Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1998, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 371-S.F.No. 1378
An act relating to government data practices;
providing for the classification of and access to
government data; providing for data privacy for
certain audit information; classifying certain law
enforcement data; providing that certain documents may
be classified as nonpublic data until negotiations
with vendors and best and final offers are received;
making technical and clarifying changes to tax
disclosure provisions; amending Minnesota Statutes
1996, sections 13.794, subdivision 1; 13.82, by adding
a subdivision; 13.85, subdivision 2; 13.99, by adding
subdivisions; 168.346; 171.12, subdivision 1; 270B.02,
subdivision 3; 270B.03, subdivision 6; 270B.12,
subdivision 6; and 629.341, subdivision 4; Minnesota
Statutes 1997 Supplement, sections 13.37, subdivision
1; 13.46, subdivision 2; 260.161, subdivision 1;
268.19; 270B.01, subdivision 8; 299C.095, subdivision
2; and 471A.03, subdivision 3; repealing Minnesota
Statutes 1996, section 270.10, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1997 Supplement, section
13.37, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them.
(a) "Security information" means government data the
disclosure of which would be likely to substantially jeopardize
the security of information, possessions, individuals or
property against theft, tampering, improper use, attempted
escape, illegal disclosure, trespass, or physical injury.
"Security information" includes crime prevention block maps and
lists of volunteers who participate in community crime
prevention programs and their home addresses and telephone
numbers.
(b) "Trade secret information" means government data,
including a formula, pattern, compilation, program, device,
method, technique or process (1) that was supplied by the
affected individual or organization, (2) that is the subject of
efforts by the individual or organization that are reasonable
under the circumstances to maintain its secrecy, and (3) that
derives independent economic value, actual or potential, from
not being generally known to, and not being readily
ascertainable by proper means by, other persons who can obtain
economic value from its disclosure or use.
(c) "Labor relations information" means management
positions on economic and noneconomic items that have not been
presented during the collective bargaining process or interest
arbitration, including information specifically collected or
created to prepare the management position.
(d) "Parking space leasing data" means the following
government data on an applicant for, or lessee of, a parking
space: residence address, home telephone number, beginning and
ending work hours, place of employment, and work telephone
number, and location of the parking space.
(e) "Internal competitive proposal" means a proposal to
provide government services that is prepared by the staff of a
political subdivision in competition with proposals solicited by
the political subdivision from the private sector.
Sec. 2. Minnesota Statutes 1997 Supplement, section 13.46,
subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a) Unless the data is summary data or
a statute specifically provides a different classification, data
on individuals collected, maintained, used, or disseminated by
the welfare system is private data on individuals, and shall not
be disclosed except:
(1) according to section 13.05;
(2) according to court order;
(3) according to a statute specifically authorizing access
to the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in
the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;
(5) to personnel of the welfare system who require the data
to determine eligibility, amount of assistance, and the need to
provide services of additional programs to the individual;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the
same program;
(8) the amounts of cash public assistance and relief paid
to welfare recipients in this state, including their names,
social security numbers, income, addresses, and other data as
required, upon request by the department of revenue to
administer the property tax refund law, supplemental housing
allowance, early refund of refundable tax credits, and the
income tax. "Refundable tax credits" means the dependent care
credit under section 290.067, the Minnesota working family
credit under section 290.0671, the property tax refund under
section 290A.04, and, if the required federal waiver or waivers
are granted, the federal earned income tax credit under section
32 of the Internal Revenue Code;
(9) to between the department of human services and the
Minnesota department of economic security for the purpose of
monitoring the eligibility of the data subject for reemployment
insurance, for any employment or training program administered,
supervised, or certified by that agency, or for the purpose of
administering any rehabilitation program, whether alone or in
conjunction with the welfare system, and to verify receipt of
energy assistance for the telephone assistance plan or to
monitor and evaluate the statewide Minnesota family investment
program by exchanging data on recipients and former recipients
of food stamps, cash assistance under chapter 256, 256D, 256J,
or 256K, child care assistance under chapter 119B, or medical
programs under chapter 256B, 256D, or 256L;
(10) to appropriate parties in connection with an emergency
if knowledge of the information is necessary to protect the
health or safety of the individual or other individuals or
persons;
(11) data maintained by residential programs as defined in
section 245A.02 may be disclosed to the protection and advocacy
system established in this state according to Part C of Public
Law Number 98-527 to protect the legal and human rights of
