in consultation with the state fire marshal, shall develop and implement 31.12a plan for fire departments to have access to criminal history data new text begin A background check new text end 31.13 new text begin must be conducted on all applicants for employment and may be conducted on current new text end 31.14 new text begin employees at a fire department. The fire chief must conduct a Minnesota criminal history new text end 31.15 new text begin record check. For applicants for employment who have lived in Minnesota for less than new text end 31.16 new text begin five years, or on the request of the fire chief, a national criminal history record check new text end 31.17 new text begin must also be conducted new text end . 31.18(b) The plan must include: 31.19(1) security procedures to prevent unauthorized use or disclosure of private data; and 31.20(2) a procedure for the hiring or employing authority in each fire department to 31.21fingerprint job applicants or employees, submit requests to the Bureau of Criminal 31.22Apprehension, and obtain state and federal criminal history data reports for a nominal fee. 31.23 new text begin (b) For a Minnesota criminal history record check, the fire chief must either (i) new text end 31.24 new text begin submit the signed informed consent of the applicant or employee and the required fee to new text end 31.25 new text begin the superintendent, or (ii) submit the signed informed consent to the chief of police. The new text end 31.26 new text begin superintendent or chief must retrieve Minnesota criminal history data and provide the new text end 31.27 new text begin data to the fire chief for review. new text end 31.28 new text begin (c) For a national criminal history record check, the fire chief must submit the new text end 31.29 new text begin signed informed consent and fingerprints of the applicant or employee, and the required new text end 31.30 new text begin fee, to the superintendent. The superintendent may exchange the fingerprints with the new text end 31.31 new text begin Federal Bureau of Investigation to obtain the individual's national criminal history record new text end 31.32 new text begin information. The superintendent must return the results of the national criminal history new text end 31.33 new text begin record check to the fire chief for the purpose of determining if the applicant is qualified to new text end 31.34 new text begin be employed or if a current employee is able to retain the employee's position. new text end 32.1    Sec. 33. Minnesota Statutes 2012, section 299F.77, is amended to read: 32.2299F.77 ISSUANCE TO CERTAIN PERSONS PROHIBITED. 32.3     new text begin Subdivision 1. new text end new text begin Disqualifiers. new text end The following persons shall not be entitled to receive 32.4an explosives license or permit: 32.5(1) a person under the age of 18 years; 32.6(2) a person who has been convicted in this state or elsewhere of a crime of violence, 32.7as defined in section 299F.72, subdivision 1b, unless ten years have elapsed since the 32.8person's civil rights have been restored or the sentence has expired, whichever occurs first, 32.9and during that time the person has not been convicted of any other crime of violence. For 32.10purposes of this section, crime of violence includes crimes in other states or jurisdictions 32.11that would have been crimes of violence if they had been committed in this state; 32.12(3) a person who is or has ever been confined or committed in Minnesota or 32.13elsewhere as a person who is mentally ill, developmentally disabled, or mentally ill and 32.14dangerous to the public, as defined in section 253B.02, to a treatment facility, unless the 32.15person possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or 32.16other satisfactory proof, that the person is no longer suffering from this disability; 32.17(4) a person who has been convicted in Minnesota or elsewhere for the unlawful 32.18use, possession, or sale of a controlled substance other than conviction for possession of 32.19a small amount of marijuana, as defined in section 152.01, subdivision 16, or who is or 32.20has ever been hospitalized or committed for treatment for the habitual use of a controlled 32.21substance or marijuana, as defined in sections 152.01 and 152.02, unless the person 32.22possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or other 32.23satisfactory proof, that the person has not abused a controlled substance or marijuana 32.24during the previous two years; and 32.25(5) a person who has been confined or committed to a treatment facility in Minnesota 32.26or elsewhere as chemically dependent, as defined in section 253B.02, unless the person 32.27has completed treatment. 