JOURNAL OF THE HOUSE - 96th Day
JOURNAL OF THE HOUSE - 96th Day - Top of Page
8177
Saint Paul, Minnesota, Tuesday, March 12, 1996
On this day in 1927, Minnesota's Upper Mississippi and St. Croix River Improvement Commission formally called on Congress to establish a nine-foot deep shipping channel. The channel, including several locks and dams in Minnesota, was built in the 1930s and 1940s.
The House of Representatives convened at 10:30 a.m. and was called to order by Irv Anderson, Speaker of the House.
Prayer was offered by the Reverend Peg Chemberlin, Executive Director, Minnesota Council of Churches, Minneapolis, Minnesota.
The roll was called and the following members were present:
Abrams Farrell Knight Ness Skoglund Anderson, B. Finseth Knoblach Olson, E. Smith Anderson, R. Frerichs Koppendrayer Olson, M. Solberg Bakk Garcia Kraus Onnen Stanek Bertram Girard Krinkie Opatz Sviggum Bettermann Goodno Larsen Orenstein Swenson, D. Bishop Greenfield Leighton Orfield Sykora Boudreau Greiling Leppik Osskopp Tomassoni Bradley Gunther Lieder Osthoff Tompkins Broecker Haas Lindner Ostrom Trimble Brown Hackbarth Long Otremba Tuma Carlson, L. Harder Lourey Ozment Tunheim Carlson, S. Hasskamp Luther Paulsen Van Dellen Carruthers Hausman Lynch Pawlenty Van Engen Clark Holsten Macklin Pellow Vickerman Commers Huntley Mahon Pelowski Wagenius Cooper Jaros Mares Perlt Warkentin Daggett Jefferson Mariani Peterson Weaver Dauner Jennings Marko Pugh Wejcman Davids Johnson, A. McCollum Rest Wenzel Dawkins Johnson, R. McElroy Rhodes Winter Dehler Johnson, V. McGuire Rice Wolf Delmont Kahn Milbert Rostberg Worke Dempsey Kalis Molnau Rukavina Workman Dorn Kelley Mulder Sarna Sp.Anderson,I Entenza Kelso Munger Schumacher Erhardt Kinkel Murphy SeagrenA quorum was present.
Swenson, H., was excused.
The Chief Clerk proceeded to read the Journal of the preceding day. Johnson, R., moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
S. F. No. 2319 and H. F. No. 2229, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Cooper moved that the rules be so far suspended that S. F. No. 2319 be substituted for H. F. No. 2229 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2517 and H. F. No. 2829, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Kinkel moved that the rules be so far suspended that S. F. No. 2517 be substituted for H. F. No. 2829 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2571 and H. F. No. 2780, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Carlson, L., moved that S. F. No. 2571 be substituted for H. F. No. 2780 and that the House File be indefinitely postponed. The motion prevailed.
Carruthers from the Committee on Rules and Legislative Administration to which was referred:
H. F. No. 2562, A bill for an act relating to economic development; requiring some businesses with state or local financial assistance to pay at least a poverty level wage; proposing coding for new law in Minnesota Statutes, chapter 177.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means without further recommendation.
The report was adopted.
Munger from the Committee on Environment and Natural Resources to which was referred:
H. F. No. 3236, A bill for an act relating to public utilities; modifying provisions relating to dry cask storage of nuclear waste; exempting certain property from taxation; appropriating money; amending Minnesota Statutes 1994, section 116C.771; Minnesota Statutes 1995 Supplement, section 272.02, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 116C; repealing Minnesota Statutes 1994, section 116C.80.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 116C.771, is amended to read:
116C.771 [ADDITIONAL CASK LIMITATIONS.]
(a) Five casks may be filled and used at Prairie Island on May 11, 1994.
(b) An additional four casks may be filled and used at Prairie
Island if the environmental quality board determines that, by
December 31, 1996, the public utility operating the Prairie
Island plant has filed a license application with the United
States Nuclear Regulatory Commission for a spent nuclear fuel
storage facility off of Prairie Island in Goodhue county, is
continuing to make a good faith effort to implement the site, and
has constructed, contracted for construction and operation,
or purchased installed capacity of 100 megawatts of wind power in
addition to wind power under construction or contract on the
effective date of this section.
(c)(1) An additional eight casks may be filled and
placed at Prairie Island if the legislature has not revoked
the authorization under clause (2) or the public utility has
satisfied the wind power and biomass mandate requirements in
sections 216B.2423, subdivision 1, clause (1), and 216B.2424,
clause (1), and the alternative site in Goodhue county is
operational or under construction. (2) If the site is not under
construction or operational or the. If these wind
and biomass mandates are not satisfied, the legislature
may revoke the authorization for the additional eight casks by a
law enacted prior to June 1, 1999.
(d) Except as provided under paragraph (e), dry cask storage capacity for high-level nuclear waste within the state may not be increased beyond the casks authorized by section 116C.77 or their equivalent storage capacity.
(e) This section does not prohibit a public utility from applying for or the public utilities commission from granting a certificate of need for dry cask storage to accommodate the decommissioning of a nuclear power plant within this state.
Sec. 2. Minnesota Statutes 1995 Supplement, section 272.02, subdivision 1, is amended to read:
Subdivision 1. All property described in this section to the extent herein limited shall be exempt from taxation:
(1) All public burying grounds.
(2) All public schoolhouses.
(3) All public hospitals.
(4) All academies, colleges, and universities, and all seminaries of learning.
(5) All churches, church property, and houses of worship.
(6) Institutions of purely public charity except parcels of property containing structures and the structures described in section 273.13, subdivision 25, paragraph (c), clauses (1), (2), and (3), or paragraph (d), other than those that qualify for exemption under clause (25).
(7) All public property exclusively used for any public purpose.
(8) Except for the taxable personal property enumerated below, all personal property and the property described in section 272.03, subdivision 1, paragraphs (c) and (d), shall be exempt.
The following personal property shall be taxable:
(a) personal property which is part of an electric generating, transmission, or distribution system or a pipeline system transporting or distributing water, gas, crude oil, or petroleum products or mains and pipes used in the distribution of steam or hot or chilled water for heating or cooling buildings and structures;
(b) railroad docks and wharves which are part of the operating property of a railroad company as defined in section 270.80;
(c) personal property defined in section 272.03, subdivision 2, clause (3);
(d) leasehold or other personal property interests which are taxed pursuant to section 272.01, subdivision 2; 273.124, subdivision 7; or 273.19, subdivision 1; or any other law providing the property is taxable as if the lessee or user were the fee owner;
(e) manufactured homes and sectional structures, including storage sheds, decks, and similar removable improvements constructed on the site of a manufactured home, sectional structure, park trailer or travel trailer as provided in section 273.125, subdivision 8, paragraph (f); and
(f) flight property as defined in section 270.071.
(9) Personal property used primarily for the abatement and control of air, water, or land pollution to the extent that it is so used, and real property which is used primarily for abatement and control of air, water, or land pollution as part of an agricultural operation, as a part of a centralized treatment and recovery facility operating under a permit issued by the Minnesota pollution control agency pursuant to chapters 115 and 116 and Minnesota Rules, parts 7001.0500 to 7001.0730, and 7045.0020 to 7045.1260, as a wastewater treatment facility and for the treatment, recovery, and stabilization of metals, oils, chemicals, water, sludges, or inorganic materials from hazardous industrial wastes, or as part of an electric generation system. For purposes of this clause, personal property includes ponderous machinery and equipment used in a business or production activity that at common law is considered real property.
Any taxpayer requesting exemption of all or a portion of any real property or any equipment or device, or part thereof, operated primarily for the control or abatement of air or water pollution shall file an application with the commissioner of revenue. The equipment or device shall meet standards, rules, or criteria prescribed by the Minnesota pollution control agency, and must be installed or operated in accordance with a permit or order issued by that agency. The Minnesota pollution control agency shall upon request of the commissioner furnish information or advice to the commissioner. On determining that property qualifies for exemption, the commissioner shall issue an order exempting the property from taxation. The equipment or device shall continue to be exempt from taxation as long as the permit issued by the Minnesota pollution control agency remains in effect.
(10) Wetlands. For purposes of this subdivision, "wetlands" means: (i) land described in section 103G.005, subdivision 18; (ii) land which is mostly under water, produces little if any income, and has no use except for wildlife or water conservation purposes, provided it is preserved in its natural condition and drainage of it would be legal, feasible, and economically practical for the production of livestock, dairy animals, poultry, fruit, vegetables, forage and grains, except wild rice; or (iii) land in a wetland preservation area under sections 103F.612 to 103F.616. "Wetlands" under items (i) and (ii) include adjacent land which is not suitable for agricultural purposes due to the presence of the wetlands, but do not include woody swamps containing shrubs or trees, wet meadows, meandered water, streams, rivers, and floodplains or river bottoms. Exemption of wetlands from taxation pursuant to this section shall not grant the public any additional or greater right of access to the wetlands or diminish any right of ownership to the wetlands.
(11) Native prairie. The commissioner of the department of natural resources shall determine lands in the state which are native prairie and shall notify the county assessor of each county in which the lands are located. Pasture land used for livestock grazing purposes shall not be considered native prairie for the purposes of this clause. Upon receipt of an application for the exemption provided in this clause for lands for which the assessor has no determination from the commissioner of natural resources, the assessor shall refer the application to the commissioner of natural resources who shall determine within 30 days whether the land is native prairie and notify the county assessor of the decision. Exemption of native prairie pursuant to this clause shall not grant the public any additional or greater right of access to the native prairie or diminish any right of ownership to it.
(12) Property used in a continuous program to provide emergency shelter for victims of domestic abuse, provided the organization that owns and sponsors the shelter is exempt from federal income taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, as amended through December 31, 1992, notwithstanding the fact that the sponsoring organization receives funding under section 8 of the United States Housing Act of 1937, as amended.
(13) If approved by the governing body of the municipality in which the property is located, property not exceeding one acre which is owned and operated by any senior citizen group or association of groups that in general limits membership to persons age 55 or older and is organized and operated exclusively for pleasure, recreation, and other nonprofit purposes, no part of the net earnings of which inures to the benefit of any private shareholders; provided the property is used primarily as a clubhouse, meeting facility, or recreational facility by the group or association and the property is not used for residential purposes on either a temporary or permanent basis.
(14) To the extent provided by section 295.44, real and personal property used or to be used primarily for the production of hydroelectric or hydromechanical power on a site owned by the state or a local governmental unit which is developed and operated pursuant to the provisions of section 103G.535.
(15) If approved by the governing body of the municipality in which the property is located, and if construction is commenced after June 30, 1983:
(a) a "direct satellite broadcasting facility" operated by a corporation licensed by the federal communications commission to provide direct satellite broadcasting services using direct broadcast satellites operating in the 12-ghz. band; and
(b) a "fixed satellite regional or national program service facility" operated by a corporation licensed by the federal communications commission to provide fixed satellite-transmitted regularly scheduled broadcasting services using satellites operating in the 6-ghz. band.
An exemption provided by clause (15) shall apply for a period not to exceed five years. When the facility no longer qualifies for exemption, it shall be placed on the assessment rolls as provided in subdivision 4. Before approving a tax exemption pursuant to this paragraph, the governing body of the municipality shall provide an opportunity to the members of the county board of commissioners of the county in which the facility is proposed to be located and the members of the school board of the school district in which the facility is proposed to be located to meet with the governing body. The governing body shall present to the members of those boards its estimate of the fiscal impact of the proposed property tax exemption. The tax exemption shall not be approved by the governing body until the county board of commissioners has presented its written comment on the proposal to the governing body or 30 days have passed from the date of the transmittal by the governing body to the board of the information on the fiscal impact, whichever occurs first.
(16) Real and personal property owned and operated by a private, nonprofit corporation exempt from federal income taxation pursuant to United States Code, title 26, section 501(c)(3), primarily used in the generation and distribution of hot water for heating buildings and structures.
(17) Notwithstanding section 273.19, state lands that are leased from the department of natural resources under section 92.46.
(18) Electric power distribution lines and their attachments and appurtenances, that are used primarily for supplying electricity to farmers at retail.
(19) Transitional housing facilities. "Transitional housing facility" means a facility that meets the following requirements. (i) It provides temporary housing to individuals, couples, or families. (ii) It has the purpose of reuniting families and enabling parents or individuals to obtain self-sufficiency, advance their education, get job training, or become employed in jobs that provide a living wage. (iii) It provides support services such as child care, work readiness training, and career development counseling; and a self-sufficiency program with periodic monitoring of each resident's progress in completing the program's goals. (iv) It provides services to a resident of the facility for at least three months but no longer than three years, except residents enrolled in an educational or vocational institution or job training program. These residents may receive services during the time they are enrolled but in no event longer than four years. (v) It is owned and operated or under lease from a unit of government or governmental agency under a property disposition program and operated by one or more organizations exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986, as amended through December 31, 1992. This exemption applies notwithstanding the fact that the sponsoring organization receives financing by a direct federal loan or federally insured loan or a loan made by the Minnesota housing finance agency under the provisions of either Title II of the National Housing Act or the Minnesota housing finance agency law of 1971 or rules promulgated by the agency pursuant to it, and notwithstanding the fact that the sponsoring organization receives funding under Section 8 of the United States Housing Act of 1937, as amended.
(20) Real and personal property, including leasehold or other personal property interests, owned and operated by a corporation if more than 50 percent of the total voting power of the stock of the corporation is owned collectively by: (i) the board of regents of the University of Minnesota, (ii) the University of Minnesota Foundation, an organization exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code of 1986, as amended through December 31, 1992, and (iii) a corporation organized under chapter 317A, which by its articles of incorporation is prohibited from providing pecuniary gain to any person or entity other than the regents of the University of Minnesota; which property is used primarily to manage or provide goods, services, or facilities utilizing or relating to large-scale advanced scientific computing resources to the regents of the University of Minnesota and others.
(21)(a) Wind energy conversion systems, as defined in section 216C.06, subdivision 12, installed after January 1, 1991, and before January 2, 1995, and used as an electric power source, are exempt.
(b) Wind energy conversion systems, as defined in section 216C.06, subdivision 12, installed after January 1, 1995, including the foundation or support pad, which are (i) used as an electric power source; (ii) located within one county and owned by the same owner; and (iii) produce two megawatts or less of electricity as measured by nameplate ratings, are exempt.
(c) Wind energy conversion systems, as defined in section 216C.06, subdivision 12, installed after January 1, 1995, and used as an electric power source but not exempt under item (b), are treated as follows: (i) the foundation and support pad are taxable; (ii) the associated supporting and protective structures are exempt for the first five assessment years after they have been constructed, and thereafter, 30 percent of the market value of the associated supporting and protective structures are taxable; and (iii) the turbines, blades, transformers, and its related equipment, are exempt.
(22) Containment tanks, cache basins, and that portion of the structure needed for the containment facility used to confine agricultural chemicals as defined in section 18D.01, subdivision 3, as required by the commissioner of agriculture under chapter 18B or 18C.
(23) Photovoltaic devices, as defined in section 216C.06, subdivision 13, installed after January 1, 1992, and used to produce or store electric power.
(24) Real and personal property owned and operated by a private, nonprofit corporation exempt from federal income taxation pursuant to United States Code, title 26, section 501(c)(3), primarily used for an ice arena or ice rink, and used primarily for youth and high school programs.
(25) A structure that is situated on real property that is used for:
(i) housing for the elderly or for low- and moderate-income families as defined in Title II of the National Housing Act, as amended through December 31, 1990, and funded by a direct federal loan or federally insured loan made pursuant to Title II of the act; or
(ii) housing lower income families or elderly or handicapped persons, as defined in Section 8 of the United States Housing Act of 1937, as amended.
In order for a structure to be exempt under (i) or (ii), it must also meet each of the following criteria:
(A) is owned by an entity which is operated as a nonprofit corporation organized under chapter 317A;
(B) is owned by an entity which has not entered into a housing assistance payments contract under Section 8 of the United States Housing Act of 1937, or, if the entity which owns the structure has entered into a housing assistance payments contract under Section 8 of the United States Housing Act of 1937, the contract provides assistance for less than 90 percent of the dwelling units in the structure, excluding dwelling units intended for management or maintenance personnel;
(C) operates an on-site congregate dining program in which participation by residents is mandatory, and provides assisted living or similar social and physical support services for residents; and
(D) was not assessed and did not pay tax under chapter 273 prior to the 1991 levy, while meeting the other conditions of this clause.
An exemption under this clause remains in effect for taxes levied in each year or partial year of the term of its permanent financing.
(26) Real and personal property that is located in the Superior National Forest, and owned or leased and operated by a nonprofit organization that is exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code of 1986, as amended through December 31, 1992, and primarily used to provide recreational opportunities for disabled veterans and their families.
(27) Manure pits and appurtenances, which may include slatted floors and pipes, installed or operated in accordance with a permit, order, or certificate of compliance issued by the Minnesota pollution control agency. The exemption shall continue for as long as the permit, order, or certificate issued by the Minnesota pollution control agency remains in effect.
(28) Notwithstanding clause (8), item (a), attached machinery and other personal property which is part of a facility containing a cogeneration system as described in section 216B.166, subdivision 2, paragraph (a), if the cogeneration system has met the following criteria: (i) the system utilizes natural gas as a primary fuel and the cogenerated steam initially replaces steam generated from existing thermal boilers utilizing coal; (ii) the facility developer is selected as a result of a procurement process ordered by the public utilities commission; and (iii) construction of the facility is commenced after July 1, 1994, and before July 1, 1997.
(29) Real property acquired by a home rule charter city, statutory city, county, town, or school district under a lease purchase agreement or an installment purchase contract during the term of the lease purchase agreement as long as and to the extent that the property is used by the city, county, town, or school district and devoted to a public use and to the extent it is not subleased to any private individual, entity, association, or corporation in connection with a business or enterprise operated for profit.
(30) Real and personal property used for the dry cask storage of spent nuclear fuel from a nuclear electric generating plant having two or more reactors provided the property is located at the site of the plant.
Sec. 3. [CONTRACTUAL OBLIGATION.]
