Minnesota LegislatureOffice of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 259-S.F.No. 1279
An act relating to privacy; providing for the
classification of and access to government data;
clarifying data provisions; recodifying statutes on
crime of domestic assault; providing for an
information policy training program; indexing statutes
that restrict data access and are located outside
chapter 13; prescribing penalties; appropriating
money; amending Minnesota Statutes 1994, sections
13.03, subdivision 6; 13.06, subdivision 7; 13.072,
subdivision 1, and by adding a subdivision; 13.10,
subdivision 5; 13.31, subdivision 1; 13.32,
subdivision 2; 13.43, subdivisions 2, 5, and by adding
a subdivision; 13.46, subdivisions 1, 2, and 10;
13.49; 13.50, subdivision 2; 13.551; 13.79; 13.793;
13.82, subdivisions 3a, 5, 6, 10, and by adding
subdivisions; 13.83, subdivision 2; 13.89, subdivision
1; 13.90; 13.99, subdivisions 1, 12, 20, 21a, 42a, 54,
55, 64, 78, 79, 112, and by adding subdivisions;
41B.211; 128C.17; 144.0721, subdivision 2; 144.218,
subdivision 4; 144.225, by adding a subdivision;
144.335, subdivisions 2, and 3a; 144.3351; 148B.68,
subdivision 1; 171.07, subdivision 1a; 171.12,
subdivision 3; 253B.02, subdivision 4a; 259.10;
260.015, subdivision 28; 260.161, subdivision 1b;
268.0122, by adding a subdivision; 268.0124; 270B.02,
subdivision 3; 270B.03, subdivision 1; 270B.12,
subdivision 2; 270B.14, subdivisions 1, as amended,
and 11; 299C.11; 299C.61, subdivision 4; 336.9-407;
336.9-411; 363.061, subdivision 2; 383B.225,
subdivision 6; 388.24, subdivision 4; 401.065,
subdivision 3a; 518B.01, subdivision 14; 609.101,
subdivision 2; 609.131, subdivision 2; 609.135,
subdivisions 2 and 5a; 609.1352, subdivision 3;
609.185; 609.224, subdivisions 2 and 3; 609.268,
subdivision 1; 609.748, subdivision 6; 609.749,
subdivisions 4 and 5; 611A.031; 624.713, subdivision
1; 626.563, subdivision 1; 629.471, subdivision 3;
629.74; 630.36, subdivision 2; and 631.046,
subdivision 1; Laws 1993, chapter 192, section 110;
proposing coding for new law in Minnesota Statutes,
chapters 13; 13B; 181; 270B; 609; and 611A; repealing
Minnesota Statutes 1994, sections 13.06, subdivision
6; 13.38, subdivision 4; 13.69, subdivision 2; 13.71,
subdivisions 9, 10, 11, 12, 13, 14, 15, 16, and 17;
and 13B.04; Laws 1990, chapter 566, section 9, as
amended; and Laws 1994, chapter 618, article 1,
section 47.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
DATA PRACTICES
Section 1. Minnesota Statutes 1994, section 13.06,
subdivision 7, is amended to read:
Subd. 7. [LEGISLATIVE CONSIDERATION OF TEMPORARY
CLASSIFICATIONS; EXPIRATION.] On or before January 15 of each
year, the commissioner shall submit all temporary
classifications in effect on January 1 in bill form to the
legislature. The temporary classification expires June 1 of the
year following its submission to the legislature.
Sec. 2. Minnesota Statutes 1994, section 13.072,
subdivision 1, is amended to read:
Subdivision 1. [OPINION; WHEN REQUIRED.] (a) Upon request
of a state agency, statewide system, or political subdivision,
the commissioner may give a written opinion on any question
relating to public access to government data, rights of subjects
of data, or classification of data under this chapter or other
Minnesota statutes governing government data practices. Upon
request of any person who disagrees with a determination
regarding data practices made by a state agency, statewide
system, or political subdivision, the commissioner may give a
written opinion regarding the person's rights as a subject of
government data or right to have access to government data. If
the commissioner determines that no opinion will be issued, the
commissioner shall give the state agency, statewide system,
political subdivision, or person requesting the opinion notice
of the decision not to issue the opinion within five days of
receipt of the request. If this notice is not given, the
commissioner shall issue an opinion within 20 days of receipt of
the request. For good cause and upon written notice to the
person requesting the opinion, the commissioner may extend this
deadline for one additional 30-day period. The notice must
state the reason for extending the deadline. The state agency,
statewide system, or political subdivision must be provided a
reasonable opportunity to explain the reasons for its decision
regarding the data. The commissioner or the state agency,
statewide system, or political subdivision may choose to give
notice to the subject of the data concerning the dispute
regarding the data.
(b) This section does not apply to a question involving the
exercise of a discretionary power specifically granted by
statute to a responsible authority to withhold or grant access
to government data in a manner different than the data's general
statutory classification determination made by the commissioner
of health under section 13.38, subdivision 2, paragraph (c), or
144.6581.
(c) A written opinion issued by the attorney general shall
take precedence over an opinion issued by the commissioner under
this section.
Sec. 3. Minnesota Statutes 1994, section 13.072, is
amended by adding a subdivision to read:
Subd. 4. [DATA SUBMITTED TO COMMISSIONER.] A state agency,
statewide system, or political subdivision 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 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. 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. 4. Minnesota Statutes 1994, section 13.10,
subdivision 5, is amended to read:
Subd. 5. [ADOPTION RECORDS.] Notwithstanding any provision
of this chapter, adoption records shall be treated as provided
in sections 259.21 259.53, 259.61, 259.79, and 259.83 to 259.89.
Sec. 5. Minnesota Statutes 1994, section 13.31,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] As used in this section,
"benefit data" means data on individuals collected or created
because an individual seeks information about becoming, is, or
was an applicant for or a recipient of benefits or services
provided under various housing, home ownership, and
rehabilitation and community action agency, head start, and food
assistance programs administered by state agencies, political
subdivisions, or statewide systems. Benefit data does not
include welfare data which shall be administered in accordance
with section 13.46.
Sec. 6. Minnesota Statutes 1994, section 13.32,
subdivision 2, is amended to read:
Subd. 2. [STUDENT HEALTH AND CENSUS DATA.] (a) Health data
concerning students, including but not limited to, data
concerning immunizations, notations of special physical or
mental problems and records of school nurses; and pupil census
data, including but not limited to, emergency information,
family information and data concerning parents shall be
considered are educational data. Access by parents to student
health data shall be pursuant to section 13.02, subdivision 8.
(b) Pupil census data, including emergency information,
family information, and data concerning parents are educational
data.
Sec. 7. Minnesota Statutes 1994, section 13.43,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC DATA.] (a) Except for employees described
in subdivision 5, 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 is public:
(1) name; 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; 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, whether or not 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 the employment relationship;
(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; and city and county of
residence.
(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 the head of a state
agency and deputy and assistant state agency heads.
Sec. 8. Minnesota Statutes 1994, section 13.43,
subdivision 5, is amended to read:
Subd. 5. [UNDERCOVER LAW ENFORCEMENT OFFICER.] All
personnel data maintained by any state agency, statewide system
or political subdivision relating to an individual employed as
or an applicant for employment as an undercover law enforcement
officer is are private data on individuals. When the individual
is no longer assigned to an undercover position, the data
described in subdivisions 2 and 3 become public unless the law
enforcement agency determines that revealing the data would
threaten the personal safety of the officer or jeopardize an
active investigation.
Sec. 9. Minnesota Statutes 1994, section 13.43, is amended
by adding a subdivision to read:
Subd. 9. [PEER COUNSELING DEBRIEFING DATA.] (a) Data
acquired by a peer group member in a public safety peer
counseling debriefing is private data on the person being
debriefed.
(b) For purposes of this subdivision, "public safety peer
counseling debriefing" means a group process oriented debriefing
session held for peace officers, firefighters, medical emergency
persons, dispatchers, or other persons involved with public
safety emergency services, that is established by any agency
providing public safety emergency services and is designed to
help a person who has suffered an occupation-related traumatic
event begin the process of healing and effectively dealing with
posttraumatic stress.
Sec. 10. Minnesota Statutes 1994, section 13.46,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section:
(a) "Individual" means an individual pursuant to section
13.02, subdivision 8, but does not include a vendor of services.
(b) "Program" includes all programs for which authority is
vested in a component of the welfare system pursuant to statute
or federal law, including, but not limited to, aid to families
with dependent children, medical assistance, general assistance,
work readiness, and general assistance medical care, and child
support collections.
(c) "Welfare system" includes the department of human
services, local social services agencies, county welfare
agencies, the public authority responsible for child support
enforcement, human services boards, community mental health
center boards, state hospitals, state nursing homes, the
ombudsman for mental health and mental retardation, and persons,
agencies, institutions, organizations, and other entities under
contract to any of the above agencies to the extent specified in
the contract.
(d) "Mental health data" means data on individual clients
and patients of community mental health centers, established
under section 245.62, mental health divisions of counties and
other providers under contract to deliver mental health
services, or the ombudsman for mental health and mental
retardation.
(e) "Fugitive felon" means a person who has been convicted
of a felony and who has escaped from confinement or violated the
terms of probation or parole for that offense.
Sec. 11. Minnesota Statutes 1994, section 13.46,
subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a) Unless the data is summary data or
a statute specifically provides a different classification, data
on individuals collected, maintained, used, or disseminated by
the welfare system is private data on individuals, and shall not
be disclosed except:
(1) pursuant to section 13.05;
(2) pursuant to court order;
(3) pursuant to a statute specifically authorizing access
to the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in
the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;
(5) to personnel of the welfare system who require the data
to determine eligibility, amount of assistance, and the need to
provide services of additional programs to the individual;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the
same program;
(8) the amounts of cash public assistance and relief paid
to welfare recipients in this state, including their names and
social security numbers, upon request by the department of
revenue to administer the property tax refund law, supplemental
housing allowance, and the income tax;
(9) to the Minnesota department of economic security for
the purpose of monitoring the eligibility of the data subject
for reemployment insurance, for any employment or training
program administered, supervised, or certified by that agency,
or for the purpose of administering any rehabilitation program,
whether alone or in conjunction with the welfare system, and to
verify receipt of energy assistance for the telephone assistance
plan;
(10) to appropriate parties in connection with an emergency
if knowledge of the information is necessary to protect the
health or safety of the individual or other individuals or
persons;
(11) data maintained by residential facilities programs as
defined in section 245A.02 may be disclosed to the protection
and advocacy system established in this state pursuant to Part C
of Public Law Number 98-527 to protect the legal and human
rights of persons with mental retardation or other related
conditions who live in residential facilities for these persons
if the protection and advocacy system receives a complaint by or
on behalf of that person and the person does not have a legal
guardian or the state or a designee of the state is the legal
guardian of the person;
(12) to the county medical examiner or the county coroner
for identifying or locating relatives or friends of a deceased
person;
(13) data on a child support obligor who makes payments to
the public agency may be disclosed to the higher education
coordinating board to the extent necessary to determine
eligibility under section 136A.121, subdivision 2, clause (5);
(14) participant social security numbers and names
collected by the telephone assistance program may be disclosed
to the department of revenue to conduct an electronic data match
with the property tax refund database to determine eligibility
under section 237.70, subdivision 4a;
(15) the current address of a recipient of aid to families
with dependent children may be disclosed to law enforcement
officers who provide the name and social security number of the
recipient and satisfactorily demonstrate that: (i) the
recipient is a fugitive felon, including the grounds for this
determination; (ii) the location or apprehension of the felon is
within the law enforcement officer's official duties; and (iii)
the request is made in writing and in the proper exercise of
those duties;
(16) the current address of a recipient of general
assistance, work readiness, or general assistance medical care
may be disclosed to probation officers and corrections agents
who are supervising the recipient, and to law enforcement
officers who are investigating the recipient in connection with
a felony level offense;
(17) information obtained from food stamp applicant or
recipient households may be disclosed to local, state, or
federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the
food stamp act, in accordance with Code of Federal Regulations,
title 7, section 272.1(c); or
(18) data on a child support obligor who is in arrears may
be disclosed for purposes of publishing the data pursuant to
section 518.575; or
(19) data on child support payments made by a child support
obligor may be disclosed to the obligee.
(b) Information on persons who have been treated for drug
or alcohol abuse may only be disclosed in accordance with the
requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.
(c) Data provided to law enforcement agencies under
paragraph (a), clause (15), (16), or (17), or paragraph (b), are
investigative data and are confidential or protected nonpublic
while the investigation is active. The data are private after
the investigation becomes inactive under section 13.82,
subdivision 5, paragraph (a) or (b).
(d) Mental health data shall be treated as provided in
subdivisions 7, 8, and 9, but is not subject to the access
provisions of subdivision 10, paragraph (b).
Sec. 12. Minnesota Statutes 1994, section 13.46,
subdivision 10, is amended to read:
Subd. 10. [RESPONSIBLE AUTHORITY.] (a) Notwithstanding any
other provision of this chapter to the contrary, the responsible
authority for each component of the welfare system listed in
subdivision 1, clause (c), shall be as follows:
(1) the responsible authority for the department of human
services, state hospitals, and nursing homes is the commissioner
of the department of human services;
(2) the responsible authority of a county welfare agency is
the director of the county welfare agency;
(3) the responsible authority for a local social services
agency, human services board, or community mental health center
board is the chair of the board; and
(4) the responsible authority of any person, agency,
institution, organization, or other entity under contract to any
of the components of the welfare system listed in subdivision 1,
clause (c), is the person specified in the contract; and
(5) the responsible authority of the public authority for
child support enforcement is the head of the public authority
for child support enforcement.
(b) A responsible authority shall allow another responsible
authority in the welfare system access to data classified as not
public data when access is necessary for the administration and
management of programs, or as authorized or required by statute
or federal law.
Sec. 13. Minnesota Statutes 1994, section 13.49, is
amended to read:
13.49 [SOCIAL SECURITY NUMBERS.]
Subdivision 1. [GENERAL.] The social security numbers of
individuals collected or maintained by a state agency, statewide
system, or political subdivision are private data on
individuals, except to the extent that access to the social
security number is specifically authorized by law.
Subd. 2. [COUNTY RECORDER OR REGISTRAR OF TITLES.]
Subdivision 1 does not apply to social security numbers that
appear in documents or records filed or recorded with the county
recorder or registrar of titles, other than documents filed
under section 600.23.
Sec. 14. Minnesota Statutes 1994, section 13.50,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC DATA.] The data made confidential or
protected nonpublic by the provisions of subdivision 1 shall
become public upon the occurrence of any of the following:
(a) The negotiating parties exchange appraisals;
(b) The data are submitted to a court appointed
condemnation commissioner;
(c) The data are presented in court in condemnation
proceedings; or
(d) The negotiating parties enter into an agreement for the
purchase and sale of the property.
Sec. 15. Minnesota Statutes 1994, section 13.551, is
amended to read:
13.551 [CLASSIFICATION OF SAINT PAUL PORT AUTHORITY DATA.]
Subdivision 1. [SAINT PAUL PORT AUTHORITY.] The following
data not on individuals collected and maintained by the Saint
Paul port authority are classified as protected nonpublic, until
30 days before the date of a hearing on a proposed sale pursuant
to section 469.065: financial studies and reports that are part
of appraisers' estimates of value of or concerning projects as
defined in chapter 474, prepared by personnel of the port
authority or independent accountants, consultants, and
appraisers for the purpose of marketing by sale or lease a
project which the port authority has acquired or repossessed as
the result of the default under and the termination of a revenue
agreement as defined in chapter 474.