32.28     new text begin Subd. 2. new text end new text begin Background check. new text end new text begin (a) For licenses issued by the commissioner under new text end 32.29 new text begin section 299F.73, the applicant for licensure must provide the commissioner with all of new text end 32.30 new text begin the information required by Code of Federal Regulations, title 28, section 25.7. The new text end 32.31 new text begin commissioner shall forward the information to the superintendent of the Bureau of new text end 32.32 new text begin Criminal Apprehension so that criminal records, histories and warrant information on the new text end 32.33 new text begin applicant can be retrieved from the Minnesota Crime Information System and the National new text end 32.34 new text begin Instant Criminal Background Check System, as well as the civil commitment records new text end 32.35 new text begin maintained by the Department of Human Services. The results must be returned to the new text end 32.36 new text begin commissioner to determine if the individual applicant is qualified to receive a license. new text end 33.1 new text begin (b) For permits issued by a county sheriff or chief of police under section 299F.75, new text end 33.2 new text begin the applicant for a permit must provide the county sheriff or chief of police with all of new text end 33.3 new text begin the information required by Code of Federal Regulations, title 28, section 25.7. The new text end 33.4 new text begin county sheriff or chief of police must check, by means of electronic data transfer, criminal new text end 33.5 new text begin records, histories and warrant information on each applicant through the Minnesota Crime new text end 33.6 new text begin Information System and the National Instant Criminal Background Check System, as well new text end 33.7 new text begin as the civil commitment records maintained by the Department of Human Services. The new text end 33.8 new text begin county sheriff or chief of police shall use the results of the query to determine if the new text end 33.9 new text begin individual applicant is qualified to receive a permit. new text end 33.10    Sec. 34. Minnesota Statutes 2012, section 340A.301, subdivision 2, is amended to read: 33.11    Subd. 2. Persons eligible. new text begin (a) new text end Licenses under this section may be issued only to 33.12a person who: 33.13(1) is of good moral character and repute; 33.14(2) is 21 years of age or older; 33.15(3) has not had a license issued under this chapter revoked within five years of the 33.16date of license application, or to any person who at the time of the violation owns any 33.17interest, whether as a holder of more than five percent of the capital stock of a corporation 33.18licensee, as a partner or otherwise, in the premises or in the business conducted thereon, 33.19or to a corporation, partnership, association, enterprise, business, or firm in which any 33.20such person is in any manner interested; and 33.21(4) has not been convicted within five years of the date of license application of a 33.22felony, or of a willful violation of a federal or state law, or local ordinance governing 33.23the manufacture, sale, distribution, or possession for sale or distribution of alcoholic 33.24beverages. The Alcohol and Gambling Enforcement Division may require that fingerprints 33.25be taken and may forward the fingerprints to the Federal Bureau of Investigation for 33.26purposes of a criminal history check. 33.27 new text begin (b) In order to determine if an individual has a felony or willful violation of federal new text end 33.28 new text begin or state law governing the manufacture, sale, distribution, or possession for sale or new text end 33.29 new text begin distribution of an alcoholic beverage, the applicant for a license to manufacture or sell new text end 33.30 new text begin at wholesale must provide the commissioner with their signed, written informed consent new text end 33.31 new text begin to conduct a background check. The commissioner may query the Minnesota criminal new text end 33.32 new text begin history repository for records on the applicant. If the commissioner conducts a national new text end 33.33 new text begin criminal history record check, the commissioner must obtain fingerprints from the new text end 33.34 new text begin applicant and forward them and the required fee to the superintendent of the Bureau new text end 33.35 new text begin of Criminal Apprehension. The superintendent may exchange the fingerprints with the new text end 34.1 new text begin Federal Bureau of Investigation for purposes of obtaining the applicant's national criminal new text end 34.2 new text begin history record information. The superintendent shall return the results of the national new text end 34.3 new text begin criminal history records check to the commissioner for the purpose of determining if the new text end 34.4 new text begin applicant is qualified to receive a license. new text end 34.5    Sec. 35. Minnesota Statutes 2012, section 340A.402, is amended to read: 34.6340A.402 PERSONS ELIGIBLE. 34.7     new text begin Subdivision 1. new text end new text begin Disqualifiers. new text end No retail license may be issued to: 34.8(1) a person under 21 years of age; 34.9(2) a person who has had an intoxicating liquor or 3.2 percent malt liquor license 34.10revoked within five years of the license application, or to any person who at the time of 34.11the violation owns any interest, whether as a holder of more than five percent of the capital 34.12stock of a corporation licensee, as a partner or otherwise, in the premises or in the business 34.13conducted thereon, or to a corporation, partnership, association, enterprise, business, or 34.14firm in which any such person is in any manner interested; 34.15(3) a person not of good moral character and repute; or 34.16(4) a person who has a direct or indirect interest in a manufacturer, brewer, or 34.17wholesaler. 