Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2005, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 163-H.F.No. 225
An act relating to data practices; making technical,
conforming, and clarifying changes to the Minnesota
Government Data Practices Act; defining terms;
classifying, regulating, and reviewing access to and
dissemination of certain data; providing notice of
breaches in security; regulating certain fees;
providing for the conduct of certain board and council
meetings; modifying provisions regulating motor
vehicle and driver applications and records;
regulating disclosure of nonidentifying sales tax
returns; modifying vehicle accident reports and
procedures; providing for treatment of data held by
the comprehensive incident-based reporting system;
regulating use of Social Security numbers; classifying
certain animal health data; defining terms and
regulating data privacy practices for wireless
telecommunications; providing for a review of the
handling of genetic information; amending Minnesota
Statutes 2004, sections 3.978, subdivision 2; 11A.24,
subdivision 6; 13.01, subdivisions 1, 3; 13.02,
subdivision 7; 13.03, subdivisions 1, 2, 3, 4, 5, 6,
8; 13.04, subdivisions 2, 4; 13.05, subdivisions 1, 4,
6, 7, 8, 9; 13.06, subdivisions 1, 2, 3, 4; 13.07;
13.072, subdivision 4; 13.073, subdivision 3; 13.08,
subdivisions 1, 2, 5; 13.32, by adding a subdivision;
13.37, subdivisions 1, 2, 3; 13.3805, by adding a
subdivision; 13.43, subdivisions 1, 2, 3; 13.46,
subdivision 4; 13.591, by adding subdivisions; 13.601,
by adding a subdivision; 13.635, by adding a
subdivision; 13.643, by adding a subdivision; 13.72,
by adding subdivisions; 13.82, subdivisions 1, 16;
16C.06, subdivision 5; 116J.68, by adding a
subdivision; 116L.03, by adding a subdivision;
116L.665, by adding a subdivision; 116M.15, by adding
a subdivision; 116U.25; 168.346; 168A.04, by adding a
subdivision; 169.09, subdivisions 1, 2, 3, 4, 5, 6, 7,
8, 9, 11, 12, 14, 15, by adding subdivisions; 171.07,
subdivisions 1, 3; 171.12, subdivision 7; 270B.01,
subdivision 5; 270B.03, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapters 13;
41A; 299C; 325E; repealing Minnesota Statutes 2004,
sections 13.04, subdivision 5; 169.09, subdivision 10;
170.55.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2004, section 3.978,
subdivision 2, is amended to read:
Subd. 2. [INQUIRY AND INSPECTION POWER; DUTY TO AID
LEGISLATIVE AUDITOR.] All public officials and their deputies
and employees, and all corporations, firms, and individuals
having business involving the receipt, disbursement, or custody
of public funds shall at all times afford reasonable facilities
for examinations by the legislative auditor, make returns and
reports required by the legislative auditor, attend and answer
under oath the legislative auditor's lawful inquiries, produce
and exhibit all books, accounts, documents, data of any
classification, and property that the legislative auditor
may desire need to inspect, and in all things aid the
legislative auditor in the performance of duties.
Sec. 2. Minnesota Statutes 2004, section 11A.24,
subdivision 6, is amended to read:
Subd. 6. [OTHER INVESTMENTS.] (a) In addition to the
investments authorized in subdivisions 1 to 5, and subject to
the provisions in paragraph (b), the state board may invest
funds in:
(1) venture capital investment businesses through
participation in limited partnerships, trusts, private
placements, limited liability corporations, limited liability
companies, limited liability partnerships, and corporations;
(2) real estate ownership interests or loans secured by
mortgages or deeds of trust or shares of real estate investment
trusts through investment in limited partnerships, bank
sponsored collective funds, trusts, mortgage participation
agreements, and insurance company commingled accounts, including
separate accounts;
(3) regional and mutual funds through bank sponsored
collective funds and open-end investment companies registered
under the Federal Investment Company Act of 1940, and closed-end
mutual funds listed on an exchange regulated by a governmental
agency;
(4) resource investments through limited partnerships,
trusts, private placements, limited liability corporations,
limited liability companies, limited liability partnerships, and
corporations; and
(5) international securities.
(b) The investments authorized in paragraph (a) must
conform to the following provisions:
(1) the aggregate value of all investments made according
to paragraph (a), clauses (1) to (4), may not exceed 35 percent
of the market value of the fund for which the state board is
investing;
(2) there must be at least four unrelated owners of the
investment other than the state board for investments made under
paragraph (a), clause (1), (2), (3), or (4);
(3) state board participation in an investment vehicle is
limited to 20 percent thereof for investments made under
paragraph (a), clause (1), (2), (3), or (4); and
(4) state board participation in a limited partnership does
not include a general partnership interest or other interest
involving general liability. The state board may not engage in
any activity as a limited partner which creates general
liability.
(c) All financial, business, or proprietary data collected,
created, received, or maintained by the state board in
connection with investments authorized by paragraph (a), clause
(1), (2), or (4), are nonpublic data under section 13.02,
subdivision 9. As used in this section, "financial, business,
or proprietary data" means data, as determined by the
responsible authority for the state board: (i) that is of a
financial, business, or proprietary nature; and (ii) the release
of which could cause competitive harm to the state board, the
legal entity in which the state board has invested or has
considered an investment, the managing entity of an investment,
or a portfolio company in which the legal entity holds an
interest. As used in this section, "business data" is data
described in section 13.591, subdivision 1. Regardless of
whether they could be considered financial, business, or
proprietary data, the following data received, prepared, used,
or retained by the state board in connection with investments
authorized by paragraph (a), clause (1), (2), or (4), are public
at all times:
(1) the name and industry group classification of the legal
entity in which the state board has invested or in which the
state board has considered an investment;
(2) the state board commitment amount, if any;
(3) the funded amount of the state board's commitment to
date, if any;
(4) the market value of the investment by the state board;
(5) the state board's internal rate of return for the
investment, including expenditures and receipts used in the
calculation of the investment's internal rate of return; and
(6) the age of the investment in years.
Sec. 3. Minnesota Statutes 2004, section 13.01,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] All state agencies,
political subdivisions and statewide systems government entities
shall be governed by this chapter.
Sec. 4. Minnesota Statutes 2004, section 13.01,
subdivision 3, is amended to read:
Subd. 3. [SCOPE.] This chapter regulates the collection,
creation, storage, maintenance, dissemination, and access to
government data in state agencies, statewide systems, and
political subdivisions government entities. It establishes a
presumption that government data are public and are accessible
by the public for both inspection and copying unless there is
federal law, a state statute, or a temporary classification of
data that provides that certain data are not public.
Sec. 5. Minnesota Statutes 2004, section 13.02,
subdivision 7, is amended to read:
Subd. 7. [GOVERNMENT DATA.] "Government data" means all
data collected, created, received, maintained or disseminated by
any state agency, political subdivision, or statewide
system government entity regardless of its physical form,
storage media or conditions of use.
Sec. 6. Minnesota Statutes 2004, section 13.03,
subdivision 1, is amended to read:
Subdivision 1. [PUBLIC DATA.] All government data
collected, created, received, maintained or disseminated by a
state agency, political subdivision, or statewide
system government entity shall be public unless classified by
statute, or temporary classification pursuant to section 13.06,
or federal law, as nonpublic or protected nonpublic, or with
respect to data on individuals, as private or confidential. The
responsible authority in every state agency, political
subdivision and statewide system government entity shall keep
records containing government data in such an arrangement and
condition as to make them easily accessible for convenient use.
Photographic, photostatic, microphotographic, or microfilmed
records shall be considered as accessible for convenient use
regardless of the size of such records.
Sec. 7. Minnesota Statutes 2004, section 13.03,
subdivision 2, is amended to read:
Subd. 2. [PROCEDURES.] (a) The responsible authority in
every state agency, political subdivision, and statewide
system government entity shall establish procedures, consistent
with this chapter, to insure that requests for government data
are received and complied with in an appropriate and prompt
manner.
(b) The responsible authority shall prepare public access
procedures in written form and update them no later than August
1 of each year as necessary to reflect any changes in personnel
or circumstances that might affect public access to government
data. The responsible authority shall make copies of the
written public access procedures easily available to the public
by distributing free copies of the procedures to the public or
by posting a copy of the procedures in a conspicuous place
within the government entity that is easily accessible to the
public.
(c) Full convenience and comprehensive accessibility shall
be allowed to researchers including historians, genealogists and
other scholars to carry out extensive research and complete
copying of all records containing government data except as
otherwise expressly provided by law.
A responsible authority may designate one or more designees.
Sec. 8. Minnesota Statutes 2004, section 13.03,
subdivision 3, is amended to read:
Subd. 3. [REQUEST FOR ACCESS TO DATA.] (a) Upon request to
a responsible authority or designee, a person shall be permitted
to inspect and copy public government data at reasonable times
and places, and, upon request, shall be informed of the data's
meaning. If a person requests access for the purpose of
inspection, the responsible authority may not assess a charge or
require the requesting person to pay a fee to inspect data.
(b) For purposes of this section, "inspection" includes,
but is not limited to, the visual inspection of paper and
similar types of government data. Inspection does not include
printing copies by the government entity, unless printing a copy
is the only method to provide for inspection of the data. In
the case of data stored in electronic form and made available in
electronic form on a remote access basis to the public by the
government entity, inspection includes remote access to the data
by the public and the ability to print copies of or download the
data on the public's own computer equipment. Nothing in this
section prohibits a government entity from charging a reasonable
fee for remote access to data under a specific statutory grant
of authority. A government entity may charge a fee for remote
access to data where either the data or the access is enhanced
at the request of the person seeking access.
(c) The responsible authority or designee shall provide
copies of public data upon request. If a person requests copies
or electronic transmittal of the data to the person, the
responsible authority may require the requesting person to pay
the actual costs of searching for and retrieving government
data, including the cost of employee time, and for making,
certifying, compiling, and electronically transmitting the
copies of the data or the data, but may not charge for
separating public from not public data. However, if 100 or
fewer pages of black and white, letter or legal size paper
copies are requested, actual costs shall not be used, and
instead, the responsible authority may charge no more than 25
cents for each page copied. If the responsible authority or
designee is not able to provide copies at the time a request is
made, copies shall be supplied as soon as reasonably possible.
(d) When a request under this subdivision involves any
person's receipt of copies of public government data that has
commercial value and is a substantial and discrete portion of or
an entire formula, pattern, compilation, program, device,
method, technique, process, database, or system developed with a
significant expenditure of public funds by the agency government
entity, the responsible authority may charge a reasonable fee
for the information in addition to the costs of making,
certifying, and compiling the copies. Any fee charged must be
clearly demonstrated by the agency government entity to relate
to the actual development costs of the information. The
responsible authority, upon the request of any person, shall
provide sufficient documentation to explain and justify the fee
being charged.
(e) The responsible authority of a state agency, statewide
system, or political subdivision government entity that
maintains public government data in a computer storage medium
shall provide to any person making a request under this section
a copy of any public data contained in that medium, in
electronic form, if the government entity can reasonably make
the copy or have a copy made. This does not require a
government entity to provide the data in an electronic format or
program that is different from the format or program in which
the data are maintained by the government entity. The entity
may require the requesting person to pay the actual cost of
providing the copy.
(f) If the responsible authority or designee determines
that the requested data is classified so as to deny the
requesting person access, the responsible authority or designee
shall inform the requesting person of the determination either
orally at the time of the request, or in writing as soon after
that time as possible, and shall cite the specific statutory
section, temporary classification, or specific provision of
federal law on which the determination is based. Upon the
request of any person denied access to data, the responsible
authority or designee shall certify in writing that the request
has been denied and cite the specific statutory section,
temporary classification, or specific provision of federal law
upon which the denial was based.
Sec. 9. Minnesota Statutes 2004, section 13.03,
subdivision 4, is amended to read:
Subd. 4. [CHANGE IN CLASSIFICATION OF DATA; EFFECT OF
DISSEMINATION AMONG AGENCIES.] (a) The classification of data in
the possession of an agency entity shall change if it is
required to do so to comply with either judicial or
administrative rules pertaining to the conduct of legal actions
or with a specific statute applicable to the data in the
possession of the disseminating or receiving agency entity.
(b) If data on individuals is classified as both private
and confidential by this chapter, or any other statute or
federal law, the data is private.
(c) To the extent that government data is disseminated to
state agencies, political subdivisions, or statewide systems a
government entity by another state agency, political
subdivision, or statewide system government entity, the data
disseminated shall have the same classification in the hands of
the agency entity receiving it as it had in the hands of the
entity providing it.