Subd. 2. [RED WING PORT AUTHORITY.] Data maintained by the
Red Wing port authority that pertain to negotiations with
property owners regarding the purchase of property are nonpublic
data not on individuals. With the exception of the authority's
evaluation of properties not purchased, all other negotiation
data become public at the time of the closing of the property
sale.
Sec. 16. [13.646] [LEGISLATIVE AND BUDGET PROPOSAL DATA.]
Subdivision 1. [DEFINITION.] As used in this section,
"state administration" means the governor's office, the
department of finance, and any state agency that is under the
direct control of the governor.
Subd. 2. [CLASSIFICATIONS.] Legislative and budget
proposals, including preliminary drafts, that are created,
collected, or maintained by the state administration are
protected nonpublic data. After the budget is presented to the
legislature by the state administration, supporting data,
including agency requests, are public data. Supporting data do
not include preliminary drafts. The state administration may
disclose any of the data within the state administration and to
the public at any time if disclosure would aid the
administration in considering and preparing its proposals.
Sec. 17. Minnesota Statutes 1994, section 13.79, is
amended to read:
13.79 [DEPARTMENT OF LABOR AND INDUSTRY DATA.]
Data that identify complaining employees and that appear on
complaint forms received by the department of labor and industry
concerning alleged violations of the fair labor standards
act or, section 181.75 or 181.9641 are classified as private
data.
Sec. 18. Minnesota Statutes 1994, section 13.793, is
amended to read:
13.793 [NATURAL RESOURCES MINERAL DATA.]
Subdivision 1. [NONPUBLIC DATA.] Except as provided in
subdivision 2, the following data received and maintained by the
commissioner of natural resources are nonpublic data:
(1) a letter or other documentation from a person that is
supplied to the commissioner before a public lease sale of
metallic or other minerals for the purpose of making suggestions
or recommendations about which state lands may be offered for
public lease sale; or
(2) a written report or other documentation of private
analyses of a state-owned or controlled drill core that is
public data and is under the custody of the commissioner; or
(3) exploration data received by the commissioner under the
terms of a state mineral lease.
Subd. 2. [DATA BECOME PUBLIC.] (a) Data under subdivision
1, clause (1), become public data three years after the date the
lease sale was held or, if not held, within three years after
the date the lease sale was scheduled to be held. Except as
provided in paragraph (b), data under subdivision 1, clause (2),
become public data one year after receipt by the
commissioner. Except as provided in paragraph (c) or as
otherwise provided for by law, data under subdivision 1, clause
(3), become public data upon termination of the state mineral
lease under which the data were gathered.
(b) If data under subdivision 1, clause (2), relate to
private land that is under mineral lease to the person
submitting the data, and the mineral lease is in force at the
time the data are submitted, the data become public data only
after the mineral lease is no longer in force. The person
submitting the data that relate to private land that is under
mineral lease shall provide to the commissioner at the time the
data are submitted and annually thereafter, in a format
designated by the commissioner, satisfactory evidence that the
mineral lease is in effect. If, in a given year, satisfactory
evidence that the mineral lease is still in effect is not
provided to the commissioner before the anniversary date of
receipt of the data by the commissioner, the data immediately
become public data.
(c) If data under subdivision 1, clause (3), are nonpublic
data under the provisions of section 103I.605, subdivision 4,
clause (c), the data become public data pursuant to the
provisions of section 103I.605, subdivision 4, clauses (c) and
(d).
Sec. 19. Minnesota Statutes 1994, section 13.82,
subdivision 3a, is amended to read:
Subd. 3a. [AUDIO RECORDING OF 911 CALL.] The audio
recording of a call placed to a 911 system for the purpose of
requesting service from a law enforcement, fire, or medical
agency is private data on individuals with respect to the
individual making the call, except that a written transcript of
the audio recording is public, unless it reveals the identity of
an individual otherwise protected under subdivision 10. A
transcript shall be prepared upon request. The person
requesting the transcript shall pay the actual cost of
transcribing the call, in addition to any other applicable costs
provided under section 13.03, subdivision 3. The audio
recording may be disseminated to law enforcement agencies for
investigative purposes. The audio recording may be used for
public safety dispatcher and emergency medical services training
purposes.
Sec. 20. Minnesota Statutes 1994, section 13.82,
subdivision 5, is amended to read:
Subd. 5. [CRIMINAL INVESTIGATIVE DATA COLLECTION.] Except
for the data defined in subdivisions 2, 3, and 4, investigative
data collected or created by a law enforcement agency in order
to prepare a case against a person, whether known or unknown,
for the commission of a crime or civil wrong other offense for
which the agency has primary investigative responsibility is
confidential or protected nonpublic while the investigation is
active. Inactive investigative data is public unless the
release of the data would jeopardize another ongoing
investigation or would reveal the identity of individuals
protected under subdivision 10. Photographs which are part of
inactive investigative files and which are clearly offensive to
common sensibilities are classified as private or nonpublic
data, provided that the existence of the photographs shall be
disclosed to any person requesting access to the inactive
investigative file. An investigation becomes inactive upon the
occurrence of any of the following events:
(a) a decision by the agency or appropriate prosecutorial
authority not to pursue the case;
(b) expiration of the time to bring a charge or file a
complaint under the applicable statute of limitations, or 30
years after the commission of the offense, whichever comes
earliest; or
(c) exhaustion of or expiration of all rights of appeal by
a person convicted on the basis of the investigative data.
Any investigative data presented as evidence in court shall
be public. Data determined to be inactive under clause (a) may
become active if the agency or appropriate prosecutorial
authority decides to renew the investigation.
During the time when an investigation is active, any person
may bring an action in the district court located in the county
where the data is being maintained to authorize disclosure of
investigative data. The court may order that all or part of the
data relating to a particular investigation be released to the
public or to the person bringing the action. In making the
determination as to whether investigative data shall be
disclosed, the court shall consider whether the benefit to the
person bringing the action or to the public outweighs any harm
to the public, to the agency or to any person identified in the
data. The data in dispute shall be examined by the court in
camera.
Sec. 21. Minnesota Statutes 1994, section 13.82, is
amended by adding a subdivision to read:
Subd. 5e. [NAME CHANGE DATA.] Data on court records
relating to name changes under section 259.10, subdivision 2,
which is held by a law enforcement agency is confidential data
on an individual while an investigation is active and is private
data on an individual when the investigation becomes inactive.
Sec. 22. Minnesota Statutes 1994, section 13.82,
subdivision 10, is amended to read:
Subd. 10. [PROTECTION OF IDENTITIES.] A law enforcement
agency or a law enforcement dispatching agency working under
direction of a law enforcement agency may shall withhold public
access to data on individuals to protect the identity of
individuals in the following circumstances:
(a) when access to the data would reveal the identity of an
undercover law enforcement officer, as provided in section
13.43, subdivision 5;
(b) when access to the data would reveal the identity of a
victim or alleged victim of criminal sexual conduct or of a
violation of section 617.246, subdivision 2;
(c) when access to the data would reveal the identity of a
paid or unpaid informant being used by the agency if the agency
reasonably determines that revealing the identity of the
informant would threaten the personal safety of the informant;
(d) when access to the data would reveal the identity of a
victim of or witness to a crime if the victim or witness
specifically requests not to be identified publicly, and unless
the agency reasonably determines that revealing the identity of
the victim or witness would not threaten the personal safety or
property of the individual;
(e) when access to the data would reveal the identity of a
deceased person whose body was unlawfully removed from a
cemetery in which it was interred;
(f) when access to the data would reveal the identity of a
person who placed a call to a 911 system or the identity or
telephone number of a service subscriber whose phone is used to
place a call to the 911 system and: (1) the agency determines
that revealing the identity may threaten the personal safety or
property of any person; or (2) the object of the call is to
receive help in a mental health emergency. For the purposes of
this paragraph, a voice recording of a call placed to the 911
system is deemed to reveal the identity of the caller; or
(g) when access to the data would reveal the identity of a
juvenile witness and the agency reasonably determines that the
subject matter of the investigation justifies protecting the
identity of the witness.
Data concerning individuals whose identities are protected
by this subdivision are private data about those individuals.
Law enforcement agencies shall establish procedures to acquire
the data and make the decisions necessary to protect the
identity of individuals described in clauses (c), (d), (f), and
(g).
Sec. 23. Minnesota Statutes 1994, section 13.82, is
amended by adding a subdivision to read:
Subd. 17. [BOOKING PHOTOGRAPHS.] (a) For purposes of this
subdivision, "booking photograph" means a photograph or
electronically produced image taken by law enforcement for
identification purposes in connection with the arrest of a
person.
(b) Except as otherwise provided in this subdivision, a
booking photograph is public data. A law enforcement agency may
temporarily withhold access to a booking photograph if the
agency determines that access will adversely affect an active
investigation.
Sec. 24. Minnesota Statutes 1994, section 13.83,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC DATA.] Unless specifically classified
otherwise by state statute or federal law, the following data
created or collected by a medical examiner or coroner on a
deceased individual is public: name of the deceased; date of
birth; date of death; address; sex; race; citizenship; height;
weight; hair color; eye color; build; complexion; age, if known,
or approximate age; identifying marks, scars and amputations; a
description of the decedent's clothing; marital status; location
of death including name of hospital where applicable; name of
spouse; whether or not the decedent ever served in the armed
forces of the United States; social security number; occupation;
business; father's name (also birth name, if different);
mother's name (also birth name, if different); birthplace;
birthplace of parents; cause of death; causes of cause of death;
whether an autopsy was performed and if so, whether it was
conclusive; date and place of injury, if applicable, including
work place; how injury occurred; whether death was caused by
accident, suicide, homicide, or was of undetermined cause;
certification of attendance by physician; physician's name and
address; certification by coroner or medical examiner; name and
signature of coroner or medical examiner; type of disposition of
body; burial place name and location, if applicable; date of
burial, cremation or removal; funeral home name and address; and
name of local register or funeral director.
Sec. 25. Minnesota Statutes 1994, section 13.89,
subdivision 1, is amended to read:
Subdivision 1. [MENTAL RETARDATION.] Data on clients and
residents of facilities or programs licensed pursuant to
sections 144.50 to 144.58, 245A.01 to 245A.16, and 252.28,
subdivision 2, may be disseminated to the protection and
advocacy system established in this state pursuant to Part C of
Public Law Number 98-527 to protect the legal and human rights
of persons with mental retardation or other related conditions
who live in residential facilities or programs for these persons
if:
(1) the protection and advocacy system receives a complaint
by or on behalf of that person; and
(2) the person does not have a legal guardian or the state
or a designee of the state is the legal guardian of the person.
Sec. 26. Minnesota Statutes 1994, section 13.90, is
amended to read:
13.90 [GOVERNMENT DATA PRACTICES JUDICIARY EXEMPT.]
Subdivision 1. [DEFINITION.] For purposes of this section,
"judiciary" means any office, officer, department, division,
board, commission, committee, or agency of the courts of this
state, whether or not of record, including but not limited to
the board of law examiners, the lawyer's professional
responsibility board, the board of judicial standards, the
lawyer's trust account board, the state law library, the state
court administrator's office, the district court administrator's
office, and the office of the court administrator.
Subd. 2. [APPLICATION EXEMPTION.] The judiciary shall be
governed by this chapter until August 1, 1987, or until the
implementation of rules adopted by the supreme court regarding
access to data, whichever comes first. Any data made a part of
a criminal or civil case shall not be governed by this chapter
at any time. The judiciary is not governed by this chapter.
Access to data of the judiciary is governed by rules adopted by
the supreme court.
Sec. 27. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 76a. [NAME CHANGES OF PROTECTED WITNESSES AND
VICTIMS.] Court records of name changes of participants in a
witness and victim protection program are governed by section
259.10, subdivision 2.
Sec. 28. [13B.05] [REMEDIES.]
The remedies and penalties in sections 13.08 and 13.09
apply to this chapter.
Sec. 29. Minnesota Statutes 1994, section 41B.211, is
amended to read:
41B.211 [DATA PRIVACY.]
Subdivision 1. [DATA ON INDIVIDUALS.] Financial
information, including credit reports, financial statements, and
net worth calculations, received or prepared by the authority
regarding any authority loan and the name of each individual who
is the recipient of a loan are private data on individuals,
under chapter 13, except that information obtained under the
agricultural development bond program in sections 41C.01 to
41C.13 may be released as required by federal tax law.
Subd. 2. [DATA NOT ON INDIVIDUALS.] The following data
submitted to the authority by businesses that are requesting
financial assistance are nonpublic data as defined in section
13.02: financial information about the applicant, including
credit reports, financial statements, net worth calculations,
business plans, income and expense projections, customer lists,
market and feasibility studies not paid for with public funds,
tax returns, and financial reports provided to the authority
after closing of the financial assistance.
Sec. 30. Minnesota Statutes 1994, section 128C.17, is
amended to read:
128C.17 [LEAGUE IS SUBJECT TO DATA PRACTICES ACT.]
The collection, creation, receipt, maintenance,
dissemination, or use of information by the state high school
league is subject to chapter 13. The league must make data
relating to its eligibility determinations available to the
public in the form of summary data, with all personal
identifiers removed.
Sec. 31. Minnesota Statutes 1994, section 144.0721,
subdivision 2, is amended to read:
Subd. 2. [ACCESS TO DATA.] With the exception of summary
data, data on individuals that is collected, maintained, used,
or disseminated by the commissioner of health under subdivision
1 is private data on individuals and shall not be disclosed to
others except:
(1) under section 13.05;
(2) under a valid court order;
(3) to the nursing home or boarding care home in which the
individual resided at the time the assessment was completed; or
(4) to the commissioner of human services; or
(5) to county home care staff for the purpose of assisting
the individual to be discharged from a nursing home or boarding
care home and returned to the community.
Sec. 32. Minnesota Statutes 1994, section 144.218,
subdivision 4, is amended to read:
Subd. 4. [INCOMPLETE AND, INCORRECT, AND MODIFIED
CERTIFICATES.] If a court finds that a birth certificate is
incomplete, inaccurate or false, or if it is being issued
pursuant to section 259.10, subdivision 2, it may order the
registration of a new certificate, and shall, if necessary, set
forth the correct information in the order. Upon receipt of the
order the state registrar shall register a new certificate
containing the findings of the court, and the prior certificate
shall be confidential pursuant to section 13.02, subdivision 3,
and shall not be disclosed except pursuant to court order.
Sec. 33. Minnesota Statutes 1994, section 144.225, is
amended by adding a subdivision to read:
Subd. 2a. [HEALTH DATA ASSOCIATED WITH BIRTH
REGISTRATION.] Information from which an identification of risk
for disease, disability, or developmental delay in a mother or
child can be made, that is collected in conjunction with birth
registration or fetal death reporting, is private data as
defined in section 13.02, subdivision 12. The commissioner may
disclose to a local board of health, as defined in section
145A.02, subdivision 2, health data associated with birth
registration which identifies a mother or child at high risk for
serious disease, disability, or developmental delay in order to
assure access to appropriate health, social, or educational
services.