persons with mental retardation or other related conditions who
live in residential facilities for these persons if the
protection and advocacy system receives a complaint by or on
behalf of that person and the person does not have a legal
guardian or the state or a designee of the state is the legal
guardian of the person;
(12) to the county medical examiner or the county coroner
for identifying or locating relatives or friends of a deceased
person;
(13) data on a child support obligor who makes payments to
the public agency may be disclosed to the higher education
services office to the extent necessary to determine eligibility
under section 136A.121, subdivision 2, clause (5);
(14) participant social security numbers and names
collected by the telephone assistance program may be disclosed
to the department of revenue to conduct an electronic data match
with the property tax refund database to determine eligibility
under section 237.70, subdivision 4a;
(15) the current address of a recipient of aid to families
with dependent children or Minnesota family investment
program-statewide may be disclosed to law enforcement officers
who provide the name of the recipient and notify the agency that:
(i) the recipient:
(A) is a fugitive felon fleeing to avoid prosecution, or
custody or confinement after conviction, for a crime or attempt
to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or
(B) is violating a condition of probation or parole imposed
under state or federal law;
(ii) the location or apprehension of the felon is within
the law enforcement officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of those duties;
(16) the current address of a recipient of general
assistance or general assistance medical care may be disclosed
to probation officers and corrections agents who are supervising
the recipient and to law enforcement officers who are
investigating the recipient in connection with a felony level
offense;
(17) information obtained from food stamp applicant or
recipient households may be disclosed to local, state, or
federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the
Food Stamp Act, according to Code of Federal Regulations, title
7, section 272.1(c);
(18) the address, social security number, and, if
available, photograph of any member of a household receiving
food stamps shall be made available, on request, to a local,
state, or federal law enforcement officer if the officer
furnishes the agency with the name of the member and notifies
the agency that:
(i) the member:
(A) is fleeing to avoid prosecution, or custody or
confinement after conviction, for a crime or attempt to commit a
crime that is a felony in the jurisdiction the member is
fleeing;
(B) is violating a condition of probation or parole imposed
under state or federal law; or
(C) has information that is necessary for the officer to
conduct an official duty related to conduct described in subitem
(A) or (B);
(ii) locating or apprehending the member is within the
officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of the officer's official duty;
(19) certain information regarding child support obligors
who are in arrears may be made public according to section
518.575;
(20) data on child support payments made by a child support
obligor and data on the distribution of those payments excluding
identifying information on obligees may be disclosed to all
obligees to whom the obligor owes support, and data on the
enforcement actions undertaken by the public authority and, the
status of those actions, and data on the income of the obligor
or obligee may be disclosed to the other party;
(21) data in the work reporting system may be disclosed
under section 256.998, subdivision 7;
(22) to the department of children, families, and learning
for the purpose of matching department of children, families,
and learning student data with public assistance data to
determine students eligible for free and reduced price meals,
meal supplements, and free milk according to United States Code,
title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to
produce accurate numbers of students receiving aid to families
with dependent children or Minnesota family investment
program-statewide as required by section 124.175; and to
allocate federal and state funds that are distributed based on
income of the student's family; and to verify receipt of energy
assistance for the telephone assistance plan;
(23) the current address and telephone number of program
recipients and emergency contacts may be released to the
commissioner of health or a local board of health as defined in
section 145A.02, subdivision 2, when the commissioner or local
board of health has reason to believe that a program recipient
is a disease case, carrier, suspect case, or at risk of illness,
and the data are necessary to locate the person; or
(24) to other state agencies, statewide systems, and
political subdivisions of this state, including the attorney
general, and agencies of other states, interstate information
networks, federal agencies, and other entities as required by
federal regulation or law for the administration of the child
support enforcement program;
(25) to personnel of public assistance programs as defined
in section 256.741, for access to the child support system
database for the purpose of administration, including monitoring
and evaluation of those public assistance programs; or
(26) to monitor and evaluate the statewide Minnesota family
investment program by exchanging data between the departments of
human services and children, families, and learning, on
recipients and former recipients of food stamps, cash assistance
under chapter 256, 256D, 256J, or 256K, child care assistance
under chapter 119B, or medical programs under chapter 256B,
256D, or 256L.