(d) If a state agency, statewide system, or political
subdivision government entity disseminates data to another state
agency, statewide system, or political subdivision government
entity, a classification provided for by law in the hands of the
entity receiving the data does not affect the classification of
the data in the hands of the entity that disseminates the data.
Sec. 10. Minnesota Statutes 2004, section 13.03,
subdivision 5, is amended to read:
Subd. 5. [COPYRIGHT OR PATENT OF GOVERNMENT DATA.] A state
agency, statewide system, or political subdivision government
entity may enforce a copyright or acquire a patent for a
computer software program or components of a program created by
that government agency entity without statutory authority. In
the event that a government agency entity acquires a patent to a
computer software program or component of a program, the data
shall be treated as trade secret information pursuant to section
13.37.
Sec. 11. Minnesota Statutes 2004, section 13.03,
subdivision 6, is amended to read:
Subd. 6. [DISCOVERABILITY OF NOT PUBLIC DATA.] If a state
agency, political subdivision, or statewide system government
entity opposes discovery of government data or release of data
pursuant to court order on the grounds that the data are
classified as not public, the party that seeks access to the
data may bring before the appropriate presiding judicial
officer, arbitrator, or administrative law judge an action to
compel discovery or an action in the nature of an action to
compel discovery.
The presiding officer shall first decide whether the data
are discoverable or releasable pursuant to the rules of evidence
and of criminal, civil, or administrative procedure appropriate
to the action.
If the data are discoverable the presiding officer shall
decide whether the benefit to the party seeking access to the
data outweighs any harm to the confidentiality interests of the
agency entity maintaining the data, or of any person who has
provided the data or who is the subject of the data, or to the
privacy interest of an individual identified in the data. In
making the decision, the presiding officer shall consider
whether notice to the subject of the data is warranted and, if
warranted, what type of notice must be given. The presiding
officer may fashion and issue any protective orders necessary to
assure proper handling of the data by the parties. If the data
are a videotape of a child victim or alleged victim alleging,
explaining, denying, or describing an act of physical or sexual
abuse, the presiding officer shall consider the provisions of
section 611A.90, subdivision 2, paragraph (b).
Sec. 12. Minnesota Statutes 2004, section 13.03,
subdivision 8, is amended to read:
Subd. 8. [CHANGE TO CLASSIFICATION OF DATA NOT ON
INDIVIDUALS.] Except for security information, nonpublic and
protected nonpublic data shall become public either ten years
after the creation of the data by the government agency entity
or ten years after the data was received or collected by any
governmental agency entity unless the responsible authority for
the originating or custodial agency entity for the data
reasonably determines that, if the data were made available to
the public or to the data subject, the harm to the public or to
a data subject would outweigh the benefit to the public or to
the data subject. If the responsible authority denies access to
the data, the person denied access may challenge the denial by
bringing an action in district court seeking release of the
data. The action shall be brought in the district court located
in the county where the data are being maintained, or, in the
case of data maintained by a state agency, in any county. The
data in dispute shall be examined by the court in camera. In
deciding whether or not to release the data, the court shall
consider the benefits and harms in the same manner as set forth
above. The court shall make a written statement of findings in
support of its decision.
Sec. 13. Minnesota Statutes 2004, section 13.04,
subdivision 2, is amended to read:
Subd. 2. [INFORMATION REQUIRED TO BE GIVEN INDIVIDUAL.] An
individual asked to supply private or confidential data
concerning the individual shall be informed of: (a) the purpose
and intended use of the requested data within the collecting
state agency, political subdivision, or statewide
system government entity; (b) whether the individual may refuse
or is legally required to supply the requested data; (c) any
known consequence arising from supplying or refusing to supply
private or confidential data; and (d) the identity of other
persons or entities authorized by state or federal law to
receive the data. This requirement shall not apply when an
individual is asked to supply investigative data, pursuant to
section 13.82, subdivision 7, to a law enforcement officer.
Sec. 14. Minnesota Statutes 2004, section 13.04,
subdivision 4, is amended to read:
Subd. 4. [PROCEDURE WHEN DATA IS NOT ACCURATE OR
COMPLETE.] (a) An individual subject of the data may contest the
accuracy or completeness of public or private data. To exercise
this right, an individual shall notify in writing the
responsible authority describing the nature of the
disagreement. The responsible authority shall within 30 days
either: (1) correct the data found to be inaccurate or
incomplete and attempt to notify past recipients of inaccurate
or incomplete data, including recipients named by the
individual; or (2) notify the individual that the authority
believes the data to be correct. Data in dispute shall be
disclosed only if the individual's statement of disagreement is
included with the disclosed data.
The determination of the responsible authority may be
appealed pursuant to the provisions of the Administrative
Procedure Act relating to contested cases. Upon receipt of an
appeal by an individual, the commissioner shall, before issuing
the order and notice of a contested case hearing required by
chapter 14, try to resolve the dispute through education,
conference, conciliation, or persuasion. If the parties
consent, the commissioner may refer the matter to mediation.
Following these efforts, the commissioner shall dismiss the
appeal or issue the order and notice of hearing.
(b) Data on individuals that have been successfully
challenged by an individual must be completed, corrected, or
destroyed by a state agency, political subdivision, or statewide
system without regard to the requirements of section 138.17.
After completing, correcting, or destroying successfully
challenged data, a state agency, political subdivision, or
statewide system government entity may retain a copy of the
commissioner of administration's order issued under chapter 14
or, if no order were issued, a summary of the dispute between
the parties that does not contain any particulars of the
successfully challenged data.
Sec. 15. Minnesota Statutes 2004, section 13.05,
subdivision 1, is amended to read:
Subdivision 1. [PUBLIC DOCUMENT OF DATA CATEGORIES.] The
responsible authority shall prepare a public document containing
the authority's name, title and address, and a description of
each category of record, file, or process relating to private or
confidential data on individuals maintained by the
authority's state agency, statewide system, or political
subdivision government entity. Forms used to collect private
and confidential data shall be included in the public document.
Beginning August 1, 1977 and annually thereafter, the
responsible authority shall update the public document and make
any changes necessary to maintain the accuracy of the document.
The document shall be available from the responsible authority
to the public in accordance with the provisions of sections
13.03 and 15.17.
Sec. 16. Minnesota Statutes 2004, section 13.05,
subdivision 4, is amended to read:
Subd. 4. [LIMITATIONS ON COLLECTION AND USE OF DATA.]
Private or confidential data on an individual shall not be
collected, stored, used, or disseminated by political
subdivisions, statewide systems, or state agencies government
entities for any purposes other than those stated to the
individual at the time of collection in accordance with section
13.04, except as provided in this subdivision.
(a) Data collected prior to August 1, 1975, and which have
not been treated as public data, may be used, stored, and
disseminated for the purposes for which the data was originally
collected or for purposes which are specifically approved by the
commissioner as necessary to public health, safety, or welfare.
(b) Private or confidential data may be used and
disseminated to individuals or agencies entities specifically
authorized access to that data by state, local, or federal law
enacted or promulgated after the collection of the data.
(c) Private or confidential data may be used and
disseminated to individuals or agencies entities subsequent to
the collection of the data when the responsible authority
maintaining the data has requested approval for a new or
different use or dissemination of the data and that request has
been specifically approved by the commissioner as necessary to
carry out a function assigned by law.
(d) Private data may be used by and disseminated to any
person or agency entity if the individual subject or subjects of
the data have given their informed consent. Whether a data
subject has given informed consent shall be determined by rules
of the commissioner. The format for informed consent is as
follows, unless otherwise prescribed by the HIPAA, Standards for
Privacy of Individually Identifiable Health Information, 65 Fed.
Reg. 82, 461 (2000) (to be codified as Code of Federal
Regulations, title 45, section 164): informed consent shall not
be deemed to have been given by an individual subject of the
data by the signing of any statement authorizing any person
or agency entity to disclose information about the individual to
an insurer or its authorized representative, unless the
statement is:
(1) in plain language;
(2) dated;
(3) specific in designating the particular persons or
agencies the data subject is authorizing to disclose information
about the data subject;
(4) specific as to the nature of the information the
subject is authorizing to be disclosed;
(5) specific as to the persons or agencies entities to whom
the subject is authorizing information to be disclosed;
(6) specific as to the purpose or purposes for which the
information may be used by any of the parties named in clause
(5), both at the time of the disclosure and at any time in the
future;
(7) specific as to its expiration date which should be
within a reasonable period of time, not to exceed one year
except in the case of authorizations given in connection with
applications for (i) life insurance or noncancelable or
guaranteed renewable health insurance and identified as such,
two years after the date of the policy or (ii) medical
assistance under chapter 256B or MinnesotaCare under chapter
256L, which shall be ongoing during all terms of eligibility,
for individual education plan health-related services provided
by a school district under section 125A.21, subdivision 2.
The responsible authority may require a person requesting
copies of data under this paragraph to pay the actual costs of
making, certifying, and compiling the copies.
(e) Private or confidential data on an individual may be
discussed at a meeting open to the public to the extent provided
in section 13D.05.
Sec. 17. Minnesota Statutes 2004, section 13.05,
subdivision 6, is amended to read:
Subd. 6. [CONTRACTS.] Except as provided in section 13.46,
subdivision 5, in any contract between a governmental
unit government entity subject to this chapter and any person,
when the contract requires that data on individuals be made
available to the contracting parties by the governmental unit
government entity, that data shall be administered consistent
with this chapter. A contracting party shall maintain the data
on individuals which it received according to the statutory
provisions applicable to the data.
Sec. 18. Minnesota Statutes 2004, section 13.05,
subdivision 7, is amended to read:
Subd. 7. [PREPARATION OF SUMMARY DATA.] The use of summary
data derived from private or confidential data on individuals
under the jurisdiction of one or more responsible authorities is
permitted. Unless classified pursuant to section 13.06, another
statute, or federal law, summary data is public. The
responsible authority shall prepare summary data from private or
confidential data on individuals upon the request of any person
if the request is in writing and the cost of preparing the
summary data is borne by the requesting person. The responsible
authority may delegate the power to prepare summary data (1) to
the administrative officer responsible for any central
repository of summary data; or (2) to a person outside of its
agency the entity if the person's purpose is set forth, in
writing, and the person agrees not to disclose, and the
agency entity reasonably determines that the access will not
compromise private or confidential data on individuals.
Sec. 19. Minnesota Statutes 2004, section 13.05,
subdivision 8, is amended to read:
Subd. 8. [PUBLICATION OF ACCESS PROCEDURES.] The
responsible authority shall prepare a public document setting
forth in writing the rights of the data subject pursuant to
section 13.04 and the specific procedures in effect in the state
agency, statewide system or political subdivision government
entity for access by the data subject to public or private data
on individuals.
Sec. 20. Minnesota Statutes 2004, section 13.05,
subdivision 9, is amended to read:
Subd. 9. [INTERGOVERNMENTAL ACCESS OF DATA.] A responsible
authority shall allow another responsible authority access to
data classified as not public only when the access is authorized
or required by statute or federal law. An agency entity that
supplies government data under this subdivision may require the
requesting agency entity to pay the actual cost of supplying the
data.
Sec. 21. [13.055] [STATE AGENCIES; DISCLOSURE OF BREACH IN
SECURITY.]
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the following terms have the meanings given to them.
(a) "Breach of the security of the data" means unauthorized
acquisition of data maintained by a state agency that
compromises the security and classification of the data. Good
faith acquisition of government data by an employee, contractor,
or agent of a state agency for the purposes of the state agency
is not a breach of the security of the data, if the government
data is not provided to an unauthorized person.
(b) "Contact information" means either name and mailing
address or name and e-mail address for each individual who is
the subject of data maintained by the state agency.
(c) "Unauthorized acquisition" means that a person has
obtained government data without the informed consent of the
individuals who are the subjects of the data or statutory
authority and with the intent to use the data for
non-governmental purposes.
(d) "Unauthorized person" means any person who accesses
government data without permission or without a work assignment
that reasonably requires the person to have access to the data.
Subd. 2. [NOTICE TO INDIVIDUALS.] A state agency that
collects, creates, receives, maintains or disseminates private
or confidential data on individuals must disclose any breach of
the security of the data following discovery or notification of
the breach. Notification must be made to any individual who is
the subject of the data and whose private or confidential data
was, or is reasonably believed to have been, acquired by an
unauthorized person. The disclosure must be made in the most
expedient time possible and without unreasonable delay,
consistent with (1) the legitimate needs of a law enforcement
agency as provided in subdivision 3; or (2) any measures
necessary to determine the scope of the breach and restore the
reasonable security of the data.
Subd. 3. [DELAYED NOTICE.] The notification required by
this section may be delayed if a law enforcement agency
determines that the notification will impede an active criminal
investigation. The notification required by this section must
be made after the law enforcement agency determines that it will
not compromise the investigation.