Sec. 34. Minnesota Statutes 1994, section 144.335,
subdivision 3a, is amended to read:
Subd. 3a. [PATIENT CONSENT TO RELEASE OF RECORDS;
LIABILITY.] (a) A provider, or a person who receives health
records from a provider, may not release a patient's health
records to a person without a signed and dated consent from the
patient or the patient's legally authorized representative
authorizing the release, unless the release is specifically
authorized by law. Except as provided in paragraph (c), a
consent is valid for one year or for a lesser period specified
in the consent or for a different period provided by law.
(b) This subdivision does not prohibit the release of
health records:
(1) for a medical emergency when the provider is unable to
obtain the patient's consent due to the patient's condition or
the nature of the medical emergency; or
(2) to other providers within related health care entities
when necessary for the current treatment of the patient.
(c) Notwithstanding paragraph (a), if a patient explicitly
gives informed consent to the release of health records for the
purposes and pursuant to the restrictions in clauses (1) and
(2), the consent does not expire after one year for:
(1) the release of health records to a provider who is
being advised or consulted with in connection with the current
treatment of the patient;
(2) the release of health records to an accident and health
insurer, health service plan corporation, health maintenance
organization, or third-party administrator for purposes of
payment of claims, fraud investigation, or quality of care
review and studies, provided that:
(i) the use or release of the records complies with
sections 72A.49 to 72A.505;
(ii) further use or release of the records in individually
identifiable form to a person other than the patient without the
patient's consent is prohibited; and
(iii) the recipient establishes adequate safeguards to
protect the records from unauthorized disclosure, including a
procedure for removal or destruction of information that
identifies the patient.
(d) Until June 1, 1996, paragraph (a) does not prohibit the
release of health records to qualified personnel solely for
purposes of medical or scientific research, if the patient has
not objected to a release for research purposes and the provider
who releases the records makes a reasonable effort to determine
that:
(i) the use or disclosure does not violate any limitations
under which the record was collected;
(ii) the use or disclosure in individually identifiable
form is necessary to accomplish the research or statistical
purpose for which the use or disclosure is to be made;
(iii) the recipient has established and maintains adequate
safeguards to protect the records from unauthorized disclosure,
including a procedure for removal or destruction of information
that identifies the patient; and
(iv) further use or release of the records in individually
identifiable form to a person other than the patient without the
patient's consent is prohibited.
(e) A person who negligently or intentionally releases a
health record in violation of this subdivision, or who forges a
signature on a consent form, or who obtains under false
pretenses the consent form or health records of another person,
or who, without the person's consent, alters a consent form, is
liable to the patient for compensatory damages caused by an
unauthorized release, plus costs and reasonable attorney's fees.
(f) Upon the written request of a spouse, parent, child, or
sibling of a patient being evaluated for or diagnosed with
mental illness, a provider shall inquire of a patient whether
the patient wishes to authorize a specific individual to receive
information regarding the patient's current and proposed course
of treatment. If the patient so authorizes, the provider shall
communicate to the designated individual the patient's current
and proposed course of treatment. Paragraph (a) applies to
consents given under this paragraph.
Sec. 35. Minnesota Statutes 1994, section 144.3351, is
amended to read:
144.3351 [IMMUNIZATION DATA.]
Providers as defined in section 144.335, subdivision 1,
group purchasers as defined in section 62J.03, subdivision 6,
elementary or secondary schools or child care facilities as
defined in section 123.70, subdivision 9, public or private
post-secondary educational institutions as defined in section
135A.14, subdivision 1, paragraph (b), a board of health as
defined in section 145A.02, subdivision 2, community action
agencies as defined in section 268.53, subdivision 1, and the
commissioner of health may exchange immunization data with one
another, without the patient's consent, on the date and type of
immunizations administered to a patient, regardless of the date
of immunization, if the person requesting access provides
services on behalf of the patient. For purposes of this section
immunization data includes:
(1) patient's name, address, date of birth, gender, parent
or guardian's name; and
(2) date vaccine was received, vaccine type, lot number,
and manufacturer of all immunizations received by the patient,
and whether there is a contraindication or an adverse reaction
indication.
This section applies to all immunization data, regardless
of when the immunization occurred.
Sec. 36. Minnesota Statutes 1994, section 171.07,
subdivision 1a, is amended to read:
Subd. 1a. [FILING PHOTOGRAPHS OR IMAGES; DATA
CLASSIFICATION.] The department shall file, or contract to file,
all photographs or electronically produced images obtained in
the process of issuing driver licenses or Minnesota
identification cards. The photographs or electronically
produced images shall be private data pursuant to section 13.02,
subdivision 12. Notwithstanding section 13.04, subdivision 3,
the department shall not be required to provide copies of
photographs or electronically produced images to data subjects.
The use of the files is restricted:
(1) to the issuance and control of driver licenses;
(2) for law enforcement purposes in the investigation and
prosecution of felonies and violations of section 169.09;
169.121; 169.123; 169.129; 171.22; 171.24; 171.30; 609.41;
609.487, subdivision 3; 609.631, subdivision 4, clause (3);
609.821, subdivision 3, clauses (1), item (iv), and (3); or
617.23 crimes; and
(3) for child support enforcement purposes under section
256.978.
Sec. 37. Minnesota Statutes 1994, section 171.12,
subdivision 3, is amended to read:
Subd. 3. [APPLICATIONS AND RECORDS, WHEN DESTROYED.] The
department may cause applications for drivers' licenses and
instruction permits, and related records, to be destroyed
immediately after the period for which issued, except that:
(1) the driver's record pertaining to revocations,
suspensions, cancellations, disqualifications, convictions, and
accidents shall be cumulative and kept for a period of at least
five years; and
(2) the driver's record pertaining to the alcohol-related
offenses and licensing actions listed in section 169.121,
subdivision 3, and to violations of sections 169.1211 and
171.24, subdivision 5, shall be cumulative and kept for a period
of at least 15 years.
Sec. 38. [181.973] [EMPLOYEE PEER COUNSELING DEBRIEFING.]
A person engaged in a public safety peer counseling
debriefing shall not, without the permission of the person being
debriefed, be allowed to disclose any information or opinion
which the peer group member has acquired during the debriefing.
However, this does not prohibit a peer counselor from disclosing
information the peer counselor reasonably believes indicates
that the person may be a danger to self or others, if the
information is used only for the purpose of eliminating the
danger to the person or others. Any information or opinion
disclosed in violation of this paragraph is not admissible as
evidence in any personnel or occupational licensing matter
involving the person being debriefed.
For purposes of this paragraph, "public safety peer
counseling debriefing" means a group process oriented debriefing
session held for peace officers, firefighters, medical emergency
persons, dispatchers, or other persons involved with public
safety emergency services, that is established by any agency
providing public safety emergency services and is designed to
help a person who has suffered an occupation-related traumatic
event begin the process of healing and effectively dealing with
posttraumatic stress.
Sec. 39. Minnesota Statutes 1994, section 259.10, is
amended to read:
259.10 [PROCEDURE GENERAL REQUIREMENTS.]
Subdivision 1. [PROCEDURE.] A person who shall have
resided in this state for six months may apply to the district
court in the county where the person resides to change the
person's name, the names of minor children, if any, and the name
of a spouse, if the spouse joins in the application, in the
manner herein specified. The person shall state in the
application the name and age of the spouse and each of the
children, if any, and shall describe all lands in the state in
or upon which the person, the children and the spouse if their
names are also to be changed by the application, claim any
interest or lien, and shall appear personally before the court
and prove identity by at least two witnesses. If the person be
a minor, the application shall be made by the person's guardian
or next of kin. The court shall accept the certificate of
dissolution prepared pursuant to section 518.148 as conclusive
evidence of the facts recited in the certificate and may not
require the person to provide the court a copy of the judgment
and decree of dissolution. Every person who, with intent to
defraud, shall make a false statement in any such application
shall be guilty of a misdemeanor provided, however, that no
minor child's name may be changed without both parents having
notice of the pending of the application for change of name,
whenever practicable, as determined by the court.
Subd. 2. [WITNESS AND VICTIM PROTECTION NAME CHANGES;
PRIVATE DATA.] If the court determines that the name change for
an individual is made in connection with the individual's
participation in a witness and victim protection program, the
court shall order that the court records of the name change are
not accessible to the public; except that they may be released,
upon request, to a law enforcement agency, probation officer, or
corrections agent conducting a lawful investigation. The
existence of an application for a name change described in this
subdivision may not be disclosed except to a law enforcement
agency conducting a lawful investigation.
Sec. 40. Minnesota Statutes 1994, section 268.0122, is
amended by adding a subdivision to read:
Subd. 7. [CLASSIFICATION OF DATA ON INDIVIDUALS.] Data
collected on individuals pursuant to a program operated by the
commissioner are private data on individuals as defined in
section 13.02, subdivision 12, unless more restrictively
classified by law.
Sec. 41. Minnesota Statutes 1994, section 268.0124, is
amended to read:
268.0124 [PLAIN LANGUAGE IN WRITTEN MATERIALS.]
(a) To the extent reasonable and consistent with the goals
of providing easily understandable and readable materials and
complying with federal and state laws governing the programs,
all written materials relating to services and determinations of
eligibility for or amounts of benefits that will be given to
applicants for or recipients of assistance under a program
administered or supervised by the commissioner of economic
security must be understandable to a person who reads at the
seventh-grade level, using the Flesch scale analysis readability
score as determined under section 72C.09 of average intelligence
and education.
(b) All written materials relating to determinations of
eligibility for or amounts of benefits that will be given to
applicants for or recipients of assistance under programs
administered or supervised by the commissioner of economic
security must be developed to satisfy the plain language
requirements of the plain language contract act under sections
325G.29 to 325G.36. Materials may be submitted to the attorney
general for review and certification. Notwithstanding section
325G.35, subdivision 1, the attorney general shall review
submitted materials to determine whether they comply with the
requirements of section 325G.31. The remedies available
pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to
these materials. Failure to comply with this section does not
provide a basis for suspending the implementation or operation
of other laws governing programs administered by the
commissioner.
(c) The requirements of this section apply to all materials
modified or developed by the commissioner on or after July 1,
1988. The requirements of this section do not apply to
materials that must be submitted to a federal agency for
approval, to the extent that application of the requirements
prevents federal approval.
(d) Nothing in this section may be construed to prohibit a
lawsuit brought to require the commissioner to comply with this
section or to affect individual appeal rights granted pursuant
to section 268.10.
(e) The commissioner shall report annually to the chairs of
the health and human services divisions of the senate finance
committee and the house of representatives appropriations
committee on the number and outcome of cases that raise the
issue of the commissioner's compliance with this section.
Sec. 42. Minnesota Statutes 1994, section 270B.02,
subdivision 3, is amended to read:
Subd. 3. [CONFIDENTIAL DATA ON INDIVIDUALS; PROTECTED
NONPUBLIC DATA.] (a) Except as provided in paragraph (b),
names the name or existence of informers an informer, informer
letters, and other unsolicited data, in whatever form, given to
the department of revenue by a person, other than the data
subject, who informs that a specific taxpayer is not or may not
be in compliance with tax laws, or nontax laws administered by
the department of revenue, are confidential data on individuals
or protected nonpublic data as defined in section 13.02,
subdivisions 3 and 13.
(b) Data under paragraph (a) may be disclosed with the
consent of the informer or upon a written finding by a court
that the information provided by the informer was false and that
there is evidence that the information was provided in bad
faith. This subdivision does not alter disclosure
responsibilities or obligations under the rules of criminal
procedure.
Sec. 43. Minnesota Statutes 1994, section 270B.03,
subdivision 1, is amended to read:
Subdivision 1. [WHO MAY INSPECT.] Returns and return
information must, on written request, be made open to inspection
by or disclosure to 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;
(5) in the case of an estate return:
(i) the personal representative or trustee of the estate;
and
(ii) any heir at law, next of kin, or beneficiary of the
estate, but only if the commissioner finds that the heir at law,
next of kin, or beneficiary has a material interest that will be
affected by information contained in the return;
(6) in the case of a trust return:
(i) the trustee or trustees, jointly or separately; and
(ii) any beneficiary of the trust, but only if the
commissioner finds that the beneficiary has a material interest
that will be affected by information contained in the return;
(7) 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; and
(8) 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) 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. 44. [270B.085] [DISCLOSURES IN COLLECTION ACTIONS.]
Subdivision 1. [SEIZURE INFORMATION.] Following the
execution of a writ of entry under section 270.70, the
commissioner may disclose information identifying the individual
or business subject to the writ, the basis for the writ, and the
results of the execution, including lists of property seized.
Subd. 2. [LIEN PAYOFF INFORMATION.] The commissioner may
disclose the outstanding obligation secured by a lien filed
under section 270.69, subdivision 2.
Sec. 45. Minnesota Statutes 1994, section 270B.12,
subdivision 2, is amended to read:
Subd. 2. [MUNICIPALITIES LOCAL UNITS OF GOVERNMENT.] Sales
and or use tax returns and return information are open to
inspection by or disclosure to the taxing officials of
any municipality local unit of government of the state of
Minnesota that has a local sales or use tax, for the purpose of
and to the extent necessary for the administration of the local
sales and or use tax.
Sec. 46. Minnesota Statutes 1994, section 270B.14,
subdivision 1, as amended by Laws 1995, chapter 38, section 1,
is amended to read:
Subdivision 1. [DISCLOSURE TO COMMISSIONER OF HUMAN
SERVICES.] (a) On the request of the commissioner of human
services, the commissioner shall disclose return information
regarding taxes imposed by chapter 290, and claims for refunds
under chapter 290A, to the extent provided in paragraph (b) and
for the purposes set forth in paragraph (c).
(b) Data that may be disclosed are limited to data relating
to the identity, whereabouts, employment, income, and property
of a person owing or alleged to be owing an obligation of child
support.
(c) The commissioner of human services may request data
only for the purposes of carrying out the child support
enforcement program and to assist in the location of parents who
have, or appear to have, deserted their children. Data received
may be used only as set forth in section 256.978.
(d) The commissioner shall provide the records and
information necessary to administer the supplemental housing
allowance to the commissioner of human services.
(e) At the request of the commissioner of human services,
the commissioner of revenue shall electronically match the
social security numbers and names of participants in the
telephone assistance plan operated under sections 237.69 to
237.711, with those of property tax refund filers, and determine
whether each participant's household income is within the
eligibility standards for the telephone assistance plan.
(f) The commissioner may provide records and information
collected under sections 295.50 to 295.59 to the commissioner of
human services for purposes of the Medicaid Voluntary
Contribution and Provider-Specific Tax Amendments of 1991,
Public Law Number 102-234. Upon the written agreement by the
United States Department of Health and Human Services to
maintain the confidentiality of the data, the commissioner may
provide records and information collected under sections 295.50
to 295.59 to the Health Care Financing Administration section of
the United States Department of Health and Human Services for
purposes of meeting federal reporting requirements.
(g) The commissioner may provide records and information to
the commissioner of human services as necessary to administer
the early refund of refundable tax credits.
Sec. 47. Minnesota Statutes 1994, section 270B.14,
subdivision 11, is amended to read:
Subd. 11. [DISCLOSURE TO COMMISSIONER OF HEALTH.] (a) On
the request of the commissioner of health, the commissioner may
disclose return information to the extent provided in paragraph
(b) and for the purposes provided in paragraph (c).
(b) Data that may be disclosed are limited to the
taxpayer's identity, as defined in section 270B.01, subdivision
5.
(c) The commissioner of health may request data only for
the purposes of carrying out epidemiologic investigations, which
includes conducting occupational health and safety surveillance,
and locating and notifying individuals exposed to health hazards
as a result of employment. Requests for data by the
commissioner of health must be in writing and state the purpose
of the request. Data received may be used only for the purposes
of section 144.0525.
(d) The commissioner may disclose health care service
revenue data to the commissioner of health as provided by
section 62J.41, subdivision 2.
Sec. 48. [270B.161] [DATA AND INFORMATION ON MINE VALUE OF
ORE.]
Data collected from taxpayers and maintained by the
commissioner for the purpose of determining the mine value of
ore under section 298.01 are nonpublic data as defined in
section 13.02, subdivision 9.
Sec. 49. Minnesota Statutes 1994, section 299C.11, is
amended to read:
299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.]
The sheriff of each county and the chief of police of each
city of the first, second, and third classes shall furnish the
bureau, upon such form as the superintendent shall prescribe,
with such finger and thumb prints, photographs, distinctive
physical mark identification data, and other identification data
as may be requested or required by the superintendent of the
bureau, which may be taken under the provisions of section
299C.10, of persons who shall be convicted of a felony, gross
misdemeanor, or who shall be found to have been convicted of a
felony or gross misdemeanor, within ten years next preceding
their arrest. Upon the determination of all pending criminal
actions or proceedings in favor of the arrested person, the
arrested person shall, upon demand, have all such finger and
thumb prints, photographs, distinctive physical mark
identification data, and other identification data, and all
copies and duplicates thereof, returned, provided it is not
established that the arrested person has been convicted of any
felony, either within or without the state, within the period of
ten years immediately preceding such determination.
For purposes of this section, "determination of all pending
criminal actions or proceedings in favor of the arrested person"
does not include:
(1) the sealing of a criminal record pursuant to section
152.18, subdivision 1, 242.31, or 609.168; or
(2) the arrested person's successful completion of a
diversion program.
Sec. 50. Minnesota Statutes 1994, section 336.9-407, is
amended to read:
336.9-407 [INFORMATION FROM FILING OFFICER.]
(1) If the person filing any financing statement,
termination statement, statement of assignment, or statement of
release, furnishes the filing officer a copy thereof, the filing
officer shall upon request note upon the copy the file number
and date and hour of the filing of the original and deliver or
send the copy to such person.
(2) Upon request of any person, the filing officer shall
conduct a search of the statewide computerized uniform
commercial code database for any active financing statements
naming a particular debtor. The filing officer shall report the
findings as of the date and hour of the search by issuing:
(a) a certificate listing the file number, date, and hour
of each filing and the names and addresses of each secured
party;
(b) photocopies of those original documents on file and
located in the office of the filing officer; or
(c) upon request, both the certificate and the photocopies
referred to in (b).
The uniform fee for conducting the search and for preparing
a certificate shall be $15 if the request is in the standard
form prescribed by the secretary of state. This uniform fee
shall include up to ten photocopies of original documents. If
the request for information is made on a form other than the
standard form prescribed by the secretary of state, the fee
shall be $20 and shall include up to ten photocopies of original
documents.
Another fee, at the same rate, shall also be charged for
conducting a search and preparing a certificate showing federal
and state tax liens on file with the filing officer naming a
particular debtor.
There shall be an additional fee of $1 per page for a
photocopy of each financing statement or tax lien prepared in
excess of the first ten.
Notwithstanding the fees set in this section, a natural
person who is the subject of data must, upon the person's
request, be shown the data without charge, and upon request be
provided with photocopies of the data upon payment of no more
than the actual cost of making the copies.
Notwithstanding section 13.49, a filing officer may include
social security number information in a report of the findings
following a search of the statewide computerized uniform
commercial code database or the state and federal tax liens on
file with the filing officer. A filing officer may also include
social security number information on a photocopy of an original
document on file whether provided in response to a request for
information or in response to a request made pursuant to section
13.03.
Sec. 51. Minnesota Statutes 1994, section 336.9-411, is
amended to read:
336.9-411 [COMPUTERIZED FILING SYSTEM.]
(a) The secretary of state shall develop and implement a
statewide computerized filing system to accumulate and
disseminate information relative to lien statements, financing
statements, state and federal tax lien notices, and other
uniform commercial code documents. The computerized filing
system must allow information to be entered and retrieved from
the computerized filing system by county recorders, the
department of revenue, the department of economic security, and
the Internal Revenue Service.
(b) County recorders shall enter information relative to
lien statements, financing statements, state and federal tax
lien notices, and other uniform commercial code documents filed
in their offices into a central database maintained by the
secretary of state. The information must be entered under the
rules of the secretary of state. This requirement does not
apply to tax lien notices filed under sections 268.161,
subdivision 1, paragraph (b), clause (2); 270.69, subdivision 2,
paragraph (b), clause (2); and 272.488, subdivision 1, but does
apply to entry of the date and time of receipt and county
recorder's file number of those notices.
(c) The secretary of state may allow private parties to
have electronic-view-only access to the computerized filing
system and to other computerized records maintained by the
secretary of state on a fee basis, except that visual access to
electronic display terminals at the public counters at the
secretary of state's office will be without charge and available
during public counter hours. If the computerized filing system
allows a form of electronic access to information regarding the
obligations of debtors, the access must be available 24 hours a
day, every day of the year.
Notwithstanding section 13.49, private parties who have
electronic-view-only access to computerized records may view the
social security number information about a debtor that is of
record.
(d) The secretary of state shall adopt rules to implement
the computerized filing system. The secretary of state may
adopt permanent and emergency rules. The rules must:
(1) allow filings to be made at the offices of all county
recorders and the secretary of state's office as required by
section 336.9-401;
(2) establish a central database for all information
relating to liens and security interests that are filed at the
offices of county recorders and the secretary of state;
(3) provide procedures for entering data into a central
database;
(4) allow the offices of all county recorders and the
secretary of state's office to add, modify, and delete
information in the central database as required by the uniform
commercial code;
(5) allow the offices of all county recorders and the
secretary of state's office to have access to the central
database for review and search capabilities;
(6) allow the offices of all county recorders to have
electronic-view-only access to the computerized business
information records on file with the secretary of state;
(7) require the secretary of state to maintain the central
database;
(8) provide security and protection of all information in
the central database and monitor the central database to ensure
that unauthorized entry is not allowed;
(9) require standardized information for entry into the
central database;
(10) prescribe an identification procedure for debtors and
secured parties that will enhance lien and financing statement
searches; and
(11) prescribe a procedure for phasing-in or converting
from the existing filing system to a computerized filing system.
(e) The secretary of state, county recorders, and their
employees and agents shall not be liable for any loss or damages
arising from errors in or omissions from information entered
into the computerized filing system as a result of the
electronic transmission of tax lien notices under sections
268.161, subdivision 1, paragraph (b), clause (2); 270.69,
subdivision 2, paragraph (b), clause (2); 272.483; and 272.488,
subdivision subdivisions 1 and 3.
Sec. 52. Minnesota Statutes 1994, section 363.061,
subdivision 2, is amended to read:
Subd. 2. [ACCESS TO OPEN FILES.] (a) Human rights
investigative data on an individual, with the exception of the
name and address of the charging party and respondent, factual
basis of the allegations, and the statute under which the action
is brought, contained in an open case file is classified as
confidential. The name and address of the charging party and
respondent, factual basis of the allegations, and the statute
under which the action is brought are classified as private data
until seven working days after the commissioner has mailed a
copy of the charge to the respondent, at which time the data
become public data, unless the commissioner determines that
release of the data would be detrimental to the investigative
and enforcement process.
(b) Human rights investigative data not on an individual
contained in an open case file is classified as protected
nonpublic data.
(c) Notwithstanding this subdivision, the commissioner may
make human rights investigative data contained in an open case
file accessible to a person, government agency, or the public if
access will aid the investigative and enforcement process.
Sec. 53. Minnesota Statutes 1994, section 383B.225,
subdivision 6, is amended to read:
Subd. 6. [INVESTIGATION PROCEDURE.] (a) Upon notification
of the death of any person, as provided in subdivision 5, the
county medical examiner or a designee may proceed to the body,
take charge of it, and order, when necessary, that there be no
interference with the body or the scene of death. Any person
violating the order of the examiner is guilty of a misdemeanor.
The examiner or the examiner's designee shall make inquiry
regarding the cause and manner of death and prepare written
findings together with the report of death and its
circumstances, which shall be filed in the office of the
examiner. When it appears that death may have resulted from a
criminal act and that further investigation is advisable, a copy
of the report shall be transmitted to the county attorney. The
examiner may take possession of all property of the deceased,
mark it for identification, and make an inventory. The examiner
shall take possession of all articles useful in establishing the
cause of death, mark them for identification and retain them
securely until they are no longer needed for evidence or
investigation. The examiner shall release any property or
articles needed for any criminal investigation to law
enforcement officers conducting the investigation. When a
reasonable basis exists for not releasing property or articles
to law enforcement officers, the examiner shall consult with the
county attorney. If the county attorney determines that a
reasonable basis exists for not releasing the property or
articles, the examiner may retain them. The property or
articles shall be returned immediately upon completion of the
investigation. When the property or articles are no longer
needed for the investigation or as evidence, the examiner shall
release the property or articles to the person or persons
entitled to them. Notwithstanding any other law to the
contrary, when personal property of a decedent has come into the
possession of the examiner, and is not used for a criminal
investigation or as evidence, and has not been otherwise
released as provided in this subdivision, the name of the
decedent shall be filed with the probate court, together with a
copy of the inventory of the decedent's property. At that time,
an examination of the records of the probate court shall be made
to determine whether a will has been admitted to probate or an
administration has been commenced. Property of a nominal value,
including wearing apparel, may be released to the spouse or any
blood relative of the decedent or to the person accepting
financial responsibility for burial of the decedent. If
property has not been released by the examiner and no will has
been admitted to probate or administration commenced within six
months after death, the examiner shall sell the property at a
public auction upon notice and in a manner as the probate court
may direct; except that the examiner shall cause to be destroyed
any firearm or other weapon that is not released to or claimed
by a decedent's spouse or blood relative. If the name of the
decedent is not known, the examiner shall inventory the property
of the decedent and after six months may sell the property at a
public auction. The examiner shall be allowed reasonable
expenses for the care and sale of the property and shall deposit
the net proceeds of the sale with the county administrator, or
the administrator's designee, in the name of the decedent, if
known. If the decedent is not known, the examiner shall
establish a means of identifying the property of the decedent
with the unknown decedent and shall deposit the net proceeds of
the sale with the county administrator, or a designee, so, that,
if the unknown decedent's identity is established within six
years, the proceeds can be properly distributed. In either
case, duplicate receipts shall be provided to the examiner, one
of which shall be filed with the court, the other of which shall
be retained in the office of the examiner. If a representative
shall qualify within six years from the time of deposit, the
county administrator, or a designee, shall pay the amount of the
deposit to the representative upon order of the court. If no
order is made within six years, the proceeds of the sale shall
become a part of the general revenue of the county.
(b) For the purposes of this section, health-related
records or data on a decedent, except health data defined in
section 13.38, whose death is being investigated under this
section, whether the records or data are recorded or unrecorded,
including but not limited to those concerning medical, surgical,
psychiatric, psychological, or any other consultation,
diagnosis, or treatment, including medical imaging, shall be
made promptly available to the medical examiner, upon the
medical examiner's written request, by a person having custody
of, possession of, access to, or knowledge of the records or
data. In cases involving a stillborn infant or the death of a
fetus or an infant less than one year of age, the records on the
decedent's mother shall also be made promptly available to the
medical examiner. The medical examiner shall pay the reasonable
costs of copies of records or data provided to the medical
examiner under this section. Data collected or created pursuant
to this subdivision relating to any psychiatric, psychological,
or mental health consultation with, diagnosis of, or treatment
of the decedent whose death is being investigated shall remain
confidential or protected nonpublic data, except that the
medical examiner's report may contain a summary of such data.
Sec. 54. Minnesota Statutes 1994, section 388.24,
subdivision 4, is amended to read:
Subd. 4. [REPORTING OF DATA TO CRIMINAL JUSTICE
INFORMATION SYSTEM (CJIS).] Effective August 1, 1997, every
county attorney who establishes a diversion program under this
section shall report the following information to the bureau of
criminal apprehension:
(1) the name and date of birth of each diversion program
participant and any other identifying information the
superintendent considers necessary;
(2) the date on which the individual began to participate
in the diversion program;
(3) the date on which the individual is expected to
complete the diversion program;
(4) the date on which the individual successfully completed
the diversion program, where applicable; and
(5) the date on which the individual was removed from the
diversion program for failure to successfully complete the
individual's goals, where applicable.
The superintendent shall cause the information described in
this subdivision to be entered into and maintained in the
criminal history file of the Minnesota criminal justice
information system.
Sec. 55. Minnesota Statutes 1994, section 401.065,
subdivision 3a, is amended to read:
Subd. 3a. [REPORTING OF DATA TO CRIMINAL JUSTICE
INFORMATION SYSTEM (CJIS).] (a) Every county attorney who
establishes a diversion program under this section shall report
the following information to the bureau of criminal apprehension:
(1) the name and date of birth of each diversion program
participant and any other identifying information the
superintendent considers necessary;
(2) the date on which the individual began to participate
in the diversion program;
(3) the date on which the individual is expected to
complete the diversion program;
(4) the date on which the individual successfully completed
the diversion program, where applicable; and
(5) the date on which the individual was removed from the
diversion program for failure to successfully complete the
individual's goals, where applicable.
The superintendent shall cause the information described in
this subdivision to be entered into and maintained in the
criminal history file of the Minnesota criminal justice
information system.
(b) Effective August 1, 1997, the reporting requirements of
this subdivision shall apply to misdemeanor offenses.
Sec. 56. Laws 1993, chapter 192, section 110, is amended
to read:
Sec. 110. [REPEALER.]
(a) Minnesota Statutes 1992, section 309.502, is repealed.
(b) Minnesota Statutes 1992, sections 16A.095, subdivision
3; 16A.123; 16A.128; 16A.1281; 16A.35; 16A.45, subdivisions 2
and 3; 16A.80; and 290A.24, are repealed.
(c) Minnesota Statutes 1992, section 13.072, is repealed
effective August 1, 1995.
Sec. 57. [CRIMINAL AND JUVENILE INFORMATION POLICY GROUP
REPORT.]
By January 15, 1996, the criminal and juvenile information
policy group shall report to the chairs of the senate crime
prevention committee and house of representatives judiciary
committee on recommendations for additional offenses to be
subject to identification reporting requirements of Minnesota
Statutes, section 299C.10, subdivision 1, and on processes for
expungement, correction of inaccurate records, destruction of
records, and other matters relating to the privacy interests of
individuals as they relate to the development of the juvenile
criminal history system, the statewide misdemeanor system, and
the tracking system for domestic abuse orders for protection.
Sec. 58. [13.385] [HUNTINGTON'S DISEASE DATA.]
All data created, collected, received, or maintained by the
commissioner of health on individuals relating to genetic
counseling services for Huntington's Disease provided by the
department of health is private data on individuals. The data
may be permanently transferred from the department to the
Hennepin county medical center, and once transferred, shall
continue to be classified as private data on individuals.
Sec. 59. [PROCESS FOR RESOLVING DATA DISPUTES.]