(b) Information on persons who have been treated for drug
or alcohol abuse may only be disclosed according to the
requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.
(c) Data provided to law enforcement agencies under
paragraph (a), clause (15), (16), (17), or (18), or paragraph
(b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are
private after the investigation becomes inactive under section
13.82, subdivision 5, paragraph (a) or (b).
(d) Mental health data shall be treated as provided in
subdivisions 7, 8, and 9, but is not subject to the access
provisions of subdivision 10, paragraph (b).
Sec. 3. Minnesota Statutes 1996, section 13.794,
subdivision 1, is amended to read:
Subdivision 1. [CONFIDENTIAL DATA OR PROTECTED NONPUBLIC
DATA.] Data, notes, and preliminary drafts of reports created,
collected, and maintained by the internal audit offices of state
agencies and political subdivisions, or persons performing
audits for state agencies and political subdivisions, and
relating to an audit or investigation are confidential data on
individuals or protected nonpublic data until the final report
has been published or the audit or investigation is no longer
being pursued actively., except that the data shall be disclosed
as required to comply with section 6.67 or 609.456. This
section does not limit in any way:
(1) the state auditor's access to government data of
political subdivisions or data, notes, or preliminary drafts of
reports of persons performing audits for political subdivisions;
or
(2) the public or a data subject's access to data
classified by section 13.43.
Sec. 4. Minnesota Statutes 1996, section 13.82, is amended
by adding a subdivision to read:
Subd. 3b. [DOMESTIC ABUSE DATA.] The written police report
required by section 629.341, subdivision 4, of an alleged
incident described in section 629.341, subdivision 1, and arrest
data, request for service data, and response or incident data
described in subdivision 2, 3, or 4 that arise out of this type
of incident or out of an alleged violation of an order for
protection must be released upon request at no cost to an
organization designated by the Minnesota center for crime
victims services, the department of corrections, or the
department of public safety as providing services to victims of
domestic abuse. The executive director or the commissioner of
the appropriate state agency shall develop written criteria for
this designation in consultation with the battered women's
advisory council.
Sec. 5. Minnesota Statutes 1996, section 13.85,
subdivision 2, is amended to read:
Subd. 2. [PRIVATE DATA.] Unless the data are summary data
or arrest data, or a statute specifically provides a different
classification, corrections and detention data on individuals
are classified as private pursuant to section 13.02, subdivision
12, to the extent that the release of the data would either (a)
disclose personal, medical, psychological, or financial
information, or personal information not related to their lawful
confinement or detainment or (b) endanger an individual's life.
Sec. 6. Minnesota Statutes 1996, section 13.99, is amended
by adding a subdivision to read:
Subd. 97b. [CAPITAL INTENSIVE PUBLIC SERVICE PROPOSALS AND
NEGOTIATION DOCUMENTS.] Proposals received from vendors, and all
government data received from vendors or generated by a
municipality relating to negotiations with vendors, for capital
intensive public services are classified under section 471A.03,
subdivision 3.
Sec. 7. Minnesota Statutes 1996, section 13.99, is amended
by adding a subdivision to read:
Subd. 114a. [DOMESTIC ABUSE POLICE REPORTS.] Police
reports on domestic incidents are classified under section
629.341.
Sec. 8. Minnesota Statutes 1996, section 168.346, is
amended to read:
168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.]
(a) The registered owner of a motor vehicle may request in
writing that the owner's residence address or name and residence
address be classified as private data on individuals, as defined
in section 13.02, subdivision 12. The commissioner shall grant
the classification upon receipt of a signed statement by the
owner that the classification is required for the safety of the
owner or the owner's family, if the statement also provides a
valid, existing address where the owner consents to receive
service of process. The commissioner shall use the mailing
address in place of the residence address in all documents and
notices pertaining to the motor vehicle. The residence address
or name and residence address and any information provided in
the classification request, other than the mailing address, are
private data on individuals and may be provided to requesting
law enforcement agencies, probation and parole agencies, and
public authorities, as defined in section 518.54, subdivision 9.
(b) An individual registered owner of a motor vehicle must
be informed in a clear and conspicuous manner on the forms for
issuance or renewal of titles and registrations, that the
owner's personal information may be disclosed to any person who
makes a request for the personal information, and that, except
for uses permitted by United States Code, title 18, section
2721, clause (b), the registered owner may prohibit disclosure
of the personal information by so indicating on the form. For
purposes of this paragraph, access by requesters making requests
described in section 168.345, subdivision 4, is deemed to be
related to public safety.