The state releases the public utility operating the Prairie Island nuclear plant from its contractual obligation under Minnesota Statutes 1994, section 116C.773, to site, construct, and operate an alternate site within Goodhue county for the storage of spent nuclear fuel.
Sec. 4. [LAND TRANSFER; TRUST STATUS; TRIBAL SOVEREIGNTY.]
The legislature finds that it is appropriate that land in this state conveyed to the Prairie Island Indian community by the public utility operating the Prairie Island nuclear plant in partial compensation for the storage of nuclear waste at the plant be placed in trust for the community. Nothing in this act shall be construed to affect the Prairie Island Indian community's sovereignty, nor change any existing agreement between the community and the state.
Sec. 5. [REPEALER.]
Minnesota Statutes 1994, section 116C.80, is repealed.
Sec. 6. [CONTRACTUAL AGREEMENT.]
Sections 1 to 5 are effective upon a finding by the environmental quality board that an agreement has been reached between the Mdewakanton Dakota Tribal Council, on behalf of the Prairie Island Indian community, and the public utility operating the Prairie Island nuclear generating plant, binding the parties to the following terms and conditions:
(1) a one-time payment of $2,000,000 by the public utility to the Mdewakanton Dakota Tribal Council at Prairie Island on behalf of the Prairie Island Indian community within 30 days of the date of the agreement;
(2) an annual payment by the public utility to the tribal council of $850,000 for the operating life of the Prairie Island nuclear generating plant payable on or before June 1 of each year;
(3) an annual payment by the public utility to the tribal council of $350,000 for the siting of the storage pad on Prairie Island payable on or before June 1 of each year;
(4) an annual payment by the public utility to the tribal council $53,000 per dry cask payable on or before June 1 of each year; and
(5) the purchase and transfer of 1,750 acres of land by the public utility to the tribal council, to be used for those members of the Prairie Island Indian community who wish to relocate from Prairie Island."
Delete the title and insert:
"A bill for an act relating to public utilities; modifying provisions relating to dry cask storage of nuclear waste; exempting certain property from taxation; amending Minnesota Statutes 1994, section 116C.771; Minnesota Statutes 1995 Supplement, section 272.02, subdivision 1; repealing Minnesota Statutes 1994, section 116C.80."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Rules and Legislative Administration.
The report was adopted.
Carruthers from the Committee on Rules and Legislative Administration to which was referred:
S. F. No. 2340, A bill for an act relating to crime prevention; defining the crime of motor vehicle operation resulting in bodily harm; prescribing penalties; amending Minnesota Statutes 1994, section 609.21, by adding a subdivision.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means without further recommendation.
The report was adopted.
H. F. No. 3271 was read for the second time.
S. F. Nos. 2319, 2517 and 2571 were read for the second time.
The following House Files were introduced:
Orfield introduced:
H. F. No. 3272, A resolution memorializing the President and Congress to permit states to regulate interest rates on credit cards issued to their residents.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Kalis, for the Committee on Capital Investment, introduced:
H. F. No. 3273, A bill for an act relating to public administration; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing issuance of bonds; appropriating money; amending Minnesota Statutes 1994, sections 16B.335, subdivision 3, and by adding a subdivision; 41B.19, subdivision 1; 94.16, subdivision 3; 124C.73, subdivision 1; 134.45, subdivision 5; 268.917; and 475.58, by adding a subdivision; Minnesota Statutes 1995 Supplement, sections 473.894, subdivision 11; and 473.901, subdivision 1; Laws 1994, chapter 643, sections 19, subdivision 8, as amended; 21, subdivision 4, as amended; and 35, subdivision 3; Laws 1995, First Special Session chapter 2, article 1, section 13; proposing coding for new law in Minnesota Statutes, chapters 116J; 243; 268; and 446A; repealing Minnesota Statutes 1994, sections 446A.071, subdivisions 1, 3, 4, 5, 6, 7, and 8; Minnesota Statutes 1995 Supplement, sections 446A.071, subdivision 2; Laws 1994, chapter 643, section 24, subdivision 3.
The bill was read for the first time and referred to the Committee on Ways and Means.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House Files, herewith returned:
H. F. No. 2310, A bill for an act relating to health; transferring certain authority from the commissioner of health to the emergency medical services regulatory board; adding two members to the emergency medical services regulatory board; adding an exemption to the medical license requirement; specifying effective date of appointments
and board actions; amending Minnesota Statutes 1994, section 169.686, subdivision 3; Minnesota Statutes 1995 Supplement, sections 144.8093, subdivision 4; 144E.01, subdivision 1; and 147.09.
H. F. No. 1303, A bill for an act relating to bilingual communication services; requiring state agencies to appoint persons to serve as liaisons with non-English-speaking people served by the agencies; directing agencies to prepare communication services plans; requiring the attorney general and the commissioner of administration to review and comment on the plans.
H. F. No. 2068, A bill for an act relating to highways; designating the POW/MIA Memorial Highway.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H F. No. 2580, A bill for an act relating to game and fish; modifying restrictions for nonresident fish houses; amending Minnesota Statutes 1994, section 97C.355, subdivision 6.
The Senate has appointed as such committee:
Messrs. Samuelson, Sams and Stevens.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 2625, A bill for an act relating to the city of Baxter; allowing the city of Baxter to expand its public utilities commission to five members.
The Senate has appointed as such committee:
Messrs. Samuelson; Vickerman and Ms. Robertson.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 2752, A bill for an act relating to consumer protection; providing for the licensing and regulation of pawnbrokers; providing penalties; amending Minnesota Statutes 1994, sections 471.924, subdivision 1; 471.925; and 471.927; proposing coding for new law as Minnesota Statutes, chapter 325J; repealing Minnesota Statutes 1994, section 609.81.
Patrick E. Flahaven, Secretary of the Senate
Luther moved that the House refuse to concur in the Senate amendments to H. F. No. 2752, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 2526, A bill for an act relating to crime; making it a crime to obtain cellular telephone service through cellular counterfeiting; requiring forfeiture of cloning paraphernalia used to create cloned cellular telephones; prescribing penalties; amending Minnesota Statutes 1994, section 609.531, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 609.
Patrick E. Flahaven, Secretary of the Senate
Brown moved that the House concur in the Senate amendments to H. F. No. 2526 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 2526, A bill for an act relating to crime; making it a crime to obtain cellular telephone service through cellular counterfeiting; requiring forfeiture of cloning paraphernalia used to create cloned cellular telephones; prescribing penalties; amending Minnesota Statutes 1994, section 609.5316, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 609.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Kinkel Murphy Seagren Anderson, B. Finseth Knight Ness Skoglund Anderson, R. Frerichs Knoblach Olson, E. Smith Bakk Garcia Koppendrayer Olson, M. Solberg Bertram Girard Kraus Onnen Stanek Bettermann Goodno Krinkie Opatz Sviggum Bishop Greenfield Larsen Orenstein Swenson, D. Boudreau Greiling Leighton Orfield Tomassoni Bradley Gunther Leppik Osskopp Tompkins Broecker Haas Lieder Osthoff Trimble Brown Hackbarth Lindner Ostrom Tuma Carlson, L. Harder Long Otremba Tunheim Carlson, S. Hasskamp Lourey Ozment Van Dellen Carruthers Hausman Luther Paulsen Van Engen Clark Holsten Lynch Pawlenty Vickerman Commers Huntley Macklin Pellow Wagenius Cooper Jaros Mahon Pelowski Warkentin Daggett Jefferson Mares Perlt Weaver Dauner Jennings Mariani Peterson Wejcman Davids Johnson, A. Marko Pugh Wenzel Dawkins Johnson, R. McCollum Rhodes Winter Dehler Johnson, V. McElroy Rice Wolf Delmont Kahn McGuire Rostberg Worke Dempsey Kalis Milbert Rukavina Workman Dorn Kelley Molnau Sarna Sp.Anderson,I Entenza Kelso Munger SchumacherThe bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 2858, A bill for an act relating to Camp Ripley; providing for use of the National Guard Education Center as the state education and training center; proposing coding for new law in Minnesota Statutes, chapter 15.
Patrick E. Flahaven, Secretary of the Senate
Wenzel moved that the House concur in the Senate amendments to H. F. No. 2858 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 2858, A bill for an act relating to Camp Ripley; providing for use of the National Guard Education Center as the state education and training center; proposing coding for new law in Minnesota Statutes, chapter 15.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 122 yeas and 8 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Koppendrayer Opatz Stanek Anderson, R. Finseth Kraus Orenstein Sviggum Bakk Frerichs Larsen Orfield Swenson, D. Bertram Garcia Leighton Osskopp Sykora Bettermann Girard Leppik Osthoff Tomassoni Bishop Goodno Lieder Ostrom Tompkins Boudreau Greenfield Long Otremba Trimble Bradley Greiling Lourey Ozment Tuma Broecker Gunther Luther Paulsen Tunheim Brown Haas Lynch Pawlenty Van Dellen Carlson, L. Harder Macklin Pellow Van Engen Carlson, S. Hausman Mahon Pelowski Vickerman Carruthers Holsten Mares Perlt Wagenius Clark Huntley Mariani Peterson Warkentin Commers Jaros Marko Pugh Weaver Cooper Jefferson McElroy Rhodes Wejcman Daggett Jennings McGuire Rice Wenzel Dauner Johnson, A. Milbert Rostberg Winter Davids Johnson, R. Molnau Rukavina Wolf Dawkins Johnson, V. Mulder Sarna Worke Delmont Kalis Munger Schumacher Workman Dempsey Kelley Murphy Seagren Sp.Anderson,I Dorn Kelso Ness Skoglund Entenza Knight Olson, E. Smith Erhardt Knoblach Onnen SolbergThose who voted in the negative were:
Anderson, B. Hackbarth Kinkel Lindner Dehler Hasskamp Krinkie Olson, M.The bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 2330, A bill for an act relating to land use planning; requesting the St. Cloud area planning organization to assess and report on the land use planning and coordinating issues of the region.
Patrick E. Flahaven, Secretary of the Senate
Opatz moved that the House refuse to concur in the Senate amendments to H. F. No. 2330, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 842, A bill for an act relating to occupations and professions; board of psychology; modifying board duties; changing types of licensure; changing licensure provisions; providing for discipline; providing penalties; amending Minnesota Statutes 1994, sections 148.88; 148.881; 148.89, subdivisions 2a and 5; 148.90, subdivisions 1 and 2; 148.905, subdivision 1; 148.911; 148.925; 148.941, subdivisions 2, 4, and by adding subdivisions; 148.96; 148.975; 148.98; 253B.02, subdivision 11; Minnesota Statutes 1995 Supplement, section 147.09; proposing coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota Statutes 1994, sections 148.89, subdivisions 6, 7, and 8; 148.91; 148.93; 148.951; and 148.97; Minnesota Statutes 1995 Supplement, section 148.921.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Messrs Betzold; Sams and Ms. Runbeck.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Kelley moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 842. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 1981, A bill for an act relating to commerce; regulating the enforcement powers of the commissioner; clarifying the definition of nonconformity in respect of hearing aids; amending Minnesota Statutes 1994, section 45.027, subdivision 5, and by adding a subdivision; Minnesota Statutes 1995 Supplement, section 325G.203, subdivision 11.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Messrs. Hottinger; Larson and Ms. Wiener.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Entenza moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1981. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 3249, A bill for an act relating to the financing and operation of government in this state; modifying certain tax rates, credits, refunds, bases, and exemptions; modifying property tax exemptions, valuation, and classification; providing a senior citizen property tax deferral; providing for the deposit of certain revenues in the
highway user tax distribution and transit assistance funds; establishing an education investment fund; providing tax incentives for savings for education; changing tax increment financing, special services district, and taxing district provisions; authorizing local taxes; authorizing certain special districts; providing local levy or other authority; authorizing municipal debt; providing for certain tax base sharing; changing certain aids; modifying revenue recapture; making tax policy, collection, administrative and technical changes, corrections, and clarifications; requiring studies; providing for appointments; appropriating money; amending Minnesota Statutes 1994, sections 10A.31, subdivision 3a; 13.99, subdivision 97a; 103E.611, subdivision 7; 115.26, by adding a subdivision; 165.08, subdivision 5; 216B.16, by adding a subdivision; 239.761, subdivision 5; 270.067, subdivision 2; 270.07, subdivision 1; 270.102, subdivisions 1, 2, and 3; 270.70, subdivision 2; 270A.03, subdivision 2; 270B.12, by adding a subdivision; 273.02, subdivision 3; 273.11, subdivision 1a; 273.111, subdivisions 3 and 6; 273.124, by adding a subdivision; 273.13, subdivisions 22, 23, and 32; 273.1398, by adding a subdivision; 275.065, subdivision 5a; 275.07, subdivision 4, and by adding a subdivision; 275.61; 278.01, by adding a subdivision; 278.08; 279.06, subdivision 1; 279.37, by adding a subdivision; 281.17; 287.06; 289A.50, by adding a subdivision; 289A.56, subdivision 4; 290.01, subdivisions 4a and 19a; 290.06, subdivisions 2c and 22; 290.091, subdivisions 2 and 6; 290.0922, subdivisions 1 and 3; 290.095, subdivision 3; 290.17, subdivision 2; 290A.03, subdivision 11; 290A.25; 295.51, subdivision 1, and by adding a subdivision; 295.52, by adding a subdivision; 295.54, subdivisions 1, 2, and by adding a subdivision; 296.01, subdivisions 2 and 13; 296.02, by adding a subdivision; 296.025, subdivision 6; 296.141, subdivisions 4 and 5; 296.15, by adding a subdivision; 296.17, subdivision 7; 297.04, subdivision 9; 297A.01, subdivision 16; 297A.02, subdivision 5; 297A.14, by adding a subdivision; 297A.15, subdivision 6; 297A.21, subdivision 4; 297A.211, subdivision 3; 297A.24, subdivision 1; 297A.25, subdivisions 14, 37, and by adding a subdivision; 297A.256, subdivision 1; 297A.2572; 297A.2573; 297A.44, subdivision 1; 297A.46; 297B.09, subdivision 1; 297E.02, subdivisions 4 and 10; 298.01, subdivision 4e; 298.17; 298.28, subdivisions 2 and 11; 298.75, subdivision 1, and by adding a subdivision; 349.15, by adding a subdivision; 349.154, subdivision 2; 349.19, subdivision 2, and by adding a subdivision; 373.40, subdivision 7; 375.192, subdivision 2; 383B.51; 428A.01, subdivisions 2 and 3; 428A.02, subdivision 1; 444.075, by adding a subdivision; 458A.32, subdivision 4; 469.040, subdivision 3, and by adding a subdivision; 469.167, subdivision 2; 469.173, subdivision 7; 469.174, subdivision 2; 469.176, subdivision 4f; 469.1761, subdivision 1; 469.177, subdivision 3; 471.88, subdivision 14; 473.625; 477A.011, subdivisions 3, 20, 27, 32, and 35; and 477A.013, subdivision 6; Minnesota Statutes 1995 Supplement, sections 41A.09, subdivision 2a; 115B.48, by adding subdivisions; 115B.49, subdivisions 2 and 4; 116.07, subdivision 10; 124A.03, subdivision 2; 216B.161, subdivision 1; 270A.03, subdivision 7; 272.02, subdivision 1; 273.11, subdivision 16; 273.124, subdivisions 3 and 13; 273.13, subdivisions 24 and 25; 273.1398, subdivision 1; 273.1399, subdivisions 6 and 7; 275.065, subdivisions 3 and 6; 275.08, subdivision 1b; 276.04, subdivision 2; 289A.40, subdivision 1; 290.01, subdivision 19b; 290.067, subdivision 1; 290.191, subdivisions 5 and 6; 290A.04, subdivision 2h; 295.50, subdivisions 3 and 4; 295.53, subdivisions 1, 5, and by adding a subdivision; 296.02, subdivision 1; 296.025, subdivision 1; 296.12, subdivision 3; 297A.01, subdivision 3; 297A.02, subdivision 4; 297A.25, subdivisions 57 and 59; 297A.45, subdivisions 2, 3, and 4; 297B.01, subdivision 8; 428A.05; 465.82, subdivision 2; 469.169, subdivisions 9 and 10; 469.174, subdivision 4; 469.175, subdivisions 1, 5, and 6; 469.176, subdivision 2; 469.177, subdivision 1; 471.6965; 473.448; 477A.0121, subdivision 4; 477A.0132; and 477A.03, subdivision 2; Laws 1963, chapter 118, sections 1, subdivision 3; 2; 4; 6; Laws 1971, chapter 869, sections 2, subdivisions 2, as amended, 14, and 17, as added; 3, subdivisions 5, 6, and 9; 4, subdivisions 1, 2, and 5, as amended; 5, subdivisions 1 and 3; 8; 10, subdivision 3b, as added; 12, subdivisions 1, as amended, and 2, as amended; 17, subdivision 11; 19; 20, subdivision 2; 21; 24; Laws 1985, chapter 302, section 2, subdivision 1, as amended; Laws 1991, chapter 291, article 8, section 27, by adding a subdivision; Laws 1992, chapter 511, article 8, section 39; and Laws 1995, chapter 264, articles 2; sections 42, subdivision 1; and 44; 5, sections 40, subdivision 1; 44, subdivision 4; and 45, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 11A; 103D; 115B; 136A; 272; 273; 281; 287; 290; 290A; 297A; 315; 375; 428A; 462A; 469; and 477A; proposing coding for new law as Minnesota Statutes, chapters 276A; and 290B; repealing Minnesota Statutes 1994, sections 13.99, subdivision 97; 273.1316; 273.1317; 273.1318; 273.1398, subdivision 5b; 290.06, subdivision 21; 290.092; 295.37; 295.39; 295.40; 295.41; 295.42; 295.43; 295.50, subdivisions 8, 9, 9a, 11, 12, and 12a; 296.25, subdivision 1a; 297A.01, subdivision 20; 297A.14, subdivision 3; 297A.15, subdivision 5; 297A.24, subdivision 2; and 469.150; Minnesota Statutes 1995 Supplement, sections 270B.12, subdivision 11; 276.012; 290A.055; 290A.26; and 469.176, subdivision 7; Laws 1971, chapter 869, section 6, subdivision 3; Laws 1987, chapter 285; and Laws 1995, chapter 264, article 4.