34.18In addition, no new retail license may be issued to, and the governing body of a 34.19municipality may refuse to renew the license of, a person who, within five years of the 34.20license application, has been convicted of a felony or a willful violation of a federal or 34.21state law or local ordinance governing the manufacture, sale, distribution, or possession 34.22for sale or distribution of an alcoholic beverage. The Alcohol and Gambling Enforcement 34.23Division or licensing authority may require that fingerprints be taken and forwarded to the 34.24Federal Bureau of Investigation for purposes of a criminal history check. 34.25     new text begin Subd. 2. new text end new text begin Background check. new text end new text begin (a) A retail liquor license may be issued by a city, new text end 34.26 new text begin a county, or the commissioner. The chief of police is responsible for the background new text end 34.27 new text begin checks prior to a city issuing a retail liquor license. A county sheriff is responsible for the new text end 34.28 new text begin background checks prior to the county issuing a retail liquor license and for those cities new text end 34.29 new text begin that do not have a police department. The commissioner is responsible for the background new text end 34.30 new text begin checks prior to the state issuing a retail liquor license. new text end 34.31 new text begin (b) The applicant for a retail license must provide the appropriate authority with new text end 34.32 new text begin the applicant's signed, written informed consent to conduct a background check. The new text end 34.33 new text begin appropriate authority is authorized to query the Minnesota criminal history repository for new text end 34.34 new text begin records on the applicant. If the appropriate authority conducts a national criminal history new text end 34.35 new text begin records check, the appropriate authority must obtain fingerprints from the applicant new text end 35.1 new text begin and forward the fingerprints and the required fee to the superintendent of the Bureau new text end 35.2 new text begin of Criminal Apprehension. The superintendent may exchange the fingerprints with the new text end 35.3 new text begin Federal Bureau of Investigation for purposes of obtaining the applicant's national criminal new text end 35.4 new text begin history record information. The superintendent shall return the results of the national new text end 35.5 new text begin criminal history records check to the appropriate authority for the purpose of determining new text end 35.6 new text begin if the applicant is qualified to receive a license. new text end 35.7    Sec. 36. Minnesota Statutes 2012, section 611.272, is amended to read: 35.8611.272 ACCESS TO GOVERNMENT DATA. 35.9The district public defender, the state public defender, or an attorney working for 35.10a public defense corporation under section 611.216 has access to the criminal justice 35.11data communications network described in section 299C.46, as provided in this section. 35.12Access to data under this section is limited to data necessary to prepare criminal cases in 35.13which the public defender has been appointed as follows: 35.14(1) access to data about witnesses in a criminal case shall be limited to records of 35.15criminal convictions new text begin , custody status, custody history, aliases and known monikers, race, new text end 35.16 new text begin probation status, identity of probation officer, and booking photos new text end ; and 35.17(2) access to data regarding the public defender's own client which includes, but 35.18is not limited to, criminal history data under section 13.87; juvenile offender data under 35.19section 299C.095; warrant information data under section 299C.115; incarceration data 35.20under section 299C.14; conditional release data under section 241.065; and diversion 35.21program data under section 299C.46, subdivision 5. 35.22The public defender has access to data under this section, whether accessed via the 35.23integrated search service as defined in section 13.873 or other methods. The public 35.24defender does not have access to law enforcement active investigative data under section 35.2513.82, subdivision 7 ; data protected under section 13.82, subdivision 17; confidential 35.26arrest warrant indices data under section 13.82, subdivision 19; or data systems maintained 35.27by a prosecuting attorney. The public defender has access to the data at no charge, except 35.28for the monthly network access charge under section 299C.46, subdivision 3, paragraph 35.29(b), and a reasonable installation charge for a terminal. Notwithstanding section 13.87, 35.30subdivision 3 ; 299C.46, subdivision 3, paragraph (b); 299C.48, or any other law to the 35.31contrary, there shall be no charge to public defenders for Internet access to the criminal 35.32justice data communications network. 35.33    Sec. 37. Minnesota Statutes 2012, section 611A.203, subdivision 4, is amended to read: 36.1    Subd. 4. Duties; access to data. (a) The domestic fatality review team shall collect, 36.2review, and analyze death certificates and death data, including investigative reports, 36.3medical and counseling records, victim service records, employment records, child abuse 36.4reports, or other information concerning domestic violence deaths, survivor interviews 36.5and surveys, and other information deemed by the team as necessary and appropriate 36.6concerning the causes and manner of domestic violence deaths. 