(c) At the time of registration or renewal, the individual
registered owner of a motor vehicle must also be informed in a
clear and conspicuous manner on forms that the owner's personal
information may be used, rented, or sold solely for bulk
distribution by organizations for business purposes including
surveys, marketing, and solicitation. The commissioner shall
implement methods and procedures that enable the registered
owner to request that bulk surveys, marketing, or solicitation
not be directed to the owner. If the registered owner so
requests, the commissioner shall implement the request in a
timely manner and the personal information may not be so used.
(d) To the extent permitted by United States Code, title
18, section 2721, data on individuals provided to register a
motor vehicle is public data on individuals and shall be
disclosed as permitted by United States Code, title 18, section
2721, clause (b).
Sec. 9. Minnesota Statutes 1996, section 171.12,
subdivision 1, is amended to read:
Subdivision 1. [LICENSES FILED IN ALPHABETICAL ORDER.] The
department shall file every application for a driver's license
received by it and shall maintain suitable indices containing,
in alphabetical order:
(1) all applications denied and the reason for denial;
(2) all applications granted; and
(3) the name of every person whose license has been
suspended, revoked, or canceled or who has been disqualified
from operating a commercial motor vehicle by the department, and
after each name the reasons for the action.
Notwithstanding section 260.161, data revealing that the
reason for the action under clause (3) is an order of the
juvenile court are accessible to the public.
Sec. 10. Minnesota Statutes 1997 Supplement, section
260.161, subdivision 1, is amended to read:
Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] (a) The
juvenile court judge shall keep such minutes and in such manner
as the court deems necessary and proper. Except as provided in
paragraph (b), the court shall keep and maintain records
pertaining to delinquent adjudications until the person reaches
the age of 28 years and shall release the records on an
individual to another juvenile court that has jurisdiction of
the juvenile, to a requesting adult court for purposes of
sentencing, or to an adult court or juvenile court as required
by the right of confrontation of either the United States
Constitution or the Minnesota Constitution. The juvenile court
shall provide, upon the request of any other juvenile court,
copies of the records concerning adjudications involving the
particular child. The court also may provide copies of records
concerning delinquency adjudications, on request, to law
enforcement agencies, probation officers, and corrections agents
if the court finds that providing these records serves public
safety or is in the best interests of the child. Until July 1,
1999, juvenile court delinquency proceeding records of
adjudications, court transcripts, and delinquency petitions,
including any probable cause attachments that have been filed or
police officer reports relating to a petition, must be released
to requesting law enforcement agencies and prosecuting
authorities for purposes of investigating and prosecuting
violations of section 609.229, provided that psychological or
mental health reports may not be included with those records.
The records have the same data classification in the hands of
the agency receiving them as they had in the hands of the court
the records may release the records only as permitted under this
section or authorized by law.
The court shall also keep an index in which files
pertaining to juvenile matters shall be indexed under the name
of the child. After the name of each file shall be shown the
file number and, if ordered by the court, the book and page of
the register in which the documents pertaining to such file are
listed. The court shall also keep a register properly indexed
in which shall be listed under the name of the child all
documents filed pertaining to the child and in the order filed.
The list shall show the name of the document and the date of
filing thereof. The juvenile court legal records shall be
deposited in files and shall include the petition, summons,
notice, findings, orders, decrees, judgments, and motions and
such other matters as the court deems necessary and proper.
Unless otherwise provided by law, all court records shall be
open at all reasonable times to the inspection of any child to
whom the records relate, and to the child's parent and guardian.
(b) The court shall retain records of the court finding
that a juvenile committed an act that would be a felony or gross
misdemeanor level offense until the offender reaches the age of
28. If the offender commits a felony as an adult, or the court
convicts a child as an extended jurisdiction juvenile, the court
shall retain the juvenile records for as long as the records
would have been retained if the offender had been an adult at
the time of the juvenile offense. This paragraph does not apply
unless the juvenile was provided counsel as required by section
260.155, subdivision 2.
Sec. 11. Minnesota Statutes 1997 Supplement, section
268.19, is amended to read:
268.19 [INFORMATION.]