The commissioner of administration in consultation with the
commissioner of human services, county attorneys, legal
services, local social service agencies, community agencies, and
interested citizens shall develop a process for resolving
disputes about the accuracy and completeness of data on
individuals at the point where the disputed data is held and for
the lowest possible cost. If the process requires legislation
to implement, the commissioner of administration shall propose
such legislation by February 1, 1996.
Sec. 60. [REPORT.]
(a) The government information access council shall report
recommendations regarding state and local government
intellectual property to the legislature by January 15, 1996.
(b) To the extent feasible, the government information
access council shall prepare an inventory of state intellectual
property and a report on the inventory to the legislature by
January 15, 1996.
Sec. 61. [FINANCIAL ASSISTANCE DATA POLICY.]
The data practices subcommittees of the house of
representatives and the senate shall study and recommend a
uniform statutory policy for the treatment of financial
assistance data. The subcommittees, in cooperation with
appropriate state agencies, statewide systems, and political
subdivisions, shall develop legislative recommendations by
January 15, 1996, based on information regarding:
(1) the purpose of the various kinds of financial
assistance available to businesses and individuals, and the
types of projects supported by the financial assistance;
(2) current practice regarding the kinds of data collected
from applicants for and recipients of financial assistance, and
how the data are collected;
(3) types of financial information and any other
information collected in order to make award determinations;
(4) the proprietary value of data collected from applicants
and recipients, including whether any data involve trade
secrets; and
(5) at what point in the application or award process
various kinds of data are collected and when, if ever, the
various kinds of data should not become public.
Sec. 62. [REPEALER.]
Minnesota Statutes 1994, sections 13.06, subdivision 6;
13.38, subdivision 4; 13.69, subdivision 2; 13.71, subdivisions
9, 10, 11, 12, 13, 14, 15, 16, and 17; 13B.04; and Laws 1990,
chapter 566, section 9, as amended by Laws 1992, chapter 569,
section 36, and Laws 1994, chapter 618, article 1, section 47,
are repealed.
Sec. 63. [EFFECTIVE DATE.]
Sections 2, 3, 42, 44, 46, 49, 50, 51, and 56 are effective
the day following final enactment. Section 36 is effective July
1, 1998.
ARTICLE 2
INFORMATION POLICY TRAINING PROGRAM
Section 1. [13.073] [PUBLIC INFORMATION POLICY TRAINING
PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The commissioner may
establish a program for training state and local government
officials and employees on public information policy, including
government data practices laws and official records and records
management statutes. The program may provide for the
development of broad-based expertise within state and local
government entities. The program components may include basic
training, specific training for specialized service sectors, and
policy analysis and support.
Subd. 2. [GENERAL PROVISIONS.] The commissioner may
publicize the development and implementation of the training
program under this section and seek input from state and local
government entities. The commissioner may prepare a training
guide that includes an overview of the training program and its
components.
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 in developing
training expertise within their own agencies and offer
assistance for periodic training sessions for this purpose.
Subd. 4. [SECTOR-SPECIFIC TRAINING.] (a) The
sector-specific training component should be designed to provide
for the development of specific expertise needed to deal with
information policy issues within a particular service area.
Service areas may include government entities such as state
agencies, counties, cities, or school districts, or functional
areas such as education, human services, child protection, or
law enforcement. This component should focus on training
individuals who implement or administer data practices and other
information policy laws within their government entity.
(b) The commissioner may provide technical assistance and
support and help coordinate efforts to develop sector-specific
training within different sectors. Elements of sector-specific
training should include:
(1) designation, training, and coordination of data
practices specialists with responsibility for clarification and
resolution of sector-specific information policy issues;
(2) development of telephone hot lines within different
sectors for handling information policy inquiries;
(3) development of forums under which individuals with
ongoing information policy administrative responsibilities may
meet to discuss issues arising within their sectors;
(4) availability of expertise for coaching and consultation
on specific issues; and
(5) preparation of publications, including reference guides
to materials and resource persons.
Subd. 5. [POLICY ANALYSIS AND SUPPORT.] The policy
analysis and support component should be designed to address
information policy issues at the policy level and to provide
ongoing consultation and support regarding major areas of
concern with a goal of developing a coherent and coordinated
approach to information policy within the state. The
commissioner may assist in the development and implementation of
information policy and provide a clearinghouse for ideas,
information, and resources. The commissioner may review public
information policy and identify how that policy can be updated,
simplified, and made consistent.
Sec. 2. [REPORT.]
By January 15, 1996, the commissioner of administration
shall report to the legislature on progress in implementing the
training program under section 1. The report must include
recommendations and cost estimates for accelerated
implementation of the training plan.
ARTICLE 3
TECHNICAL CHANGES DOMESTIC ASSAULT CRIME
Section 1. Minnesota Statutes 1994, section 148B.68,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED CONDUCT.] The commissioner may
impose disciplinary action as described in section 148B.69
against any unlicensed mental health practitioner. The
following conduct is prohibited and is grounds for disciplinary
action:
(a) Conviction of a crime, including a finding or verdict
of guilt, an admission of guilt, or a no contest plea, in any
court in Minnesota or any other jurisdiction in the United
States, reasonably related to the provision of mental health
services. Conviction, as used in this subdivision, includes a
conviction of an offense which, if committed in this state,
would be deemed a felony or gross misdemeanor without regard to
its designation elsewhere, or a criminal proceeding where a
finding or verdict of guilty is made or returned but the
adjudication of guilt is either withheld or not entered.
(b) Conviction of crimes against persons. For purposes of
this chapter, a crime against a person means violations of the
following: sections 609.185; 609.19; 609.195; 609.20; 609.205;
609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2242;
609.23; 609.231; 609.235; 609.24; 609.245; 609.25; 609.255;
609.26, subdivision 1, clause (1) or (2); 609.265; 609.342;
609.343; 609.344; 609.345; 609.365; 609.498, subdivision 1;
609.50, clause (1); 609.561; 609.562; and 609.595.
(c) Failure to comply with the self-reporting requirements
of section 148B.63, subdivision 6.
(d) Engaging in sexual contact with a client or former
client as defined in section 148A.01, or engaging in contact
that may be reasonably interpreted by a client as sexual, or
engaging in any verbal behavior that is seductive or sexually
demeaning to the patient, or engaging in sexual exploitation of
a client or former client.
(e) Advertising that is false, fraudulent, deceptive, or
misleading.
(f) Conduct likely to deceive, defraud, or harm the public;
or demonstrating a willful or careless disregard for the health,
welfare, or safety of a client; or any other practice that may
create unnecessary danger to any client's life, health, or
safety, in any of which cases, proof of actual injury need not
be established.
(g) Adjudication as mentally incompetent, or as a person
who is dangerous to self, or adjudication pursuant to chapter
253B, as chemically dependent, mentally ill, mentally retarded,
mentally ill and dangerous to the public, or as a sexual
psychopathic personality or sexually dangerous person.
(h) Inability to provide mental health services with
reasonable safety to clients.
(i) The habitual overindulgence in the use of or the
dependence on intoxicating liquors.
(j) Improper or unauthorized personal or other use of any
legend drugs as defined in chapter 151, any chemicals as defined
in chapter 151, or any controlled substance as defined in
chapter 152.
(k) Revealing a communication from, or relating to, a
client except when otherwise required or permitted by law.
(l) Failure to comply with a client's request made under
section 144.335, or to furnish a client record or report
required by law.
(m) Splitting fees or promising to pay a portion of a fee
to any other professional other than for services rendered by
the other professional to the client.
(n) Engaging in abusive or fraudulent billing practices,
including violations of the federal Medicare and Medicaid laws
or state medical assistance laws.
(o) Failure to make reports as required by section 148B.63,
or cooperate with an investigation of the office.
(p) Obtaining money, property, or services from a client,
other than reasonable fees for services provided to the client,
through the use of undue influence, harassment, duress,
deception, or fraud.
(q) Undertaking or continuing a professional relationship
with a client in which the objectivity of the professional would
be impaired.
(r) Failure to provide the client with a copy of the client
bill of rights or violation of any provision of the client bill
of rights.
(s) Violating any order issued by the commissioner.
(t) Failure to comply with sections 148B.60 to 148B.71, and
the rules adopted under those sections.
(u) Failure to comply with any additional disciplinary
grounds established by the commissioner by rule.
Sec. 2. Minnesota Statutes 1994, section 253B.02,
subdivision 4a, is amended to read:
Subd. 4a. [CRIME AGAINST THE PERSON.] "Crime against the
person" means a violation of or attempt to violate any of the
following provisions: sections 609.185; 609.19; 609.195;
609.20; 609.205; 609.21; 609.215; 609.221; 609.222; 609.223;
609.224; 609.2242; 609.23; 609.231; 609.235; 609.24; 609.245;
609.25; 609.255; 609.265; 609.27, subdivision 1, clause (1) or
(2); 609.28 if violence or threats of violence were used;
609.322, subdivision 1, clause (2); 609.342; 609.343; 609.344;
609.345; 609.365; 609.498, subdivision 1; 609.50, clause (1);
609.561; 609.562; and 609.595.
Sec. 3. Minnesota Statutes 1994, section 260.015,
subdivision 28, is amended to read:
Subd. 28. [CHILD ABUSE.] "Child abuse" means an act that
involves a minor victim and that constitutes a violation of
section 609.221, 609.222, 609.223, 609.224, 609.2242, 609.322,
609.323, 609.324, 609.342, 609.343, 609.344, 609.345, 609.377,
609.378, or 617.246.
Sec. 4. Minnesota Statutes 1994, section 260.161,
subdivision 1b, is amended to read:
Subd. 1b. [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a
juvenile is enrolled in school, the juvenile's probation officer
shall transmit a copy of the court's disposition order to the
principal or chief administrative officer of the juvenile's
school if the juvenile has been adjudicated delinquent for
committing an act on the school's property or an act:
(1) that would be a violation of section 609.185
(first-degree murder); 609.19 (second-degree murder); 609.195
(third-degree murder); 609.20 (first-degree manslaughter);
609.205 (second-degree manslaughter); 609.21 (criminal vehicular
homicide and injury); 609.221 (first-degree assault); 609.222
(second-degree assault); 609.223 (third-degree assault);
609.2231 (fourth-degree assault); 609.224 (fifth-degree
assault); 609.2242 (domestic assault); 609.24 (simple robbery);
609.245 (aggravated robbery); 609.25 (kidnapping); 609.255
(false imprisonment); 609.342 (first-degree criminal sexual
conduct); 609.343 (second-degree criminal sexual conduct);
609.344 (third-degree criminal sexual conduct); 609.345
(fourth-degree criminal sexual conduct); 609.3451 (fifth-degree
criminal sexual conduct); 609.498 (tampering with a witness);
609.561 (first-degree arson); 609.582, subdivision 1 or 2
(burglary); 609.713 (terroristic threats); or 609.749
(harassment and stalking), if committed by an adult;
(2) that would be a violation of section 152.021
(first-degree controlled substance crime); 152.022
(second-degree controlled substance crime); 152.023
(third-degree controlled substance crime); 152.024
(fourth-degree controlled substance crime); 152.025
(fifth-degree controlled substance crime); 152.0261 (importing a
controlled substance); or 152.027 (other controlled substance
offenses), if committed by an adult; or
(3) that involved the possession or use of a dangerous
weapon as defined in section 609.02, subdivision 6.
When a disposition order is transmitted under this
paragraph, the probation officer shall notify the juvenile's
parent or legal guardian that the disposition order has been
shared with the juvenile's school.
(b) The disposition order must be accompanied by a notice
to the school that the school may obtain additional information
from the juvenile's probation officer with the consent of the
juvenile or the juvenile's parents, as applicable. The
disposition order must be maintained in the student's permanent
education record but may not be released outside of the school
district or educational entity, other than to another school
district or educational entity to which the juvenile is
transferring. Notwithstanding section 138.17, the disposition
order must be destroyed when the juvenile graduates from the
school or at the end of the academic year when the juvenile
reaches age 23, whichever date is earlier.
(c) The juvenile's probation officer shall maintain a
record of disposition orders released under this subdivision and
the basis for the release.
(d) The criminal and juvenile justice information policy
group, in consultation with representatives of probation
officers and educators, shall prepare standard forms for use by
juvenile probation officers in forwarding information to schools
under this subdivision and in maintaining a record of the
information that is released.
(e) As used in this subdivision, "school" means a public or
private elementary, middle, or secondary school.
Sec. 5. Minnesota Statutes 1994, section 299C.61,
subdivision 4, is amended to read:
Subd. 4. [CHILD ABUSE CRIME.] "Child abuse crime" means:
(1) an act committed against a minor victim that
constitutes a violation of section 609.185, clause (5); 609.221;
609.222; 609.223; 609.224; 609.2242; 609.322; 609.323; 609.324;
609.342; 609.343; 609.344; 609.345; 609.352; 609.377; or
609.378; or
(2) a violation of section 152.021, subdivision 1, clause
(4); 152.022, subdivision 1, clause (5) or (6); 152.023,
subdivision 1, clause (3) or (4); 152.023, subdivision 2, clause
(4) or (6); or 152.024, subdivision 1, clause (2), (3), or (4).
Sec. 6. Minnesota Statutes 1994, section 518B.01,
subdivision 14, is amended to read:
Subd. 14. [VIOLATION OF AN ORDER FOR PROTECTION.] (a)
Whenever an order for protection is granted pursuant to this
section, and the respondent or person to be restrained knows of
the order, violation of the order for protection is a
misdemeanor. Upon conviction, the defendant must be sentenced
to a minimum of three days imprisonment and must be ordered to
participate in counseling or other appropriate programs selected
by the court. If the court stays imposition or execution of the
jail sentence and the defendant refuses or fails to comply with
the court's treatment order, the court must impose and execute
the stayed jail sentence. A person is guilty of a gross
misdemeanor who violates this paragraph during the time period
between a previous conviction under this paragraph; sections
609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3;
609.748, subdivision 6; 609.749; or a similar law of another
state and the end of the five years following discharge from
sentence for that conviction. Upon conviction, the defendant
must be sentenced to a minimum of ten days imprisonment and must
be ordered to participate in counseling or other appropriate
programs selected by the court. Notwithstanding section
609.135, the court must impose and execute the minimum sentence
provided in this paragraph for gross misdemeanor convictions.
(b) A peace officer shall arrest without a warrant and take
into custody a person whom the peace officer has probable cause
to believe has violated an order granted pursuant to this
section restraining the person or excluding the person from the
residence or the petitioner's place of employment, even if the
violation of the order did not take place in the presence of the
peace officer, if the existence of the order can be verified by
the officer. The person shall be held in custody for at least
36 hours, excluding the day of arrest, Sundays, and holidays,
unless the person is released earlier by a judge or judicial
officer. A peace officer acting in good faith and exercising
due care in making an arrest pursuant to this paragraph is
immune from civil liability that might result from the officer's
actions.
(c) A violation of an order for protection shall also
constitute contempt of court and be subject to the penalties
therefor.
(d) If the court finds that the respondent has violated an
order for protection and that there is reason to believe that
the respondent will commit a further violation of the provisions
of the order restraining the respondent from committing acts of
domestic abuse or excluding the respondent from the petitioner's
residence, the court may require the respondent to acknowledge
an obligation to comply with the order on the record. The court
may require a bond sufficient to deter the respondent from
committing further violations of the order for protection,
considering the financial resources of the respondent, and not
to exceed $10,000. If the respondent refuses to comply with an
order to acknowledge the obligation or post a bond under this
paragraph, the court shall commit the respondent to the county
jail during the term of the order for protection or until the
respondent complies with the order under this paragraph. The
warrant must state the cause of commitment, with the sum and
time for which any bond is required. If an order is issued
under this paragraph, the court may order the costs of the
contempt action, or any part of them, to be paid by the
respondent. An order under this paragraph is appealable.