Patrick E. Flahaven, Secretary of the Senate
Rest moved that the House refuse to concur in the Senate amendments to H. F. No. 3249, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 2254, 1915, 2023, 2260, 1885, 2227, 2255 and 2540.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 2254, A bill for an act relating to government data practices; providing a statutory process for the sealing of certain criminal records; modifying grounds for sealing records in certain cases; authorizing peace officers to issue citations for truancy; requiring that certain juveniles taken into secure custody be formally booked and fingerprinted; requiring that any known street names or aliases of certain juvenile offenders be included in the statewide juvenile information system; amending Minnesota Statutes 1994, sections 168.36, by adding a subdivision; 242.31, subdivision 2; 260.161, subdivision 1a; and 299C.13; Minnesota Statutes 1995 Supplement, sections 152.18, subdivision 1; 242.31, subdivision 1; 260.132, subdivision 1; 299C.10, subdivision 1; and 299C.11; proposing coding for new law as Minnesota Statutes, chapter 609A; repealing Minnesota Statutes 1994, sections 152.18, subdivision 2; 242.31, subdivision 3; 609.166; 609.167; and 609.168.
The bill was read for the first time.
Carruthers moved that S. F. No. 2254 and H. F. No. 2215, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1915, A bill for an act relating to commerce; changing the enforcement authority to the commissioner; providing continuing education and reporting requirements for certain licenses; regulating inspections of cosmetology salons and schools; regulating disclosures of information and data; regulating securities registrations and exemptions; regulating franchise registrations and definitions; modifying the definition of an aggrieved person for purposes of the real estate recovery fund; regulating cancellations of membership camping contracts; modifying the bond or insurance requirements for abstractors; regulating residential building contractors; regulating unclaimed properties and notaries public; requiring a study; removing a certain licensing exception; repealing an obsolete provision; regulating the repair of certain consumer goods; modifying agency disclosure requirements in real estate transactions; modifying licensing requirements; amending Minnesota Statutes 1994, sections 45.011, subdivision 1; 45.027, subdivision 7, and by adding subdivisions; 53A.081, subdivision 1; 60K.19, subdivisions 7, 8, and 10; 80A.05, subdivision 1; 80A.06, subdivision 3; 80A.09, by adding a subdivision; 80A.10, subdivision 4; 80A.11, by adding a subdivision; 80A.14, by adding subdivisions; 80A.15, subdivisions 2 and 3; 80C.01, by adding a subdivision; 80C.05, by adding a subdivision; 82.19, subdivision 5; 82.195, subdivision 2; 82.196, subdivisions 1 and 2; 82.197, subdivisions 1, 2, 3, and 4; 82.22, subdivision 13; 82A.11, by adding a subdivision; 82B.19, by adding a subdivision; 155A.08, subdivision 3; 155A.09, subdivision 7; 155A.095; 325F.56, subdivision 2; 326.37, by adding a subdivision; 326.87, by adding a subdivision; 326.91, by adding subdivisions; 326.991; 332.34; 345.41; 345.42; 345.43, by adding a subdivision; 345.515; 359.01, subdivisions 1 and 2; 359.02; and 359.061; Minnesota Statutes 1995 Supplement, sections 16A.6701, subdivision 1; 80A.15, subdivision 1; 82.20, subdivision 15; 82.34, subdivision 7; 83.26, subdivision 2; and 386.66; proposing coding for new law in Minnesota Statutes, chapters 45; and 332; repealing Minnesota Statutes 1994, sections 80A.14, subdivision 8; 326.95, subdivision 4; 326.97, subdivision 3; 326.99; and 345.43, subdivisions 1 and 2; Laws 1994, chapter 447, section 2.
The bill was read for the first time.
Entenza moved that S. F. No. 1915 and H. F. No. 2233, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2023, A bill for an act relating to health; regulating coverage; requiring a health plan company to offer at least one point-of-service product in each market in which it operates; proposing coding for new law in Minnesota Statutes, chapter 62Q.
The bill was read for the first time.
Huntley moved that S. F. No. 2023 and H. F. No. 2389, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2260, A bill for an act relating to state government; modifying classifications for certain positions in the higher education system.
The bill was read for the first time.
Dorn moved that S. F. No. 2260 and H. F. No. 2720, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1885, A bill for an act relating to human services; clarifying foster care payment and placement; clarifying adoption assistance; defining egregious harm in the juvenile code; amending the parental rights termination statute; amending Minnesota Statutes 1994, sections 256E.08, by adding a subdivision; 257.071, subdivision 1a, and by adding subdivisions; 257.072, subdivisions 1, 5, and 8; 257.0725; 259.67, subdivisions 4 and 6; 259.77; 260.015, by adding a subdivision; and 260.181, subdivision 3; Minnesota Statutes 1995 Supplement, sections 256.045, subdivision 3; and 260.221, subdivision 1; Laws 1995, chapter 207, article 1, section 2, subdivision 4.
The bill was read for the first time.
Sykora moved that S. F. No. 1885 and H. F. No. 2158, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2227, A bill for an act relating to health; allowing physicians to prescribe and administer controlled substances in cases of intractable pain; proposing coding for new law in Minnesota Statutes, chapter 152.
The bill was read for the first time.
Leppik moved that S. F. No. 2227 and H. F. No. 2314, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2255, A bill for an act relating to local government; providing for certain vacancies in the elected offices of mayor or council member in statutory cities, county commissioner, and school board; amending Minnesota Statutes 1994, sections 127.09; 375.101; and 412.02, subdivision 2a, and by adding a subdivision.
The bill was read for the first time.
Carruthers moved that S. F. No. 2255 and H. F. No. 2425, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2540, A bill for an act relating to health; changing the date by which the commissioner of administration must present to the legislature recommendations on private sector administration of the MinnesotaCare program; amending Laws 1995, chapter 234, article 6, section 44.
The bill was read for the first time.
Haas moved that S. F. No. 2540 and H. F. No. 2811, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2054 was reported to the House.
Farrell moved to amend S. F. No. 2054 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1995 Supplement, section 169.21, subdivision 2, is amended to read:
Subd. 2. [RIGHTS IN ABSENCE OF SIGNALS.] (a) Where
traffic-control signals are not in place or in operation,
the driver of a vehicle shall stop to yield the
right-of-way, slowing down or stopping if need be to so
yield, to a pedestrian crossing the roadway within a
crosswalk but no pedestrian shall suddenly leave a curb or other
place of
safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. This provision shall not apply under the conditions as otherwise provided in this subdivision.
(b) When any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
(c) It is unlawful for any person to drive a motor vehicle
through a column of school children crossing a street or highway
or past a member of a school safety patrol or adult crossing
guard, while the member of the school safety patrol or adult
crossing guard is directing the movement of children across a
street or highway and while the school safety patrol member or
adult crossing guard is holding an official signal in the stop
position. A person who violates this paragraph is guilty of a
misdemeanor. A person who violates this paragraph a second or
subsequent time within one year of a previous conviction under
this paragraph is guilty of a gross misdemeanor.
(d) A person who violates this subdivision is guilty of a misdemeanor and may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $700, or both. A person who violates this subdivision a second or subsequent time within one year of a previous conviction under this subdivision 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. 2. Minnesota Statutes 1994, section 171.13, is amended by adding a subdivision to read:
Subd. 1g. [DRIVER'S MANUAL; CROSSWALK RIGHT-OF-WAY.] The commissioner shall include in the next revised edition of the driver's manual published by the department after August 1, 1996, a section relating to the circumstances under which a driver must stop to yield the right-of-way to a pedestrian in a crosswalk and the penalties for failure to yield.
Sec. 3. [PUBLIC SERVICE ANNOUNCEMENTS.]
The commissioner of public safety shall cause to be produced a series of public service announcements to educate the public concerning traffic regulations that are frequently violated, including the requirement for a vehicle driver to stop to yield the right-of-way to a pedestrian in a crosswalk. The commissioner shall distribute these announcements for broadcast in this state on radio and television."
The motion prevailed and the amendment was adopted.
Pellow moved to amend S. F. No. 2054, as amended, as follows:
Page 1, after line 12, insert:
"Section 1. Minnesota Statutes 1994, section 160.292, subdivision 2, is amended to read:
Subd. 2. [SPECIFIC SERVICE SIGN.] "Specific service sign"
means a rectangular sign panel not greater than 1-1/2 feet by six
feet displaying the name of a rural agricultural or
tourist-oriented business, gasoline service station, place
of worship, motel, restaurant, resort, or recreational camping
area and, where appropriate, the direction to and distance to the
rural agricultural or tourist-oriented business, camping area,
motel, restaurant, or resort specific service.
Sec. 2. Minnesota Statutes 1994, section 160.292, subdivision 10, is amended to read:
Subd. 10. [SPECIFIC SERVICE.] "Specific service" means restaurants, rural agricultural or tourist-oriented businesses, gasoline service stations, places of worship, and motels, resorts, or recreational camping areas that provide sleeping accommodations for the traveling public. "Tourist-oriented business" means a business, service, or activity that receives the major portion of its income or visitors during the normal business season from motorists not residing in the immediate area of the business or activity. "Tourist-oriented business" includes, but is not limited to: (1) a greenhouse or nursery, (2) a bait and tackle shop, (3) a marina, and (4) a gift or antique shop.
Sec. 3. Minnesota Statutes 1994, section 160.293, subdivision 3, is amended to read:
Subd. 3. [NUMBER OF TRUNK HIGHWAY INTERSECTIONS.] A specific
service sign for a rural agricultural or tourist-oriented
business, place of worship, restaurant, motel, resort, or
recreational camping area specific service is limited
to one intersection on the trunk highway system. Additional
signing may be considered when the place of business is located
between, or approximately an equal distance from, two or more
trunk highways."
Page 2, after line 36, insert:
"Sec. 4. [SIGN PROGRAM.]
If the specific service sign program established under Minnesota Statutes, sections 160.292 to 160.297, is abolished by repeal of those sections and replaced by a highway service sign program for business directional signage on state trunk highways, the commissioner of transportation in administering that program must permit the inclusion in the program of signs for gasoline service stations."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion did not prevail and the amendment was not adopted.
Pellow moved to amend S. F. No. 2054, as amended, as follows:
Page 1, after line 12, insert:
"Section 1. [160.085] [REGULATING TRAFFIC ON ACCESS RAMPS.]
Notwithstanding section 160.08 or other law to the contrary, where the commissioner of transportation or other road authority installs and makes use of stop and go traffic lights to control vehicular access to a freeway or other controlled access highway, the access may be controlled only to the extent that the traffic control does not result in the entrance to any private business or commercial enterprise being blocked by traffic desiring to proceed on the controlled access highway."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion did not prevail and the amendment was not adopted.
Bishop offered an amendment to S. F. No. 2054, as amended.
Osthoff raised a point of order pursuant to rule 3.09 that the Bishop amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
S. F. No. 2054, A bill for an act relating to traffic regulations; requiring driver to stop to yield right-of-way to pedestrian within crosswalk; increasing penalty for failure to yield to pedestrian in crosswalk; directing commissioner to include information pertaining to crosswalk right-of-way in driver's manual; requiring preparation and distribution of publicity concerning traffic regulations; amending Minnesota Statutes 1994, section 171.13, by adding a subdivision; Minnesota Statutes 1995 Supplement, section 169.21, subdivision 2.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Knight Ness Smith Anderson, B. Finseth Knoblach Olson, E. Solberg Anderson, R. Frerichs Koppendrayer Olson, M. Stanek Bakk Garcia Kraus Onnen Sviggum Bertram Girard Krinkie Opatz Swenson, D. Bettermann Goodno Larsen Orenstein Sykora Bishop Greenfield Leighton Orfield Tomassoni Boudreau Greiling Leppik Osskopp Tompkins Bradley Gunther Lieder Osthoff Trimble Broecker Haas Lindner Ostrom Tuma Brown Hackbarth Long Otremba Tunheim Carlson, L. Harder Lourey Ozment Van Dellen Carlson, S. Hasskamp Luther Paulsen Van Engen Carruthers Hausman Lynch Pawlenty Vickerman Clark Holsten Macklin Pellow Wagenius Commers Huntley Mahon Pelowski Warkentin Cooper Jaros Mares Perlt Weaver Daggett Jefferson Mariani Peterson Wejcman Dauner Jennings Marko Pugh Wenzel Davids Johnson, A. McCollum Rhodes Winter Dawkins Johnson, R. McElroy Rice Wolf Dehler Johnson, V. McGuire Rostberg Worke Delmont Kahn Milbert Rukavina Workman Dempsey Kalis Molnau Sarna Sp.Anderson,I Dorn Kelley Mulder Schumacher Entenza Kelso Munger Seagren Erhardt Kinkel Murphy SkoglundThe bill was passed, as amended, and its title agreed to.
Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon today:
H. F. Nos. 2394, 2780 and 2229; S. F. Nos. 2275 and 2332; H. F. No. 2242; S. F. No. 2410; H. F. No. 2233; and S. F. Nos. 1793 and 2499.
H. F. No. 2394, A bill for an act relating to insurance; health; requiring coverage for prostate cancer screening; proposing coding for new law in Minnesota Statutes, chapter 62Q.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 103 yeas and 29 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Kinkel Onnen Schumacher Anderson, R. Finseth Knoblach Opatz Skoglund Bakk Garcia Larsen Orenstein Smith Bertram Girard Leighton Orfield Solberg Bishop Goodno Lieder Osskopp Stanek Broecker Greiling Long Osthoff Swenson, D. Brown Harder Lourey Ostrom TomassoniThose who voted in the negative were:
JOURNAL OF THE HOUSE - 96th Day - Top of Page 8195
Carlson, L. Hasskamp Luther Otremba Tompkins Carlson, S. Hausman Lynch Paulsen Trimble Carruthers Holsten Macklin Pawlenty Tunheim Clark Huntley Mahon Pellow Wagenius Commers Jaros Mares Pelowski Warkentin Cooper Jefferson Mariani Perlt Weaver Dauner Jennings Marko Peterson Wejcman Davids Johnson, A. McCollum Pugh Wenzel Dawkins Johnson, R. McGuire Rest Winter Dehler Johnson, V. Milbert Rhodes Worke Delmont Kahn Munger Rice Workman Dorn Kalis Murphy Rostberg Sp.Anderson,I Entenza Kelley Ness Rukavina Erhardt Kelso Olson, E. Sarna
Anderson, B. Frerichs Koppendrayer Molnau Tuma Bettermann Greenfield Kraus Mulder Van Dellen Boudreau Gunther Krinkie Olson, M. Van Engen Bradley Haas Leppik Seagren Vickerman Daggett Hackbarth Lindner Sviggum Wolf Dempsey Knight McElroy SykoraThe bill was passed and its title agreed to.
Farrell moved that the vote whereby S. F. No. 2054, as amended, was passed earlier today be now reconsidered. The motion prevailed.
Farrell moved that the action whereby S. F. No. 2054 was given a third reading, as amended, be now reconsidered. The motion prevailed.
Farrell moved that the vote whereby the Farrell amendment was adopted be now reconsidered. The motion prevailed.
The Farrell amendment to S. F. No. 2054 which was adopted earlier today was again reported to the House.
Farrell withdrew his amendment to S. F. No. 2054.
S. F. No. 2054, A bill for an act relating to traffic regulations; requiring driver to stop to yield right-of-way to pedestrian within crosswalk; increasing penalty for failure to yield to pedestrian in crosswalk; directing commissioner to include information pertaining to crosswalk right-of-way in driver's manual; requiring preparation and distribution of publicity concerning traffic regulations; amending Minnesota Statutes 1994, section 171.13, by adding a subdivision; Minnesota Statutes 1995 Supplement, section 169.21, subdivision 2.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Knight Ness Skoglund Anderson, B. Finseth Knoblach Olson, E. SmithThe bill was passed and its title agreed to.
JOURNAL OF THE HOUSE - 96th Day - Top of Page 8196
Anderson, R. Frerichs Koppendrayer Olson, M. Solberg Bakk Garcia Kraus Onnen Stanek Bertram Girard Krinkie Opatz Sviggum Bettermann Goodno Larsen Orenstein Swenson, D. Bishop Greenfield Leighton Orfield Sykora Boudreau Greiling Leppik Osskopp Tomassoni Bradley Gunther Lieder Osthoff Tompkins Broecker Haas Lindner Ostrom Trimble Brown Hackbarth Long Otremba Tuma Carlson, L. Harder Lourey Ozment Tunheim Carlson, S. Hasskamp Luther Paulsen Van Dellen Carruthers Hausman Lynch Pawlenty Van Engen Clark Holsten Macklin Pellow Vickerman Commers Huntley Mahon Pelowski Wagenius Cooper Jaros Mares Perlt Warkentin Daggett Jefferson Mariani Peterson Weaver Dauner Jennings Marko Pugh Wejcman Davids Johnson, A. McCollum Rest Wenzel Dawkins Johnson, R. McElroy Rhodes Winter Dehler Johnson, V. McGuire Rice Wolf Delmont Kahn Milbert Rostberg Worke Dempsey Kalis Molnau Rukavina Workman Dorn Kelley Mulder Sarna Sp.Anderson,I Entenza Kelso Munger Schumacher Erhardt Kinkel Murphy Seagren
S. F. No. 2275 was reported to the House.
Kelley moved to amend S. F. No. 2275 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1995 Supplement, section 629.72, subdivision 2, is amended to read:
Subd. 2. [JUDICIAL REVIEW; RELEASE; BAIL.] (a) The judge before whom the arrested person is brought shall review the facts surrounding the arrest and detention. The prosecutor or other appropriate person shall present relevant information involving the victim's or the victim's family's account of the alleged crime to the judge to be considered in determining the arrested person's release. The arrested person must be ordered released pending trial or hearing on the person's personal recognizance or on an order to appear or upon the execution of an unsecured bond in a specified amount unless the judge determines that release (1) will be inimical to public safety, (2) will create a threat of bodily harm to the arrested person, the victim of the alleged harassment or domestic abuse, or another, or (3) will not reasonably assure the appearance of the arrested person at subsequent proceedings.