(a) Except as hereinafter otherwise provided by this
section, data gathered from any employing unit employer or
individual pursuant to the administration of sections 268.03 to
268.23, and from any determination as to the benefit rights of
any individual are private data on individuals or nonpublic data
not on individuals as defined in section 13.02, subdivisions 9
and 12, and may not be disclosed except pursuant to a court
order or section 13.05. These data may be disseminated to and
used by the following agencies without the consent of the
subject of the data:
(a) (1) state and federal agencies specifically authorized
access to the data by state or federal law;
(b) (2) any agency of this Minnesota or any other state; or
any federal agency charged with the administration of an
employment security law or the maintenance of a system of public
employment offices;
(c) local (3) human rights groups agencies within the
state which Minnesota that have enforcement powers;
(d) (4) the department of revenue shall have access to
department of economic security private data on individuals and
nonpublic data not on individuals only to the extent necessary
for enforcement of Minnesota tax laws;
(e) (5) public and private agencies responsible for
administering publicly financed assistance programs for the
purpose of monitoring the eligibility of the program's
recipients;
(f) (6) the department of labor and industry on an
interchangeable basis with the department of economic security
subject to the following limitations and notwithstanding any law
to the contrary:
(1) (i) the department of economic security shall have
access to private data on individuals and nonpublic data not on
individuals for uses consistent with the administration of its
duties under sections 268.03 to 268.23; and
(2) (ii) the department of labor and industry shall have
access to private data on individuals and nonpublic data not on
individuals for uses consistent with the administration of its
duties under state Minnesota law;
(g) (7) the department of trade and economic development
may have access to private data on individual employing units
employers and nonpublic data not on individual employing units
employers for its internal use only; when received by the
department of trade and economic development, the data remain
private data on individuals or nonpublic data;
(h) (8) local and state welfare agencies for monitoring the
eligibility of the data subject for assistance programs, or for
any employment or training program administered by those
agencies, whether alone, in combination with another welfare
agency, or in conjunction with the department of economic
security or to monitor and evaluate the statewide Minnesota
family investment program by providing data on recipients and
former recipients of food stamps, cash assistance under chapter
256, 256D, 256J, or 256K, child care assistance under chapter
119B, or medical programs under chapter 256B, 256D, or 256L;
(i) (9) local, state, and federal law enforcement agencies
for the sole purpose of ascertaining the last known address and
employment location of the data subject, provided the data
subject is the subject of a criminal investigation; and
(j) (10) the department of health may have access to
private data on individuals and nonpublic data not on
individuals solely for the purposes of epidemiologic
investigations.
(b) Data on individuals and employing units which employers
that are collected, maintained, or used by the department in an
investigation pursuant to section 268.182 are confidential as to
data on individuals and protected nonpublic data not on
individuals as defined in section 13.02, subdivisions 3 and 13,
and shall not be disclosed except pursuant to statute or court
order or to a party named in a criminal proceeding,
administrative or judicial, for preparation of a defense.
(c) Tape recordings and transcripts of recordings of
proceedings conducted in accordance with section 268.105 and
exhibits received into evidence at those proceedings are private
data on individuals and nonpublic data not on individuals and
shall be disclosed only pursuant to the administration of
section 268.105, or pursuant to a court order.
Aggregate data about employers compiled from individual job
orders placed with the department of economic security are
private data on individuals and nonpublic data not on
individuals as defined in section 13.02, subdivisions 9 and 12,
if the commissioner determines that divulging the data would
result in disclosure of the identity of the employer.
(d) The department may disseminate an employer's name,
address, industry code, occupations employed, and the number of
employees by ranges of not less than 100 for the purpose of
assisting individuals using the Minnesota workforce center
system in obtaining employment.
(e) The general aptitude test battery and the nonverbal
aptitude test battery as administered by the department are also
classified as private data on individuals or nonpublic data.
(f) Data on individuals collected, maintained, or created
because an individual applies for benefits or services provided
by the energy assistance and weatherization programs
administered by the department of economic security is private
data on individuals and shall not be disseminated except
pursuant to section 13.05, subdivisions 3 and 4.
(g) Data gathered by the department pursuant to the
administration of sections 268.03 to 268.23 shall not be made
the subject or the basis for any suit in any civil proceedings,
administrative or judicial, unless the action is initiated by
the department.
Sec. 12. Minnesota Statutes 1997 Supplement, section
270B.01, subdivision 8, is amended to read:
Subd. 8. [MINNESOTA TAX LAWS.] For purposes of this
chapter only, unless expressly stated otherwise, "Minnesota tax
laws" means the taxes, refunds, and fees administered by or paid
to the commissioner under chapters 115B (except taxes imposed
under sections 115B.21 to 115B.24), 289A (except taxes imposed
under sections 298.01, 298.015, and 298.24), 290, 290A, 291,
297A, and 297H and sections 295.50 to 295.59, or any similar
Indian tribal tax administered by the commissioner pursuant to
any tax agreement between the state and the Indian tribal
government, and includes any laws for the assessment,
collection, and enforcement of those taxes, refunds, and fees.
Sec. 13. Minnesota Statutes 1996, section 270B.02,
subdivision 3, is amended to read:
Subd. 3. [CONFIDENTIAL DATA ON INDIVIDUALS; PROTECTED
NONPUBLIC DATA.] (a) Except as provided in paragraph (b), the
name or existence of an informer, informer letters, and other
unsolicited data, in whatever form, given to the department of
revenue by a person, other than the data subject, who informs
that a specific taxpayer is not or may not be in compliance with
tax laws, or nontax laws administered by the department of
revenue, including laws not listed in section 270B.01,
subdivision 8, are confidential data on individuals or protected
nonpublic data as defined in section 13.02, subdivisions 3 and
13.
(b) Data under paragraph (a) may be disclosed with the
consent of the informer or upon a written finding by a court
that the information provided by the informer was false and that
there is evidence that the information was provided in bad
faith. This subdivision does not alter disclosure
responsibilities or obligations under the rules of criminal
procedure.
Sec. 14. Minnesota Statutes 1996, section 270B.03,
subdivision 6, is amended to read:
Subd. 6. [INVESTIGATIVE DATA.] Notwithstanding For
purposes of any law to the contrary, the disclosure of
administered by the department of revenue, including laws not
listed in section 270B.01, subdivision 8, investigative data
collected or created by the department of revenue in order to
prepare a case against a person, whether known or unknown, for
the commission of a crime is governed by section 13.82,
subdivision 5, confidential or protected nonpublic during an
investigation. When the investigation becomes inactive, as
defined in section 13.82, subdivision 5, the previous
classifications otherwise applicable under any other laws become
effective.
Sec. 15. Minnesota Statutes 1996, section 270B.12,
subdivision 6, is amended to read:
Subd. 6. [DEPARTMENT OF REVENUE EMPLOYEES; ATTORNEY
GENERAL.] Returns and return information may shall be open to
inspection by or disclosure to an employee or agent of the
department of revenue and the attorney general only for the
purpose of and to the extent necessary to administer tax laws.
Sec. 16. Minnesota Statutes 1997 Supplement, section
299C.095, subdivision 2, is amended to read:
Subd. 2. [RETENTION.] (a) Notwithstanding section 138.17,
the bureau shall retain juvenile history records for the time
periods provided in this subdivision. Notwithstanding contrary
provisions of paragraphs (b) to (e), all data in a juvenile
history record must be retained for the longest time period
applicable to any item in the individual juvenile history
record. If, before data are destroyed under this subdivision,
the subject of the data is convicted of a felony as an adult,
the individual's juvenile history record must be retained for
the same time period as an adult criminal history record.
(b) Juvenile history data on a child who was arrested must
be destroyed six months after the arrest if the child has not
been referred to a diversion program and no petition has been
filed against the child by that time.
(c) Juvenile history data on a child against whom a
delinquency petition was filed and subsequently dismissed must
be destroyed upon receiving notice from the court that the
petition was dismissed.
(d) Juvenile history data on a child who was referred to a
diversion program or against whom a delinquency petition has
been filed and continued for dismissal must be destroyed when
the child reaches age 21.
(e) Juvenile history data on a child against whom a
delinquency petition was filed and continued without
adjudication, or a child who was found to have committed a
felony or gross misdemeanor-level offense, must be destroyed
when the child reaches age 28. If the offender commits a felony
violation as an adult, the bureau shall retain the data for as
long as the data would have been retained if the offender had
been an adult at the time of the juvenile offense.
(f) The bureau shall retain extended jurisdiction juvenile
data on an individual received under section 260.161,
subdivision 1a, paragraph (c), for as long as the data would
have been retained if the offender had been an adult at the time
of the offense.