Subd. 4. [METHOD OF NOTICE.] Notice under this section may
be provided by one of the following methods:
(a) written notice by first class mail to each affected
individual;
(b) electronic notice to each affected individual, if the
notice provided is consistent with the provisions regarding
electronic records and signatures as set forth in United States
Code, title 15, section 7001; or
(c) substitute notice, if the state agency demonstrates
that the cost of providing the written notice required by
paragraph (a) would exceed $250,000, or that the affected class
of individuals to be notified exceeds 500,000, or the state
agency does not have sufficient contact information. Substitute
notice consists of all of the following:
(i) e-mail notice if the state agency has an e-mail address
for the affected individuals;
(ii) conspicuous posting of the notice on the Web site page
of the state agency, if the state agency maintains a Web site;
and
(iii) notification to major media outlets that reach the
general public.
Subd. 5. [COORDINATION WITH CONSUMER REPORTING
AGENCIES.] If the state agency discovers circumstances requiring
notification under this section of more than 1,000 individuals
at one time, the state agency must also notify, without
unreasonable delay, all consumer reporting agencies that compile
and maintain files on consumers on a nationwide basis, as
defined in United States Code, title 15, section 1681a, of the
timing, distribution, and content of the notices.
Sec. 22. Minnesota Statutes 2004, section 13.06,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION TO COMMISSIONER.]
Notwithstanding the provisions of section 13.03, the responsible
authority of a state agency, political subdivision, or statewide
system government entity may apply to the commissioner for
permission to classify data or types of data on individuals as
private or confidential, or data not on individuals as nonpublic
or protected nonpublic, for its own use and for the use of other
similar agencies, political subdivisions, or statewide
systems government entities on a temporary basis until a
proposed statute can be acted upon by the legislature. The
application for temporary classification is public.
Upon the filing of an application for temporary
classification, the data which is the subject of the application
shall be deemed to be classified as set forth in the application
for a period of 45 days, or until the application is
disapproved, rejected, or granted by the commissioner, whichever
is earlier.
If the commissioner determines that an application has been
submitted for purposes not consistent with this section, the
commissioner may immediately reject the application, give notice
of that rejection to the applicant, and return the application.
When the applicant receives the notice of rejection from the
commissioner, the data which was the subject of the application
shall have the classification it had before the application was
submitted to the commissioner.
Sec. 23. Minnesota Statutes 2004, section 13.06,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS OF APPLICATION FOR PRIVATE OR
CONFIDENTIAL DATA.] An application for temporary classification
of data on individuals shall include and the applicant shall
have the burden of clearly establishing that no statute
currently exists which either allows or forbids classification
as private or confidential; and either
(a) that data similar to that for which the temporary
classification is sought has been treated as either private or
confidential by other state agencies or political
subdivisions government entities, and by the public; or
(b) that a compelling need exists for immediate temporary
classification, which if not granted could adversely affect the
public interest or the health, safety, well being or reputation
of the data subject.
Sec. 24. Minnesota Statutes 2004, section 13.06,
subdivision 3, is amended to read:
Subd. 3. [CONTENTS OF APPLICATION FOR NONPUBLIC OR
NONPUBLIC PROTECTED DATA.] An application for temporary
classification of government data not on individuals shall
include and the applicant shall have the burden of clearly
establishing that no statute currently exists which either
allows or forbids classification as nonpublic or protected
nonpublic; and either
(a) that data similar to that for which the temporary
classification is sought has been treated as nonpublic or
protected nonpublic by other state agencies or political
subdivisions government entities, and by the public; or
(b) public access to the data would render unworkable a
program authorized by law; or
(c) that a compelling need exists for immediate temporary
classification, which if not granted could adversely affect the
health, safety or welfare of the public.
Sec. 25. Minnesota Statutes 2004, section 13.06,
subdivision 4, is amended to read:
Subd. 4. [PROCEDURE WHEN CLASSIFICATION AFFECTS OTHERS.]
If the commissioner determines that an application for temporary
classification involves data which would reasonably be
classified in the same manner by all agencies, political
subdivisions, or statewide systems government entities similar
to the one which made the application, the commissioner may
approve or disapprove the classification for data of the kind
which is the subject of the application for the use of
all agencies, political subdivisions, or statewide
systems government entities similar to the applicant. On
deeming this approach advisable, the commissioner shall provide
notice of the proposed action by publication in the State
Register within ten days of receiving the application. Within
30 days after publication in the State Register an
affected agency, political subdivision, government entity or the
public, or statewide system may submit comments on the
commissioner's proposal. The commissioner shall consider any
comments received when granting or denying a classification for
data of the kind which is the subject of the application, for
the use of all agencies, political subdivisions, or statewide
systems government entities similar to the applicant. Within 45
days after the close of the period for submitting comment, the
commissioner shall grant or disapprove the application.
Applications processed under this subdivision shall be either
approved or disapproved by the commissioner within 90 days of
the receipt of the application. For purposes of subdivision 1,
the data which is the subject of the classification shall be
deemed to be classified as set forth in the application for a
period of 90 days, or until the application is disapproved or
granted by the commissioner, whichever is earlier. If requested
in the application, or determined to be necessary by the
commissioner, the data in the application shall be so classified
for all agencies, political subdivisions, or statewide
systems government entities similar to the applicant until the
application is disapproved or granted by the commissioner,
whichever is earlier. Proceedings after the grant or
disapproval shall be governed by the provisions of subdivision 5.
Sec. 26. Minnesota Statutes 2004, section 13.07, is
amended to read:
13.07 [DUTIES OF THE COMMISSIONER.]
The commissioner shall promulgate rules, in accordance with
the rulemaking procedures in the Administrative Procedure Act
which shall apply to state agencies, statewide systems and
political subdivisions government entities to implement the
enforcement and administration of this chapter. The rules shall
not affect section 13.04, relating to rights of subjects of
data. Prior to the adoption of rules authorized by this section
the commissioner shall give notice to all state agencies and
political subdivisions in the same manner and in addition to
other parties as required by section 14.06 of the date and place
of hearing, enclosing a copy of the rules to be adopted.
Sec. 27. Minnesota Statutes 2004, section 13.072,
subdivision 4, is amended to read:
Subd. 4. [DATA SUBMITTED TO COMMISSIONER.] A state agency,
statewide system, or political subdivision government entity may
submit not public data to the commissioner for the purpose of
requesting or responding to a person's request for an opinion.
Government data submitted to the commissioner by a state agency,
statewide system, or political subdivision government entity or
copies of government data submitted by other persons have the
same classification as the data have when held by the state
agency, statewide system, or political subdivision government
entity. If the nature of the opinion is such that the release
of the opinion would reveal not public data, the commissioner
may issue an opinion using pseudonyms for individuals. Data
maintained by the commissioner, in the record of an opinion
issued using pseudonyms that would reveal the identities of
individuals protected by the use of the pseudonyms, are private
data on individuals.
Sec. 28. Minnesota Statutes 2004, section 13.073,
subdivision 3, is amended to read:
Subd. 3. [BASIC TRAINING.] The basic training component
should be designed to meet the basic information policy needs of
all government employees and public officials with a focus on
key data practices laws and procedures that apply to all
government entities. The commissioner should design the basic
training component in a manner that minimizes duplication of the
effort and cost for government entities to provide basic
training. The commissioner may develop general programs and
materials for basic training such as video presentations, data
practices booklets, and training guides. The commissioner may
assist state and local government agencies entities in
developing training expertise within their own agencies entities
and offer assistance for periodic training sessions for this
purpose.
Sec. 29. Minnesota Statutes 2004, section 13.08,
subdivision 1, is amended to read:
Subdivision 1. [ACTION FOR DAMAGES.] Notwithstanding
section 466.03, a political subdivision, responsible authority,
statewide system, or state agency government entity which
violates any provision of this chapter is liable to a person or
representative of a decedent who suffers any damage as a result
of the violation, and the person damaged or a representative in
the case of private data on decedents or confidential data on
decedents may bring an action against the political subdivision,
responsible authority, statewide system or state agency
government entity to cover any damages sustained, plus costs and
reasonable attorney fees. In the case of a willful violation,
the political subdivision, statewide system or state
agency government entity shall, in addition, be liable to
exemplary damages of not less than $100, nor more than $10,000
for each violation. The state is deemed to have waived any
immunity to a cause of action brought under this chapter.
Sec. 30. Minnesota Statutes 2004, section 13.08,
subdivision 2, is amended to read:
Subd. 2. [INJUNCTION.] A political subdivision,
responsible authority, statewide system or state agency
government entity which violates or proposes to violate this
chapter may be enjoined by the district court. The court may
make any order or judgment as may be necessary to prevent the
use or employment by any person of any practices which violate
this chapter.
Sec. 31. Minnesota Statutes 2004, section 13.08,
subdivision 5, is amended to read:
Subd. 5. [IMMUNITY FROM LIABILITY.] A state agency,
statewide system, political subdivision, government entity or
person that releases not public data pursuant to an order under
section 13.03, subdivision 6 is immune from civil and criminal
liability.
Sec. 32. Minnesota Statutes 2004, section 13.32, is
amended by adding a subdivision to read:
Subd. 10. [EDUCATION RECORDS; CHILD WITH DISABILITY.]
Nothing in this chapter shall be construed as limiting the
frequency of inspection of the educational records of a child
with a disability by the child's parent or guardian or by the
child upon the child reaching the age of majority. An agency or
institution may not charge a fee to search for or to retrieve
the educational records. An agency or institution that receives
a request for copies of the educational records of a child with
a disability may charge a fee that reflects the costs of
reproducing the records except when to do so would impair the
ability of the child's parent or guardian, or the child who has
reached the age of majority, to exercise their right to inspect
and review those records.
Sec. 33. Minnesota Statutes 2004, 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, 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. 34. Minnesota Statutes 2004, section 13.37,
subdivision 2, is amended to read:
Subd. 2. [CLASSIFICATION.] The following government data
is classified as nonpublic data with regard to data not on
individuals, pursuant to section 13.02, subdivision 9, and as
private data with regard to data on individuals, pursuant to
section 13.02, subdivision 12: Security information; trade
secret information; sealed absentee ballots prior to opening by
an election judge; sealed bids, including the number of bids
received, prior to the opening of the bids; internal competitive
proposals prior to the time specified by a political subdivision
for the receipt of private sector proposals for the services;
parking space leasing data; and labor relations information,
provided that specific labor relations information which relates
to a specific labor organization is classified as protected
nonpublic data pursuant to section 13.02, subdivision 13.
Sec. 35. Minnesota Statutes 2004, section 13.37,
subdivision 3, is amended to read:
Subd. 3. [DATA DISSEMINATION.] (a) Crime prevention block
maps and names, home addresses, and telephone numbers of
volunteers who participate in community crime prevention
programs may be disseminated to volunteers participating in
crime prevention programs. The location of a National Night Out
event is public data.
(b) The responsible authority of a government entity in
consultation with the appropriate chief law enforcement officer,
emergency manager, or public health official, may make security
information accessible to any person, entity, or the public if
the government entity determines that the access will aid public
health, promote public safety, or assist law enforcement.
Sec. 36. Minnesota Statutes 2004, section 13.3805, is
amended by adding a subdivision to read:
Subd. 3. [OFFICE OF HEALTH FACILITY COMPLAINTS;
INVESTIGATIVE DATA.] Except for investigative data under section
626.556, all investigative data maintained by the Department of
Health's Office of Health Facility Complaints are subject to
provisions of and classified pursuant to section 626.557,
subdivision 12b, paragraphs (b) to (d). Notwithstanding
sections 626.556, subdivision 11, and 626.557, subdivision 12b,
paragraph (b), data identifying an individual substantiated as
the perpetrator are public data. For purposes of this
subdivision, an individual is substantiated as the perpetrator
if the commissioner of health determines that the individual is
the perpetrator and the determination of the commissioner is
upheld after the individual either exercises applicable
administrative appeal rights or fails to exercise these rights
within the time allowed by law.
Sec. 37. Minnesota Statutes 2004, section 13.43,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] As used in this section,
"personnel data" means data on individuals collected because the
individual is or was an employee of or an applicant for
employment by, performs services on a voluntary basis for, or
acts as an independent contractor with a state agency, statewide
system or political subdivision or is a member of or an
applicant for an advisory board or commission government entity.
Personnel data includes data submitted by an employee to a
government entity as part of an organized self-evaluation effort
by the government entity to request suggestions from all
employees on ways to cut costs, make government more efficient,
or improve the operation of government. An employee who is
identified in a suggestion shall have access to all data in the
suggestion except the identity of the employee making the
suggestion.