36.7    (b) The review team has access to the following not public data, as defined in 36.8section 13.02, subdivision 8a, relating to a case being reviewed by the team: inactive 36.9law enforcement investigative data under section 13.82; autopsy records and coroner or 36.10medical examiner investigative data under section 13.83; hospital, public health, or other 36.11medical records of the victim under section 13.384; records under section 13.46, created 36.12by social service agencies that provided services to the victim, the alleged perpetrator, or 36.13another victim who experienced or was threatened with domestic abuse by the perpetrator; 36.14and child maltreatment records under section 626.556, relating to the victim or a family or 36.15household member of the victim. Access to medical records under this paragraph also 36.16includes records governed by sections 144.291 to 144.298. new text begin The review team has access to new text end 36.17 new text begin corrections and detention data as provided in section 13.85. new text end 36.18    (c) As part of any review, the domestic fatality review team may compel the 36.19production of other records by applying to the district court for a subpoena, which will be 36.20effective throughout the state according to the Rules of Civil Procedure. 36.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 36.22    Sec. 38. Minnesota Statutes 2012, section 626.556, subdivision 7, is amended to read: 36.23    Subd. 7. Report new text begin ; information provided to parent new text end . (a) An oral report shall be made 36.24immediately by telephone or otherwise. An oral report made by a person required under 36.25subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and 36.26holidays, by a report in writing to the appropriate police department, the county sheriff, the 36.27agency responsible for assessing or investigating the report, or the local welfare agency, 36.28unless the appropriate agency has informed the reporter that the oral information does 36.29not constitute a report under subdivision 10. The local welfare agency shall determine 36.30if the report is accepted for an assessment or investigation as soon as possible but in no 36.31event longer than 24 hours after the report is received. Any report shall be of sufficient 36.32content to identify the child, any person believed to be responsible for the abuse or neglect 36.33of the child if the person is known, the nature and extent of the abuse or neglect and the 36.34name and address of the reporter. If requested, the local welfare agency or the agency 36.35responsible for assessing or investigating the report shall inform the reporter within ten 37.1days after the report is made, either orally or in writing, whether the report was accepted 37.2for assessment or investigation. Written reports received by a police department or the 37.3county sheriff shall be forwarded immediately to the local welfare agency or the agency 37.4responsible for assessing or investigating the report. The police department or the county 37.5sheriff may keep copies of reports received by them. Copies of written reports received by 37.6a local welfare department or the agency responsible for assessing or investigating the 37.7report shall be forwarded immediately to the local police department or the county sheriff. 37.8(b) Notwithstanding paragraph (a), the commissioner of education must inform the 37.9parent, guardian, or legal custodian of the child who is the subject of a report of alleged 37.10maltreatment in a school facility within ten days of receiving the report, either orally or 37.11in writing, whether the commissioner is assessing or investigating the report of alleged 37.12maltreatment. 37.13    (c) new text begin Regardless of whether a report is made under this subdivision, as soon as new text end 37.14 new text begin practicable after a school receives information regarding an incident that may constitute new text end 37.15 new text begin maltreatment of a child in a school facility, the school shall inform the parent, legal new text end 37.16 new text begin guardian, or custodian of the child that an incident has occurred that may constitute new text end 37.17 new text begin maltreatment of the child, when the incident occurred, and the nature of the conduct new text end 37.18 new text begin that may constitute maltreatment. new text end 37.19     new text begin (d) new text end A written copy of a report maintained by personnel of agencies, other than 37.20welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential. 37.21An individual subject of the report may obtain access to the original report as provided 37.22by subdivision 11. 