1.1 .................... moves to amend H.F. No. 3553, the first committee engrossment,
1.2as follows:
1.3Page 3, line 16, after "process" insert "
or investigative process"
1.4Page 3, after line 30, insert:
1.5 "Sec. 4. Minnesota Statutes 2006, section 13.41, subdivision 1, is amended to read:
1.6 Subdivision 1.
Definition. As used in this section
, the following terms have the
1.7meanings given them.
1.8 (a) "License" means a credential specified in Minnesota Statutes as a license,
1.9certification, registration, permit, or other credential issued by a state agency that is
1.10required in order for an individual to engage in an occupation, trade, or business regulated
1.11by law.
1.12 (b) "Licensing agency" means any
board, department or agency of this state which
1.13state agency that is given the statutory authority to issue
professional or other types of
1.14licenses, except the various agencies primarily administered by the commissioner of
1.15human services. Data pertaining to persons or agencies licensed or registered under
1.16authority of the commissioner of human services shall be administered pursuant to section
1.1713.46
.
1.18 Sec. 5. Minnesota Statutes 2006, section 13.41, subdivision 2, is amended to read:
1.19 Subd. 2.
Private data; designated addresses and telephone numbers. (a)
1.20Except as provided in this chapter or other law, the following data collected, created
, or
1.21maintained by any licensing agency are classified as private
, pursuant to section
13.02,
1.22subdivision 12
: data, other than their names data on individuals:
1.23 (1) data related to an application for a license, except for the applicant's name and
1.24designated
addresses, submitted by applicants for licenses; address, the license period
1.25for which the applicant applied, and whether the application is approved, disapproved,
1.26withdrawn, or pending;
2.1 (2) the nondesignated address of a licensee;
2.2 (3) the identity of complainants who have made reports concerning licensees or
2.3applicants which appear in inactive
complaint data civil investigative data under section
2.413.39, unless the complainant consents to the disclosure;
2.5 (4) the nature or content of unsubstantiated complaints
when no disciplinary action
2.6or penalty is imposed and when the information is not
maintained in anticipation of legal
2.7action civil investigative data under section 13.39;
and
2.8 (5) the identity of patients whose medical records are received by any health
2.9licensing agency for purposes of review or in anticipation of a contested matter; inactive
2.10investigative data relating to violations of statutes or rules; and the record of any
2.11disciplinary proceeding except as limited by subdivision 5.
2.12 (b) An applicant for a license shall designate on the application a residence or
2.13business address and telephone number at which the applicant can be contacted in
2.14connection with the license application. A licensee shall designate a residence or business
2.15address and telephone number at which the licensee can be contacted in connection with
2.16the license. By designating an address under this paragraph other than a residence address,
2.17the applicant or licensee consents to accept personal service of process by service on the
2.18licensing agency for legal or administrative proceedings. The licensing agency shall mail
2.19a copy of the documents to the applicant or licensee at the last known residence address.
2.20 Sec. 6. Minnesota Statutes 2007 Supplement, section 13.41, subdivision 3, is amended
2.21to read:
2.22 Subd. 3.
Board of Peace Officer Standards and Training. The following
2.23government data of the Board of Peace Officer Standards and Training are private data:
2.24 (1) home addresses of licensees and applicants for licenses; and
2.25 (2) data that identify the government entity that employs a licensed peace officer.
2.26 The board may disseminate private data on applicants and licensees as is necessary
2.27to administer law enforcement licensure or to provide data under section
626.845,
2.28subdivision 1
, to law enforcement agencies who are conducting employment background
2.29investigations.
License numbers, license status, and continuing education records issued
2.30or maintained by the Board of Peace Officer Standards and Training are public data.
2.31 Sec. 7. Minnesota Statutes 2006, section 13.41, subdivision 5, is amended to read:
2.32 Subd. 5.
Public data. Licensing agency minutes, application data on licensees
2.33except nondesignated addresses, orders for hearing, findings of fact, conclusions of
2.34law and specification of the final disciplinary action contained in the record of the
2.35disciplinary action are classified as public, pursuant to section
13.02, subdivision 15. The
3.1entire record concerning the disciplinary proceeding is public data pursuant to section
3.213.02, subdivision 15
, in those instances where there is a public hearing concerning the
3.3disciplinary action. If the licensee and the licensing agency agree to resolve a complaint
3.4without a hearing, the agreement and the specific reasons for the agreement are public
3.5data.
The license numbers, the license status, and continuing education records issued or
3.6maintained by the Board of Peace Officer Standards and Training are classified as public
3.7data, pursuant to section
13.02, subdivision 15.
3.8 Sec. 8. Minnesota Statutes 2006, section 13.41, is amended by adding a subdivision to
3.9read:
3.10 Subd. 7. Complaints and investigations. Data related to complaints against or
3.11investigations about a licensee or applicant for a license are governed by section 13.39."
3.12Page 10, after line 1, insert:
3.13 "Sec. ....
REPEALER.
3.14Minnesota Statutes 2006, section 13.41, subdivision 4, is repealed."
3.15Renumber the sections in sequence and correct the internal references
3.16Amend the title accordingly