(e) Upon the filing of an affidavit by the petitioner, any
peace officer, or an interested party designated by the court,
alleging that the respondent has violated any order for
protection granted pursuant to this section, the court may issue
an order to the respondent, requiring the respondent to appear
and show cause within 14 days why the respondent should not be
found in contempt of court and punished therefor. The hearing
may be held by the court in any county in which the petitioner
or respondent temporarily or permanently resides at the time of
the alleged violation. The court also shall refer the violation
of the order for protection to the appropriate prosecuting
authority for possible prosecution under paragraph (a).
(f) If it is alleged that the respondent has violated an
order for protection issued under subdivision 6 and the court
finds that the order has expired between the time of the alleged
violation and the court's hearing on the violation, the court
may grant a new order for protection under subdivision 6 based
solely on the respondent's alleged violation of the prior order,
to be effective until the hearing on the alleged violation of
the prior order. If the court finds that the respondent has
violated the prior order, the relief granted in the new order
for protection shall be extended for a fixed period, not to
exceed one year.
(g) The admittance into petitioner's dwelling of an abusing
party excluded from the dwelling under an order for protection
is not a violation by the petitioner of the order for protection.
A peace officer is not liable under section 609.43, clause
(1), for a failure to perform a duty required by paragraph (b).
Sec. 7. Minnesota Statutes 1994, section 609.101,
subdivision 2, is amended to read:
Subd. 2. [MINIMUM FINES.] Notwithstanding any other law:
(1) when a court sentences a person convicted of violating
section 609.221, 609.267, or 609.342, it must impose a fine of
not less than $500 nor more than the maximum fine authorized by
law;
(2) when a court sentences a person convicted of violating
section 609.222, 609.223, 609.2671, 609.343, 609.344, or
609.345, it must impose a fine of not less than $300 nor more
than the maximum fine authorized by law; and
(3) when a court sentences a person convicted of violating
section 609.2231, 609.224, 609.2242, or 609.2672, it must impose
a fine of not less than $100 nor more than the maximum fine
authorized by law.
The court shall collect the portion of the fine mandated by
this subdivision and forward 70 percent of it to a local victim
assistance program that provides services locally in the county
in which the crime was committed. The court shall forward the
remaining 30 percent to the commissioner of finance to be
credited to the general fund. If more than one victim
assistance program serves the county in which the crime was
committed, the court may designate on a case-by-case basis which
program will receive the fine proceeds, giving consideration to
the nature of the crime committed, the types of victims served
by the program, and the funding needs of the program. If no
victim assistance program serves that county, the court shall
forward 100 percent of the fine proceeds to the commissioner of
finance to be credited to the general fund. Fine proceeds
received by a local victim assistance program must be used to
provide direct services to crime victims.
The minimum fine required by this subdivision is in
addition to the surcharge or assessment required by subdivision
1 and is in addition to any sentence of imprisonment or
restitution imposed or ordered by the court.
As used in this subdivision, "victim assistance program"
means victim witness programs within county attorney offices or
any of the following programs: crime victim crisis centers,
victim-witness programs, battered women shelters and nonshelter
programs, and sexual assault programs.
Sec. 8. Minnesota Statutes 1994, section 609.131,
subdivision 2, is amended to read:
Subd. 2. [CERTAIN VIOLATIONS EXCEPTED.] Subdivision 1 does
not apply to a misdemeanor violation of section 169.121;
609.224; 609.2242; 609.226; 609.324, subdivision 3; 609.52; or
617.23, or an ordinance that conforms in substantial part to any
of those sections. A violation described in this subdivision
must be treated as a misdemeanor unless the defendant consents
to the certification of the violation as a petty misdemeanor.
Sec. 9. Minnesota Statutes 1994, section 609.135,
subdivision 2, is amended to read:
Subd. 2. (a) If the conviction is for a felony the stay
shall be for not more than four years or the maximum period for
which the sentence of imprisonment might have been imposed,
whichever is longer.
(b) If the conviction is for a gross misdemeanor violation
of section 169.121 or 169.129, the stay shall be for not more
than four years. The court shall provide for unsupervised
probation for the last one year of the stay unless the court
finds that the defendant needs supervised probation for all or
part of the last one year.
(c) If the conviction is for a gross misdemeanor not
specified in paragraph (b), the stay shall be for not more than
two years.
(d) If the conviction is for any misdemeanor under section
169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a
misdemeanor under section 609.2242 or 609.224, subdivision 1, in
which the victim of the crime was a family or household member
as defined in section 518B.01, the stay shall be for not more
than two years. The court shall provide for unsupervised
probation for the second year of the stay unless the court finds
that the defendant needs supervised probation for all or part of
the second year.
(e) If the conviction is for a misdemeanor not specified in
paragraph (d), the stay shall be for not more than one year.
(f) The defendant shall be discharged six months after the
term of the stay expires, unless the stay has been revoked or
extended under paragraph (g), or the defendant has already been
discharged.
(g) Notwithstanding the maximum periods specified for stays
of sentences under paragraphs (a) to (f), a court may extend a
defendant's term of probation for up to one year if it finds, at
a hearing conducted under subdivision 1a, that:
(1) the defendant has not paid court-ordered restitution or
a fine in accordance with the payment schedule or structure; and
(2) the defendant is likely to not pay the restitution or
fine the defendant owes before the term of probation expires.
This one-year extension of probation for failure to pay
restitution or a fine may be extended by the court for up to one
additional year if the court finds, at another hearing conducted
under subdivision 1a, that the defendant still has not paid the
court-ordered restitution or fine that the defendant owes.
Sec. 10. Minnesota Statutes 1994, section 609.135,
subdivision 5a, is amended to read:
Subd. 5a. [DOMESTIC ABUSE VICTIMS; ELECTRONIC MONITORING.]
(a) Until the commissioner of corrections has adopted standards
governing electronic monitoring devices used to protect victims
of domestic abuse, the court, as a condition of a stay of
imposition or execution of a sentence, may not order an offender
convicted of a crime described in paragraph (b) to use an
electronic monitoring device to protect a victim's safety.
(b) This subdivision applies to the following crimes, if
committed by the defendant against a family or household member
as defined in section 518B.01, subdivision 2:
(1) violations of orders for protection issued under
chapter 518B;
(2) assault in the first, second, third, or fifth degree
under section 609.221, 609.222, 609.223, or 609.224; or domestic
assault under section 609.2242;
(3) criminal damage to property under section 609.595;
(4) disorderly conduct under section 609.72;
(5) harassing telephone calls under section 609.79;
(6) burglary under section 609.582;
(7) trespass under section 609.605;
(8) criminal sexual conduct in the first, second, third,
fourth, or fifth degree under section 609.342, 609.343, 609.344,
609.345, or 609.3451; and
(9) terroristic threats under section 609.713.
(c) Notwithstanding paragraph (a), the judges in the tenth
judicial district may order, as a condition of a stay of
imposition or execution of a sentence, a defendant convicted of
a crime described in paragraph (b), to use an electronic
monitoring device to protect the victim's safety. The judges
shall make data on the use of electronic monitoring devices to
protect a victim's safety in the tenth judicial district
available to the commissioner of corrections to evaluate and to
aid in development of standards for the use of devices to
protect victims of domestic abuse.
Sec. 11. Minnesota Statutes 1994, section 609.1352,
subdivision 3, is amended to read:
Subd. 3. [DANGER TO PUBLIC SAFETY.] The court shall base
its finding that the offender is a danger to public safety on
either of the following factors:
(1) the crime involved an aggravating factor that would
justify a durational departure from the presumptive sentence
under the sentencing guidelines; or
(2) the offender previously committed or attempted to
commit a predatory crime or a violation of section 609.224 or
609.2242, including an offense committed as a juvenile that
would have been a predatory crime or a violation of section
609.224 or 609.2242 if committed by an adult.
Sec. 12. Minnesota Statutes 1994, section 609.185, is
amended to read:
609.185 [MURDER IN THE FIRST DEGREE.]
Whoever does any of the following is guilty of murder in
the first degree and shall be sentenced to imprisonment for life:
(1) causes the death of a human being with premeditation
and with intent to effect the death of the person or of another;
(2) causes the death of a human being while committing or
attempting to commit criminal sexual conduct in the first or
second degree with force or violence, either upon or affecting
the person or another;
(3) causes the death of a human being with intent to effect
the death of the person or another, while committing or
attempting to commit burglary, aggravated robbery, kidnapping,
arson in the first or second degree, tampering with a witness in
the first degree, escape from custody, or any felony violation
of chapter 152 involving the unlawful sale of a controlled
substance;
(4) causes the death of a peace officer or a guard employed
at a Minnesota state or local correctional facility, with intent
to effect the death of that person or another, while the peace
officer or guard is engaged in the performance of official
duties;
(5) causes the death of a minor under circumstances other
than those described in clause (1) or (2) while committing child
abuse, when the perpetrator has engaged in a past pattern of
child abuse upon the child and the death occurs under
circumstances manifesting an extreme indifference to human life;
or
(6) causes the death of a human being under circumstances
other than those described in clause (1), (2), or (5) while
committing domestic abuse, when the perpetrator has engaged in a
past pattern of domestic abuse upon the victim and the death
occurs under circumstances manifesting an extreme indifference
to human life.
For purposes of clause (5), "child abuse" means an act
committed against a minor victim that constitutes a violation of
the following laws of this state or any similar laws of the
United States or any other state: section 609.221; 609.222;
609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345;
609.377; 609.378; or 609.713.
For purposes of clause (6), "domestic abuse" means an act
that:
(1) constitutes a violation of section 609.221, 609.222,
609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345,
609.713, or any similar laws of the United States or any other
state; and
(2) is committed against the victim who is a family or
household member as defined in section 518B.01, subdivision 2,
paragraph (b).
Sec. 13. Minnesota Statutes 1994, section 609.224,
subdivision 2, is amended to read:
Subd. 2. [GROSS MISDEMEANOR.] (a) Whoever violates the
provisions of subdivision 1 against the same victim during the
time period between a previous conviction under this section,
sections 609.221 to 609.2231, 609.342 to 609.345, or 609.713, or
any similar law of another state, and the end of the five years
following discharge from sentence for that conviction, is guilty
of a gross misdemeanor and 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. Whoever violates the provisions of subdivision
1 against a family or household member as defined in section
518B.01, subdivision 2, during the time period between a
previous conviction under this section or sections 609.221 to
609.2231, 609.342 to 609.345, or 609.713 against a family or
household member, and the end of the five years following
discharge from sentence for that conviction is guilty of a gross
misdemeanor and 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) Whoever violates the provisions of subdivision 1 within
two years of a previous conviction under this section or
sections 609.221 to 609.2231 or 609.713 is guilty of a gross
misdemeanor and 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.
Sec. 14. Minnesota Statutes 1994, section 609.224,
subdivision 3, is amended to read:
Subd. 3. [DOMESTIC ASSAULTS; FIREARMS.] (a) When a person
is convicted of a violation of this section or section 609.221,
609.222, or 609.223, the court shall determine and make written
findings on the record as to whether:
(1) the assault was committed against a family or household
member, as defined in section 518B.01, subdivision 2;
(2) the defendant owns or possesses a firearm; and
(3) (2) the firearm was used in any way during the
commission of the assault.
(b) If the court determines that the assault was of a
family or household member, and that the offender owns or
possesses a firearm and used it in any way during the commission
of the assault, it shall order that the firearm be summarily
forfeited under section 609.5316, subdivision 3.
(c) When a person is convicted of assaulting a family or
household member and is determined by the court to have used a
firearm in any way during commission of the assault the court
may order that the person is prohibited from possessing any type
of firearm for any period longer than three years or for the
remainder of the person's life. A person who violates this
firearm possession prohibition is guilty of a gross
misdemeanor. At the time of the conviction, the court shall
inform the defendant whether and for how long the defendant is
prohibited from possessing a firearm and that it is a gross
misdemeanor to violate this prohibition. The failure of the
court to provide this information to a defendant does not affect
the applicability of the firearm possession prohibition or the
gross misdemeanor penalty to that defendant.
(d) Except as otherwise provided in paragraph (c), when a
person is convicted of a violation of this section and the court
determines that the victim was a family or household member, the
court shall inform the defendant that the defendant is
prohibited from possessing a pistol for a period of three years
from the date of conviction and that it is a gross misdemeanor
offense to violate this prohibition. The failure of the court
to provide this information to a defendant does not affect the
applicability of the pistol possession prohibition or the gross
misdemeanor penalty to that defendant.
(e) (b) Except as otherwise provided in paragraph (c)
section 609.2242, subdivision 3, paragraph (c), a person is not
entitled to possess a pistol if:
(1) the person has been convicted after August 1, 1992, of
assault in the fifth degree if the offense was committed within
three years of a previous conviction under sections 609.221 to
609.224; or
(2) the person has been convicted after August 1, 1992, of
assault in the fifth degree under section 609.224 and the
assault victim was a family or household member as defined in
section 518B.01, subdivision 2, unless three years have elapsed
from the date of conviction and, during that time, the person
has not been convicted of any other violation of section
609.224. Property rights may not be abated but access may be
restricted by the courts. A person who possesses a pistol in
violation of this paragraph is guilty of a gross misdemeanor.
Sec. 15. [609.2242] [DOMESTIC ASSAULT.]
Subdivision 1. [MISDEMEANOR.] Whoever does any of the
following against a family or household member as defined in
section 518B.01, subdivision 2, commits an assault and is guilty
of a misdemeanor:
(1) commits an act with intent to cause fear in another of
immediate bodily harm or death; or
(2) intentionally inflicts or attempts to inflict bodily
harm upon another.
Subd. 2. [GROSS MISDEMEANOR.] Whoever violates subdivision
1 during the time period between a previous conviction under
this section or sections 609.221 to 609.2231, 609.224, 609.342
to 609.345, or 609.713 against a family or household member as
defined in section 518B.01, subdivision 2, and the end of the
five years following discharge from sentence for that conviction
is guilty of a gross misdemeanor and 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.
Subd. 3. [DOMESTIC ASSAULTS; FIREARMS.] (a) When a person
is convicted of a violation of section 609.221, 609.222,
609.223, 609.224, or 609.2242, the court shall determine and
make written findings on the record as to whether:
(1) the assault was committed against a family or household
member, as defined in section 518B.01, subdivision 2;
(2) the defendant owns or possesses a firearm; and
(3) the firearm was used in any way during the commission
of the assault.
(b) If the court determines that the assault was of a
family or household member, and that the offender owns or
possesses a firearm and used it in any way during the commission
of the assault, it shall order that the firearm be summarily
forfeited under section 609.5316, subdivision 3.
(c) When a person is convicted of assaulting a family or
household member and is determined by the court to have used a
firearm in any way during commission of the assault, the court
may order that the person is prohibited from possessing any type
of firearm for any period longer than three years or for the
remainder of the person's life. A person who violates this
paragraph is guilty of a gross misdemeanor. At the time of the
conviction, the court shall inform the defendant whether and for
how long the defendant is prohibited from possessing a firearm
and that it is a gross misdemeanor to violate this paragraph.