(b) If the judge determines release is not advisable, the judge may impose any conditions of release that will reasonably assure the appearance of the person for subsequent proceedings, or will protect the victim of the alleged harassment or domestic abuse, or may fix the amount of money bail without other conditions upon which the arrested person may obtain release. If conditions of release are imposed, the judge shall issue a written order for conditional release. The court administrator shall immediately distribute a copy of the order for conditional release to the agency having custody of the arrested person and shall provide the agency having custody of the arrested person with any available information on the location of the victim in a manner that protects the victim's safety. Either the court or its designee or the agency having custody of the arrested person shall serve upon the defendant a copy of the order. Failure to serve the arrested person with a copy of the order for conditional release does not invalidate the conditions of release.
(c) If the judge imposes as a condition of release a requirement that the person have no contact with the victim of the alleged harassment or domestic abuse, the judge may also, on its own motion or that of the prosecutor or on request of the victim, issue an ex parte temporary restraining order under section 609.748, subdivision 4, or an ex parte temporary order for protection under section 518B.01, subdivision 7. Notwithstanding section 518B.01, subdivision 7, paragraph (b), or 609.748, subdivision 4, paragraph (c), the temporary order is effective until the defendant is convicted or acquitted, or the charge is dismissed, provided that upon request the defendant is entitled to a full hearing on the restraining order under section 609.748, subdivision 5, or on the order for protection under section 518B.01. The hearing must be held within seven days of the defendant's request.
Sec. 2. Minnesota Statutes 1995 Supplement, section 629.72, subdivision 6, is amended to read:
Subd. 6. [NOTICE TO VICTIM REGARDING RELEASE OF
ARRESTED PERSON.] (a) Immediately after issuance of a citation in
lieu of continued detention under subdivision 1, or the entry of
an order for release under subdivision 2, but before the arrested
person is released, the agency having custody of the arrested
person or its
designee must make a reasonable and good faith effort to inform orally the alleged victim, local law enforcement agencies known to be involved in the case, if different from the agency having custody, and, at the victim's request any local battered women's programs established under section 611A.32 or sexual assault programs of:
(1) the conditions of release, if any;
(2) the time of release;
(3) the time, date, and place of the next scheduled court appearance of the arrested person and the victim's right to be present at the court appearance; and
(4) if the arrested person is charged with domestic abuse, the location and telephone number of the area battered women's shelter as designated by the department of corrections.
(b) As soon as practicable after an order for conditional release is entered, the agency having custody of the arrested person or its designee must personally deliver or mail to the alleged victim a copy of the written order and written notice of the information in paragraph (a), clauses (2) and (3).
Sec. 3. Minnesota Statutes 1994, section 629.72, is amended by adding a subdivision to read:
Subd. 7. [NOTICE TO VICTIM REGARDING BAIL HEARING.] When a person arrested for or a juvenile detained for domestic assault or harassment is scheduled to be reviewed under subdivision 2 for release from pretrial detention, the court shall make a reasonable good faith effort to notify: (1) the victim of the alleged crime; (2) if the victim is incapacitated or deceased, the victim's family; and (3) if the victim is a minor, the victim's parent or guardian. The notification must include:
(1) the date and approximate time of the review;
(2) the location where the review will occur;
(3) the name and telephone number of a person that can be contacted for additional information; and
(4) a statement that the victim and the victim's family may attend the review."
The motion prevailed and the amendment was adopted.
S. F. No. 2275, A bill for an act relating to crime; requiring victim's account of domestic assault or harassment to be considered in determining arrested person's release; requiring notice to certain law enforcement agencies, battered women's programs, and sexual assault programs of release of arrested persons; requiring notice of bail hearings to victims of domestic assault and harassment; amending Minnesota Statutes 1994, section 629.72, by adding a subdivision; Minnesota Statutes 1995 Supplement, section 629.72, subdivisions 2 and 6.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Knight Ness Skoglund Anderson, B. Finseth Knoblach Olson, E. SmithThe bill was passed, as amended, and its title agreed to.
JOURNAL OF THE HOUSE - 96th Day - Top of Page 8198
Anderson, R. Frerichs Koppendrayer Olson, M. Solberg Bakk Garcia Kraus Onnen Stanek Bertram Girard Krinkie Opatz Sviggum Bettermann Goodno Larsen Orenstein Swenson, D. Bishop Greenfield Leighton Orfield Sykora Boudreau Greiling Leppik Osskopp Tomassoni Bradley Gunther Lieder Osthoff Tompkins Broecker Haas Lindner Ostrom Trimble Brown Hackbarth Long Otremba Tuma Carlson, L. Harder Lourey Ozment Tunheim Carlson, S. Hasskamp Luther Paulsen Van Dellen Carruthers Hausman Lynch Pawlenty Van Engen Clark Holsten Macklin Pellow Vickerman Commers Huntley Mahon Pelowski Wagenius Cooper Jaros Mares Perlt Warkentin Daggett Jefferson Mariani Peterson Weaver Dauner Jennings Marko Pugh Wejcman Davids Johnson, A. McCollum Rest Wenzel Dawkins Johnson, R. McElroy Rhodes Winter Dehler Johnson, V. McGuire Rice Wolf Delmont Kahn Milbert Rostberg Worke Dempsey Kalis Molnau Rukavina Workman Dorn Kelley Mulder Sarna Sp.Anderson,I Entenza Kelso Munger Schumacher Erhardt Kinkel Murphy Seagren
S. F. No. 2332, A bill for an act relating to health professions; modifying provisions relating to sexual misconduct; amending Minnesota Statutes 1994, sections 13.99, subdivision 44; 147.01, subdivision 4; and 147.091, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 147.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Knight Ness Skoglund Anderson, B. Finseth Knoblach Olson, E. Smith Anderson, R. Frerichs Koppendrayer Olson, M. Solberg Bakk Garcia Kraus Onnen Stanek Bertram Girard Krinkie Opatz Sviggum Bettermann Goodno Larsen Orenstein Swenson, D. Bishop Greenfield Leighton Orfield Sykora Boudreau Greiling Leppik Osskopp Tomassoni Bradley Gunther Lieder Osthoff Tompkins Broecker Haas Lindner Ostrom Trimble Brown Hackbarth Long Otremba Tuma Carlson, L. Harder Lourey Ozment Tunheim Carlson, S. Hasskamp Luther Paulsen Van Dellen Carruthers Hausman Lynch Pawlenty Van Engen Clark Holsten Macklin Pellow Vickerman Commers Huntley Mahon Pelowski Wagenius Cooper Jaros Mares Perlt Warkentin Daggett Jefferson Mariani Peterson Weaver Dauner Jennings Marko Pugh Wejcman Davids Johnson, A. McCollum Rest Wenzel Dawkins Johnson, R. McElroy Rhodes Winter Dehler Johnson, V. McGuire Rice Wolf Delmont Kahn Milbert Rostberg Worke Dempsey Kalis Molnau Rukavina Workman Dorn Kelley Mulder Sarna Sp.Anderson,I Entenza Kelso Munger Schumacher Erhardt Kinkel Murphy SeagrenThe bill was passed and its title agreed to.
H. F. No. 2242 was reported to the House.
There being no objection, H. F. No. 2242 was continued on Special Orders.
S. F. No. 2410 was reported to the House.
McGuire moved to amend S. F. No. 2410 as follows:
Delete everything after the enacting clause and insert:
Section 1. Minnesota Statutes 1994, section 13.02, is amended by adding a subdivision to read:
Subd. 3a. [CRIMINAL JUSTICE AGENCIES.] "Criminal justice agencies" means all state and local prosecution authorities, all state and local law enforcement agencies, the sentencing guidelines commission, the bureau of criminal apprehension, the department of corrections, and all probation officers who are not part of the judiciary.
Sec. 2. Minnesota Statutes 1994, section 13.32, subdivision 3, is amended to read:
Subd. 3. [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] Except as provided in subdivision 5, educational data is private data on individuals and shall not be disclosed except as follows:
(a) Pursuant to section 13.05;
(b) Pursuant to a valid court order;
(c) Pursuant to a statute specifically authorizing access to the private data;
(d) To disclose information in health and safety emergencies pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code of Federal Regulations, title 34, section 99.36 which are in effect on July 1, 1993;
(e) Pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3) and Code of Federal Regulations, title 34, sections 99.31, 99.32, 99.33, 99.34, and 99.35 which are in effect on July 1, 1993;
(f) To appropriate health authorities to the extent necessary to administer immunization programs and for bona fide epidemiologic investigations which the commissioner of health determines are necessary to prevent disease or disability to individuals in the public educational agency or institution in which the investigation is being conducted;
(g) When disclosure is required for institutions that
participate in a program under title IV of the Higher Education
Act, United States Code, title 20, chapter 1092, in effect on
July 1, 1993; or
(h) To the appropriate school district officials to the extent necessary under subdivision 6, annually to indicate the extent and content of remedial instruction, including the results of assessment testing and academic performance at a post-secondary institution during the previous academic year by a student who graduated from a Minnesota school district within two years before receiving the remedial instruction; or
(i) To volunteers acting on behalf of the educational agency or institution in the conduct of activities and events sponsored by or endorsed by the educational agency or institution for students or former students.
Sec. 3. Minnesota Statutes 1994, section 13.32, subdivision 5, is amended to read:
Subd. 5. [DIRECTORY INFORMATION.] Information designated as directory information pursuant to the provisions of United States Code, title 20, section 1232g and Code of Federal Regulations, title 34, section 99.37 which are in effect on July 1, 1993, is public data on individuals. When conducting the directory information designation and notice process required by federal law, an educational agency or institution shall give parents and students notice of the right to refuse to let the agency or institution designate any or all data about the student as directory information. This notice may be given by any means reasonably likely to inform the parents and students of the right.
Sec. 4. Minnesota Statutes 1994, section 13.37, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section, the following terms have the meanings given them.
(a) "Security information" means government data the disclosure of which would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. "Security information" includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers.
(b) "Trade secret information" means government data, including a formula, pattern, compilation, program, device, method, technique or process (1) that was supplied by the affected individual or organization, (2) that is the subject of efforts by the individual or organization that are reasonable under the circumstances to maintain its secrecy, and (3) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.
(c) "Labor relations information" means management positions on economic and noneconomic items that have not been presented during the collective bargaining process or interest arbitration, including information specifically collected or created to prepare the management position.
(d) "Parking space leasing data" means the following government data on an applicant for, or lessee of, a parking space: residence address, home telephone number, beginning and ending work hours, place of employment, and work telephone number.
Sec. 5. Minnesota Statutes 1994, section 13.37, subdivision 2, is amended to read:
Subd. 2. [CLASSIFICATION.] The following government data is classified as nonpublic data with regard to data not on individuals, pursuant to section 13.02, subdivision 9, and as private data with regard to data on individuals, pursuant to section 13.02, subdivision 12: Security information; trade secret information; sealed absentee ballots prior to opening by an election judge; sealed bids, including the number of bids received, prior to the opening of the bids; parking space leasing data; and labor relations information, provided that specific labor relations information which relates to a specific labor organization is classified as protected nonpublic data pursuant to section 13.02, subdivision 13.
Sec. 6. Minnesota Statutes 1994, section 13.40, subdivision 2, is amended to read:
Subd. 2. [PRIVATE DATA; LIBRARY BORROWERS.] (a) Except as provided in paragraph (b), the following data maintained by a library are private data on individuals and may not be disclosed for other than library purposes except pursuant to a court order:
(1) data that link a library patron's name with materials requested or borrowed by the patron or that link a patron's name with a specific subject about which the patron has requested information or materials; or
(2) data in applications for borrower cards, other than the name of the borrower.
(b) A library may release reserved materials to a family member or other person who resides with a library patron and who is picking up the material on behalf of the patron. A patron may request that reserved materials be released only to the patron.
Sec. 7. Minnesota Statutes 1995 Supplement, 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, regardless of whether the complaint or charge resulted in a disciplinary action;
(5) the final disposition of any disciplinary action together with the specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the public body;
(6) the terms of any agreement settling any dispute arising out of an employment relationship or of a buyout agreement, as defined in section 123.34, subdivision 9a, paragraph (a);
(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 commissioners, deputy and
assistant commissioners, bureau chiefs of state departments in
the executive branch, the chief executive officers, and deputy
and assistant chief executive officers of those agencies of the
executive branch that are not state departments.
Sec. 8. Minnesota Statutes 1994, section 13.43, is amended by adding a subdivision to read:
Subd. 10. [PROTECTION OF EMPLOYEE OR OTHERS.] (a) If the responsible authority or designee of a state agency, statewide system, or political subdivision reasonably determines that the release of personnel data is necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, data that are relevant to the concerns for safety may be released as provided in this subdivision.
(b) The data may be released:
(1) to the person who may be harmed and to an attorney representing the person when the data are relevant to obtaining a restraining order;
(2) to a prepetition screening team conducting an investigation of the employee under section 253B.07, subdivision 1; or
(3) to a court, law enforcement agency, or prosecuting authority.
(c) Section 13.03, subdivision 4, paragraph (c), applies to data released under this subdivision, except to the extent that the data have a more restrictive classification in the possession of the agency or authority that receives the data. If the person who may be harmed or the person's attorney receives data under this subdivision, the data may be used or released further only to the extent necessary to protect the person from harm.
Sec. 9. Minnesota Statutes 1995 Supplement, section 13.46, subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a) Unless the data is summary data or a statute specifically provides a different classification, data on individuals collected, maintained, used, or disseminated by the welfare system is private data on individuals, and shall not be disclosed except:
(1) 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, social security numbers, income, addresses, and other data as required, upon request by the department of revenue to administer the property tax refund law, supplemental housing allowance, early refund of refundable tax credits, and the income tax. "Refundable tax credits" means the dependent care credit under section 290.067, the Minnesota working family credit under section 290.0671, the property tax refund under section 290A.04, and, if the required federal waiver or waivers are granted, the federal earned income tax credit under section 32 of the Internal Revenue Code;
(9) to 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 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 services office to the extent necessary to determine eligibility under section 136A.121, subdivision 2, clause (5);
(14) participant social security numbers and names collected by the telephone assistance program may be disclosed to the department of revenue to conduct an electronic data match with the property tax refund database to determine eligibility under section 237.70, subdivision 4a;
(15) the current address of a recipient of aid to families with dependent children 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);
(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;
(19) data on child support payments made by a child support
obligor may be disclosed to the obligee; or
(20) data in the work reporting system may be disclosed under
section 256.998, subdivision 7.;
(21) to the department of children, families, and learning for the purpose of matching department of children, families, and learning student data with public assistance data to determine students eligible for free and reduced price meals, meal supplements, and free milk pursuant to United States Code, title 42, sections 1758, 1761, 1766, 1766a,
1772, and 1773; to produce accurate numbers of students receiving aid to families with dependent children as required by section 124.175; and to allocate federal and state funds that are distributed based on income of the student's family; or
(22) the current address and phone number of program recipients and emergency contacts may be released to the commissioner of health or a local board of health as defined in section 145A.02, subdivision 2, when the commissioner or local board of health has reason to believe that a program recipient is a disease case, carrier, suspect case, or at risk of illness, and the data are necessary to locate the person.
(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. 10. [13.621] [TWO HARBORS DEVELOPMENT COMMISSION DATA.]
Subdivision 1. [NONPUBLIC DATA.] The following data that are submitted to the Two Harbors development commission by businesses that are requesting financial assistance are nonpublic data: financial statements, business plans, income and expense projections, customer lists, balance sheets, net worth calculations, and market data, including feasibility studies not paid for with public funds.
Subd. 2. [PUBLIC DATA.] Data submitted to the commission under subdivision 1 become public data after the commission decides to provide financial assistance to the business except that the following data remain nonpublic: business plans, income and expense projections, customer lists, and market data, including feasibility studies not paid for with public funds.
Sec. 11. [13.622] [MOORHEAD ECONOMIC DEVELOPMENT AUTHORITY DATA.]
Subdivision 1. [NONPUBLIC DATA.] The following data submitted to the city of Moorhead and to the Moorhead economic development authority by businesses that are requesting financial assistance are nonpublic data: financial statements, business plans, income and expense projections, customer lists, balance sheets, and market and feasibility studies not paid for with public funds.
Subd. 2. [PUBLIC DATA.] Data submitted to the city and the city's economic development authority under subdivision 1 become public data after the city decides to provide financial assistance to the business except that the following data remain nonpublic: business plans, income and expense projections, customer lists, and market and feasibility studies not paid for with public funds.
Sec. 12. Minnesota Statutes 1994, section 13.82, subdivision 13, is amended to read:
Subd. 13. [PROPERTY DATA.] Data that uniquely describe stolen,
lost, confiscated, or recovered property or property described
in pawn shop transaction records are classified as either
private data on individuals or nonpublic data depending on the
content of the not public data.
Sec. 13. Minnesota Statutes 1994, section 13.82, is amended by adding a subdivision to read:
Subd. 18. [PAWN SHOP DATA.] Data that would reveal the identity of persons who are customers of a licensed pawnbroker or secondhand goods dealer are private data on individuals. Data describing the property in a regulated transaction with a licensed pawnbroker or secondhand goods dealer are public.
Sec. 14. Minnesota Statutes 1994, section 13.87, subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] For purposes of this section, "adult and juvenile criminal history data" means all data maintained in adult and juvenile criminal history records compiled by the bureau of criminal apprehension and disseminated through the criminal justice information system, including, but not limited to fingerprints, photographs, identification data, arrest data, prosecution data, criminal and juvenile court data, custody and supervision data.
Sec. 15. Minnesota Statutes 1994, section 13.87, subdivision 2, is amended to read:
Subd. 2. [CLASSIFICATION.] Adult and juvenile criminal history data maintained by agencies, political subdivisions and statewide systems are classified as private, pursuant to section 13.02, subdivision 12, except that (1) the data may be shared with criminal justice agencies, all trial courts, and the appellate courts; and (2) data created, collected, or maintained by the bureau of criminal apprehension that identify an individual who was convicted of a crime and the offense of which the individual was convicted are public data for 15 years following the discharge of the sentence imposed for the offense.
The bureau of criminal apprehension shall provide to the public at the central office of the bureau the ability to inspect in person, at no charge, through a computer monitor the criminal conviction data classified as public under this subdivision.
Sec. 16. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:
Subd. 89a. [CRIMINAL ALERT NETWORK.] Data on private sector members of the criminal alert network are classified under section 299A.61, subdivision 2.
Sec. 17. Minnesota Statutes 1995 Supplement, section 62J.451, subdivision 7, is amended to read:
Subd. 7. [DISSEMINATION OF REPORTS; OTHER INFORMATION.] (a) The health data institute shall establish a mechanism for the dissemination of reports and other information to consumers, group purchasers, health plan companies, providers, and the state. When applicable, the health data institute shall coordinate its dissemination of information responsibilities with those of the commissioner, to the extent administratively efficient and effective.
(b) The health data institute may require those requesting data from its databases to contribute toward the cost of data collection through the payments of fees.
(c) The health data institute shall not allow a group purchaser
or health care provider to use or have access to the
electronic data interchange system or to access data under
section 62J.452, subdivision 6 or 7, unless the group purchaser
or health care provider cooperates with the data collection
efforts of the health data institute by submitting or making
available through the EDI system or other means all data
requested by the health data institute. The health data
institute shall prohibit group purchasers and health care
providers from transferring, providing, or sharing data obtained
from the health data institute under section 62J.452, subdivision
6 or 7, with a group purchaser or health care provider that does
not cooperate with the data collection efforts of the health data
institute.
Sec. 18. Minnesota Statutes 1995 Supplement, section 62J.451, subdivision 9, is amended to read:
Subd. 9. [BOARD OF DIRECTORS.] The health data institute is governed by a 20-member board of directors consisting of the following members:
(1) two representatives of hospitals, one appointed by
the Minnesota Hospital Association and one appointed by the
Metropolitan HealthCare Council and Health Care
Partnership, to reflect a mix of urban and rural
institutions;
(2) four representatives of health carriers, two appointed by the Minnesota council of health maintenance organizations, one appointed by Blue Cross and Blue Shield of Minnesota, and one appointed by the Insurance Federation of Minnesota;
(3) two consumer members, one appointed by the commissioner, and one appointed by the AFL-CIO as a labor union representative;
(4) five group purchaser representatives appointed by the Minnesota consortium of health care purchasers to reflect a mix of urban and rural, large and small, and self-insured purchasers;
(5) two physicians appointed by the Minnesota Medical Association, to reflect a mix of urban and rural practitioners;
(6) one representative of teaching and research institutions, appointed jointly by the Mayo Foundation and the Minnesota Association of Public Teaching Hospitals;
(7) one nursing representative appointed by the Minnesota Nurses Association; and
(8) three representatives of state agencies, one member representing the department of employee relations, one member representing the department of human services, and one member representing the department of health.
Sec. 19. Minnesota Statutes 1995 Supplement, section 62J.451, subdivision 12, is amended to read:
Subd. 12. [STAFF.] The board may hire an executive director.
The executive director and other health data institute staff are
not state employees but are covered by section 3.736. The
executive director and other health data institute staff may
participate in the following plans for employees in the
unclassified service until January 1, 1996: the state retirement
plan, the state deferred compensation plan, and the health,
dental, and life insurance plans. The attorney general shall
provide legal services to the board.
Sec. 20. Minnesota Statutes 1994, section 62J.51, is amended by adding a subdivision to read:
Subd. 3a. [CARD ISSUER.] "Card issuer" means the group purchaser who is responsible for printing and distributing identification cards to members or insureds.
Sec. 21. Minnesota Statutes 1994, section 62J.51, is amended by adding a subdivision to read:
Subd. 6a. [CLAIM STATUS TRANSACTION SET (ANSI ASC X12 276/277).] "Claim status transaction set (ANSI ASC X12 276/277)" means the transaction format developed and approved for implementation in December 1993 and used by providers to request and receive information on the status of a health care claim or encounter that has been submitted to a group purchaser.
Sec. 22. Minnesota Statutes 1994, section 62J.51, is amended by adding a subdivision to read:
Subd. 6b. [CLAIM SUBMISSION ADDRESS.] "Claim submission address" means the address to which the group purchaser requires health care providers, members, or insureds to send health care claims for processing.
Sec. 23. Minnesota Statutes 1994, section 62J.51, is amended by adding a subdivision to read:
Subd. 6c. [CLAIM SUBMISSION NUMBER.] "Claim submission number" means the unique identification number to identify group purchasers as described in section 62J.54, with its suffix identifying the claim submission address.
Sec. 24. Minnesota Statutes 1995 Supplement, section 62J.54, subdivision 1, is amended to read:
Subdivision 1. [UNIQUE IDENTIFICATION NUMBER FOR HEALTH CARE
PROVIDER ORGANIZATIONS.] (a) On and after January 1, 1998, all
group purchasers and health care providers in Minnesota shall use
a unique identification number to identify health care provider
organizations, except as provided in paragraph (d)
(e).
(b) Following the recommendation of the workgroup for
electronic data interchange, the federal tax identification
number assigned to each health care provider organization by the
Internal Revenue Service of the Department of the Treasury
The first eight digits of the national provider identifier
maintained by the federal Health Care Financing
Administration shall be used as the unique identification
number for health care provider organizations.
(c) Provider organizations required to have a national provider identifier are:
(1) hospitals licensed under chapter 144;
(2) nursing homes and hospices licensed under chapter 144A;
(3) subacute care facilities;
(4) individual providers organized as a clinic or group practice;
(5) independent laboratory, pharmacy, surgery, radiology, or outpatient facilities;
(6) ambulance services licensed under chapter 144; and
(7) special transportation services certified under chapter 174.
Provider organizations shall obtain a national provider identifier from the federal Health Care Financing Administration using the federal Health Care Financing Administration's prescribed process.
(d) Only the unique health care provider organization identifier shall be used for purposes of submitting and receiving claims, and in conjunction with other data collection and reporting functions.
(d) (e) The state and federal health care
programs administered by the department of human services shall
use the unique identification number assigned to health care
providers for implementation of the Medicaid Management
Information System or the uniform provider identification
number (UPIN) assigned by the Health Care Financing
Administration national provider identifier maintained by
the federal Health Care Financing Administration.
(f) The commissioner of health may become a subscriber to the federal Health Care Financing Administration's national provider system to implement this subdivision.
Sec. 25. Minnesota Statutes 1995 Supplement, section 62J.54, subdivision 2, is amended to read:
Subd. 2. [UNIQUE IDENTIFICATION NUMBER FOR INDIVIDUAL HEALTH
CARE PROVIDERS.] (a) On and after January 1, 1998, all group
purchasers and health care providers in Minnesota shall use a
unique identification number to identify an individual health
care provider, except as provided in paragraph (d)
(e).
(b) The uniform provider identification number (UPIN)
assigned by the Health Care Financing Administration first
eight digits of the national provider identifier maintained by
the federal Health Care Financing Administration's national
provider system shall be used as the unique identification
number for individual health care providers. Providers who do
not currently have a UPIN number shall request one from the
health care financing administration.
(c) Individual providers required to have a national provider identifier are:
(1) physicians licensed under chapter 147;
(2) dentists licensed under chapter 150A;
(3) chiropractors licensed under chapter 148;
(4) podiatrists licensed under chapter 153;
(5) physician assistants as defined under section 147A.01;
(6) advanced practice nurses as defined under section 62A.15;
(7) doctors of optometry licensed under section 148.57;
(8) individual providers who may bill Medicare for medical and other health services as defined in United States Code, title 42, section 1395x(s); and
(9) individual providers who are providers for state and federal health care programs administered by the commissioner of human services.
Providers shall obtain a national provider identifier from the federal Health Care Financing Administration using the Health Care Financing Administration's prescribed process.
(d) Only the unique individual health care provider identifier shall be used for purposes of submitting and receiving claims, and in conjunction with other data collection and reporting functions.
(d) (e) The state and federal health care
programs administered by the department of human services shall
use the unique identification number assigned to health care
providers for implementation of the Medicaid Management
Information System or the uniform provider identification
number (UPIN) assigned by the health care financing
administration national provider identifier maintained by
the federal Health Care Financing Administration.
(f) The commissioner of health may become a subscriber to the federal Health Care Financing Administration's national provider system to implement this subdivision.
Sec. 26. Minnesota Statutes 1995 Supplement, section 62J.54, subdivision 3, is amended to read:
Subd. 3. [UNIQUE IDENTIFICATION NUMBER FOR GROUP PURCHASERS.] (a) On and after January 1, 1998, all group purchasers and health care providers in Minnesota shall use a unique identification number to identify group purchasers.
(b) The federal tax identification number assigned to each
group purchaser by the Internal Revenue Service of the Department
of the Treasury payer identification number assigned for
the federal Health Care Financing Administration's PAYERID
system shall be used as the unique identification number for
group purchasers. This paragraph applies until the codes
described in paragraph (c) are available and feasible to use, as
determined by the commissioner.
(c) A two-part code, consisting of 11 characters and modeled
after the National Association of Insurance Commissioners company
code shall be assigned to each group purchaser and used as the
unique identification number for group purchasers. The first six
characters, or prefix, shall contain the numeric code, or company
code, assigned by the National Association of Insurance
Commissioners. The last five characters, or suffix, which is
optional, shall contain further codes that will enable group
purchasers to further route electronic transaction in their
internal systems. Group purchasers shall obtain a payer
identifier number from the federal Health Care Financing
Administration using the Health Care Financing Administration's
prescribed process.
(d) The unique group purchaser identifier, as described in this section, shall be used for purposes of submitting and receiving claims, and in conjunction with other data collection and reporting functions.
(e) The commissioner of health may become a registry user to the federal Health Care Financing Administration's PAYERID system to implement this subdivision.
Sec. 27. Minnesota Statutes 1994, section 62J.56, subdivision 2, is amended to read:
Subd. 2. [IDENTIFICATION OF CORE TRANSACTION SETS.] (a) All category I and II industry participants in Minnesota shall comply with the standards developed by the ANSI ASC X12 for the following core transaction sets, according to the implementation plan outlined for each transaction set.
(1) ANSI ASC X12 835 health care claim payment/advice transaction set.
(2) ANSI ASC X12 837 health care claim transaction set.
(3) ANSI ASC X12 834 health care enrollment transaction set.
(4) ANSI ASC X12 270/271 health care eligibility transaction set.
(5) ANSI ASC X12 276/277 health care claims status request/notification transaction set.
(b) The commissioner, with the advice of the Minnesota health data institute and the Minnesota administrative uniformity committee, and in coordination with federal efforts, may approve the use of new ASC X12 standards, or new versions of existing standards, as they become available, or other nationally recognized standards, where appropriate ASC X12 standards are not available for use. These alternative standards may be used during a transition period while ASC X12 standards are developed.
Sec. 28. Minnesota Statutes 1995 Supplement, section 62J.58, is amended to read:
62J.58 [IMPLEMENTATION OF STANDARD TRANSACTION SETS.]
Subdivision 1. [CLAIMS PAYMENT.] Six months from the date the
commissioner formally recommends the use of guides to implement
core transaction sets pursuant to section 62J.56, subdivision 3,
all category I industry participants and all category II industry
participants, except pharmacists, shall be able to submit or
accept, as appropriate, the ANSI ASC X12 835 health care claim
payment/advice transaction set (draft standard for trial use
version 3030/release 3051) for electronic
submission of payment information to health care providers.
Subd. 2. [CLAIMS SUBMISSION.] Six months from the date the
commissioner formally recommends the use of guides to implement
core transaction sets pursuant to section 62J.56, subdivision 3,
all category I and category II industry participants, except
pharmacists, shall be able to accept or submit, as appropriate,
the ANSI ASC X12 837 health care claim transaction set (draft
standard for trial use version 3030/release 3051)
for the electronic transfer of health care claim information.
Subd. 2a. [CLAIM STATUS INFORMATION.] Six months from the date the commissioner formally recommends the use of guides to implement core transaction sets under section 62J.56, subdivision 3, all category I and II industry participants, excluding pharmacists, may accept or submit the ANSI ASC X12 276/277 health care claim status transaction set (draft standard for trial use version/release 3051) for the electronic transfer of health care claim status information.
Subd. 3. [ENROLLMENT INFORMATION.] Six months from the date
the commissioner formally recommends the use of guides to
implement core transaction sets pursuant to section 62J.56,
subdivision 3, all category I and category II industry
participants, excluding pharmacists, shall be able to accept or
submit, as appropriate, the ANSI ASC X12 834 health care
enrollment transaction set (draft standard for trial use version
3030/release 3051) for the electronic transfer of
enrollment and health benefit information.
Subd. 4. [ELIGIBILITY INFORMATION.] Six months from the date
the commissioner formally recommends the use of guides to
implement core transaction sets pursuant to section 62J.56,
subdivision 3, all category I and category II industry
participants, except pharmacists, shall be able to accept or
submit, as appropriate, the ANSI ASC X12 270/271 health care
eligibility transaction set (draft standard for trial use version
3030/release 3051) for the electronic transfer of
health benefit eligibility information.
Subd. 5. [APPLICABILITY.] This section does not require a group purchaser, health care provider, or employer to use electronic data interchange or to have the capability to do so. This section applies only to the extent that a group purchaser, health care provider, or employer chooses to use electronic data interchange.
Sec. 29. Minnesota Statutes 1994, section 62J.60, subdivision 2, is amended to read:
Subd. 2. [GENERAL CHARACTERISTICS.] (a) The Minnesota health care identification card must be a preprinted card constructed of plastic, paper, or any other medium that conforms with ANSI and ISO 7810 physical characteristics standards. The card dimensions must also conform to ANSI and ISO 7810 physical characteristics standard. The use of a signature panel is optional.
(b) The Minnesota health care identification card must have an
essential information window in the front side with the following
data elements left justified in the following top to bottom
sequence: card issuer name, issuer claim
submission number, identification number, identification
name. No optional data may be interspersed between these data
elements. The window must be left justified.
(c) Standardized labels are required next to human readable data elements. The card issuer may decide the location of the standardized label relative to the data element.
Sec. 30. Minnesota Statutes 1994, section 62J.60, subdivision 3, is amended to read:
Subd. 3. [HUMAN READABLE DATA ELEMENTS.] (a) The following are the minimum human readable data elements that must be present on the front side of the Minnesota health care identification card:
(1) card issuer name or logo, which is the name or logo that identifies the card issuer. The card issuer name or logo may be the card's front background. No standard label is required for this data element;
(2) issuer claim submission number, which is
the unique card issuer number consisting of a base number
assigned by a registry process followed by a suffix number
assigned by the card issuer. The use of this element is
mandatory within one year of the establishment of a process for
this identifier. The standardized label for this element is
"Issuer Clm Subm #";
(3) identification number, which is the unique identification number of the individual card holder established and defined under this section. The standardized label for the data element is "ID";
(4) identification name, which is the name of the individual card holder. The identification name must be formatted as follows: first name, space, optional middle initial, space, last name, optional space and name suffix. The standardized label for this data element is "Name";
(5) account number(s), which is any other number, such as a group number, if required for part of the identification or claims process. The standardized label for this data element is "Account";
(6) care type, which is the description of the group purchaser's plan product under which the beneficiary is covered. The description shall include the health plan company name and the plan or product name. The standardized label for this data element is "Care Type";
(7) service type, which is the description of coverage provided such as hospital, dental, vision, prescription, or mental health. The standard label for this data element is "Svc Type"; and
(8) provider/clinic name, which is the name of the primary care clinic the cardholder is assigned to by the health plan company. The standard label for this field is "PCP." This information is mandatory only if the health plan company assigns a specific primary care provider to the cardholder.
(b) The following human readable data elements shall be present on the back side of the Minnesota health identification card. These elements must be left justified, and no optional data elements may be interspersed between them:
(1) claims submission name(s) and address(es), which are the name(s) and address(es) of the entity or entities to which claims should be submitted. If different destinations are required for different types of claims, this must be labeled;
(2) telephone number(s) and name(s); which are the telephone number(s) and name(s) of the following contact(s) with a standardized label describing the service function as applicable:
(i) eligibility and benefit information;
(ii) utilization review;
(iii) precertification; or
(iv) customer services.
(c) The following human readable data elements are mandatory on the back side of the card for health maintenance organizations and integrated service networks:
(1) emergency care authorization telephone number or instruction on how to receive authorization for emergency care. There is no standard label required for this information; and
(2) telephone number to call to appeal to the commissioner of health. There is no standard label required for this information.
(d) All human readable data elements not required under paragraphs (a) to (c) are optional and may be used at the issuer's discretion.
Sec. 31. Minnesota Statutes 1995 Supplement, section 62Q.03, subdivision 9, is amended to read:
Subd. 9. [DATA COLLECTION AND DATA PRIVACY.] The association
members shall not have access to unaggregated data on individuals
or health plan companies. The association shall develop, as a
part of the plan of operation, procedures for ensuring that data
is collected by an appropriate entity. The commissioners of
health and commerce shall have the authority to audit and examine
data collected by the association for the purposes of the
development and implementation of the risk adjustment system.
Data on individuals obtained for the purposes of risk adjustment
development, testing, and operation are designated as private
data. Data not on individuals which is obtained for the purposes
of development, testing, and operation of risk adjustment are
designated as nonpublic data., except for
that the proposed and approved plan of operation, the risk
adjustment methodologies examined, the plan for testing, the plan
of the risk adjustment system, minutes of meetings, and other
general operating information are classified as public data.
Nothing in this section is intended to prohibit the preparation
of summary data under section 13.05, subdivision 7. The
association, state agencies, and any contractors having access to
this data shall maintain it in accordance with this
classification. The commissioners of health and human services
have the authority to collect data from health plan companies as
needed for the purpose of developing a risk adjustment mechanism
for public programs.
Sec. 32. Minnesota Statutes 1994, section 144.225, subdivision 2, is amended to read:
Subd. 2. [DATA ABOUT BIRTHS.] (a) Except as otherwise provided in this subdivision, data pertaining to the birth of a child, to a woman who was not married to the child's father when the child was conceived nor when the child was born, including the original certificate of birth and the certified copy, are confidential data. At the time of the birth of a child to a woman who was not married to the child's father when the child was conceived nor when the child was born, the mother may designate on the birth registration form whether data pertaining to the birth will be public data. Notwithstanding the designation of the data as confidential, it may be disclosed to a parent or guardian of the child, to the child when the child is 18 years of age or older, pursuant to a court order, or under paragraph (b).
(b) Unless the child is adopted, data pertaining to the birth of a child that are not accessible to the public become public data if 100 years have elapsed since the birth of the child who is the subject of the data, or as provided under section 13.10, whichever occurs first.
(c) If a child is adopted, data pertaining to the child's birth are governed by the provisions relating to adoption records, including sections 13.10, subdivision 5; 144.1761; 144.218, subdivision 1; and 259.89. The birth and death records of the commissioner of health shall be open to inspection by the commissioner of human services and it shall not be necessary for the commissioner of human services to obtain an order of the court in order to inspect records or to secure certified copies of them.
(d) The name and address of a mother under paragraph (a) and the child's date of birth may be disclosed to a family services collaborative for purposes of providing services under section 121.8355.
Sec. 33. Minnesota Statutes 1994, section 144.225, is amended by adding a subdivision to read:
Subd. 6. [GROUP PURCHASER IDENTITY; NONPUBLIC DATA; DISCLOSURE.] (a) Except as otherwise provided in this subdivision, the named identity of a group purchaser as defined in section 62J.03, subdivision 6, collected in association with birth registration is nonpublic data as defined in section 13.02.
(b) The commissioner may publish, or by other means release to the public, the named identity of a group purchaser as part of an analysis of information collected from the birth registration process. Analysis means the identification of trends in prenatal care and birth outcomes associated with group purchasers. The commissioner may not reveal the named identity of the group purchaser until the group purchaser has had 21 days after receipt of the analysis to review the analysis and comment on it. In releasing data under this subdivision, the commissioner shall include comments received from the group purchaser related to the scientific soundness and statistical validity of the methods used in the analysis. This subdivision does not authorize the commissioner to make public any individual identifying data except as permitted by law.
(c) A group purchaser may contest whether an analysis made public under paragraph (b) is based on scientifically sound and statistically valid methods in a contested case proceeding under sections 14.57 to 14.62, subject to appeal under sections 14.63 to 14.68. To obtain a contested case hearing, the group purchaser must present a written request to the commissioner before the end of the time period for review and comment. Within ten days of the assignment of an administrative law judge, the group purchaser must demonstrate by clear and convincing evidence the group purchaser's likelihood of succeeding on the merits. If the judge determines that the group purchaser has made this demonstration, the data may not be released during the contested case proceeding and through appeal. If the judge finds that the group purchaser has not made this demonstration, the commissioner may immediately publish, or otherwise make public, the nonpublic group purchaser data, with comments received as set forth in paragraph (b).
(d) The contested case proceeding and subsequent appeal is not an exclusive remedy and any person may seek a remedy pursuant to section 13.08, subdivisions 1 to 4, or as otherwise authorized by law.
Sec. 34. Minnesota Statutes 1995 Supplement, 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) or (d), 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 Notwithstanding paragraph (a), health
records may be released to qualified personnel solely for
purposes of medical or scientific research only as
follows:
(1) for health records generated before January 1, 1997, if the patient has not objected and does not object;
(2) for health records generated on or after January 1, 1997, the provider must:
(i) disclose in writing to patients that health records may be released and that the patient may object; and
(ii) obtain the patient's written general authorization which does not expire but may be revoked or limited at any time by the patient or the patient's authorized representative.
In making a release for research purposes and the
provider who releases the records makes shall make
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 145.64, is amended by adding a subdivision, to read:
Subd. 3. [HENNEPIN COUNTY EMERGENCY SERVICES DATA.] The following data collected, created, or maintained by the quality committee of the Hennepin county emergency medical services advisory council when conducting a health care review activity of the emergency medical services function or services are private data on individuals or nonpublic data not on individuals:
(1) minutes of the quality committee of the Hennepin county emergency medical services advisory council;
(2) recorded conversations of committee meetings;
(3) recorded audio telephone or radio transmissions between emergency medical ambulance personnel in the ambulance, at the scene of the medical emergency, and physicians at the medical control hospital;
(4) written communications logs of the medical resource control center regarding medical and operational radio communications;
(5) computer-captured, computer-stored, computer-transferred, and computer-processed prehospital operational and medical data relating to a patient or service;
(6) ambulance service-specific reports, analysis, and comparisons as documented and reported by each ambulance service run contained on the Hennepin county prehospital data collection form;
(7) exception reports data indicating deficiencies in ambulance staffing;
(8) data documenting emergency response or transport by a basic life support ambulance;
(9) data documenting emergency response to a scheduled ambulance transport;
(10) operation-related information that is provided by emergency medical services providers;
(11) ambulance service report data provided by emergency medical service providers; and
(12) emergency ambulance service request data collected by the dispatch service regarding an emergency medical services run that provides operational, geographic, response time, hospital, address, and dispatcher information for each ambulance response request.
Sec. 36. Minnesota Statutes 1994, section 148B.66, is amended by adding a subdivision to read:
Subd. 3. [EXCHANGING INFORMATION.] (a) The office of mental health practice shall establish internal operating procedures for:
(1) exchanging information with state boards; agencies, including the office of ombudsman for mental health and mental retardation; health related and law enforcement facilities; departments responsible for licensing health-related occupations, facilities, and programs; and law enforcement personnel in this and other states; and
(2) coordinating investigations involving matters within the jurisdiction of more than one regulatory agency.
Establishment of the operating procedures is not subject to rulemaking under chapter 14.
(b) The procedures for exchanging information must provide for the forwarding to the entities described in paragraph (a), clause (1), of information and evidence, including the results of investigations, that are relevant to matters within the regulatory jurisdiction of the organizations in paragraph (a). The data have the same classification in the hands of the agency receiving the data as they have in the hands of the agency providing the data.
(c) The office of mental health practice shall establish procedures for exchanging information with other states regarding disciplinary action against licensed and unlicensed mental health practitioners.
(d) The office of mental health practice shall forward to another governmental agency any complaints received by the office that do not relate to the office's jurisdiction but that relate to matters within the jurisdiction of the other governmental agency. The agency to which a complaint is forwarded shall advise the office of mental health practice
of the disposition of the complaint. A complaint or other information received by another governmental agency relating to a statute or rule that the office of mental health practice is empowered to enforce must be forwarded to the office to be processed in accordance with this section.
(e) The office of mental health practice shall furnish to a person who made a complaint a description of the actions of the office relating to the complaint.
Sec. 37. Minnesota Statutes 1994, section 148B.69, is amended by adding a subdivision to read:
Subd. 2a. [ACCESS TO CRIMINAL DATA.] In matters relating to the lawful activities of the office of mental health practice, the following agencies or persons may provide to the office, upon its request, arrest, investigative, or conviction information for review and copying:
(1) the bureau of criminal apprehension;
(2) a county attorney, county sheriff, or county agency;
(3) a local chief of police;
(4) another state;
(5) a court; or
(6) a national criminal record repository.
Sec. 38. Minnesota Statutes 1994, section 168.345, subdivision 3, is amended to read:
Subd. 3. [REQUESTS FOR INFORMATION; SURCHARGE ON FEE.] Except as otherwise provided in subdivision 4, the commissioner shall impose a surcharge of 50 cents on each fee charged by the commissioner under section 13.03, subdivision 3, for copies or electronic transmittal of public information concerning motor vehicle registrations. This surcharge only applies to a fee imposed in responding to a request made in person or by mail, or to a request for transmittal through a computer modem. The surcharge does not apply to the request of an individual for information concerning vehicles registered in that individual's name. The commissioner shall forward the surcharges collected under this subdivision to the commissioner of finance on a monthly basis. Upon receipt, the commissioner of finance shall credit the surcharges to the general fund.
Sec. 39. Minnesota Statutes 1994, section 168.345, is amended by adding a subdivision to read:
Subd. 4. [EXCEPTION TO FEE AND SURCHARGE.] Notwithstanding subdivision 3 or section 13.03, no fee or surcharge shall be imposed in responding to a request for public information concerning motor vehicle registrations if the requester gives the commissioner a signed statement that:
(1) the requester seeks the information on behalf of a community-based, nonprofit organization which has been designated by the local law enforcement agency to be a requester; and
(2) the information is needed in order to identify suspected prostitution law violators, controlled substance law violators, or health code violators.
The commissioner may not require a requester to make a certain minimum number of data requests nor limit a requester to a certain maximum number of data requests.
Sec. 40. Minnesota Statutes 1994, section 168.346, is amended to read:
168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.]
(a) The registered owner of a motor vehicle may request in writing that the owner's residence address or name and residence address be classified as private data on individuals, as defined in section 13.02, subdivision 12. The commissioner shall grant the classification upon receipt of a signed statement by the owner that the classification is required for the safety of the owner or the owner's family, if the statement also provides a valid, existing address where the owner consents to receive service of process. The commissioner shall use the mailing address in place of
the residence address in all documents and notices pertaining to the motor vehicle. The residence address or name and residence address and any information provided in the classification request, other than the mailing address, are private data on individuals and may be provided to requesting law enforcement agencies, probation and parole agencies, and public authorities, as defined in section 518.54, subdivision 9.
(b) An individual registered owner of a motor vehicle must be informed in a clear and conspicuous manner on the forms for issuance or renewal of titles and registrations, that the owner's personal information may be disclosed to any person who makes a request for the personal information, and that, except for uses permitted by United States Code, title 18, section 2721, clause (b), or section 168.345, subdivision 4, the registered owner may prohibit disclosure of the personal information by so indicating on the form.
(c) At the time of registration or renewal, the individual registered owner of a motor vehicle must also be informed in a clear and conspicuous manner on the forms that the owner's personal information may be used, rented, or sold solely for bulk distribution by organizations for business purposes including surveys, marketing, and solicitation, and that the registered owner may prohibit disclosure of the personal information by so indicating on the form. The commissioner also shall implement methods and procedures that enable the registered owner to request that bulk surveys, marketing, or solicitation not be directed to the owner. If the registered owner so requests, the commissioner shall implement the request in a timely manner and the personal information may not be so used.
(d) To the extent permitted by United States Code, title 18, section 2721, data on individuals provided to register a motor vehicle is public data on individuals and shall be disclosed as permitted by United States Code, title 18, section 2721, clause (b).
Sec. 41. Minnesota Statutes 1994, section 171.12, subdivision 7, is amended to read:
Subd. 7. [PRIVACY OF RESIDENCE ADDRESS.] (a) An applicant for a driver's license or a Minnesota identification card may request that the applicant's residence address be classified as private data on individuals, as defined in section 13.02, subdivision 12. The commissioner shall grant the classification upon receipt of a signed statement by the individual that the classification is required for the safety of the applicant or the applicant's family, if the statement also provides a valid, existing address where the applicant consents to receive service of process. The commissioner shall use the mailing address in place of the residence address in all documents and notices pertaining to the driver's license or identification card. The residence address and any information provided in the classification request, other than the mailing address, are private data on individuals and may be provided to requesting law enforcement agencies, probation and parole agencies, and public authorities, as defined in section 518.54, subdivision 9.
(b) An applicant for a driver's license or a Minnesota identification card must be informed in a clear and conspicuous manner on the forms for the issuance or renewal that the applicant's personal information may be disclosed to any person who makes a request for the personal information, and that, except for uses permitted by United States Code, title 18, section 2721, clause (b), the applicant may prohibit disclosure of the personal information by so indicating on the form.
(c) An applicant for a driver's license or a Minnesota identification card must be also informed in a clear and conspicuous manner on the forms that the applicant's personal information may be used, rented, or sold solely for bulk distribution by organizations for business purposes, including surveys, marketing, or solicitation, and that the applicant may prohibit disclosure of the personal information by so indicating on the form. The commissioner also shall implement methods and procedures that enable the applicant to request that bulk surveys, marketing, or solicitation not be directed to the applicant. If the applicant so requests, the commissioner shall implement the request in a timely manner and the personal information may not be so used.
(d) To the extent permitted by United States Code, title 18, section 2721, data on individuals provided to obtain a Minnesota identification card or a driver's license is public data on individuals and shall be disclosed as permitted by United States Code, title 18, section 2721, clause (b).
Sec. 42. Minnesota Statutes 1994, section 171.12, is amended by adding a subdivision to read:
Subd. 7a. [DISCLOSURE OF PERSONAL INFORMATION.] The commissioner shall disclose personal information where the use is related to the operation of a motor vehicle, including personal injury or property damage caused by the motor vehicle, or to public safety, including public dissemination. The use of personal information is related to public safety if it concerns the physical safety or security of drivers, vehicles, pedestrians, or property.
Sec. 43. Minnesota Statutes 1995 Supplement, section 256.998, subdivision 7, is amended to read:
Subd. 7. [ACCESS TO DATA.] The commissioner of human services shall retain the information reported to the work reporting system for a period of six months. Data in the work reporting system may be disclosed to the public authority responsible for child support enforcement, federal agencies, the department of economic security for the purposes of detecting and preventing reemployment insurance fraud and for determining and reporting outcomes of employment and training programs, and state and local agencies of other states for the purposes of enforcing state and federal laws governing child support.
Sec. 44. Minnesota Statutes 1994, section 260.161, subdivision 1, is amended to read:
Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] (a) The juvenile
court judge shall keep such minutes and in such manner as the
court deems necessary and proper. Except as provided in
paragraph (b), the court shall keep and maintain records
pertaining to delinquent adjudications until the person reaches
the age of 28 years and shall release the records on an
individual to another juvenile court that has jurisdiction of the
juvenile, to a requesting adult court for purposes of sentencing,
or to an adult court or juvenile court as required by the right
of confrontation of either the United States Constitution or the
Minnesota Constitution. The juvenile court shall provide, upon
the request of any other juvenile court, copies of the records
concerning adjudications involving the particular child. The
court also may provide copies of records concerning delinquency
adjudications, on request, to law enforcement agencies, probation
officers, and corrections agents if the court finds that
providing these records serves public safety or is in the best
interests of the child. The records have the same data
classification in the hands of the agency receiving them as they
had in the hands of the court.
The court shall also keep an index in which files pertaining to juvenile matters shall be indexed under the name of the child. After the name of each file shall be shown the file number and, if ordered by the court, the book and page of the register in which the documents pertaining to such file are listed. The court shall also keep a register properly indexed in which shall be listed under the name of the child all documents filed pertaining to the child and in the order filed. The list shall show the name of the document and the date of filing thereof. The juvenile court legal records shall be deposited in files and shall include the petition, summons, notice, findings, orders, decrees, judgments, and motions and such other matters as the court deems necessary and proper. Unless otherwise provided by law, all court records shall be open at all reasonable times to the inspection of any child to whom the records relate, and to the child's parent and guardian.
(b) The court shall retain records of the court finding that a
juvenile committed an act that would be a violation of, or an
attempt to violate, section 609.342, 609.343, 609.344, or
609.345, felony or gross misdemeanor level offense
until the offender reaches the age of 28. If the offender
commits another violation of sections 609.342 to 609.345
a felony as an adult, or the court convicts a child as an
extended jurisdiction juvenile, the court shall retain the
juvenile records for as long as the records would have been
retained if the offender had been an adult at the time of the
juvenile offense. This paragraph does not apply unless the
juvenile was provided counsel as required by section 260.155,
subdivision 2.
Sec. 45. Minnesota Statutes 1994, section 260.161, subdivision 1a, is amended to read:
Subd. 1a. [RECORD OF ADJUDICATIONS; NOTICE TO BUREAU OF
CRIMINAL APPREHENSION FINDINGS.] (a) The juvenile
court shall forward to the bureau of criminal apprehension,
the sentencing guidelines commission, and the department of
corrections the following data on all juveniles
adjudicated delinquent for having alleged to have
committed felony-level criminal sexual conduct felony
or gross misdemeanor level offenses:
(1) the name and birth date of the juvenile, including any of the juvenile's known aliases or street names;
(2) the type of act for which the juvenile was
adjudicated delinquent alleged to have committed
and date of the offense; and
(3) the date and county of the adjudication court's
finding; and
(4) the court's finding and case disposition.
(b) The bureau, the sentencing guidelines commission, and the department of corrections shall retain data on a juvenile not found to have committed the alleged felony or gross misdemeanor level offense until the juvenile reaches the age of 18.
(c) The bureau, the sentencing guidelines commission,
and the department of corrections shall retain data on a
juvenile found to have committed a felony or gross misdemeanor
level offense until the offender reaches the age of 28. If
the offender commits another a felony violation
of sections 609.342 to 609.345 as an adult, the bureau,
the sentencing guidelines commission, and the department of
corrections shall retain the data for as long as the data
would have been retained if the offender had been an adult at the
time of the juvenile offense.
(c) (d) The juvenile court shall forward to the
bureau, the sentencing guidelines commission, and the
department of corrections the following data on individuals
convicted as extended jurisdiction juveniles:
(1) the name and birthdate of the offender, including any of the juvenile's known aliases or street names;
(2) the crime committed by the offender and the date of the
crime; and
(3) the date and county of the conviction; and
(4) the case disposition.
The court shall notify the bureau, the sentencing guidelines commission, and the department of corrections whenever it executes an extended jurisdiction juvenile's adult sentence under section 260.126, subdivision 5.
(d) (e) The bureau, the sentencing guidelines
commission, and the department of corrections shall retain
the extended jurisdiction juvenile data for as long as the data
would have been retained if the offender had been an adult at the
time of the offense. Data retained on individuals under this
subdivision are private data under section 13.02, except that
extended jurisdiction juvenile data becomes public data under
section 13.87, subdivision 2, when the juvenile court notifies
the bureau that the individual's adult sentence has been executed
under section 260.126, subdivision 5.
Sec. 46. Minnesota Statutes 1995 Supplement, section 260.161, subdivision 3, is amended to read:
Subd. 3. [PEACE OFFICER AND CORRECTIONAL RECORDS OF CHILDREN.] (a) Except for records relating to an offense where proceedings are public under section 260.155, subdivision 1, peace officers' records of children who are or may be delinquent or who may be engaged in criminal acts shall be kept separate from records of persons 18 years of age or older and are private data but shall be disseminated: (1) by order of the juvenile court, (2) as required by section 126.036, (3) as authorized under section 13.82, subdivision 2, (4) to the child or the child's parent or guardian unless disclosure of a record would interfere with an ongoing investigation, or (5) as otherwise provided in this subdivision. Except as provided in paragraph (c), no photographs of a child taken into custody may be taken without the consent of the juvenile court unless the child is alleged to have violated section 169.121 or 169.129. Peace officers' records containing data about children who are victims of crimes or witnesses to crimes must be administered consistent with section 13.82, subdivisions 2, 3, 4, and 10. Any person violating any of the provisions of this subdivision shall be guilty of a misdemeanor.
In the case of computerized records maintained about juveniles by peace officers, the requirement of this subdivision that records about juveniles must be kept separate from adult records does not mean that a law enforcement agency must keep its records concerning juveniles on a separate computer system. Law enforcement agencies may keep juvenile records on the same computer as adult records and may use a common index to access both juvenile and adult records so long as the agency has in place procedures that keep juvenile records in a separate place in computer storage and that comply with the special data retention and other requirements associated with protecting data on juveniles.
(b) Nothing in this subdivision prohibits the exchange of information by law enforcement agencies if the exchanged information is pertinent and necessary to the requesting agency in initiating, furthering, or completing a criminal investigation.
(c) A photograph may be taken of a child taken into custody pursuant to section 260.165, subdivision 1, clause (b), provided that the photograph must be destroyed when the child reaches the age of 19 years. If the child is taken into custody for allegedly committing a felony or gross misdemeanor-level delinquent act and is detained in a secure detention facility, the facility must take the child's fingerprints and booking photograph as required by section 299C.10, subdivision 1. The commissioner of corrections may photograph juveniles whose legal custody is transferred to the commissioner. Photographs of juveniles authorized by this paragraph may be used only for institution management purposes, case supervision by parole agents, and to assist law enforcement agencies to apprehend juvenile offenders. The commissioner shall maintain photographs of juveniles in the same manner as juvenile court records and names under this section.
(d) Traffic investigation reports are open to inspection by a person who has sustained physical harm or economic loss as a result of the traffic accident. Identifying information on juveniles who are parties to traffic accidents may be disclosed as authorized under section 13.82, subdivision 4, and accident reports required under section 169.09 may be released under section 169.09, subdivision 13, unless the information would identify a juvenile who was taken into custody or who is suspected of committing an offense that would be a crime if committed by an adult, or would associate a juvenile with the offense, and the offense is not a minor traffic offense under section 260.193.
(e) A law enforcement agency shall notify the principal or chief administrative officer of a juvenile's school of an incident occurring within the agency's jurisdiction if:
(1) the agency has probable cause to believe that the juvenile has committed an offense that would be a crime if committed as an adult, that the victim of the offense is a student or staff member of the school, and that notice to the school is reasonably necessary for the protection of the victim; or
(2) the agency has probable cause to believe that the juvenile has committed an offense described in subdivision 1b, paragraph (a), clauses (1) to (3), that would be a crime if committed by an adult, regardless of whether the victim is a student or staff member of the school.
A law enforcement agency is not required to notify the school under this paragraph if the agency determines that notice would jeopardize an ongoing investigation. Notwithstanding section 138.17, data from a notice received from a law enforcement agency under this paragraph 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. For purposes of this paragraph, "school" means a public or private elementary, middle, or secondary school.
(f) In any county in which the county attorney operates or authorizes the operation of a juvenile prepetition or pretrial diversion program, a law enforcement agency or county attorney's office may provide the juvenile diversion program with data concerning a juvenile who is a participant in or is being considered for participation in the program.
(g) Upon request of a local social service agency, peace officer records of children who are or may be delinquent or who may be engaged in criminal acts may be disseminated to the agency to promote the best interests of the subject of the data.
Sec. 47. Minnesota Statutes 1995 Supplement, section 268.12, subdivision 12, is amended to read:
Subd. 12. [INFORMATION.] Except as hereinafter otherwise
provided, data gathered from any employing unit or individual
pursuant to the administration of sections 268.03 to 268.231, and
from any determination as to the benefit rights of any individual
are private data on individuals or nonpublic data not on
individuals as defined in section 13.02, subdivisions 9 and 12,
and may not be disclosed except pursuant to this subdivision
or a court order section 13.05. These data may be
disseminated to and used by the following agencies without the
consent of the subject of the data:
(a) state and federal agencies specifically authorized access to the data by state or federal law;
(b) any agency of this or any other state; or any federal agency charged with the administration of an employment security law or the maintenance of a system of public employment offices;
(c) local human rights groups within the state which have enforcement powers;
(d) the department of revenue shall have access to department of economic security private data on individuals and nonpublic data not on individuals only to the extent necessary for enforcement of Minnesota tax laws;
(e) public and private agencies responsible for administering publicly financed assistance programs for the purpose of monitoring the eligibility of the program's recipients;
(f) the department of labor and industry on an interchangeable basis with the department of economic security subject to the following limitations and notwithstanding any law to the contrary:
(1) the department of economic security shall have access to private data on individuals and nonpublic data not on individuals for uses consistent with the administration of its duties under sections 268.03 to 268.231; and
(2) the department of labor and industry shall have access to private data on individuals and nonpublic data not on individuals for uses consistent with the administration of its duties under state law;
(g) the department of trade and economic development may have access to private data on individual employing units and nonpublic data not on individual employing units for its internal use only; when received by the department of trade and economic development, the data remain private data on individuals or nonpublic data;
(h) local and state welfare agencies for monitoring the eligibility of the data subject for assistance programs, or for any employment or training program administered by those agencies, whether alone, in combination with another welfare agency, or in conjunction with the department of economic security;
(i) local, state, and federal law enforcement agencies for the sole purpose of ascertaining the last known address and employment location of the data subject, provided the data subject is the subject of a criminal investigation; and
(j) the department of health may have access to private data on individuals and nonpublic data not on individuals solely for the purposes of epidemiologic investigations.
Data on individuals and employing units which are collected, maintained, or used by the department in an investigation pursuant to section 268.18, subdivision 3, are confidential as to data on individuals and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3 and 13, and shall not be disclosed except pursuant to statute or court order or to a party named in a criminal proceeding, administrative or judicial, for preparation of a defense.
Tape recordings and transcripts of recordings of proceedings conducted in accordance with section 268.105 and exhibits received into evidence at those proceedings are private data on individuals and nonpublic data not on individuals and shall be disclosed only pursuant to the administration of section 268.105, or pursuant to a court order.
Aggregate data about employers compiled from individual job orders placed with the department of economic security are private data on individuals and nonpublic data not on individuals as defined in section 13.02, subdivisions 9 and 12, if the commissioner determines that divulging the data would result in disclosure of the identity of the employer. The general aptitude test battery and the nonverbal aptitude test battery as administered by the department are also classified as private data on individuals or nonpublic data.
Data on individuals collected, maintained, or created because an individual applies for benefits or services provided by the energy assistance and weatherization programs administered by the department of economic security is private data on individuals and shall not be disseminated except pursuant to section 13.05, subdivisions 3 and 4.
Data gathered by the department pursuant to the administration of sections 268.03 to 268.231 shall not be made the subject or the basis for any suit in any civil proceedings, administrative or judicial, unless the action is initiated by the department.
The department may enter into an agreement to provide electronic access to employment and wage information on an individual to a third party, if the individual who is the subject of the information has consented to its release to the party.
Sec. 48. Minnesota Statutes 1995 Supplement, section 299A.61, is amended to read:
299A.61 [CRIMINAL ALERT NETWORK.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of public safety, in cooperation with the commissioner of administration, shall develop and maintain an integrated criminal alert network to facilitate the communication of crime prevention information by electronic means among state agencies, law enforcement officials, and the private sector. The network shall disseminate data regarding the commission of crimes, including information on missing and endangered children, and attempt to reduce theft and other crime by the use of electronic transmission of information.
Subd. 2. [DATA ON MEMBERS.] Data that identify individuals or businesses as members of the criminal alert network, including names, addresses, and telephone and fax numbers, are private data on individuals or nonpublic data, as defined in section 13.02, subdivision 9 or 12.
Sec. 49. Minnesota Statutes 1994, section 299C.095, is amended to read:
299C.095 [SYSTEM FOR IDENTIFICATION OF ADJUDICATED
JUVENILES JUVENILE OFFENDERS.]
The bureau shall establish a system for recording the data
on adjudicated juveniles received from the juvenile courts under
section 260.161, subdivision 1a administer and maintain
the computerized juvenile criminal history record system.
The data in the system are private data as defined in section
13.02, subdivision 12, but are accessible to
criminal justice agencies as defined in section 13.02, subdivision 3a, to all trial courts and appellate courts, and to a person who has access to the juvenile court records as provided in section 260.161 or under court rule.
Sec. 50. Minnesota Statutes 1995 Supplement, section 299C.10, subdivision 1, is amended to read:
Subdivision 1. [LAW ENFORCEMENT DUTY.] (a) It is hereby made
the duty of the sheriffs of the respective counties
and, of the police officers in cities of the first,
second, and third classes, under the direction of the chiefs of
police in such cities, and of community corrections agencies
operating secure juvenile detention facilities to take or
cause to be taken immediately finger and thumb prints,
photographs, distinctive physical mark identification data, and
such other identification data as may be requested or required by
the superintendent of the bureau; of all persons arrested for a
felony, gross misdemeanor, of all juveniles committing felonies
as distinguished from those committed by adult offenders, of all
persons reasonably believed by the arresting officer to be
fugitives from justice, of all persons in whose possession, when
arrested, are found concealed firearms or other dangerous
weapons, burglar tools or outfits, high-power explosives, or
articles, machines, or appliances usable for an unlawful purpose
and reasonably believed by the arresting officer to be intended
for such purposes, and within 24 hours thereafter to forward such
fingerprint records and other identification data on such forms
and in such manner as may be prescribed by the superintendent of
the bureau of criminal apprehension.
(b) Effective August 1, 1997, the identification reporting requirements shall also apply to persons committing misdemeanor offenses, including violent and enhanceable crimes, and juveniles committing gross misdemeanors. In addition, the reporting requirements shall include any known aliases or street names of the offenders.
Sec. 51. Minnesota Statutes 1994, section 299C.46, subdivision 2, is amended to read:
Subd. 2. [CRIMINAL JUSTICE AGENCY DEFINED.] For the purposes
of sections 299C.46 to 299C.49, "criminal justice agency"
shall mean means an agency of the state or an
agency of a political subdivision charged with detection,
enforcement, prosecution, adjudication or incarceration in
respect to the criminal or traffic laws of this state. This
definition also includes all sites identified and licensed as a
detention facility by the commissioner of corrections under
section 241.021.
Sec. 52. [EFFECTIVE DATE.]
Sections 45, 46, and 50 are effective August 1, 1996, and apply to offenses occurring on or after that date.
Section 1. Minnesota Statutes 1994, section 13.99, subdivision 19c, is amended to read:
Subd. 19c. [DATA ANALYSIS DATA.] Data collected by the data analysis unit are classified under section 62J.30, subdivision 7. Data collected for purposes of sections 62J.301 to 62J.42 that identify patients or providers are classified under section 62J.321, subdivision 5.
Sec. 2. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:
Subd. 19i. [HEALTH DATA INSTITUTE.] Health data institute data are classified under section 62J.452, subdivision 2.
Sec. 3. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:
Subd. 19j. [ESSENTIAL COMMUNITY PROVIDER.] Data on applications for designation as an essential community provider are classified under section 62Q.19, subdivision 2.
Sec. 4. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:
Subd. 20c. [SELF-INSURERS ADVISORY COMMITTEE.] Data received by the self-insurers' advisory committee from the commissioner is classified under section 79A.02, subdivision 2.
Sec. 5. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:
Subd. 21e. [EXCLUSION OF WASTE MATERIALS.] Data included in a document submitted by a transfer station under section 115A.84, subdivision 5, is classified under that subdivision.
Sec. 6. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:
Subd. 28b. [NURSING HOME RESIDENTS.] Access to certain data on assessments of care and services to nursing home residents is governed by section 144.0721, subdivision 2.
Sec. 7. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:
Subd. 31a. [VITAL RECORDS.] Physical access to vital records is governed by section 144.225, subdivision 1.
Sec. 8. Minnesota Statutes 1995 Supplement, section 13.99, subdivision 38b, is amended to read:
Subd. 38b. [LEAD EXPOSURE DATA.] Data on individuals exposed
to lead in their residences are classified under section
sections 144.874, subdivision 1, 144.9502, subdivision
9, and 144.9504, subdivision 2.
Sec. 9. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:
Subd. 42b. [REPORT OF VIOLATIONS.] Certain reports of violations submitted to the board of medical practice are classified under section 147.121.
Sec. 10. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:
Subd. 85a. [CERTIFICATE OF VALUE.] Data in a real estate certificate of value filed with the county auditor is classified under section 272.115, subdivision 1.
Sec. 11. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:
Subd. 86a. [POLITICAL CONTRIBUTION REFUND.] Certain political contribution refund data in the revenue department are classified under section 290.06, subdivision 23.
Sec. 12. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:
Subd. 86b. [GROSS EARNINGS TAXES.] Certain patient data provided to the department of revenue under chapter 295 are classified under section 295.57, subdivision 2.
Sec. 13. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:
Subd. 92g. [LOTTERY PRIZE WINNER.] Certain data on lottery prize winners are classified under section 349A.08, subdivision 9.
Sec. 14. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:
Subd. 100a. [CHILD SUPPORT ATTORNEYS.] Certain data provided by an applicant or recipient of child support enforcement services are classified under section 518.255."
Delete the title and insert:
"A bill for an act relating to privacy; providing for the classification of and access to government data; indexing statutes that restrict data access and are located outside chapter 13; defining criminal justice agency; authorizing disclosure of certain personnel data to government entities for protection purposes; authorizing the release and disclosure of certain data to the department of children, families, and learning and the commissioner of health; modifying the requirements for health care provider identification numbers; establishing procedures for disclosing certain nonpublic data related to group purchasers; requiring the office of mental health practice to establish procedures for the exchange of information; providing that no fee or surcharge may be imposed for requests for public information concerning motor vehicle registration; requiring the juvenile court to forward to the bureau of criminal apprehension, sentencing guidelines commission, and the department of corrections certain data relating to juveniles alleged to have committed crimes; classifying data that identifies members of the criminal alert network; requiring the bureau of criminal apprehension to maintain the computerized juvenile criminal history record system; amending Minnesota Statutes 1994, sections 13.02, by adding a subdivision; 13.32, subdivisions 3 and 5; 13.37, subdivisions 1
and 2; 13.40, subdivision 2; 13.43, by adding a subdivision; 13.82, subdivision 13, and by adding a subdivision; 13.87, subdivisions 1 and 2; 13.99, subdivision 19c, and by adding subdivisions; 62J.51, by adding subdivisions; 62J.56, subdivision 2; 62J.60, subdivisions 2 and 3; 144.225, subdivision 2, and by adding a subdivision; 145.64, by adding a subdivision; 148B.66, by adding a subdivision; 148B.69, by adding a subdivision; 168.345, subdivision 3, and by adding a subdivision; 168.346; 171.12, subdivision 7, and by adding a subdivision; 260.161, subdivisions 1 and 1a; 299C.095; and 299C.46, subdivision 2; Minnesota Statutes 1995 Supplement, sections 13.43, subdivision 2; 13.46, subdivision 2; 13.99, subdivision 38b; 62J.451, subdivisions 7, 9, and 12; 62J.54, subdivisions 1, 2, and 3; 62J.58; 62Q.03, subdivision 9; 144.335, subdivision 3a; 256.998, subdivision 7; 260.161, subdivision 3; 268.12, subdivision 12; 299A.61; and 299C.10, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 13."
The motion prevailed and the amendment was adopted.
The Speaker called Trimble to the Chair.
Hasskamp offered an amendment to S. F. No. 2410, as amended.
Dehler raised a point of order pursuant to rule 3.09 that the Hasskamp amendment was not in order . Speaker pro tempore Trimble ruled the point of order well taken and the amendment out of order.
Jefferson and Dawkins moved to amend S. F. No. 2410, as amended, as follows:
Pages 38 to 39, delete section 45 and insert:
"Sec. 45. Minnesota Statutes 1994, section 260.161, subdivision 1a, is amended to read:
Subd. 1a. [RECORD OF ADJUDICATIONS; NOTICE TO BUREAU OF
CRIMINAL APPREHENSION FINDINGS.] (a) The juvenile
court shall forward to the Bureau of Criminal Apprehension the
following data on juveniles adjudicated delinquent for having
committed felony-level criminal sexual conduct in juvenile
petitions involving felony- or gross misdemeanor-level
offenses:
(1) the name and birth date of the juvenile;
(2) the type of act for which the juvenile was
adjudicated delinquent petitioned and date of the
offense; and
(3) the date and county of the adjudication where the
petition was filed.
(b) Upon completion of the court proceedings, the court shall forward the court's finding and case disposition to the bureau. Notwithstanding section 138.17, if the petition was dismissed or the juvenile was not found to have committed a gross misdemeanor or felony-level offense, the bureau and a person who received the data from the bureau shall destroy all data relating to the petition. The bureau shall notify a person who received the data that the data must be destroyed.
(c) The bureau shall retain data on a juvenile found
to have committed a felony- or gross misdemeanor-level
offense until the offender reaches the age of 28. If the
offender commits another a felony violation of
sections 609.342 to 609.345 as an adult, the bureau shall
retain the data for as long as the data would have been retained
if the offender had been an adult at the time of the juvenile
offense.
(c) (d) The juvenile court shall forward to the
bureau, the sentencing guidelines commission, and the
department of corrections the following data on individuals
convicted as extended jurisdiction juveniles:
(1) the name and birthdate of the offender;
(2) the crime committed by the offender and the date of the
crime; and
(3) the date and county of the conviction; and
(4) the case disposition.
The court shall notify the bureau, the sentencing guidelines commission, and the department of corrections whenever it executes an extended jurisdiction juvenile's adult sentence under section 260.126, subdivision 5.
(d) (e) The bureau, sentencing guidelines
commission, and the department of corrections shall retain
the extended jurisdiction juvenile data for as long as the data
would have been retained if the offender had been an adult at the
time of the offense. Data retained on individuals under this
subdivision are private data under section 13.02, except that
extended jurisdiction juvenile data becomes public data under
section 13.87, subdivision 2, when the juvenile court notifies
the bureau that the individual's adult sentence has been executed
under section 260.126, subdivision 5."
Page 45, line 24, before "The" insert "(a)"
Page 45, after line 33, insert:
"(b) The bureau shall not disseminate a juvenile history record in connection with a background check required by statute or rule and performed on a licensee, license applicant, or employment applicant. A consent for release of information from an individual who is the subject of a juvenile history is not effective and the bureau shall not release a juvenile history record and shall not release information in a manner that reveals the existence of the record. This provision does not apply to background checks performed under section 624.713."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Jefferson and Dawkins amendment and the roll was called. There were 36 yeas and 94 nays as follows:
Those who voted in the affirmative were:
Bakk Hausman Leighton Orenstein Sarna Bertram Huntley Lourey Orfield Tomassoni Brown Jaros Luther Osthoff Wejcman Clark Jefferson Mariani Ozment Winter Dawkins Johnson, A. Milbert Perlt Garcia Johnson, R. Munger Pugh Greenfield Kahn Murphy Rice Greiling Kelley Ness RukavinaThose who voted in the negative were:
Abrams Entenza Koppendrayer Onnen Sviggum Anderson, B. Erhardt Kraus Opatz Swenson, D. Anderson, R. Farrell Krinkie Osskopp Sykora Bettermann Finseth Larsen Ostrom Tompkins Bishop Frerichs Leppik Otremba Trimble Boudreau Girard Lieder Paulsen Tuma Bradley Goodno Lindner Pawlenty Tunheim Broecker Gunther Long Pellow Van Dellen Carlson, L. Haas Lynch Pelowski Van Engen Carlson, S. Hackbarth Macklin Peterson Vickerman Carruthers Harder Mahon Rest Wagenius Commers Hasskamp Mares Rhodes Warkentin Cooper Holsten Marko Rostberg Weaver Daggett Jennings McCollum Schumacher Wenzel Dauner Johnson, V. McGuire Seagren Wolf Davids Kelso Molnau Skoglund Worke Dehler Kinkel Mulder Smith Workman Dempsey Knight Olson, E. Solberg Sp.Anderson,I Dorn Knoblach Olson, M. StanekThe motion did not prevail and the amendment was not adopted.
Hasskamp moved to amend S. F. No. 2410, as amended, as follows:
Page 12, after line 22, insert:
"Sec. 12. Minnesota Statutes 1994, section 13.82, is amended by adding a subdivision to read:
Subd. 3b. [INVESTIGATION REQUIRED.] Upon receiving information from the public that does not request service, a law enforcement agency shall require a preliminary investigation, conducted and documented by a licensed law enforcement officer, to determine whether the information is valid. If the officer determines the information is valid, the law enforcement agency shall:
(1) classify the data as provided in this section;
(2) authorize access to data classified as public; and
(3) supply data relating to the information to the commissioner of public safety for purposes of entry into the Minnesota criminal justice information system, national crime information center computer, or other appropriate computerized systems.
If the officer determines the information is not valid, the law enforcement agency must classify the information as private data.
Nothing in this subdivision shall require a law enforcement agency to investigate all information received from the public that is not requesting service."
Renumber the sections in sequence and correct internal references
Amend the title as follows:
Page 1, line 5, after the semicolon, insert "requiring law enforcement agencies to investigate information before disclosure to the public;"
Page 1, line 30, delete "a subdivision" and insert "subdivisions"
A roll call was requested and properly seconded.
The question was taken on the Hasskamp amendment and the roll was called. There were 7 yeas and 126 nays as follows:
Those who voted in the affirmative were:
Hasskamp Kinkel Olson, E. Smith Hausman Mariani OzmentThose who voted in the negative were:
Abrams Erhardt Knoblach Olson, M. Stanek Anderson, B. Farrell Koppendrayer Onnen Sviggum Anderson, R. Finseth Kraus Opatz Swenson, D. Bakk Frerichs Krinkie Orenstein Sykora Bertram Garcia Larsen Orfield Tomassoni Bettermann Girard Leighton Osskopp Tompkins Bishop Goodno Leppik Osthoff Trimble Boudreau Greenfield Lieder Ostrom Tuma Bradley Greiling Lindner Otremba Tunheim Broecker Gunther Long Paulsen Van Dellen Brown Haas Lourey Pawlenty Van Engen Carlson, L. Hackbarth Luther Pellow Vickerman Carlson, S. Harder Lynch Pelowski WageniusThe motion did not prevail and the amendment was not adopted.
JOURNAL OF THE HOUSE - 96th Day - Top of Page 8224
Carruthers Holsten Macklin Perlt Warkentin Clark Huntley Mahon Peterson Weaver Commers Jaros Mares Pugh Wejcman Cooper Jefferson Marko Rest Wenzel Daggett Jennings McCollum Rhodes Winter Dauner Johnson, A. McElroy Rice Wolf Davids Johnson, R. McGuire Rostberg Worke Dawkins Johnson, V. Milbert Rukavina Workman Dehler Kahn Molnau Sarna Sp.Anderson,I Delmont Kalis Mulder Schumacher Dempsey Kelley Munger Seagren Dorn Kelso Murphy Skoglund Entenza Knight Ness Solberg
Greenfield moved to amend S. F. No. 2410, as amended, as follows:
Page 5, after line 22, insert:
"Sec. 7. Minnesota Statutes 1994, section 13.42, subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] As used in this section: (a)
"Directory information" means name of the patient, date admitted,
and general condition, and date released.
(b) "Medical data" means data collected because an individual was or is a patient or client of a hospital, nursing home, medical center, clinic, health or nursing agency operated by a state agency or political subdivision including business and financial records, data provided by private health care facilities, and data provided by or about relatives of the individual.
Sec. 8. Minnesota Statutes 1994, section 13.42, subdivision 2, is amended to read:
Subd. 2. [PUBLIC HOSPITALS; DIRECTORY INFORMATION.] If
(a) During the time that a person is a patient in a
hospital operated by a state agency or political subdivision
pursuant to legal commitment, directory information is public
data. After the person is released, the directory information
is private data on individuals.
(b) If a person is a patient other than pursuant to commitment in a hospital controlled by a state agency or political subdivision, directory information is public data unless the patient requests otherwise, in which case it is private data on individuals.
(c) Directory information about an emergency patient who is unable to communicate which is public under this subdivision shall not be released until a reasonable effort is made to notify the next of kin. Although an individual has requested that directory information be private, the hospital may release directory information to a law enforcement agency pursuant to a lawful investigation pertaining to that individual."
Page 47, after line 3, insert:
"Sections 7 and 8 are effective the day following final enactment."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Seagren moved to amend S. F. No. 2410, as amended, as follows:
Page 25, line 28, before the period, insert ", or whether certain data may be released to a family services collaborative under paragraph (d)"
Page 26, line 14, before the period, insert ", if the mother authorized the disclosure on the birth registration form"
The motion prevailed and the amendment was adopted.Frerichs and McCollum moved to amend S. F. No. 2410, as amended, as follows:
Page 32, after line 19, insert:
"Sec. 38. Minnesota Statutes 1994, section 150A.081, is amended to read:
150A.081 [ACCESS TO MEDICAL DATA.]
Subdivision 1. [ACCESS TO DATA ON LICENSEE OR
REGISTRANT.] When the board has probable cause to believe that a
licensee's or registrant's condition meets a ground listed in
section 150A.08, subdivision 1, clause (4) or (8), it may,
notwithstanding sections 13.42, 144.651, or any other law
limiting access to medical data, obtain medical or health records
relating to on the licensee or registrant without
the person's licensee's or registrant's consent.
The medical data may be requested from a provider, as defined in
section 144.335, subdivision 1, paragraph (b), an insurance
company, or a government agency. A provider, insurance company,
or government agency shall comply with a written request of the
board under this subdivision and is not liable in any action for
damages for releasing the data requested by the board if the data
are released under the written request, unless the information is
false and the entity providing the information knew, or had
reason to believe, the information was false.
Subd. 2. [ACCESS TO DATA ON PATIENTS.] The board has access to medical records of a patient treated by a licensee or registrant under review if the patient signs a written consent permitting access. If the patient has not given consent, the licensee or registrant must delete data from which a patient may be identified before releasing medical records to the board.
Subd. 3. [DATA CLASSIFICATION; RELEASE OF CERTAIN
HEALTH DATA NOT REQUIRED.] Information obtained under this
subdivision section is classified as private data
on individuals under chapter 13. Under this subdivision
section, the commissioner of health is not required to
release health data collected and maintained under section
13.38."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Frerichs and McCollum amendment and the roll was called. There were 114 yeas and 17 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Koppendrayer Olson, E. Smith Anderson, B. Frerichs Kraus Olson, M. Solberg Bertram Garcia Krinkie Onnen Stanek Bettermann Girard Larsen Opatz Sviggum Bishop Goodno Leppik Orenstein Swenson, D. Boudreau Greiling Lieder Osskopp Sykora Broecker Gunther Lindner Osthoff Tompkins Brown Haas Long Ostrom Trimble Carlson, L. Hackbarth Luther Otremba Tuma Carlson, S. Harder Lynch Ozment Tunheim Carruthers Hasskamp Macklin Paulsen Van Dellen Commers Hausman Mahon Pawlenty Van Engen Cooper Holsten Mares Pellow Vickerman Daggett Jefferson Mariani Pelowski Wagenius Dauner Jennings Marko Perlt Warkentin Davids Johnson, R. McCollum Peterson Weaver Dehler Johnson, V. McElroy Pugh Wenzel Delmont Kalis McGuire Rest Winter Dempsey Kelley Milbert Rhodes Wolf Dorn Kelso Molnau Rostberg Worke Entenza Kinkel Mulder Sarna Workman Erhardt Knight Murphy Schumacher Sp.Anderson,I Farrell Knoblach Ness SeagrenThose who voted in the negative were:
Anderson, R. Greenfield Leighton Rice Wejcman Bakk Huntley Lourey Rukavina Bradley Jaros Munger Skoglund Dawkins Kahn Orfield TomassoniThe motion prevailed and the amendment was adopted.
Seagren and Bishop moved to amend S. F. No. 2410, as amended, as follows:
Page 29, after line 33, insert:
"(g) In cases where a provider releases health records as required by law without patient consent, the release must be documented in the patient's health record."
The motion prevailed and the amendment was adopted.
Wejcman, Mariani, Clark and Jefferson moved to amend S. F. No. 2410, as amended, as follows:
Page 38, line 7, reinstate "adjudicated delinquent for"
Page 38, line 8, reinstate "having" and delete "alleged to have"
Page 38, line 9, after "offenses" insert "or referred to a diversion program"
Page 38, line 13, delete "alleged to have committed" and insert "petitioned"
Page 38, delete lines 18 to 22
A roll call was requested and properly seconded.
The question was taken on the Wejcman et al amendment and the roll was called. There were 20 yeas and 111 nays as follows:
Those who voted in the affirmative were:
Clark Hausman Kahn Orenstein Rukavina Dauner Jaros Leighton Osthoff Tomassoni Garcia Jefferson Mariani Ozment Trimble Greenfield Johnson, A. McCollum Rice WejcmanThose who voted in the negative were:
Abrams Erhardt Koppendrayer Olson, E. Stanek Anderson, B. Farrell Kraus Olson, M. Sviggum Anderson, R. Finseth Krinkie Onnen Swenson, D. Bakk Frerichs Larsen Opatz Sykora Bertram Girard Leppik Orfield Tompkins Bettermann Goodno Lieder Osskopp Tuma Bishop Greiling Lindner Ostrom Tunheim Boudreau Gunther Long Otremba Van Dellen Bradley Haas Lourey Paulsen Van Engen Broecker Hackbarth Luther Pawlenty Vickerman Brown Harder Lynch Pellow Wagenius Carlson, L. Hasskamp Macklin Pelowski Warkentin Carlson, S. Holsten Mahon Peterson Weaver Carruthers Huntley Mares Pugh Wenzel Commers Jennings Marko Rest Winter Cooper Johnson, R. McElroy Rhodes Wolf Daggett Johnson, V. McGuire Rostberg Worke Davids Kalis Milbert Sarna Workman Dawkins Kelley Molnau Schumacher Sp.Anderson,I Dehler Kelso Mulder Seagren Dempsey Kinkel Munger Skoglund Dorn Knight Murphy Smith Entenza Knoblach Ness SolbergThe motion did not prevail and the amendment was not adopted.
The Speaker resumed the Chair.
S. F. No. 2410, A bill for an act relating to data practices; providing for the classification of and access to government data; clarifying data provisions; prohibiting agreements limiting the disclosure and discussion of personnel data; requiring notice and approval of employment settlements by the commissioner of employee relations; modifying the requirements for health care provider identification numbers; establishing procedures for disclosing certain nonpublic data to related group purchasers; requiring the office of mental health practice to establish procedures for the exchange of information; authorizing the release of certain birth information on unwed mothers to family service collaboratives; regulating the disclosure of personal information contained in motor vehicle records; regulating certain criminal justice information; amending Minnesota Statutes 1994, sections 13.02, by adding a subdivision; 13.03, subdivision 4; 13.32, subdivision 5; 13.37, by adding a subdivision; 13.43, by adding subdivisions; 13.82, subdivision 13, and by adding a subdivision; 43A.04, by adding a subdivision; 62J.51, by adding subdivisions; 62J.56, subdivision 2; 62J.60, subdivisions 2 and 3; 144.225, subdivision 2, and by adding a subdivision; 145.64, by adding a subdivision; 148B.66, by adding a subdivision; 150A.081; 168.346; 171.12, subdivision 7, and by adding a subdivision; 260.161, subdivisions 1 and 1a; and 299C.095; Minnesota Statutes 1995 Supplement, sections 13.43, subdivision 2; 13.46, subdivision 2; 62J.451, subdivisions 7, 9, and 12; 62J.54, subdivisions 1, 2, and 3; 62J.58; 62Q.03, subdivision 9; 144.335, subdivision 3a; and 268.12, subdivision 12; proposing coding for new law in Minnesota Statutes, chapter 13.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 127 yeas and 6 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Knight Ness Skoglund Anderson, B. Farrell Knoblach Olson, E. Smith Anderson, R. Finseth Koppendrayer Olson, M. Solberg Bakk Frerichs Kraus Onnen Stanek Bertram Garcia Krinkie Opatz Sviggum Bettermann Girard Larsen Orenstein Swenson, D. Bishop Goodno Leighton Orfield Sykora Boudreau Greenfield Leppik Osskopp Tompkins Bradley Greiling Lieder Osthoff Trimble Broecker Gunther Lindner Ostrom Tuma Brown Haas Long Otremba Tunheim Carlson, L. Hackbarth Lourey Ozment Van Dellen Carlson, S. Harder Luther Paulsen Van Engen Carruthers Hasskamp Lynch Pawlenty Vickerman Clark Holsten Macklin Pellow Wagenius Commers Huntley Mahon Pelowski Warkentin Cooper Jaros Mares Perlt Weaver Daggett Jennings Marko Peterson Wenzel Dauner Johnson, A. McCollum Pugh Winter Davids Johnson, R. McElroy Rest Wolf Dawkins Johnson, V. McGuire Rhodes Worke Dehler Kahn Milbert Rice Workman Delmont Kalis Molnau Rostberg Sp.Anderson,I Dempsey Kelley Mulder Sarna Dorn Kelso Munger Schumacher Entenza Kinkel Murphy SeagrenThose who voted in the negative were:
Hausman Mariani Tomassoni Jefferson Rukavina WejcmanThe bill was passed, as amended, and its title agreed to.
Carruthers moved that the remaining bills on Special Orders for today be continued. The motion prevailed.
Carruthers moved that the bills on General Orders for today be continued. The motion prevailed.
Mares moved that his name be stricken as an author on H. F. No. 2253. The motion prevailed.
Tompkins moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, March 11, 1996, when the vote was taken on the repassage of H. F. No. 2008, as amended by Conference." The motion prevailed.
Ness moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Monday, March 11, 1996, when the vote was taken on the repassage of H. F. No. 2322, as amended by the Senate." The motion prevailed.
Van Engen moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Friday, March 8, 1996, when the vote was taken on the final passage of H. F. No. 2588." The motion prevailed.
Winter moved that H. F. No. 2659 be returned to its author. The motion prevailed.
The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2330:
Opatz, Bertram and Dehler.
The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2752:
Luther, Perlt and Pellow.
The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 3249:
Rest, Winter, Dawkins, Bakk and Goodno.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 842:
Kelley, McCollum and Leppik.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1981:
Entenza, Leighton and Abrams.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2167:
Brown; Peterson; Sarna; Johnson, V., and Lynch.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2856:
Murphy, Skoglund, Carruthers, Pugh and Swenson, D.
Carruthers moved that when the House adjourns today it adjourn until 10:30 a.m., Wednesday, March 13, 1996. The motion prevailed.
Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 10:30 a.m., Wednesday, March 13, 1996.
Edward A. Burdick, Chief Clerk, House of Representatives
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