Sec. 38. Minnesota Statutes 2004, section 13.43,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC DATA.] (a) Except for employees described
in subdivision 5 and subject to the limitations described in
subdivision 5a, the following personnel data on current and
former employees, volunteers, and independent contractors of
a state agency, statewide system, or political subdivision and
members of advisory boards or commissions government entity is
public:
(1) name; employee identification number, which must not be
the employee's Social Security number; actual gross salary;
salary range; contract fees; actual gross pension; the value and
nature of employer paid fringe benefits; and the basis for and
the amount of any added remuneration, including expense
reimbursement, in addition to salary;
(2) job title and bargaining unit; job description;
education and training background; and previous work experience;
(3) date of first and last employment;
(4) the existence and status of any complaints or charges
against the employee, regardless of whether the complaint or
charge resulted in a disciplinary action;
(5) the final disposition of any disciplinary action
together with the specific reasons for the action and data
documenting the basis of the action, excluding data that would
identify confidential sources who are employees of the public
body;
(6) the terms of any agreement settling any dispute arising
out of an employment relationship, including a buyout agreement
as defined in section 123B.143, subdivision 2, paragraph (a);
except that the agreement must include specific reasons for the
agreement if it involves the payment of more than $10,000 of
public money;
(7) work location; a work telephone number; badge number;
and honors and awards received; and
(8) payroll time sheets or other comparable data that are
only used to account for employee's work time for payroll
purposes, except to the extent that release of time sheet data
would reveal the employee's reasons for the use of sick or other
medical leave or other not public data.
(b) For purposes of this subdivision, a final disposition
occurs when the state agency, statewide system, or political
subdivision makes its final decision about the disciplinary
action, regardless of the possibility of any later proceedings
or court proceedings. In the case of arbitration proceedings
arising under collective bargaining agreements, a final
disposition occurs at the conclusion of the arbitration
proceedings, or upon the failure of the employee to elect
arbitration within the time provided by the collective
bargaining agreement. Final disposition includes a resignation
by an individual when the resignation occurs after the final
decision of the state agency, statewide system, political
subdivision, or arbitrator.
(c) The state agency, statewide system, or political
subdivision may display a photograph of a current or former
employee to a prospective witness as part of the state agency's,
statewide system's, or political subdivision's investigation of
any complaint or charge against the employee.
(d) A complainant has access to a statement provided by the
complainant to a state agency, statewide system, or political
subdivision in connection with a complaint or charge against an
employee.
(e) Notwithstanding paragraph (a), clause (5), upon
completion of an investigation of a complaint or charge against
a public official, or if a public official resigns or is
terminated from employment while the complaint or charge is
pending, all data relating to the complaint or charge are
public, unless access to the data would jeopardize an active
investigation or reveal confidential sources. For purposes of
this paragraph, "public official" means:
(1) the head of a state agency and deputy and assistant
state agency heads;
(2) members of boards or commissions required by law to be
appointed by the governor or other elective officers; and
(3) executive or administrative heads of departments,
bureaus, divisions, or institutions.
Sec. 39. Minnesota Statutes 2004, section 13.43,
subdivision 3, is amended to read:
Subd. 3. [APPLICANT DATA.] Except for applicants described
in subdivision 5, the following personnel data on current and
former applicants for employment by a state agency, statewide
system or political subdivision or appointment to an advisory
board or commission government entity is public: veteran
status; relevant test scores; rank on eligible list; job
history; education and training; and work availability. Names
of applicants shall be private data except when certified as
eligible for appointment to a vacancy or when applicants are
considered by the appointing authority to be finalists for a
position in public employment. For purposes of this
subdivision, "finalist" means an individual who is selected to
be interviewed by the appointing authority prior to selection.
Names and home addresses of applicants for appointment to and
members of an advisory board or commission are public.
Sec. 40. Minnesota Statutes 2004, section 13.46,
subdivision 4, is amended to read:
Subd. 4. [LICENSING DATA.] (a) As used in this subdivision:
(1) "licensing data" means all data collected, maintained,
used, or disseminated by the welfare system pertaining to
persons licensed or registered or who apply for licensure or
registration or who formerly were licensed or registered under
the authority of the commissioner of human services;
(2) "client" means a person who is receiving services from
a licensee or from an applicant for licensure; and
(3) "personal and personal financial data" means Social
Security numbers, identity of and letters of reference,
insurance information, reports from the Bureau of Criminal
Apprehension, health examination reports, and social/home
studies.
(b)(1) Except as provided in paragraph (c), the following
data on current and former licensees are public: name, address,
telephone number of licensees, date of receipt of a completed
application, dates of licensure, licensed capacity, type of
client preferred, variances granted, record of training and
education in child care and child development, type of dwelling,
name and relationship of other family members, previous license
history, class of license, and the existence and status of
complaints, and the number of serious injuries to or deaths of
individuals in the licensed program as reported to the
commissioner of human services, the local social services
agency, or any other county welfare agency. For purposes of
this clause, a serious injury is one that is treated by a
physician. When a correction order or fine has been issued, a
license is suspended, immediately suspended, revoked, denied, or
made conditional, or a complaint is resolved, the following data
on current and former licensees are public: the substance and
investigative findings of the licensing or maltreatment
complaint, licensing violation, or substantiated maltreatment;
the record of informal resolution of a licensing violation;
orders of hearing; findings of fact; conclusions of law;
specifications of the final correction order, fine, suspension,
immediate suspension, revocation, denial, or conditional license
contained in the record of licensing action; and the status of
any appeal of these actions. When an individual licensee is a
substantiated perpetrator of maltreatment, and the substantiated
maltreatment is a reason for the licensing action, the identity
of the licensee as a perpetrator is public data. For purposes
of this clause, a person is a substantiated perpetrator if the
maltreatment determination has been upheld under section
626.556, subdivision 10i, 626.557, subdivision 9d, or 256.045,
or an individual or facility has not timely exercised appeal
rights under these sections.
(2) Notwithstanding sections 626.556, subdivision 11, and
626.557, subdivision 12b, when any person subject to
disqualification under section 245C.14 in connection with a
license to provide family day care for children, child care
center services, foster care for children in the provider's
home, or foster care or day care services for adults in the
provider's home is a substantiated perpetrator of maltreatment,
and the substantiated maltreatment is a reason for a licensing
action, the identity of the substantiated perpetrator of
maltreatment is public data. For purposes of this clause, a
person is a substantiated perpetrator if the maltreatment
determination has been upheld under section 256.045; 626.556,
subdivision 10i; 626.557, subdivision 9d; or chapter 14, or if
an individual or facility has not timely exercised appeal rights
under these sections.
(2) (3) For applicants who withdraw their application prior
to licensure or denial of a license, the following data are
public: the name of the applicant, the city and county in which
the applicant was seeking licensure, the dates of the
commissioner's receipt of the initial application and completed
application, the type of license sought, and the date of
withdrawal of the application.
(3) (4) For applicants who are denied a license, the
following data are public: the name of the applicant, the city
and county in which the applicant was seeking licensure, the
dates of the commissioner's receipt of the initial application
and completed application, the type of license sought, the date
of denial of the application, the nature of the basis for the
denial, and the status of any appeal of the denial.
(4) (5) The following data on persons subject to
disqualification under section 245C.14 in connection with a
license to provide family day care for children, child care
center services, foster care for children in the provider's
home, or foster care or day care services for adults in the
provider's home, are public: the nature of any disqualification
set aside under section 245C.22, subdivisions 2 and 4, and the
reasons for setting aside the disqualification; the nature of
any disqualification for which a variance was granted under
sections 245A.04, subdivision 9; and 245C.30, and the reasons
for granting any variance under section 245A.04, subdivision 9;
and, if applicable, the disclosure that any person subject to a
background study under section 245C.03, subdivision 1, has
successfully passed a background study.
(5) (6) When maltreatment is substantiated under section
626.556 or 626.557 and the victim and the substantiated
perpetrator are affiliated with a program licensed under chapter
245A, the commissioner of human services, local social services
agency, or county welfare agency may inform the license holder
where the maltreatment occurred of the identity of the
substantiated perpetrator and the victim.
(c) The following are private data on individuals under
section 13.02, subdivision 12, or nonpublic data under section
13.02, subdivision 9: personal and personal financial data on
family day care program and family foster care program
applicants and licensees and their family members who provide
services under the license.
(d) The following are private data on individuals: the
identity of persons who have made reports concerning licensees
or applicants that appear in inactive investigative data, and
the records of clients or employees of the licensee or applicant
for licensure whose records are received by the licensing agency
for purposes of review or in anticipation of a contested
matter. The names of reporters under sections 626.556 and
626.557 may be disclosed only as provided in section 626.556,
subdivision 11, or 626.557, subdivision 12b.
(e) Data classified as private, confidential, nonpublic, or
protected nonpublic under this subdivision become public data if
submitted to a court or administrative law judge as part of a
disciplinary proceeding in which there is a public hearing
concerning a license which has been suspended, immediately
suspended, revoked, or denied.
(f) Data generated in the course of licensing
investigations that relate to an alleged violation of law are
investigative data under subdivision 3.
(g) Data that are not public data collected, maintained,
used, or disseminated under this subdivision that relate to or
are derived from a report as defined in section 626.556,
subdivision 2, or 626.5572, subdivision 18, are subject to the
destruction provisions of sections 626.556, subdivision 11c, and
626.557, subdivision 12b.
(h) Upon request, not public data collected, maintained,
used, or disseminated under this subdivision that relate to or
are derived from a report of substantiated maltreatment as
defined in section 626.556 or 626.557 may be exchanged with the
Department of Health for purposes of completing background
studies pursuant to section 144.057 and with the Department of
Corrections for purposes of completing background studies
pursuant to section 241.021.
(i) Data on individuals collected according to licensing
activities under chapters 245A and 245C, and data on individuals
collected by the commissioner of human services according to
maltreatment investigations under sections 626.556 and 626.557,
may be shared with the Department of Human Rights, the
Department of Health, the Department of Corrections, the
Ombudsman for Mental Health and Retardation, and the
individual's professional regulatory board when there is reason
to believe that laws or standards under the jurisdiction of
those agencies may have been violated.
(j) In addition to the notice of determinations required
under section 626.556, subdivision 10f, if the commissioner or
the local social services agency has determined that an
individual is a substantiated perpetrator of maltreatment of a
child based on sexual abuse, as defined in section 626.556,
subdivision 2, and the commissioner or local social services
agency knows that the individual is a person responsible for a
child's care in another facility, the commissioner or local
social services agency shall notify the head of that facility of
this determination. The notification must include an
explanation of the individual's available appeal rights and the
status of any appeal. If a notice is given under this
paragraph, the government entity making the notification shall
provide a copy of the notice to the individual who is the
subject of the notice.
Sec. 41. Minnesota Statutes 2004, section 13.591, is
amended by adding a subdivision to read:
Subd. 4. [CLASSIFICATION OF EVALUATIVE DATA; DATA
SHARING.] (a) Data created or maintained by a government entity
as part of the selection or evaluation process referred to in
this section are protected nonpublic data until completion of
the selection process or completion of the evaluation process at
which time the data are public with the exception of trade
secret data as defined and classified in section 13.37.
(b) If a state agency asks employees of other state
agencies to assist with the selection of the responses to a
request for bid or the evaluation of responses to a request for
proposal, the state agency may share not public data in the
responses with those employees. The employees participating in
the selection or evaluation may not further disseminate the not
public data they review.
Sec. 42. Minnesota Statutes 2004, section 13.591, is
amended by adding a subdivision to read:
Subd. 5. [INTERNAL COMPETITIVE RESPONSE.] (a) For purposes
of this subdivision, "internal competitive response" means a bid
or proposal to provide government goods or services that is
prepared by the staff of a government entity in competition with
bids or proposals solicited by (1) the same government entity
from the private sector or (2) a different government entity
from the private sector.
(b) Data in an internal competitive response is classified
as private or nonpublic until completion of the selection
process or completion of the evaluation process at which time
the data are public with the exception of trade secret data as
defined and classified in section 13.37.
Sec. 43. Minnesota Statutes 2004, section 13.601, is
amended by adding a subdivision to read:
Subd. 3. [APPLICANTS FOR ELECTION OR APPOINTMENT.] The
following data on all applicants for election or appointment to
a public body, including those subject to chapter 13D, are
public: name, city of residence, education and training,
employment history, volunteer work, awards and honors, and prior
government service or experience.