The failure of the court to provide this information to a
defendant does not affect the applicability of the firearm
possession prohibition or the gross misdemeanor penalty to that
defendant.
(d) Except as otherwise provided in paragraph (c), when a
person is convicted of a violation of section 609.224 or
609.2242 and the court determines that the victim was a family
or household member, the court shall inform the defendant that
the defendant is prohibited from possessing a pistol for three
years from the date of conviction and that it is a gross
misdemeanor offense to violate this prohibition. The failure of
the court to provide this information to a defendant does not
affect the applicability of the pistol possession prohibition or
the gross misdemeanor penalty to that defendant.
(e) Except as otherwise provided in paragraph (c), a person
is not entitled to possess a pistol if the person has been
convicted after August 1, 1992, of domestic assault under
609.2242 or assault in the fifth degree under section 609.224
and the assault victim was a family or household member as
defined in section 518B.01, subdivision 2, unless three years
have elapsed from the date of conviction and, during that time,
the person has not been convicted of any other violation of
section 609.224 or 609.2242. Property rights may not be abated
but access may be restricted by the courts. A person who
possesses a pistol in violation of this paragraph is guilty of a
gross misdemeanor.
Subd. 4. [FELONY.] Whoever violates the provisions of
section 609.224, subdivision 1, or 609.2242, against the same
victim during the time period between the first of two or more
previous convictions under this section or sections 609.221 to
609.2231, 609.224, 609.342 to 609.345, or 609.713, and the end
of the five years following discharge from sentence for that
conviction is guilty of a felony and may be sentenced to
imprisonment for not more than five years or payment of a fine
of not more than $10,000, or both.
Sec. 16. Minnesota Statutes 1994, section 609.268,
subdivision 1, is amended to read:
Subdivision 1. [DEATH OF AN UNBORN CHILD.] Whoever, in the
commission of a felony or in a violation of section 609.224,
609.2242, 609.23, or 609.231, causes the death of an unborn
child is guilty of a felony and may be sentenced to imprisonment
for not more than 15 years or to payment of a fine not more than
$30,000, or both. As used in this subdivision, "felony" does
not include a violation of sections 609.185 to 609.21, 609.221
to 609.2231, or 609.2661 to 609.2665.
Sec. 17. Minnesota Statutes 1994, section 609.748,
subdivision 6, is amended to read:
Subd. 6. [VIOLATION OF RESTRAINING ORDER.] (a) When a
temporary restraining order or a restraining order is granted
under this section and the respondent knows of the order,
violation of the order is a misdemeanor. A person is guilty of
a gross misdemeanor who knowingly violates the order during the
time period between a previous conviction under this
subdivision; sections 609.221 to 609.224 609.2242; 518B.01,
subdivision 14; 609.713, subdivisions 1 or 3; or 609.749; and
the end of the five years following discharge from sentence for
that conviction.
(b) A peace officer shall arrest without a warrant and take
into custody a person whom the peace officer has probable cause
to believe has violated an order issued under subdivision 4 or 5
if the existence of the order can be verified by the officer.
(c) A violation of a temporary restraining order or
restraining order shall also constitute contempt of court.
(d) Upon the filing of an affidavit by the petitioner, any
peace officer, or an interested party designated by the court,
alleging that the respondent has violated an order issued under
subdivision 4 or 5, the court may issue an order to the
respondent requiring the respondent to appear within 14 days and
show cause why the respondent should not be held in contempt of
court. The court also shall refer the violation of the order to
the appropriate prosecuting authority for possible prosecution
under paragraph (a).
Sec. 18. Minnesota Statutes 1994, section 609.749,
subdivision 4, is amended to read:
Subd. 4. [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] A
person is guilty of a felony who violates any provision of
subdivision 2 during the time period between a previous
conviction under this section; sections 609.221 to 609.224
609.2242; 518B.01, subdivision 14; 609.748, subdivision 6; or
609.713, subdivision 1 or 3; and the end of the ten years
following discharge from sentence for that conviction.
Sec. 19. Minnesota Statutes 1994, section 609.749,
subdivision 5, is amended to read:
Subd. 5. [PATTERN OF HARASSING CONDUCT.] (a) A person who
engages in a pattern of harassing conduct with respect to a
single victim or one or more members of a single household in a
manner that would cause a reasonable person under the
circumstances to feel terrorized or to fear bodily harm and that
does cause this reaction on the part of the victim, is guilty of
a felony and may be sentenced to imprisonment for not more than
ten years or to payment of a fine of not more than $20,000, or
both.
(b) For purposes of this subdivision, a "pattern of
harassing conduct" means two or more acts within a five-year
period that violate the provisions of any of the following:
(1) this section;
(2) section 609.713;
(3) section 609.224;
(4) section 609.2242;
(5) section 518B.01, subdivision 14;
(5) (6) section 609.748, subdivision 6;
(6) (7) section 609.605, subdivision 1, paragraph (b),
clause (7);
(7) (8) section 609.79; or
(8) (9) section 609.795.
Sec. 20. Minnesota Statutes 1994, section 611A.031, is
amended to read:
611A.031 [VICTIM INPUT REGARDING PRETRIAL DIVERSION.]
A prosecutor shall make every reasonable effort to notify
and seek input from the victim prior to referring a person into
a pretrial diversion program in lieu of prosecution for a
violation of sections 609.185, 609.19, 609.195, 609.20, 609.205,
609.221, 609.222, 609.223, 609.224, 609.2242, 609.24, 609.245,
609.25, 609.255, 609.342, 609.343, 609.344, 609.345, 609.365,
609.498, 609.561, 609.582, subdivision 1, 609.687, 609.713, and
609.749.
Sec. 21. Minnesota Statutes 1994, section 624.713,
subdivision 1, is amended to read:
Subdivision 1. [INELIGIBLE PERSONS.] The following persons
shall not be entitled to possess a pistol or semiautomatic
military-style assault weapon or, except for paragraph (a), any
other firearm:
(a) a person under the age of 18 years except that a person
under 18 may carry or possess a pistol or semiautomatic
military-style assault weapon (i) in the actual presence or
under the direct supervision of the person's parent or guardian,
(ii) for the purpose of military drill under the auspices of a
legally recognized military organization and under competent
supervision, (iii) for the purpose of instruction, competition,
or target practice on a firing range approved by the chief of
police or county sheriff in whose jurisdiction the range is
located and under direct supervision; or (iv) if the person has
successfully completed a course designed to teach marksmanship
and safety with a pistol or semiautomatic military-style assault
weapon and approved by the commissioner of natural resources;
(b) except as otherwise provided in clause (i), a person
who has been convicted of, or adjudicated delinquent or
convicted as an extended jurisdiction juvenile for committing,
in this state or elsewhere, a crime of violence unless ten years
have elapsed since the person has been restored to civil rights
or the sentence or disposition has expired, whichever occurs
first, and during that time the person has not been convicted of
or adjudicated for any other crime of violence. For purposes of
this section, crime of violence includes crimes in other states
or jurisdictions which would have been crimes of violence as
herein defined if they had been committed in this state;
(c) a person who is or has ever been confined in Minnesota
or elsewhere as a "mentally ill," "mentally retarded," or
"mentally ill and dangerous to the public" person as defined in
section 253B.02, to a treatment facility, or who has ever been
found incompetent to stand trial or not guilty by reason of
mental illness, unless the person possesses a certificate of a
medical doctor or psychiatrist licensed in Minnesota, or other
satisfactory proof that the person is no longer suffering from
this disability;
(d) a person who has been convicted in Minnesota or
elsewhere of a misdemeanor or gross misdemeanor violation of
chapter 152, or a person who is or has ever been hospitalized or
committed for treatment for the habitual use of a controlled
substance or marijuana, as defined in sections 152.01 and
152.02, unless the person possesses a certificate of a medical
doctor or psychiatrist licensed in Minnesota, or other
satisfactory proof, that the person has not abused a controlled
substance or marijuana during the previous two years;
(e) a person who has been confined or committed to a
treatment facility in Minnesota or elsewhere as "chemically
dependent" as defined in section 253B.02, unless the person has
completed treatment. Property rights may not be abated but
access may be restricted by the courts;
(f) a peace officer who is informally admitted to a
treatment facility pursuant to section 253B.04 for chemical
dependency, unless the officer possesses a certificate from the
head of the treatment facility discharging or provisionally
discharging the officer from the treatment facility. Property
rights may not be abated but access may be restricted by the
courts;
(g) a person, including a person under the jurisdiction of
the juvenile court, who has been charged with committing a crime
of violence and has been placed in a pretrial diversion program
by the court before disposition, until the person has completed
the diversion program and the charge of committing the crime of
violence has been dismissed;
(h) except as otherwise provided in clause (i), a person
who has been convicted in another state of committing an offense
similar to the offense described in section 609.224, subdivision
3, against a family or household member or section 609.2242,
subdivision 3, unless three years have elapsed since the date of
conviction and, during that time, the person has not been
convicted of any other violation of section 609.224, subdivision
3, or 609.2242, subdivision 3, or a similar law of another
state;
(i) a person who has been convicted in this state or
elsewhere of assaulting a family or household member and who was
found by the court to have used a firearm in any way during
commission of the assault is prohibited from possessing any type
of firearm for the period determined by the sentencing court; or
(j) a person who:
(1) has been convicted in any court of a crime punishable
by imprisonment for a term exceeding one year;
(2) is a fugitive from justice as a result of having fled
from any state to avoid prosecution for a crime or to avoid
giving testimony in any criminal proceeding;
(3) is an unlawful user of any controlled substance as
defined in chapter 152;
(4) has been judicially committed to a treatment facility
in Minnesota or elsewhere as a "mentally ill," "mentally
retarded," or "mentally ill and dangerous to the public" person
as defined in section 253B.02;
(5) is an alien who is illegally or unlawfully in the
United States;
(6) has been discharged from the armed forces of the United
States under dishonorable conditions; or
(7) has renounced the person's citizenship having been a
citizen of the United States.
A person who issues a certificate pursuant to this
subdivision in good faith is not liable for damages resulting or
arising from the actions or misconduct with a firearm committed
by the individual who is the subject of the certificate.
The prohibition in this subdivision relating to the
possession of firearms other than pistols and semiautomatic
military-style assault weapons does not apply retroactively to
persons who are prohibited from possessing a pistol or
semiautomatic military-style assault weapon under this
subdivision before August 1, 1994.
Sec. 22. Minnesota Statutes 1994, section 626.563,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] The definitions in this
subdivision apply to this section.
(a) "Child abuse" means any act which involves a minor
victim and which constitutes a violation of section 609.221,
609.222, 609.223, 609.224, 609.2242, 609.255, 609.342, 609.343,
609.344, 609.345, 609.377, or 609.378.
(b) "Significant relationship" means a relationship as
defined by section 609.341, subdivision 15.
(c) "Child" means a person under the age of 18 who is the
alleged victim of child abuse perpetrated by an adult who has a
significant relationship with the child victim.
Sec. 23. Minnesota Statutes 1994, section 629.471,
subdivision 3, is amended to read:
Subd. 3. [SIX TIMES THE FINE.] For offenses under sections
518B.01 and, 609.224, and 609.2242, the maximum cash bail that
may be required for a person charged with a misdemeanor or gross
misdemeanor violation is six times the highest cash fine that
may be imposed for the offense.
Sec. 24. Minnesota Statutes 1994, section 629.74, is
amended to read:
629.74 [PRETRIAL BAIL EVALUATION.]
The local corrections department or its designee shall
conduct a pretrial bail evaluation of each defendant arrested
and detained for committing a crime of violence as defined in
section 624.712, subdivision 5, a gross misdemeanor violation of
section 609.224 or 609.2242, or a nonfelony violation of section
518B.01, 609.2231, 609.3451, 609.748, or 609.749. In cases
where the defendant requests appointed counsel, the evaluation
shall include completion of the financial statement required by
section 611.17. The local corrections department shall be
reimbursed $25 by the department of corrections for each
evaluation performed. The conference of chief judges, in
consultation with the department of corrections, shall approve
the pretrial evaluation form to be used in each county.
Sec. 25. Minnesota Statutes 1994, section 630.36,
subdivision 2, is amended to read:
Subd. 2. [CHILD ABUSE DEFINED.] As used in subdivision 1,
"child abuse" means any act which involves a minor victim and
which constitutes a violation of section 609.221, 609.222,
609.223, 609.2231, 609.2242, 609.255, 609.321, 609.322, 609.323,
609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 609.378,
617.246, or 609.224 if the minor victim is a family or household
member of the defendant.
Sec. 26. Minnesota Statutes 1994, section 631.046,
subdivision 1, is amended to read:
Subdivision 1. [CHILD ABUSE AND VIOLENT CRIME CASES.]
Notwithstanding any other law, a prosecuting witness under 18
years of age in a case involving child abuse as defined in
section 630.36, subdivision 2, a crime of violence, as defined
in section 624.712, subdivision 5, or an assault under section
609.224 or 609.2242, may choose to have in attendance or be
accompanied by a parent, guardian, or other supportive person,
whether or not a witness, at the omnibus hearing or at the
trial, during testimony of the prosecuting witness. If the
person so chosen is also a prosecuting witness, the prosecution
shall present on noticed motion, evidence that the person's
attendance is both desired by the prosecuting witness for
support and will be helpful to the prosecuting witness. Upon
that showing the court shall grant the request unless
information presented by the defendant or noticed by the court
establishes that the support person's attendance during the
testimony of the prosecuting witness would pose a substantial
risk of influencing or affecting the content of that testimony.
Sec. 27. [EFFECTIVE DATE.]
Sections 1 to 26, are effective August 1, 1995, and apply
to prosecutions commenced on or after that date.
ARTICLE 4
CHILD ABUSE VICTIM VIDEOTAPES
Section 1. Minnesota Statutes 1994, 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 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 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. 2. [13.391] [VIDEOTAPES OF CHILD ABUSE VICTIMS.]
(a) Notwithstanding section 13.04, subdivision 3, an
individual subject of data may not obtain a copy of a videotape
in which a child victim or alleged victim is alleging,
explaining, denying, or describing an act of physical or sexual
abuse without a court order under section 13.03, subdivision 6,
or 611A.90. The definitions of physical abuse and sexual abuse
in section 626.556, subdivision 2, apply to this section, except
that abuse is not limited to acts by a person responsible for
the child's care or in a significant relationship with the child
or position of authority.
(b) This section does not limit other rights of access to
data by an individual under section 13.04, subdivision 3, other
than the right to obtain a copy of the videotape, nor limit
rights of access pursuant to discovery in a court proceeding.
Sec. 3. Minnesota Statutes 1994, section 13.82,
subdivision 6, is amended to read:
Subd. 6. [ACCESS TO DATA FOR CRIME VICTIMS.] On receipt of
a written request, the prosecuting authority shall release
investigative data collected by a law enforcement agency to the
victim of a criminal act or alleged criminal act or to the
victim's legal representative unless the release to the
individual subject of the data would be prohibited under section
13.391 or the prosecuting authority reasonably believes:
(a) that the release of that data will interfere with the
investigation; or
(b) that the request is prompted by a desire on the part of
the requester to engage in unlawful activities.
Sec. 4. Minnesota Statutes 1994, section 13.99, is amended
by adding a subdivision to read:
Subd. 110. [CHILD ABUSE VIDEO TAPES.] Access to child
abuse video tapes prepared as part of an investigation or
evaluation is governed by sections 13.391 and 611A.90.