37.23    Sec. 39. new text begin NEWBORN SCREENING PROGRAM STUDY. new text end 37.24 new text begin (a) The commissioner of health, in consultation with the medical research and new text end 37.25 new text begin advocacy groups identified in paragraph (b), shall review the newborn screening programs new text end 37.26 new text begin in Minnesota Statutes, section 144.125, and evaluate the scientific and medical validity of new text end 37.27 new text begin a comprehensive and sustainable long-term storage and use plan for the test results under new text end 37.28 new text begin Minnesota Statutes, section 144.125. The commissioner shall consider the following: new text end 37.29 new text begin (1) peer-reviewed medical research into the diagnosis and treatment of heritable new text end 37.30 new text begin and congenital disease; new text end 37.31 new text begin (2) strategies for education of parents and families about the utility of advancing new text end 37.32 new text begin new knowledge through research on blood spots and test data made possible by long-term new text end 37.33 new text begin storage and use; new text end 37.34 new text begin (3) plans and protocols for clinical and research access to test result data; new text end 38.1 new text begin (4) minimizing the administrative burden on hospitals and health care providers in new text end 38.2 new text begin the operation of the newborn screening program; new text end 38.3 new text begin (5) the adequacy of current law on the standard retention period for test results under new text end 38.4 new text begin Minnesota Statutes, section 144.125, subdivision 6; and new text end 38.5 new text begin (6) privacy concerns associated with parental consent options and long-term storage new text end 38.6 new text begin and use of blood samples and test data. new text end 38.7 new text begin (b) As part of the evaluation, the commissioner shall consult with medical research new text end 38.8 new text begin and data privacy experts, including, but not limited to, specialists in metabolic care, new text end 38.9 new text begin immunology, pediatrics, epidemiology, nutrition, pulmonology, cardiology, endocrinology, new text end 38.10 new text begin hematology, hearing care, and medical genetics, as well as patient advocacy and data new text end 38.11 new text begin privacy groups. new text end 38.12 new text begin (c) By February 1, 2014, the commissioner shall submit a report to the chairs and new text end 38.13 new text begin ranking minority members of the senate and house of representatives committees and new text end 38.14 new text begin divisions with primary jurisdiction on health and human services and data privacy on new text end 38.15 new text begin comprehensive and sustainable long-term storage and usage of the test results. new text end 38.16 new text begin (d) The commissioner shall conduct the evaluation required under this section within new text end 38.17 new text begin existing appropriations. new text end 38.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2013. new text end 38.19    Sec. 40. new text begin DESTRUCTION OF MILEAGE-BASED USER FEE DATA. new text end 38.20 new text begin Notwithstanding Minnesota Statutes, section 138.17, data classified as not public new text end 38.21 new text begin pursuant to a temporary classification of the commissioner of administration related to new text end 38.22 new text begin the mileage-based user fee pilot project established by Laws 2007, chapter 143, article 1, new text end 38.23 new text begin section 3, subdivision 3, paragraph (a), clause (1), shall be destroyed no later than July 31, new text end 38.24 new text begin 2013. This section does not apply to summary data on types of vehicles used and road new text end 38.25 new text begin usage, provided that the data do not identify participants or contain other characteristics new text end 38.26 new text begin that could uniquely identify participants. new text end 38.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 38.28    Sec. 41. new text begin REPEALER. new text end 38.29 new text begin Minnesota Statutes 2012, section 299A.28, new text end new text begin is repealed. new text end " 38.30Delete the title and insert: 38.31"A bill for an act 38.32relating to state government; classifying or modifying certain provisions 38.33concerning data practices; requiring informed consent; amending definitions; 38.34allowing disclosure of certain data; allowing access to certain records; making 38.35technical changes; modifying certain provisions regarding transportation and 39.1health data; modifying certain provisions regarding criminal history records, 39.2criminal background checks, and other criminal justice data provisions; clarifying 39.3provisions regarding data on homestead and other tax applications; extending for 39.4six years the sunset provision for the newborn screening advisory committee; 39.5requiring a newborn screening program study; providing for destruction of 39.6data from mileage-based user fee pilot project; repealing the McGruff safe 39.7house program;amending Minnesota Statutes 2012, sections 13.37, subdivision 39.81; 13.386, subdivision 3; 13.43, subdivisions 2, 14; 13.4965, subdivision 3; 39.913.64, subdivision 2; 13.72, subdivision 10, by adding subdivisions; 144.966, 39.10subdivisions 2, 3, 4, by adding a subdivision; 171.07, subdivision 1a; 241.065, 39.11subdivision 4; 268.19, subdivision 1; 273.124, subdivision 13; 273.1315, 39.12subdivisions 1, 2; 290A.25; 299C.11, subdivision 1; 299C.46, subdivisions 1, 2, 39.132a, 3; 299F.035, subdivisions 1, 2; 299F.77; 340A.301, subdivision 2; 340A.402; 39.14611.272; 611A.203, subdivision 4; 626.556, subdivision 7; proposing coding 39.15for new law in Minnesota Statutes, chapters 13; 144; 273; 299C; repealing 39.16Minnesota Statutes 2012, section 299A.28." 40.1 We request the adoption of this report and repassage of the bill. 40.2 Senate Conferees: 40.3 ..... ..... 40.4 Kari Dziedzic Ron Latz 40.5 ..... 40.6 Julie A. Rosen 40.7 House Conferees: 40.8 ..... ..... 40.9 Steve Simon Peggy Scott 40.10 ..... 40.11 John Lesch