Sec. 44. Minnesota Statutes 2004, section 13.635, is
amended by adding a subdivision to read:
Subd. 1a. [STATE BOARD OF INVESTMENT.] Certain government
data of the State Board of Investment related to investments are
classified under section 11A.24, subdivision 6.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 45. Minnesota Statutes 2004, section 13.643, is
amended by adding a subdivision to read:
Subd. 6. [ANIMAL PREMISE DATA.] (a) The following data
collected and maintained by the Board of Animal Health related
to registration and identification of premises and animals under
chapter 35, are classified as private or nonpublic:
(1) the names and addresses;
(2) the location of the premises where animals are kept;
and
(3) the identification number of the premises or the animal.
(b) The Board of Animal Health may disclose data collected
under paragraph (a) to any person, agency, or to the public if
the board determines that the access will aid in the law
enforcement process or the protection of public or animal health
or safety.
Sec. 46. Minnesota Statutes 2004, section 13.72, is
amended by adding a subdivision to read:
Subd. 11. [DESIGN-BUILD TRANSPORTATION PROJECT.] When the
Department of Transportation undertakes a design-build
transportation project as defined in section 161.3410,
subdivision 6, the statement of qualification evaluation
criteria and scoring methodology, statement of qualification
evaluations, technical proposal evaluation criteria and scoring
methodology, and technical proposal evaluations are classified
as protected nonpublic data with regard to data not on
individuals and as confidential data on individuals. The
statement of qualification evaluation criteria and scoring
methodology and statement of qualification evaluations are
public when the Department of Transportation announces the short
list of qualified contractors. The technical proposal
evaluation criteria, scoring methodology, and technical proposal
evaluations are public when the project is awarded.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 47. Minnesota Statutes 2004, section 13.72, is
amended by adding a subdivision to read:
Subd. 13. [TRANSPORTATION DEPARTMENT DATA.] When the
commissioner of transportation determines that the design-build
best value method of project delivery is appropriate for a
project under sections 161.3410 to 161.3428, relocation reports,
planimetric files, digital terrain models, preliminary design
drawings, commissioner's orders, requests for proposals, and
requests for qualifications are classified as protected
nonpublic data with regard to data not on individuals and
confidential data on individuals until the department publishes
the data as part of the request for proposal process. The
commissioner may release design-build data to land owners,
counties, cities, and other parties under contract to a
government entity as necessary to facilitate project
development. The released data retain their classification as
protected nonpublic data with regard to data not on individuals
and confidential data on individuals as provided by section
13.03, subdivision 4, paragraph (c), until the department
publishes the data as part of the request for proposal process.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 48. Minnesota Statutes 2004, section 13.72, is
amended by adding a subdivision to read:
Subd. 14. [ACCOUNT DATA.] The following data pertaining to
applicants for or users of toll facilities, and high-occupancy
vehicle lanes for which a user fee is charged under section
169.03, are classified as nonpublic data with regard to data not
on individuals and as private data with regard to data on
individuals: data contained in applications for the purchase,
lease, or rental of a device such as an electronic vehicle
transponder which automatically assesses charges for a vehicle's
use of toll roads; personal and vehicle identification data;
financial and credit data; and toll road usage data. Nothing in
this subdivision prohibits the production of summary data as
defined in section 13.02, subdivision 19.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 49. Minnesota Statutes 2004, section 13.82,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] This section shall apply to
agencies which carry on a law enforcement function, including
but not limited to municipal police departments, county sheriff
departments, fire departments, the Bureau of Criminal
Apprehension, the Minnesota State Patrol, the Board of Peace
Officer Standards and Training, the Division of Insurance Fraud
Prevention in the Department of Commerce, and the program
integrity section of, and county human service agency client and
provider fraud prevention and control units operated or
supervised by the Department of Human Services.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 50. Minnesota Statutes 2004, section 13.82,
subdivision 16, is amended to read:
Subd. 16. [PUBLIC ACCESS.] When data is classified as
public under this section, a law enforcement agency shall not be
required to make the actual physical data available to the
public if it is not administratively feasible to segregate the
public data from the confidential not public. However, the
agency must make the information described as public data
available to the public in a reasonable manner. When
investigative data becomes inactive, as described in subdivision
7, the actual physical data associated with that investigation,
including the public data, shall be available for public access.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 51. Minnesota Statutes 2004, section 16C.06,
subdivision 5, is amended to read:
Subd. 5. [STATE AS RESPONDER.] The head of an agency, in
consultation with the requesting agency and the commissioner,
may respond to a solicitation or request if the goods and
services meet the needs of the requesting agency and provide the
state with the best value. When an agency responds to a
solicitation, all work product relating to the response is
nonpublic data as defined in section 13.02, and shall become
public information in accordance with subdivision 3 classified
by section 13.591, subdivision 4.
Sec. 52. [41A.0235] [BOARD MEETINGS BY TELEPHONE OR OTHER
ELECTRONIC MEANS.]
(a) If compliance with section 13D.02 is impractical, the
Minnesota Agricultural and Economic Development Board may
conduct a meeting of its members by telephone or other
electronic means so long as the following conditions are met:
(1) all members of the board participating in the meeting,
wherever their physical location, can hear one another and can
hear all discussion and testimony;
(2) members of the public present at the regular meeting
location of the board can hear clearly all discussion and
testimony and all votes of members of the board and, if needed,
receive those services required by sections 15.44 and 15.441;
(3) at least one member of the board is physically present
at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
(b) Each member of the board participating in a meeting by
telephone or other electronic means is considered present at the
meeting for purposes of determining a quorum and participating
in all proceedings.
(c) If telephone or other electronic means is used to
conduct a meeting, the board, to the extent practical, shall
allow a person to monitor the meeting electronically from a
remote location. The board may require the person making such a
connection to pay for documented marginal costs that the board
incurs as a result of the additional connection.
(d) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the board
shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other
electronic means, and of the provisions of paragraph (c). The
timing and method of providing notice is governed by section
13D.04.
Sec. 53. Minnesota Statutes 2004, section 116J.68, is
amended by adding a subdivision to read:
Subd. 5. [ADVISORY BOARD MEETINGS.] (a) If compliance with
section 13D.02 is impractical, the Small Business Development
Center Advisory Board, created pursuant to United State Code,
title 15, section 648, may conduct a meeting of its members by
telephone or other electronic means so long as the following
conditions are met:
(1) all members of the board participating in the meeting,
wherever their physical location, can hear one another and can
hear all discussion and testimony;
(2) members of the public present at the regular meeting
location of the board can hear clearly all discussion and
testimony and all votes of members of the board and, if needed,
receive those services required by sections 15.44 and 15.441;
(3) at least one member of the board is physically present
at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
(b) Each member of the board participating in a meeting by
telephone or other electronic means is considered present at the
meeting for purposes of determining a quorum and participating
in all proceedings.
(c) If telephone or other electronic means is used to
conduct a meeting, the board, to the extent practical, shall
allow a person to monitor the meeting electronically from a
remote location. The board may require the person making such a
connection to pay for documented marginal costs that the board
incurs as a result of the additional connection.
(d) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the board
shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other
electronic means, and of the provisions of paragraph (c). The
timing and method of providing notice is governed by section
13D.04.
Sec. 54. Minnesota Statutes 2004, section 116L.03, is
amended by adding a subdivision to read:
Subd. 8. [BOARD MEETINGS.] (a) If compliance with section
13D.02 is impractical, the Minnesota Job Skills Partnership
Board may conduct a meeting of its members by telephone or other
electronic means so long as the following conditions are met:
(1) all members of the board participating in the meeting,
wherever their physical location, can hear one another and can
hear all discussion and testimony;
(2) members of the public present at the regular meeting
location of the board can hear clearly all discussion and
testimony and all votes of members of the board and, if needed,
receive those services required by sections 15.44 and 15.441;
(3) at least one member of the board is physically present
at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
(b) Each member of the board participating in a meeting by
telephone or other electronic means is considered present at the
meeting for purposes of determining a quorum and participating
in all proceedings.
(c) If telephone or other electronic means is used to
conduct a meeting, the board, to the extent practical, shall
allow a person to monitor the meeting electronically from a
remote location. The board may require the person making such a
connection to pay for documented marginal costs that the board
incurs as a result of the additional connection.
(d) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the board
shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other
electronic means, and of the provisions of paragraph (c). The
timing and method of providing notice is governed by section
13D.04.
Sec. 55. Minnesota Statutes 2004, section 116L.665, is
amended by adding a subdivision to read:
Subd. 2a. [COUNCIL MEETINGS.] (a) If compliance with
section 13D.02 is impractical, the Governor's Workforce
Development Council may conduct a meeting of its members by
telephone or other electronic means so long as the following
conditions are met:
(1) all members of the council participating in the
meeting, wherever their physical location, can hear one another
and can hear all discussion and testimony;
(2) members of the public present at the regular meeting
location of the council can hear clearly all discussion and
testimony and all votes of members of the council and, if
needed, receive those services required by sections 15.44 and
15.441;
(3) at least one member of the council is physically
present at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
(b) Each member of the council participating in a meeting
by telephone or other electronic means is considered present at
the meeting for purposes of determining a quorum and
participating in all proceedings.
(c) If telephone or other electronic means is used to
conduct a meeting, the council, to the extent practical, shall
allow a person to monitor the meeting electronically from a
remote location. The council may require the person making such
a connection to pay for documented marginal costs that the
council incurs as a result of the additional connection.
(d) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the council
shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other
electronic means, and of the provisions of paragraph (c). The
timing and method of providing notice is governed by section
13D.04.
Sec. 56. Minnesota Statutes 2004, section 116M.15, is
amended by adding a subdivision to read:
Subd. 5. [BOARD MEETING.] (a) If compliance with section
13D.02 is impractical, the Urban Initiative Board may conduct a
meeting of its members by telephone or other electronic means so
long as the following conditions are met:
(1) all members of the board participating in the meeting,
wherever their physical location, can hear one another and can
hear all discussion and testimony;
(2) members of the public present at the regular meeting
location of the board can hear clearly all discussion and
testimony and all votes of members of the board and, if needed,
receive those services required by sections 15.44 and 15.441;
(3) at least one member of the board is physically present
at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
(b) Each member of the board participating in a meeting by
telephone or other electronic means is considered present at the
meeting for purposes of determining a quorum and participating
in all proceedings.
(c) If telephone or other electronic means is used to
conduct a meeting, the board, to the extent practical, shall
allow a person to monitor the meeting electronically from a
remote location. The board may require the person making such a
connection to pay for documented marginal costs that the board
incurs as a result of the additional connection.
(d) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the board
shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other
electronic means, and of the provisions of paragraph (c). The
timing and method of providing notice is governed by section
13D.04.
Sec. 57. Minnesota Statutes 2004, section 116U.25, is
amended to read:
116U.25 [EXPLORE MINNESOTA TOURISM COUNCIL.]
(a) The director shall be advised by the Explore Minnesota
Tourism Council consisting of up to 28 voting members appointed
by the governor for four-year terms, including:
(1) the director of Explore Minnesota Tourism who serves as
the chair;
(2) eleven representatives of statewide associations
representing bed and breakfast establishments, golf, festivals
and events, counties, convention and visitor bureaus, lodging,
resorts, trails, campgrounds, restaurants, and chambers of
commerce;
(3) one representative from each of the four tourism
marketing regions of the state as designated by the office;
(4) six representatives of the tourism business
representing transportation, retail, travel agencies, tour
operators, travel media, and convention facilities;
(5) one or more ex-officio nonvoting members including at
least one from the University of Minnesota Tourism Center;
(6) four legislators, two from each house, one each from
the two largest political party caucuses in each house,
appointed according to the rules of the respective houses; and
(7) other persons, if any, as designated from time to time
by the governor.
(b) The council shall act to serve the broader interests of
tourism in Minnesota by promoting activities that support,
maintain, and expand the state's domestic and international
travel market, thereby generating increased visitor
expenditures, tax revenue, and employment.
(c) Filling of membership vacancies is as provided in
section 15.059. The terms of one-half of the members shall be
coterminous with the governor and the terms of the remaining
one-half of the members shall end on the first Monday in January
one year after the terms of the other members. Members may
serve until their successors are appointed and qualify. Members
are not compensated. A member may be reappointed.
(d) The council shall meet at least four times per year and
at other times determined by the council. Notwithstanding
section 15.059, the council does not expire.
(e) If compliance with section 13D.02 is impractical, the
Explore Minnesota Tourism Council may conduct a meeting of its
members by telephone or other electronic means so long as the
following conditions are met:
(1) all members of the council participating in the
meeting, wherever their physical location, can hear one another
and can hear all discussion and testimony;
(2) members of the public present at the regular meeting
location of the council can hear clearly all discussion and
testimony and all votes of members of the council and, if
needed, receive those services required by sections 15.44 and
15.441;
(3) at least one member of the council is physically
present at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
(f) Each member of the council participating in a meeting
by telephone or other electronic means is considered present at
the meeting for purposes of determining a quorum and
participating in all proceedings.