Sec. 5. Minnesota Statutes 1994, section 144.335,
subdivision 2, is amended to read:
Subd. 2. [PATIENT ACCESS.] (a) Upon request, a provider
shall supply to a patient complete and current information
possessed by that provider concerning any diagnosis, treatment
and prognosis of the patient in terms and language the patient
can reasonably be expected to understand.
(b) Except as provided in paragraph (e), upon a patient's
written request, a provider, at a reasonable cost to the
patient, shall promptly furnish to the patient (1) copies of the
patient's health record, including but not limited to laboratory
reports, X-rays, prescriptions, and other technical information
used in assessing the patient's health condition, or (2) the
pertinent portion of the record relating to a condition
specified by the patient. With the consent of the patient, the
provider may instead furnish only a summary of the record. The
provider may exclude from the health record written speculations
about the patient's health condition, except that all
information necessary for the patient's informed consent must be
provided.
(c) If a provider, as defined in subdivision 1, clause
(b)(1), reasonably determines that the information is
detrimental to the physical or mental health of the patient, or
is likely to cause the patient to inflict self harm, or to harm
another, the provider may withhold the information from the
patient and may supply the information to an appropriate third
party or to another provider, as defined in subdivision 1,
clause (b)(1). The other provider or third party may release
the information to the patient.
(d) A provider as defined in subdivision 1, clause (b)(3),
shall release information upon written request unless, prior to
the request, a provider as defined in subdivision 1, clause
(b)(1), has designated and described a specific basis for
withholding the information as authorized by paragraph (c).
(e) A provider may not release a copy of a videotape of a
child victim or alleged victim of physical or sexual abuse
without a court order under section 13.03, subdivision 6, or as
provided in section 611A.90. This paragraph does not limit the
right of a patient to view the videotape.
Sec. 6. [611A.90] [RELEASE OF VIDEOTAPES OF CHILD ABUSE
VICTIMS.]
Subdivision 1. [DEFINITION.] For purposes of this section,
"physical abuse" and "sexual abuse" have the meanings given in
section 626.556, subdivision 2, except that abuse is not limited
to acts by a person responsible for the child's care or in a
significant relationship with the child or position of authority.
Subd. 2. [COURT ORDER REQUIRED.] (a) A custodian of a
videotape of a child victim or alleged victim alleging,
explaining, denying, or describing an act of physical or sexual
abuse as part of an investigation or evaluation of the abuse may
not release a copy of the videotape without a court order,
notwithstanding that the subject has consented to the release of
the videotape or that the release is authorized under law.
(b) The court order may govern the purposes for which the
videotape may be used, reproduction, release to other persons,
retention and return of copies, and other requirements
reasonably necessary for protection of the privacy and best
interests of the child.
Subd. 3. [PETITION.] An individual subject of data, as
defined in section 13.02, or a patient, as defined in section
144.335, who is seeking a copy of a videotape governed by this
section may petition the district court in the county where the
alleged abuse took place or where the custodian of the videotape
resides for an order releasing a copy of the videotape under
subdivision 2. Nothing in this section establishes a right to
obtain access to a videotape by any other person nor limits a
right of a person to obtain access if access is otherwise
authorized by law or pursuant to discovery in a court proceeding.
ARTICLE 5
INDEX OF CLASSIFICATIONS OUTSIDE OF CHAPTER 13
Section 1. Minnesota Statutes 1994, section 13.99,
subdivision 1, is amended to read:
Subdivision 1. [PROVISIONS CODED IN OTHER CHAPTERS.] The
laws enumerated in this section are codified outside of this
chapter and classify government data as other than public or
place restrictions on access to government data. Except for
records of the judiciary, the definitions and general provisions
in sections 13.01 to 13.07 and the remedies and penalties
provided in sections 13.08 and 13.09 also apply to data and
records listed in this section and to other provisions of
statute that provide access to government data and records or
rights regarding government data similar to those established by
section 13.04.
Sec. 2. Minnesota Statutes 1994, section 13.99, is amended
by adding a subdivision to read:
Subd. 5a. [ETHICAL PRACTICES BOARD OPINIONS.] A request
for an ethical practices board advisory opinion and the opinion
itself are classified under section 10A.02, subdivision 12.
Sec. 3. Minnesota Statutes 1994, section 13.99, is amended
by adding a subdivision to read:
Subd. 6d. [AGRICULTURAL COMMODITY HANDLERS.] Access to
data filed with the commissioner of agriculture by agricultural
commodity handlers is governed by section 17.694, subdivision 1.
Sec. 4. Minnesota Statutes 1994, section 13.99, is amended
by adding a subdivision to read:
Subd. 11a. [CERTAIN DATA RECEIVED BY COMMISSIONER OF
COMMERCE.] Certain data received because of the participation of
the commissioner of commerce in various organizations are
classified under section 45.012.
Sec. 5. Minnesota Statutes 1994, section 13.99, is amended
by adding a subdivision to read:
Subd. 11b. [BANK INCORPORATORS DATA.] Financial data on
individuals submitted by incorporators proposing to organize a
bank are classified under section 46.041, subdivision 1.
Sec. 6. Minnesota Statutes 1994, section 13.99,
subdivision 12, is amended to read:
Subd. 12. [COMMERCE DEPARTMENT DATA ON FINANCIAL
INSTITUTIONS.] The disclosure by the commissioner of commerce of
facts and information obtained in the course of examining
financial institutions and in relation to complaints filed with
the commissioner is governed by section 46.07, subdivision
subdivisions 2 and 3.
Sec. 7. Minnesota Statutes 1994, section 13.99, is amended
by adding a subdivision to read:
Subd. 12a. [ELECTRONIC FINANCIAL TERMINAL DATA.]
Information obtained by the commissioner of commerce in the
course of verifying electronic financial terminal equipment is
classified under section 47.66.
Sec. 8. Minnesota Statutes 1994, section 13.99, is amended
by adding a subdivision to read:
Subd. 14a. [SURPLUS LINES INSURER DATA.] Reports and
recommendations on the financial condition of eligible surplus
lines insurers submitted to the commissioner of commerce are
classified under section 60A.208, subdivision 7.
Sec. 9. Minnesota Statutes 1994, section 13.99, is amended
by adding a subdivision to read:
Subd. 17b. [INSURER FINANCIAL CONDITION DATA.]
Recommendations on the financial condition of an insurer
submitted to the commissioner of commerce by the insurance
guaranty association are classified under section 60C.15.
Sec. 10. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 18a. [INSURER SUPERVISION DATA.] Data on insurers
supervised by the commissioner of commerce under chapter 60G are
classified under section 60G.03, subdivision 1.
Sec. 11. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 18b. [INSURANCE AGENT TERMINATION.] Access to data
on insurance agent terminations held by the commissioner of
commerce is governed by section 60K.10.
Sec. 12. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 18c. [ASSOCIATION DATA.] Certain data submitted to
the commissioner of commerce by a life and health guaranty
association are classified under section 61B.28, subdivision 2.
Sec. 13. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 18d. [SOLICITOR OR AGENT DATA.] Data relating to
suspension or revocation of a solicitor's or agent's license are
classified under section 62C.17, subdivision 4.
Sec. 14. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 19f. [LEGAL SERVICE PLAN SOLICITOR OR AGENT
DATA.] Information contained in a request by a legal service
plan for termination of a solicitor's or agent's license is
classified under section 62G.20, subdivision 3.
Sec. 15. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 19g. [ANTITRUST EXEMPTION.] Trade secret data
submitted in an application for exemption from antitrust laws by
health care entities are classified under section 62J.2914,
subdivision 5.
Sec. 16. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 19h. [HEALTH CARE COST CONTAINMENT.] Data required
to be submitted under health care cost containment provisions
are classified by sections 62J.35, subdivision 3, and 62J.45,
subdivision 4a.
Sec. 17. Minnesota Statutes 1994, section 13.99,
subdivision 20, is amended to read:
Subd. 20. [AUTO THEFT DATA.] The sharing of data on auto
thefts between law enforcement and prosecutors and insurers is
governed by section 65B.81 65B.82.
Sec. 18. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 20a. [INSURANCE CONTRACT DATA.] Certain insurance
contract data held by the commissioner of commerce are
classified under section 72A.20, subdivision 15.
Sec. 19. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 20b. [HEALTH CLAIMS APPEALS.] Documents that are
part of an appeal from denial of health care coverage for
experimental treatment are classified under section 72A.327.
Sec. 20. Minnesota Statutes 1994, section 13.99,
subdivision 21a, is amended to read:
Subd. 21a. [MINERAL DEPOSIT EVALUATION DATA.] Data
submitted in applying for a permit for mineral deposit
evaluation and as a result of exploration are classified under
section 103I.605, subdivision subdivisions 2 and 4.
Sec. 21. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 21d. [WASTE MANAGEMENT HAULER DATA.] Data on waste
management haulers inspected under section 115A.47 are
classified under section 115A.47, subdivision 5.
Sec. 22. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 24a. [VOLUNTARY BUY-OUT DATA.] Data obtained by the
commissioner of commerce from insurers under the voluntary
buy-out law are classified under section 115B.46, subdivision 6.
Sec. 23. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 24b. [PETROLEUM TANK RELEASE.] Certain data in
connection with a petroleum tank release are classified under
section 115C.03, subdivision 8.
Sec. 24. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 24c. [TOXIC POLLUTION PREVENTION PLANS.] Toxic
pollution prevention plans are classified under section 115D.09.
Sec. 25. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 27e. [DEVELOPMENTAL SCREENING.] Data collected in
early childhood developmental screening programs are classified
under section 123.704.
Sec. 26. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 27f. [TEACHER LICENSE REPORTING.] Data on certain
teacher discharges and resignations reported under section
125.09 are classified under that section.
Sec. 27. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 28a. [HIGHER EDUCATION COORDINATING BOARD.]
Financial records submitted by schools registering with the
higher education coordinating board are classified under section
136A.64.
Sec. 28. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 29b. [PUBLIC HEALTH STUDIES.] Data held by the
commissioner of health in connection with public health studies
are classified under section 144.053.
Sec. 29. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 29c. [RURAL HOSPITAL GRANTS.] Financial data on
individual hospitals under the rural hospital grant program are
classified under section 144.147, subdivision 5.
Sec. 30. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 35c. [TRAUMATIC INJURY DATA.] Data on individuals
with a brain or spinal injury collected by the commissioner of
health are classified under section 144.665.
Sec. 31. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 38b. [LEAD EXPOSURE DATA.] Data on individuals
exposed to lead in their residences are classified under section
144.874, subdivision 1.
Sec. 32. Minnesota Statutes 1994, section 13.99,
subdivision 42a, is amended to read:
Subd. 42a. [PHYSICIAN HEALTH DATA BOARD OF MEDICAL
PRACTICE.] Physician health data obtained by the licensing board
in connection with a disciplinary action are classified under
section 147.091, subdivision 6 Data held by the board of medical
practice in connection with disciplinary matters are classified
under sections 147.01, subdivision 4, and 147.091, subdivision 6.
Sec. 33. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 52b. [UNLICENSED MENTAL HEALTH PRACTITIONERS.]
Certain data in connection with the investigation of an
unlicensed mental health practitioner are classified under
section 148B.66, subdivision 2.
Sec. 34. Minnesota Statutes 1994, section 13.99,
subdivision 54, is amended to read:
Subd. 54. [MOTOR VEHICLE REGISTRATION.] The residence
address of certain individuals provided to the commissioner of
public safety for Various data on motor vehicle registrations is
are classified under section sections 168.345 and 168.346.
Sec. 35. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 54b. [DRIVERS' LICENSE CANCELLATIONS.] Access to
data on individuals whose driver's licenses have been canceled
is governed by section 171.043.
Sec. 36. Minnesota Statutes 1994, section 13.99,
subdivision 55, is amended to read:
Subd. 55. [DRIVERS' LICENSE PHOTOGRAPHS AND IMAGES.]
Photographs or electronically produced images taken by the
commissioner of public safety for drivers' licenses are
classified under section 171.07, subdivision 1a.
Sec. 37. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 56a. [DRIVERS' LICENSE CANCELLATION DUE TO
BLINDNESS.] Data on a visual examination performed for purposes
of drivers' license cancellation are classified under section
171.32, subdivision 3.
Sec. 38. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 58b. [WORKERS' COMPENSATION COVERAGE.] Access to the
identity of anyone reporting that an employer may not have
workers' compensation insurance is governed by section 176.184,
subdivision 5.
Sec. 39. Minnesota Statutes 1994, section 13.99,
subdivision 64, is amended to read:
Subd. 64. [HEALTH LICENSING BOARDS.] Data received held by
health licensing boards from the commissioner of human services
are classified under section sections 214.10, subdivision 8, and
214.25, subdivision 1.
Sec. 40. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 64a. [COMBINED BOARDS DATA.] Data held by licensing
boards participating in a health professional services program
are classified under sections 214.34 and 214.35.
Sec. 41. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 74c. [OMBUDSMAN ON AGING.] Data held by the
ombudsman on aging are classified under section 256.9744.
Sec. 42. Minnesota Statutes 1994, section 13.99,
subdivision 78, is amended to read:
Subd. 78. [ADOPTEE'S ORIGINAL BIRTH CERTIFICATE ADOPTION
RECORDS.] Various adoption records are classified under section
259.53, subdivision 1. Access to the original birth certificate
of a person who has been adopted is governed by section 259.89.
Sec. 43. Minnesota Statutes 1994, section 13.99,
subdivision 79, is amended to read:
Subd. 79. [PEACE OFFICERS, COURT SERVICES, AND CORRECTIONS
RECORDS OF JUVENILES.] Inspection and maintenance of juvenile
records held by police and the commissioner of corrections are
governed by section 260.161, subdivision 3. and disclosure to
school officials of court services data on juveniles adjudicated
delinquent is are governed by section 260.161, subdivision 1b.
Sec. 44. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 81b. [MINNESOTA YOUTH PROGRAM.] Data on individuals
under the Minnesota youth program are classified under section
268.561, subdivision 7.
Sec. 45. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 90a. [CRIMINAL JUSTICE INFORMATION NETWORK.] Data
collected by the criminal justice data communications network
are classified under section 299C.46, subdivision 5.
Sec. 46. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 92e. [PROFESSIONAL CORPORATIONS.] Access to records
of a professional corporation held by a licensing board under
section 319A.17 is governed by that section.
Sec. 47. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 92f. [PRIVATE DETECTIVE LICENSE.] Certain data on
applicants for licensure as private detectives are classified
under section 326.3382, subdivision 3.
Sec. 48. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 98a. [ARENA ACQUISITION.] Certain data in connection
with a decision whether to acquire a sports arena are classified
under section 473.598, subdivision 4.
Sec. 49. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 98b. [METROPOLITAN AIRPORTS COMMISSION.] Certain
airline data submitted to the metropolitan airports commission
in connection with the issuance of revenue bonds are classified
under section 473.6671, subdivision 3.
Sec. 50. Minnesota Statutes 1994, section 13.99,
subdivision 112, is amended to read:
Subd. 112. [CHILD ABUSE REPORT RECORDS.] Data contained in
child abuse report records are classified under section 626.556,
subdivisions 11 and 11b.
Sec. 51. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 113a. [CHILD PROTECTION TEAM.] Data acquired by a
case consultation committee or subcommittee of a child
protection team are classified by section 626.558, subdivision 3.
Presented to the governor May 30, 1995
Signed by the governor June 1, 1995, 11:44 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes