1.1    .................... moves to amend H.F. No. 3787 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2007 Supplement, section 13.39, subdivision 1, is
1.4amended to read:
1.5    Subdivision 1. Definitions; determination. (a) "Civil investigative data" means
1.6data collected or created by a government entity as part of an investigation undertaken for
1.7the purpose of the commencement or defense of a civil legal action. Civil investigative
1.8data do not include a notice of claim served on a government entity under section 3.736 or
1.9466.05 or other law.
1.10    A (b) "Pending Civil legal action" includes but is not limited to judicial,
1.11administrative or arbitration proceedings. Whether a civil legal action is pending shall be
1.12determined by the chief attorney acting for the government entity.

1.13    Sec. 2. Minnesota Statutes 2007 Supplement, section 13.39, subdivision 2, is amended
1.14to read:
1.15    Subd. 2. Civil actions. (a) Except as provided in paragraph (b), data collected
1.16by state agencies, political subdivisions, or statewide systems as part of an active
1.17investigation undertaken for the purpose of the commencement or defense of a pending
1.18civil legal action, or which are retained in anticipation of a pending civil legal action,
1.19civil investigative data are classified as protected nonpublic data pursuant to section 13.02,
1.20subdivision 13 , in the case of data not on individuals and or confidential pursuant to
1.21section 13.02, subdivision 3, in the case of data on individuals. Any agency, political
1.22subdivision, or statewide system government entity may make any data classified as
1.23confidential or protected nonpublic pursuant to this subdivision accessible to any person,
1.24agency or the public if the agency, political subdivision, or statewide system government
1.25entity determines that the access will aid the law enforcement process or investigative
2.1process of the government entity, allow for the exercise of due process rights, promote
2.2public health or safety, or dispel widespread rumor or unrest.
2.3    (b) A complainant, witness, or subject of the investigation has access to a statement
2.4provided by the that complainant, witness, or subject of the investigation to a government
2.5entity under paragraph (a). Civil investigative data may not be disclosed under this
2.6paragraph if the data are protected by a court order or an order of an administrative law
2.7judge.

2.8    Sec. 3. Minnesota Statutes 2007 Supplement, section 13.39, subdivision 2a, is
2.9amended to read:
2.10    Subd. 2a. Disclosure of data. During the time when a civil legal action is
2.11determined to be pending under subdivision 1, any person may bring an action in the
2.12district court in the county where the data is are maintained to obtain disclosure of data
2.13classified as confidential or protected nonpublic under subdivision 2. The court may order
2.14that all or part of the data be released to the public or to the person bringing the action. In
2.15making the determination whether data shall be disclosed, the court shall consider whether
2.16the benefit to the person bringing the action or to the public outweighs any harm to the
2.17public, the government entity, or any person identified in the data. The data in dispute
2.18shall be examined by the court in camera.

2.19    Sec. 4. Minnesota Statutes 2007 Supplement, section 13.39, is amended by adding a
2.20subdivision to read:
2.21    Subd. 4. Proceedings in a court or Office of Administrative Hearings.
2.22    Notwithstanding subdivision 2 or 3, civil investigative data made part of the record of a
2.23proceeding in a court or at the Office of Administrative Hearings or in any subsequent
2.24proceeding in the matter are public unless protected by a court order or an order of an
2.25administrative law judge, or as otherwise provided by law or court rule.

2.26    Sec. 5. Minnesota Statutes 2006, section 13.41, subdivision 1, is amended to read:
2.27    Subdivision 1. Definition. As used in this section, the following terms have the
2.28meanings given them.
2.29    (a) "License" means a credential specified in Minnesota Statutes as a license,
2.30certification, registration, permit, or other credential issued by a state agency that is
2.31required in order for an individual to engage in an occupation, trade, or business regulated
2.32by law.
2.33    (b) "Licensing agency" means any board, department or agency of this state which
2.34state agency that is given the statutory authority to issue professional or other types of
3.1licenses, except the various agencies primarily administered by the commissioner of
3.2human services. Data pertaining to persons or agencies licensed or registered under
3.3authority of the commissioner of human services shall be administered pursuant to section
3.413.46 .

3.5    Sec. 6. Minnesota Statutes 2006, section 13.41, subdivision 2, is amended to read:
3.6    Subd. 2. Private data; designated addresses and telephone numbers. (a)
3.7Except as provided in this chapter or other law, the following data collected, created, or
3.8maintained by any licensing agency are classified as private, pursuant to section 13.02,
3.9subdivision 12 : data, other than their names data on individuals:
3.10    (1) data related to an application for a license, except for the applicant's name and
3.11designated addresses address, the license period for which the applicant applied, and
3.12whether the application is approved, disapproved, withdrawn, or pending;
3.13    (2) the nondesignated address of a licensee;
3.14    addresses, submitted by applicants for licenses; (3) the identity of complainants who
3.15have made reports concerning licensees or applicants which appear in inactive complaint
3.16data civil investigative data under section 13.39, unless the complainant consents to the
3.17disclosure;
3.18    (4) the nature or content of unsubstantiated complaints when no disciplinary action
3.19or penalty is imposed and when the information is not maintained in anticipation of legal
3.20action civil investigative data under section 13.39; and
3.21    (5) the identity of patients whose medical records are received by any health
3.22licensing agency for purposes of review or in anticipation of a contested matter; inactive
3.23investigative data relating to violations of statutes or rules; and the record of any
3.24disciplinary proceeding except as limited by subdivision 5.
3.25    (b) An applicant for a license shall designate on the application a residence or
3.26business address and telephone number at which the applicant can be contacted in
3.27connection with the license application. A licensee shall designate a residence or business
3.28address and telephone number at which the licensee can be contacted in connection with
3.29the license. By designating an address under this paragraph other than a residence address,
3.30the applicant or licensee consents to accept personal service of process by service on the
3.31licensing agency for legal or administrative proceedings. The licensing agency shall mail
3.32a copy of the documents to the applicant or licensee at the last known residence address.

3.33    Sec. 7. Minnesota Statutes 2007 Supplement, section 13.41, subdivision 3, is amended
3.34to read:
4.1    Subd. 3. Board of Peace Officer Standards and Training. The following
4.2government data of the Board of Peace Officer Standards and Training are private data:
4.3    (1) home addresses of licensees and applicants for licenses; and
4.4    (2) data that identify the government entity that employs a licensed peace officer.
4.5    The board may disseminate private data on applicants and licensees as is necessary
4.6to administer law enforcement licensure or to provide data under section 626.845,
4.7subdivision 1 , to law enforcement agencies who are conducting employment background
4.8investigations. License numbers, license status, and continuing education records issued
4.9or maintained by the Board of Peace Officer Standards and Training are public data.

4.10    Sec. 8. Minnesota Statutes 2006, section 13.41, subdivision 6, is amended to read:
4.11    Subd. 6. Releasing data. Any licensing agency may make any data classified
4.12as private or confidential pursuant to this section accessible to an appropriate person
4.13or agency any person if the licensing agency determines that failure to make the data
4.14accessible is likely to create a clear and present danger to public health or safety access
4.15will aid the law enforcement or investigative process, allow for the exercise of due process
4.16rights, promote public health or safety, or dispel widespread rumor or unrest.

4.17    Sec. 9. Minnesota Statutes 2006, section 13.41, is amended by adding a subdivision to
4.18read:
4.19    Subd. 7. Complaints and investigations. Data related to complaints against or
4.20investigations about a licensee or applicant for a license are governed by section 13.39.

4.21    Sec. 10. REPEALER.
4.22Minnesota Statutes 2006, section 13.41, subdivisions 4 and 5, are repealed."