(g) If telephone or other electronic means is used to
conduct a meeting, the council, to the extent practical, shall
allow a person to monitor the meeting electronically from a
remote location. The council may require the person making such
a connection to pay for documented marginal costs that the
council incurs as a result of the additional connection.
(h) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the council
shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other
electronic means, and of the provisions of paragraph (g). The
timing and method of providing notice is governed by section
13D.04.
Sec. 58. Minnesota Statutes 2004, section 168.346, is
amended to read:
168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS PERSONAL
INFORMATION.]
(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. Subdivision 1. [VEHICLE REGISTRATION DATA; FEDERAL
COMPLIANCE.] (a) Data on an individual provided to register a
vehicle shall be treated as provided by United States Code,
title 18, section 2721, as in effect on May 23, 2005, and shall
be disclosed as required or permitted by that section.
(b) An individual The 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 who is an individual may be
disclosed consent in writing to the commissioner to disclose the
individual's personal information exempted by United States
Code, title 18, section 2721, to any person who makes a written
request for the personal information, and that, except for uses
permitted by United States Code, title 18, section 2721,
subsection (b),. If the registered owner may prohibit
disclosure of the personal information by so indicating on the
form is an individual and so authorizes disclosure, the
commissioner shall implement the request. 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, If authorized
by the individual registered owner of a motor vehicle must also
be informed in a clear and conspicuous manner on forms that as
indicated in paragraph (b), the registered owner's personal
information may be used, rented, or sold solely for bulk
distribution by organizations for business purposes including
surveys, marketing, and or 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) Subd. 2. [PERSONAL INFORMATION DISCLOSURE FOR PUBLIC
SAFETY.] The commissioner shall disclose personal information
when the use is related to the operation or use of a motor
vehicle or to public safety. The use of personal information is
related to public safety if it concerns the physical safety or
security of drivers, vehicles, pedestrians, or property. The
commissioner may refuse to disclose data under this paragraph
subdivision when the commissioner concludes that the requester
is likely to use the data for illegal, improper, or
noninvestigative purposes.
(e) 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, subsection (b). Subd. 3. [PRIVACY CLASSIFICATION FOR
PERSONAL SAFETY.] The registered owner of a vehicle who is an
individual may request, in writing, that the registered 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
on receipt of a signed statement by the registered owner that
the classification is required for the safety of the registered
owner or the registered owner's family, if the statement also
provides a valid, existing address where the registered owner
consents to receive service of process. The commissioner shall
use the service of process mailing address in place of the
registered owner's residence address in all documents and
notices pertaining to the vehicle. The residence address or
name and residence address and any information provided in the
classification request, other than the individual's service for
process mailing address, are private data on individuals but may
be provided to requesting law enforcement agencies, probation
and parole agencies, and public authorities, as defined in
section 518.54, subdivision 9.
Sec. 59. Minnesota Statutes 2004, section 168A.04, is
amended by adding a subdivision to read:
Subd. 2a. [ALTERNATE MAILING ADDRESS.] If the United
States Postal Service will not deliver mail to the residence
address of a registered owner who is an individual as listed on
the title application, then the registered owner must provide
verification from the United States Postal Service that mail
will not be delivered to the registered owner's residence
address and that mail will be delivered to a specified alternate
mailing address. When an applicant provides an alternate
mailing address under this subdivision, the commissioner shall
use the alternate mailing address in lieu of the residence
address for all notices and mailings to the registered owner.
Sec. 60. Minnesota Statutes 2004, section 169.09,
subdivision 1, is amended to read:
Subdivision 1. [DRIVER TO STOP FOR ACCIDENT WITH
PERSON INDIVIDUAL.] The driver of any motor vehicle involved in
an accident resulting in immediately demonstrable bodily injury
to or death of any person individual shall immediately stop the
vehicle at the scene of the accident, or as close to the scene
as possible, but shall then return to and in every event, shall
remain at, the scene of the accident, until the driver has
fulfilled the requirements of this chapter section as to the
giving of information. The stop shall must be made without
unnecessarily obstructing traffic.
Sec. 61. Minnesota Statutes 2004, section 169.09,
subdivision 2, is amended to read:
Subd. 2. [DRIVER TO STOP FOR ACCIDENT TO PROPERTY.] The
driver of any motor vehicle involved in an accident to a vehicle
which is driven or attended by any person individual shall
immediately stop such the motor vehicle at the scene of such the
accident, or as close thereto to the accident as possible, but
shall forthwith return to, and in every event shall remain at,
the scene of the accident, until the driver has fulfilled the
requirements of this chapter section as to the giving of
information. Every such The stop shall must be made without
unnecessarily obstructing traffic more than is necessary.
Sec. 62. Minnesota Statutes 2004, section 169.09,
subdivision 3, is amended to read:
Subd. 3. [DRIVER TO GIVE INFORMATION.] (a) The driver of
any motor vehicle involved in an accident resulting in bodily
injury to or death of any person individual, or damage to any
vehicle which is driven or attended by any person individual,
shall stop and give the driver's name, address, and date of
birth and the registration plate number of the vehicle being
driven, and. The driver shall, upon request and if available,
exhibit the driver's license or permit to drive to the person
individual struck or the driver or occupant of or person
individual attending any vehicle collided with. The driver also
shall give the information and upon request exhibit the license
or permit to any police peace officer at the scene of the
accident or who is investigating the accident. The driver shall
render reasonable assistance to any person individual injured in
the accident.
(b) If not given at the scene of the accident, the driver,
within 72 hours thereafter after the accident, shall give upon,
on request to any person individual involved in the accident or
to a peace officer investigating the accident, the name and
address of the insurer providing automobile vehicle liability
insurance coverage, and the local insurance agent for the
insurer.
Sec. 63. Minnesota Statutes 2004, section 169.09,
subdivision 4, is amended to read:
Subd. 4. [COLLISION WITH UNATTENDED VEHICLE.] The driver
of any motor vehicle which that collides with and damages any
vehicle which that is unattended shall immediately stop and
either locate and notify the driver or owner of the vehicle of
the name and address of the driver and registered owner of the
vehicle striking the unattended vehicle, shall report the this
same information to a police peace officer, or shall leave in a
conspicuous place in or secured to the vehicle struck, a written
notice giving the name and address of the driver and of
the registered owner of the vehicle doing the striking.
Sec. 64. Minnesota Statutes 2004, section 169.09,
subdivision 5, is amended to read:
Subd. 5. [NOTIFY OWNER OF DAMAGED PROPERTY.] The driver of
any vehicle involved in an accident resulting only in damage to
fixtures legally upon or adjacent to a highway shall take
reasonable steps to locate and notify the owner or person in
charge of such the property of such that fact and, of the
driver's name and address, and of the registration plate number
of the vehicle being driven and shall, upon request and if
available, exhibit the driver's or chauffeur's license, and make
report of such the accident in every case. The report shall
must be made in the same manner as a report made pursuant to
subdivision 7.
Sec. 65. Minnesota Statutes 2004, section 169.09,
subdivision 6, is amended to read:
Subd. 6. [NOTIFY POLICE NOTICE OF PERSONAL INJURY.] The
driver of a vehicle involved in an accident resulting in bodily
injury to or death of any person individual shall, after
compliance with the provisions of this section, and by the
quickest means of communication, give notice of the accident to
the local police department, if the accident occurs within a
municipality, or to a State Patrol officer if the accident
occurs on a trunk highway, or to the office of the sheriff of
the county.
Sec. 66. Minnesota Statutes 2004, section 169.09,
subdivision 7, is amended to read:
Subd. 7. [ACCIDENT REPORT TO COMMISSIONER.] (a) The driver
of a vehicle involved in an accident resulting in bodily injury
to or death of any person individual or total property damage to
an apparent extent of $1,000 or more, shall forward a written
report of the accident to the commissioner of public safety
within ten days thereof of the accident. On the required
report, the driver shall provide the commissioner with the name
and policy number of the insurer providing vehicle
liability insurance coverage at the time of the accident.
(b) On determining that the original report of any driver
of a vehicle involved in an accident of which report must be
made as provided in this section is insufficient, the
commissioner of public safety may require the driver to file
supplementary reports information.
Sec. 67. Minnesota Statutes 2004, section 169.09,
subdivision 8, is amended to read:
Subd. 8. [OFFICER TO REPORT ACCIDENT TO COMMISSIONER.]
A law enforcement peace officer who, in the regular course of
duty, investigates a motor vehicle an accident that must be
reported under this section shall, within ten days after the
date of the accident, forward an electronic or written report of
the accident to as prescribed by the commissioner of public
safety.
Sec. 68. Minnesota Statutes 2004, section 169.09,
subdivision 9, is amended to read:
Subd. 9. [ACCIDENT REPORT FORMS FORMAT.] The Department
commissioner of public safety shall prepare electronic or
written forms prescribe the format for the accident reports
required under this section. Upon request the
department commissioner shall supply make available the forms
format to police departments, coroners, sheriffs, garages, and
other suitable agencies or individuals. The forms must be
appropriate with respect to the persons required to make the
reports and the purposes to be served. The electronic or
written report forms to be completed by persons individuals
involved in accidents and by investigating peace officers
must call for sufficiently detailed information to disclose with
reference to a traffic accident the causes, existing conditions
then existing, and the persons individuals and vehicles involved.
Sec. 69. Minnesota Statutes 2004, section 169.09,
subdivision 11, is amended to read:
Subd. 11. [CORONER TO REPORT DEATH.] Every coroner or
other official performing like functions shall report in writing
to the Department commissioner of public safety the death of any
person individual within the coroner's jurisdiction as the
result of an accident involving a motor vehicle and the
circumstances of the accident. The report shall must be made
within 15 days after the death.
In the case of drivers killed in motor vehicle accidents
and of the death of pedestrians 16 years of age or older, who
die within four hours after an accident, the coroner or other
official performing like functions shall examine the body and
shall make tests as are necessary to determine the presence and
percentage concentration of alcohol, and drugs if feasible, in
the blood of the victim. This information shall must be
included in each report submitted pursuant to the provisions of
this subdivision and shall be tabulated on a monthly basis by
the Department commissioner of public safety. This information
may be used only for statistical purposes which that do not
reveal the identity of the deceased.
Sec. 70. Minnesota Statutes 2004, section 169.09,
subdivision 12, is amended to read:
Subd. 12. [GARAGE TO REPORT BULLET DAMAGE.] The
person individual in charge of any garage or repair shop to
which is brought any motor vehicle which that shows evidence of
having been struck by any bullet shall immediately report to the
local police or sheriff and to the commissioner of public safety
within 24 hours after such motor the vehicle is received, giving
the engine number if any, registration plate number, and the
name and address of the registered owner or operator of such the
vehicle.
Sec. 71. Minnesota Statutes 2004, section 169.09,
subdivision 14, is amended to read:
Subd. 14. [PENALTIES.] (a) The driver of any vehicle who
violates subdivision 1 or 6 and who did not cause the accident
is punishable as follows:
(1) if the accident results in the death of any person
individual, the driver is guilty of a felony and may be
sentenced to imprisonment for not more than three years, or to
payment of a fine of not more than $5,000, or both;
(2) if the accident results in great bodily harm to any
person individual, as defined in section 609.02, subdivision 8,
the driver is guilty of a felony and may be sentenced to
imprisonment for not more than two years, or to payment of a
fine of not more than $4,000, or both; or
(3) if the accident results in substantial bodily harm to
any person individual, as defined in section 609.02, subdivision
7a, the driver may be sentenced to imprisonment for not more
than one year, or to payment of a fine of not more than $3,000,
or both.
(b) The driver of any vehicle involved in an accident not
resulting in substantial bodily harm or death who violates
subdivision 1 or 6 may be sentenced to imprisonment for not more
than one year, or to payment of a fine of not more than $3,000,
or both.
(c) Any person who violates subdivision 2, 3, 4, 5, 7, 8,
10, 11, or 12 is guilty of a misdemeanor.
(d) The attorney in the jurisdiction in which the violation
occurred who is responsible for prosecution of misdemeanor
violations of this section shall also be responsible for
prosecution of gross misdemeanor violations of this section.