(g) Data retained on individuals under this subdivision are
private data under section 13.02, except that extended
jurisdiction juvenile data become public data under section
13.87, subdivision 2, when the juvenile court notifies the
bureau that the individual's adult sentence has been executed
under section 260.126, subdivision 5.
(h) A person who receives data on a juvenile under
paragraphs (b) to (e) from the bureau shall destroy the data
according to the schedule in this subdivision, unless the person
has access to the data under other law. The bureau shall
include a notice of the destruction schedule with all data it
disseminates on juveniles.
Sec. 17. Minnesota Statutes 1997 Supplement, section
471A.03, subdivision 3, is amended to read:
Subd. 3. [PROCUREMENT PROCEDURES.] The municipality may
agree under the service contract that the private vendor will
acquire, construct, alter, repair, or maintain any and all
related facilities without compliance with any competitive
bidding requirements. The municipality may enter into the
service contract only after requesting from two or more private
vendors proposals for the furnishing of the capital intensive
public services under terms and conditions the municipality
determines to be fair and reasonable. After making the request
and receiving any proposals in response to the request, the
municipality may negotiate the service contract with any private
vendor that responds to the request for proposals. The
municipality, at its discretion, may classify all or portions of
any (1) proposals received from vendors, and (2) government data
received from vendors or generated by the municipality relating
to negotiations with the vendors, as nonpublic data under
section 13.02, subdivision 9, or as protected nonpublic data
under section 13.02, subdivision 13, until completion of
negotiations with all the vendors and, if the municipality
solicits a best and final offer from one or more vendors, until
the offers are received from all vendors who are requested to
submit such an offer.
Sec. 18. Minnesota Statutes 1996, section 629.341,
subdivision 4, is amended to read:
Subd. 4. [REPORT REQUIRED.] Whenever a peace officer
investigates an allegation that an incident described in
subdivision 1 has occurred, whether or not an arrest is made,
the officer shall make a written police report of the alleged
incident. The report must contain at least the following
information: the name, address and telephone number of the
victim, if provided by the victim, a statement as to whether an
arrest occurred, the name of the arrested person, and a brief
summary of the incident. Data that identify a victim who has
made a request under section 13.82, subdivision 10, paragraph
(d), and that are private data under that subdivision, shall be
private in the report required by this section. A copy of this
report must be provided upon request, at no cost, to
organizations designated by the Minnesota crime victims services
center, the department of public safety, or the commissioner of
corrections that are providing services to victims of domestic
abuse. The officer shall submit the report to the officer's
supervisor or other person to whom the employer's rules or
policies require reports of similar allegations of criminal
activity to be made.
Sec. 19. [TRIBAL HEALTH DATA.]
All data created, collected, received, or maintained by the
commissioner of health in conjunction and cooperation with a
federally recognized Indian tribe with an enrolled membership of
under 550 individuals and which relate to cancer incidence among
tribal members are private data on individuals as defined in
Minnesota Statutes, section 13.02.
Sec. 20. [LEGISLATIVE SUBPOENA; DISCLOSURE OF CHILD
PROTECTION DATA.]
(a) Notwithstanding Minnesota Statutes, section 626.556,
subdivision 11, or any other law to the contrary governing
access to government data, data on individuals related to
investigations and assessments under Minnesota Statutes, section
626.556, must be released in response to a legislative subpoena
issued by a standing legislative committee under Minnesota
Statutes, section 3.153.
(b) This section expires on July 1, 1999.
Sec. 21. [REPEALER.]
Minnesota Statutes 1996, section 270.10, subdivision 3, is
repealed.
Sec. 22. [REVISOR'S INSTRUCTION.]
In the next edition of Minnesota Statutes, the revisor must
renumber section 13.794 as 13.392 or otherwise include it among
appropriate sections that refer to both state agencies and
political subdivisions in Minnesota Statutes, chapter 13.
Sec. 23. [EFFECTIVE DATES.]
Sections 2, clause (25); 6; 12 to 15; 17; 20; and 21 are
effective the day following final enactment.
Sections 3 and 22 are effective July 1, 1998.
Presented to the governor April 6, 1998
Became law without the governor's signature April 10, 1998
Official Publication of the State of Minnesota
Revisor of Statutes