Sec. 72. Minnesota Statutes 2004, section 169.09,
subdivision 15, is amended to read:
Subd. 15. [DEFENSE.] It is an affirmative defense to
prosecution under subdivisions 1, 2, and 6 that the driver left
the scene of the accident to take any person individual
suffering immediately demonstrable bodily injury in the accident
to receive emergency medical care if the driver of the involved
vehicle gives notice to a law enforcement agency as required by
subdivision 6 as soon as reasonably feasible after the emergency
medical care has been undertaken.
Sec. 73. Minnesota Statutes 2004, section 169.09, is
amended by adding a subdivision to read:
Subd. 16. [COMMISSIONER AS AGENT FOR SERVICE OF
PROCESS.] The use and operation by a resident of this state or
the resident's agent, or by a nonresident or the nonresident's
agent, of a motor vehicle within the state of Minnesota, is
deemed an irrevocable appointment by the resident if absent from
this state continuously for six months or more following an
accident, or by the nonresident at any time, of the commissioner
of public safety to be the resident's or nonresident's true and
lawful attorney upon whom may be served all legal process in any
action or proceeding against the resident or nonresident or the
executor, administrator, or personal representative of the
resident or nonresident growing out of the use and operation of
a motor vehicle within this state, resulting in damages or loss
to person or property, whether the damage or loss occurs on a
highway or on abutting public or private property. This
appointment is binding upon the nonresident's executor,
administrator, or personal representative. The use or operation
of a motor vehicle by the resident or nonresident is a
signification of agreement that any process in any action
against the resident or nonresident or executor, administrator,
or personal representative of the resident or nonresident that
is so served has the same legal force and validity as if served
upon the resident or nonresident personally or on the executor,
administrator, or personal representative of the resident or
nonresident. Service of process must be made by serving a copy
thereof upon the commissioner or by filing a copy in the
commissioner's office, together with payment of a fee of $20,
and is deemed sufficient service upon the absent resident or the
nonresident or the executor, administrator, or personal
representative of the resident or nonresident; provided that
notice of service and a copy of the process are sent by mail by
the plaintiff within ten days to the defendant at the
defendant's last known address and that the plaintiff's
affidavit of compliance with the provisions of this chapter is
attached to the summons.
Sec. 74. Minnesota Statutes 2004, section 169.09, is
amended by adding a subdivision to read:
Subd. 17. [INFORMATION; VEHICLE OWNERS.] If an accident
report has been prepared by a person involved in an accident and
no report has been prepared by a law enforcement officer, the
owners of the vehicles involved in an accident shall have the
same access to information maintained by the Department of
Public Safety, Driver and Vehicle Services Division, about the
vehicles, their owners, and their drivers that would have been
available to a law enforcement officer reporting on the accident.
Sec. 75. Minnesota Statutes 2004, section 169.09, is
amended by adding a subdivision to read:
Subd. 18. [CONTINUANCE OF COURT PROCEEDING; COSTS.] The
court in which the action is pending may order a continuance as
may be necessary to afford the defendant reasonable opportunity
to defend the action, not exceeding 90 days from the date of
filing of the action in that court. The fee of $20 paid by the
plaintiff to the commissioner at the time of service of the
proceedings must be taxed in the plaintiff's cost if the
plaintiff prevails in the suit. The commissioner shall keep a
record of all processes so served, which must show the day and
hour of service.
Sec. 76. Minnesota Statutes 2004, section 171.07,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE; CONTENTS.] (a) Upon the payment
of the required fee, the department shall issue to every
qualifying applicant a license designating the type or class of
vehicles the applicant is authorized to drive as applied for.
This license must bear a distinguishing number assigned to the
licensee,; the licensee's full name, date of birth, and
residence address and permanent mailing address if different,; a
description of the licensee in a manner as the commissioner
deems necessary,; and the usual signature of the licensee. No
license is valid unless it bears the usual signature of the
licensee. Every license must bear a colored photograph or an
electronically produced image of the licensee.
(b) If the United States Postal Service will not deliver
mail to the applicant's residence address as listed on the
license, then the applicant shall provide verification from the
United States Postal Service that mail will not be delivered to
the applicant's residence address and that mail will be
delivered to a specified alternate mailing address. When an
applicant provides an alternate mailing address under this
subdivision, the commissioner shall use the alternate mailing
address in lieu of the applicant's residence address for all
notices and mailings to the applicant.
(c) Every license issued to an applicant under the age of
21 must be of a distinguishing color and plainly marked
"Under-21."
(c) (d) The department shall use processes in issuing a
license that prohibit, as nearly as possible, the ability to
alter or reproduce a license, or prohibit the ability to
superimpose a photograph or electronically produced image on a
license, without ready detection.
(d) (e) A license issued to an applicant age 65 or over
must be plainly marked "senior" if requested by the applicant.
Sec. 77. Minnesota Statutes 2004, section 171.07,
subdivision 3, is amended to read:
Subd. 3. [IDENTIFICATION CARD; FEE.] (a) Upon payment of
the required fee, the department shall issue to every qualifying
applicant a Minnesota identification card. The department may
not issue a Minnesota identification card to a person an
individual who has a driver's license, other than a limited
license. The card must bear a distinguishing number assigned to
the applicant; a colored photograph or an electronically
produced image of the applicant; the applicant's full name, date
of birth, and residence address; a description of the applicant
in the manner as the commissioner deems necessary; and the usual
signature of the applicant.
(b) If the United States Postal Service will not deliver
mail to the applicant's residence address as listed on the
Minnesota identification card, then the applicant shall provide
verification from the United States Postal Service that mail
will not be delivered to the applicant's residence address and
that mail will be delivered to a specified alternate mailing
address. When an applicant provides an alternate mailing
address under this subdivision, the commissioner shall use the
alternate mailing address in lieu of the applicant's residence
address for all notices and mailings to the applicant.
(c) Each identification card issued to an applicant under
the age of 21 must be of a distinguishing color and plainly
marked "Under-21."
(c) (d) Each Minnesota identification card must be plainly
marked "Minnesota identification card - not a driver's license."
(d) (e) The fee for a Minnesota identification card is 50
cents when issued to a person who is mentally retarded, as
defined in section 252A.02, subdivision 2; a physically disabled
person, as defined in section 169.345, subdivision 2; or, a
person with mental illness, as described in section 245.462,
subdivision 20, paragraph (c).
Sec. 78. Minnesota Statutes 2004, section 171.12,
subdivision 7, is amended to read:
Subd. 7. [PRIVACY OF RESIDENCE ADDRESS DATA.] (a) An
applicant for a driver's license or a Minnesota identification
card may request that the applicant's 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
individual that the classification is required for the safety of
the applicant or the applicant's family, if the statement also
provides a valid, existing address where the applicant 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 driver's license or
identification card. The 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. Data on individuals provided to obtain a
driver's license or Minnesota identification card shall be
treated as provided by United States Code, title 18, section
2721, as in effect on May 23, 2005, and shall be disclosed as
required or permitted by that section.
(b) An applicant for a driver's license or a Minnesota
identification card must be informed in a clear and conspicuous
manner on the forms for the issuance or renewal that may
consent, in writing, to the commissioner to disclose the
applicant's personal information may be disclosed exempted by
United States Code, title 18, section 2721, 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, subsection (b), the applicant may prohibit disclosure of
the personal information by so indicating on the form. If the
applicant so authorizes disclosures, the commissioner shall
implement the request and the information may be used.
(c) If authorized by an applicant for a driver's license or
a Minnesota identification card must be also informed in a clear
and conspicuous manner on forms that, as indicated in paragraph
(b), the applicant's personal information may be used, rented,
or sold solely for bulk distribution by organizations for
business purposes, including surveys, marketing, or
solicitation. The commissioner shall implement methods and
procedures that enable the applicant to request that bulk
surveys, marketing, or solicitation not be directed to the
applicant. If the applicant 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 obtain a
Minnesota identification card or a driver's license is public
data on individuals and shall be disclosed as permitted by
United States Code, title 18, section 2721, subsection (b). An
applicant for a driver's license, instruction permit, or
Minnesota identification card may request that the applicant's
residence address be classified as "private data on
individuals," as defined in section 13.02, subdivision 12. The
commissioner shall grant the classification on receipt of a
signed statement by the individual that the classification is
required for the safety of the applicant or the applicant's
family, if the statement also provides a valid, existing address
where the applicant consents to receive service of process. The
commissioner shall use the service for process mailing address
in place of the residence address in all documents and notices
pertaining to the driver's license, instruction permit, or
Minnesota identification card. The 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.
Sec. 79. Minnesota Statutes 2004, section 270B.01,
subdivision 5, is amended to read:
Subd. 5. [TAXPAYER IDENTITY.] "Taxpayer identity" means
the name of a person with respect to whom a return is filed, or
the person's mailing address, or the person's taxpayer
identifying number. "Taxpayer identity" does not include the
state taxpayer identifying number of a business entity, which is
classified as public data.
Sec. 80. Minnesota Statutes 2004, section 270B.03,
subdivision 1, is amended to read:
Subdivision 1. [WHO MAY INSPECT.] Returns and return
information must, on request, be made open to inspection by or
disclosure to the data subject. The request must be made in
writing or in accordance with written procedures of the chief
disclosure officer of the department that have been approved by
the commissioner to establish the identification of the person
making the request as the data subject. For purposes of this
chapter, the following are the data subject:
(1) in the case of an individual return, that individual;
(2) in the case of an income tax return filed jointly,
either of the individuals with respect to whom the return is
filed;
(3) in the case of a partnership return, any person who was
a member of the partnership during any part of the period
covered by the return;
(4) in the case of the return of a corporation or its
subsidiary:
(i) any person designated by resolution of the board of
directors or other similar governing body;
(ii) any officer or employee of the corporation upon
written request signed by any officer and attested to by the
secretary or another officer;
(iii) any bona fide shareholder of record owning one
percent or more of the outstanding stock of the corporation;
(iv) if the corporation is a corporation that has made an
election under section 1362 of the Internal Revenue Code of
1986, as amended through December 31, 1988, any person who was a
shareholder during any part of the period covered by the return
during which an election was in effect; or
(v) if the corporation has been dissolved, any person
authorized by state law to act for the corporation or any person
who would have been authorized if the corporation had not been
dissolved in the case of a return filed by a business entity, an
officer of a corporation, a shareholder owning more than one
percent of the stock, or any shareholder of an S corporation; a
general partner in a partnership; the owner of a sole
proprietorship; a member or manager of a limited liability
company; a participant in a joint venture; the individual who
signed the return on behalf of the business entity; or an
employee who is responsible for handling the tax matters of the
business entity, such as the tax manager, bookkeeper, or
managing agent;
(5) (4) in the case of an estate return:
(i) the personal representative or trustee of the estate;
and
(ii) any beneficiary of the estate as shown on the federal
estate tax return;
(6) (5) in the case of a trust return:
(i) the trustee or trustees, jointly or separately; and
(ii) any beneficiary of the trust as shown in the trust
instrument;
(7) (6) if liability has been assessed to a transferee
under section 289A.31, subdivision 3, the transferee is the data
subject with regard to the returns and return information
relating to the assessed liability;
(8) (7) in the case of an Indian tribal government or an
Indian tribal government-owned entity,
(i) the chair of the tribal government, or
(ii) any person authorized by the tribal government; and
(9) (8) in the case of a successor as defined in section
270.102, subdivision 1, paragraph (b), the successor is the data
subject and information may be disclosed as provided by section
270.102, subdivision 4.
Sec. 81. [299C.40] [COMPREHENSIVE INCIDENT-BASED REPORTING
SYSTEM.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "CIBRS" means the Comprehensive Incident-Based
Reporting System, located in the Department of Public Safety and
managed by the Bureau of Criminal Apprehension, Criminal Justice
Information Systems Section. A reference in this section to
"CIBRS" includes the Bureau of Criminal Apprehension.
(c) "Law enforcement agency" means a Minnesota municipal
police department, the Metropolitan Transit Police, the
Metropolitan Airports Police, the University of Minnesota Police
Department, a Minnesota county sheriff's department, the Bureau
of Criminal Apprehension, or the Minnesota State Patrol.
Subd. 2. [PURPOSE.] CIBRS is a statewide system containing
data from law enforcement agencies. Data in CIBRS must be made
available to law enforcement agencies in order to prepare a case
against a person, whether known or unknown, for the commission
of a crime or other offense for which the agency has
investigative authority, or for purposes of background
investigations required by section 626.87.
Subd. 3. [DATA PRACTICES ACT GOVERNS.] The provisions of
chapter 13 apply to this section.
Subd. 4. [DATA CLASSIFICATION; GENERAL RULE; CHANGES IN
CLASSIFICATION; AUDIT TRAIL.] (a) The classification of data in
the law enforcement agency does not change after the data is
submitted to CIBRS. If CIBRS is the only source of data made
public by section 13.82, subdivisions 2, 3, 6, and 7, data
described in those subdivisions must be downloaded and made
available to the public as required by section 13.03.
(b) Data on individuals created, collected, received,
maintained, or disseminated by CIBRS is classified as
confidential data on individuals as defined in section 13.02,
subdivision 3, and becomes private data on individuals as
defined in section 13.02, subdivision 12, as provided by this
section.
(c) Data not on individuals created, collected, received,
maintained, or disseminated by CIBRS is classified as protected
nonpublic data as defined in section 13.02, subdivision 13, and
becomes nonpublic data as defined in section 13.02, subdivision
9, as provided by this section.
(d) Confidential or protected nonpublic data created,
collected, received, maintained, or disseminated by CIBRS must
automatically change classification from confidential data to
private data or from protected nonpublic data to nonpublic data
on the earlier of the following dates:
(1) upon receipt by CIBRS of notice from a law enforcement
agency that an investigation has become inactive; or
(2) when the data has not been updated by the law
enforcement agency that submitted it for a period of 120 days.
(e) For the purposes of this section, an investigation
becomes inactive upon the occurrence of any of the events listed
in section 13.82, subdivision 7, clauses (a) to (c).
(f) Ten days before making a data classification change
because data has not been updated, CIBRS must notify the law
enforcement agency that submitted the data that a classification
change will be made on the 120th day. The notification must
inform the law enforcement agency that the data will retain its
classification as confidential or protected nonpublic data if
the law enforcement agency updates the data or notifies CIBRS
that the investigation is still active before the 120th day. A
new 120-day period begins if the data is updated or if a law
enforcement agency notifies CIBRS that an active investigation
is continuing.
(g) A law enforcement agency that submits data to CIBRS
must notify CIBRS if an investigation has become inactive so
that the data is classified as private data or nonpublic data.
The law enforcement agency must provide this notice to CIBRS
within ten days after an investigation becomes inactive.
(h) All queries and responses and all actions in which data
is submitted to CIBRS, changes classification, or is
disseminated by CIBRS to any law enforcement agency must be
recorded in the CIBRS audit trail.
Subd. 5. [ACCESS TO CIBRS DATA BY LAW ENFORCEMENT AGENCY
PERSONNEL.] Only law enforcement agency personnel with
certification from the Bureau of Criminal Apprehension may
enter, update, or access CIBRS data. The ability of particular
law enforcement agency personnel to enter, update, or access
CIBRS data must be limited through the use of purpose codes that
correspond to the official duties and training level of the
personnel.
Subd. 6. [ACCESS TO CIBRS DATA BY DATA SUBJECT.] Upon
request to the Bureau of Criminal Apprehension or to a law
enforcement agency participating in CIBRS an individual shall be
informed whether the individual is the subject of private or
confidential data held by CIBRS. An individual who is the
subject of private data held by CIBRS may obtain access to the
data by making a request to the Bureau of Criminal Apprehension
or to a participating law enforcement agency. Private data
provided to the subject under this subdivision must also include
the name of the law enforcement agency that submitted the data
to CIBRS and the name, telephone number, and address of the
responsible authority for the data.
Subd. 7. [CHALLENGE TO COMPLETENESS AND ACCURACY OF DATA.]
An individual who is the subject of public or private data held
by CIBRS and who wants to challenge the completeness or accuracy
of the data under section 13.04, subdivision 4, must notify in
writing the responsible authority for the data. A law
enforcement agency must notify the Bureau of Criminal
Apprehension when data held by CIBRS is challenged. The
notification must identify the data that was challenged and the
subject of the data. CIBRS must include any notification
received under this paragraph whenever disseminating data about
which no determination has been made. When the responsible
authority of a law enforcement agency completes, corrects, or
destroys successfully challenged data, the corrected data must
be submitted to CIBRS and any future dissemination must be of
the corrected data.
Sec. 82. [299C.405] [SUBSCRIPTION SERVICE.]
(a) For the purposes of this subdivision "subscription
service" means a process by which law enforcement agency
personnel may obtain ongoing, automatic electronic notice of any
contacts an individual has with any criminal justice agency.
(b) The Department of Public Safety must not establish a
subscription service without prior legislative authorization.
Sec. 83. [325E.317] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For the purposes of sections
325E.317 and 325E.318, the terms defined in this section have
the meanings given.
Subd. 2. [PROVIDER.] "Provider" means a provider of
wireless telecommunications services.
Subd. 3. [TELECOMMUNICATIONS
SERVICES.] "Telecommunications services" has the meaning given
in section 297A.61, subdivision 24, paragraph (a).
Subd. 4. [WIRELESS DIRECTORY ASSISTANCE
SERVICE.] "Wireless directory assistance service" means any
service for connecting calling parties to a wireless
telecommunications services customer when the calling parties
themselves do not possess the customer's wireless telephone
number information.
Subd. 5. [WIRELESS TELECOMMUNICATIONS SERVICES.] "Wireless
telecommunications services" has the meaning given in section
325F.695.
Subd. 6. [WIRELESS TELEPHONE DIRECTORY.] "Wireless
telephone directory" means a directory or database containing
wireless telephone number information or any other identifying
information by which a calling party may reach a wireless
telecommunications services customer.
Subd. 7. [WIRELESS TELEPHONE NUMBER
INFORMATION.] "Wireless telephone number information" means the
telephone number, electronic address, and any other identifying
information by which a calling party may reach a wireless
telecommunications services customer, which is assigned by a
provider to the customer and includes the customer's name and
address.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 84. [325E.318] [WIRELESS DIRECTORIES.]
Subdivision 1. [NOTICE.] No provider of wireless
telecommunications service, or any direct or indirect affiliate
or agent of a provider, may include the wireless telephone
number information of a customer in a wireless telephone
directory assistance service database or publish, sell, or
otherwise disseminate the contents of a wireless telephone
directory assistance service database unless the provider
provides a conspicuous notice to the subscriber informing the
subscriber that the subscriber will not be listed in a wireless
directory assistance service database without the subscriber's
prior express authorization.
Subd. 2. [AUTHORIZATION.] (a) A provider, or any direct or
indirect affiliate or agent of a provider, may not disclose,
provide, or sell a customer's wireless telephone number
information, or any part thereof, for inclusion in a wireless
telephone directory of any form, and may not sell a wireless
telephone directory containing a customer's wireless telephone
number information without first receiving prior express
authorization from the customer. The customer's authorization
must meet the following requirements:
(1) consent shall be affirmatively obtained separately from
the execution of the service contract via verifiable means; and
(2) consent shall be unambiguous and conspicuously disclose
that the subscriber is consenting to have the customer's dialing
number sold or licensed as part of a publicly available
directory assistance database.
(b) A record of the authorization shall be maintained for
the duration of the service contract or any extension of the
contract.
(c) A subscriber who provides express consent pursuant to
paragraph (a) may revoke that consent via verifiable means at
any time. A provider must comply with the customer's request to
be removed from the directory and remove such listing from
directory assistance within 60 days.
Subd. 3. [NO FEE TO RETAIN PRIVACY.] A customer shall not
be charged for opting not to be listed in a wireless telephone
directory.
Subd. 4. [REMEDIES.] Every knowing violation of this
section is punishable by a fine of up to $500 for each violation
with a maximum aggregated amount of $10,000 for a provider, of
which $100 per violation shall be paid to each victim of the
violation. The attorney general may bring actions to enforce
compliance with this section. For the first violation by any
company or organization of this section, the attorney general
shall notify the company with a letter of warning that the
section has been violated. No telephone corporation, nor any
official or employee of a telephone corporation, shall be
subject to criminal or civil liability for the release of
customer information as authorized by this section.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 85. [325E.59] [USE OF SOCIAL SECURITY NUMBERS.]
Subdivision 1. [GENERALLY.] A person or entity, not
including a government entity, may not do any of the following:
(1) publicly post or publicly display in any manner an
individual's Social Security number. "Publicly post" or
"publicly display" means to intentionally communicate or
otherwise make available to the general public;
(2) print an individual's Social Security number on any
card required for the individual to access products or services
provided by the person or entity;
(3) require an individual to transmit the individual's
Social Security number over the Internet, unless the connection
is secure or the Social Security number is encrypted;
(4) require an individual to use the individual's Social
Security number to access an Internet Web site, unless a
password or unique personal identification number or other
authentication device is also required to access the Internet
Web site; or
(5) print a number that the person or entity knows to be an
individual's Social Security number on any materials that are
mailed to the individual, unless state or federal law requires
the Social Security number to be on the document to be mailed.
If, in connection with a transaction involving or otherwise
relating to an individual, a person or entity receives a number
from a third party, that person or entity is under no duty to
inquire or otherwise determine whether the number is or includes
that individual's Social Security number and may print that
number on materials mailed to the individual, unless the person
or entity receiving the number has actual knowledge that the
number is or includes the individual's Social Security number.
Notwithstanding clauses (1) to (5), Social Security numbers
may be included in applications and forms sent by mail,
including documents sent as part of an application or enrollment
process, or to establish, amend, or terminate an account,
contract, or policy, or to confirm the accuracy of the Social
Security number. Nothing in this paragraph authorizes inclusion
of a Social Security number on the outside of a mailing.
Except as provided in subdivision 2, this section applies
only to the use of Social Security numbers on or after July 1,
2007.
Subd. 2. [CONTINUATION OF PRIOR USE.] A person or entity,
not including a government entity, that has used, prior to July
1, 2007, an individual's Social Security number in a manner
inconsistent with subdivision 1, may continue using that
individual's Social Security number in that manner on or after
July 1, 2007, if all the following conditions are met:
(1) the use of the Social Security number is continuous.
If the use is stopped for any reason, subdivision 1 applies;
(2) the individual is provided an annual disclosure,
commencing in 2007, that informs the individual that the
individual has the right to stop the use of the individual's
Social Security number in a manner prohibited by subdivision 1;
(3) a written request by an individual to stop the use of
the individual's Social Security number in a manner prohibited
by subdivision 1 must be implemented within 30 days of the
receipt of the request. A fee may not be charged for
implementing the request; and
(4) a person or entity, not including a government entity,
shall not deny services to an individual because the individual
makes a written request pursuant to this subdivision.
Subd. 3. [COORDINATION WITH OTHER LAW.] This section does
not prevent the collection, use, or release of a Social Security
number as required by state or federal law or the use of a
Social Security number for internal verification or
administrative purposes.
Subd. 4. [PUBLIC RECORDS.] This section does not apply to
documents that are recorded or required to be open to the public
under chapter 13 or by other law.
Subd. 5. [DEFINITIONS.] For purposes of this section,
"government entity" has the meaning given in section 13.02,
subdivision 7a, but does not include the Minnesota state
colleges and universities or the University of Minnesota.
[EFFECTIVE DATE.] This section is effective July 1, 2007.
Sec. 86. [REPORT TO LEGISLATURE.]
By January 15, 2006, the commissioner of public safety must
report to the chair of the house Public Safety Policy and
Finance Committee and the chair of the senate Crime Prevention
and Public Safety Committee and the ranking minority members of
those committees and make legislative recommendations on
possible use of CIBRS data for background checks required by
law, a process for criminal records expungement by the subject
of CIBRS data, and retention schedules for CIBRS data.
By January 15, 2006, the commissioner of public safety must
also report to the chair of the house Committee on Public Safety
Policy and Finance and the chair of the senate Committee on
Crime Prevention and the ranking minority members of those
committees on the advisability of prohibiting the possession or
use of devices or chemicals to falsify results of drug and
alcohol testing as defined in Minnesota Statutes, section
181.95, subdivision 5, or to place false DNA evidence at the
scene of a crime.
Sec. 87. [REVIEW OF STATE HANDLING OF GENETIC
INFORMATION.]
The commissioner of administration shall review the
applicable laws, rules, and policies to determine whether the
state handles genetic information on individuals in a manner
that appropriately takes into account the possible effect of
release or nonrelease of that information on the genetic privacy
of relatives of the individuals. The commissioner shall report
the results of the review, including any recommendations for
legislative changes, to the chairs of the house Civil Law
Committee and the senate Judiciary Committee and the ranking
minority members of those committees by January 15, 2006.
Sec. 88. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall renumber each section of
Minnesota Statutes in column A with the number in column B. The
revisor shall also make any necessary cross-reference changes.
Column A Column B
170.24 169.09, subdivision 14a
170.54 169.09, subdivision 5a
Sec. 89. [REPEALER.]
Minnesota Statutes 2004, sections 13.04, subdivision 5;
169.09, subdivision 10; and 170.55, are repealed.
Presented to the governor May 31, 2005
Signed by the governor June 3, 2005, 10:50 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes