1.1.................... moves to amend H.F. No. 1466 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 13.02, subdivision 3, is amended to read:
1.4    Subd. 3. Confidential data on individuals. "Confidential data on individuals"
1.5means are data which is made not public by statute or federal law applicable to the data
1.6and is are inaccessible to the individual subject of that those data.

1.7    Sec. 2. Minnesota Statutes 2010, section 13.02, subdivision 4, is amended to read:
1.8    Subd. 4. Data not on individuals. "Data not on individuals" means are all
1.9government data which is that are not data on individuals.

1.10    Sec. 3. Minnesota Statutes 2010, section 13.02, subdivision 8a, is amended to read:
1.11    Subd. 8a. Not public data. "Not public data" means are any government data which
1.12is classified by statute, federal law, or temporary classification as confidential, private,
1.13nonpublic, or protected nonpublic.

1.14    Sec. 4. Minnesota Statutes 2010, section 13.02, subdivision 9, is amended to read:
1.15    Subd. 9. Nonpublic data. "Nonpublic data" means are data not on individuals that
1.16is made by statute or federal law applicable to the data: (a) not accessible to the public;
1.17and (b) accessible to the subject, if any, of the data.

1.18    Sec. 5. Minnesota Statutes 2010, section 13.02, subdivision 12, is amended to read:
1.19    Subd. 12. Private data on individuals. "Private data on individuals" means are
1.20data which is made by statute or federal law applicable to the data: (a) not public; and
1.21(b) accessible to the individual subject of that those data.

1.22    Sec. 6. Minnesota Statutes 2010, section 13.02, subdivision 13, is amended to read:
2.1    Subd. 13. Protected nonpublic data. "Protected nonpublic data" means are data
2.2not on individuals which is made by statute or federal law applicable to the data (a) not
2.3public and (b) not accessible to the subject of the data.

2.4    Sec. 7. Minnesota Statutes 2010, section 13.02, subdivision 14, is amended to read:
2.5    Subd. 14. Public data not on individuals. "Public data not on individuals" means
2.6are data which is accessible to the public pursuant to section 13.03.

2.7    Sec. 8. Minnesota Statutes 2010, section 13.02, subdivision 15, is amended to read:
2.8    Subd. 15. Public data on individuals. "Public data on individuals" means are data
2.9which is accessible to the public in accordance with the provisions of section 13.03.

2.10    Sec. 9. Minnesota Statutes 2010, section 13.10, subdivision 1, is amended to read:
2.11    Subdivision 1. Definitions. As used in this chapter:
2.12(a) "Confidential data on decedents" means are data which, prior to the death of
2.13the data subject, were classified by statute, federal law, or temporary classification as
2.14confidential data.
2.15(b) "Private data on decedents" means are data which, prior to the death of the data
2.16subject, were classified by statute, federal law, or temporary classification as private data.
2.17(c) "Representative of the decedent" means is the personal representative of the
2.18estate of the decedent during the period of administration, or if no personal representative
2.19has been appointed or after discharge of the personal representative, the surviving spouse,
2.20any child of the decedent, or, if there is no surviving spouse or children, the parents of
2.21the decedent.

2.22    Sec. 10. Minnesota Statutes 2010, section 13.202, subdivision 3, is amended to read:
2.23    Subd. 3. Hennepin County. (a) Data collected by the Hennepin Healthcare System,
2.24Inc. are governed under section 383B.17 383B.917, subdivision 1.
2.25(b) Records of Hennepin County board meetings permitted to be closed under
2.26section 383B.217, subdivision 7, are classified under that subdivision.

2.27    Sec. 11. Minnesota Statutes 2010, section 13.3805, subdivision 1, is amended to read:
2.28    Subdivision 1. Health data generally. (a) Definitions. As used in this subdivision:
2.29(1) "Commissioner" means the commissioner of health.
2.30(2) "Health data" means are data on individuals created, collected, received, or
2.31maintained by the Department of Health, political subdivisions, or statewide systems
3.1relating to the identification, description, prevention, and control of disease or as part of
3.2an epidemiologic investigation the commissioner designates as necessary to analyze,
3.3describe, or protect the public health.
3.4(b) Data on individuals. (1) Health data are private data on individuals.
3.5Notwithstanding section 13.05, subdivision 9, health data may not be disclosed except as
3.6provided in this subdivision and section 13.04.
3.7(2) The commissioner or a local board of health as defined in section 145A.02,
3.8subdivision 2 , may disclose health data to the data subject's physician as necessary to locate
3.9or identify a case, carrier, or suspect case, to establish a diagnosis, to provide treatment, to
3.10identify persons at risk of illness, or to conduct an epidemiologic investigation.
3.11(3) With the approval of the commissioner, health data may be disclosed to the
3.12extent necessary to assist the commissioner to locate or identify a case, carrier, or suspect
3.13case, to alert persons who may be threatened by illness as evidenced by epidemiologic
3.14data, to control or prevent the spread of serious disease, or to diminish an imminent threat
3.15to the public health.
3.16(c) Health summary data. Summary data derived from data collected under section
3.17145.413 may be provided under section 13.05, subdivision 7.

3.18    Sec. 12. Minnesota Statutes 2010, section 13.384, subdivision 1, is amended to read:
3.19    Subdivision 1. Definition. As used in this section:
3.20    (a) "Directory information" means name of the patient, date admitted, and general
3.21condition.
3.22    (b) "Medical data" means are data collected because an individual was or is a patient
3.23or client of a hospital, nursing home, medical center, clinic, health or nursing agency
3.24operated by a government entity including business and financial records, data provided
3.25by private health care facilities, and data provided by or about relatives of the individual.

3.26    Sec. 13. Minnesota Statutes 2010, section 13.44, subdivision 3, is amended to read:
3.27    Subd. 3. Real property; appraisal data. (a) Confidential or protected nonpublic
3.28data. Estimated or appraised values of individual parcels of real property that are made by
3.29personnel of a government entity or by independent appraisers acting for a government
3.30entity for the purpose of selling or acquiring land through purchase or condemnation are
3.31classified as confidential data on individuals or protected nonpublic data.
3.32    (b) Private or nonpublic data. Appraised values of individual parcels of real
3.33property that are made by appraisers working for fee owners or contract purchasers who
4.1have received an offer to purchase their property from a government entity are classified
4.2as private data on individuals or nonpublic data.
4.3    (c) Public data. The data made confidential or protected nonpublic under paragraph
4.4(a) or made private or nonpublic under paragraph (b) become public upon the occurrence
4.5of any of the following:
4.6    (1) the data are submitted to a court-appointed condemnation commissioner;
4.7    (2) the data are presented in court in condemnation proceedings; or
4.8    (3) the negotiating parties enter into an agreement for the purchase and sale of the
4.9property.
4.10The data made confidential or protected nonpublic under paragraph (a) also
4.11become public at the discretion of the government entity, determined by majority vote
4.12of the entity's governing body, or, in the case of a state agency, as determined by the
4.13commissioner of the agency.
4.14EFFECTIVE DATE.This section is effective the day following final enactment.

4.15    Sec. 14. Minnesota Statutes 2010, section 13.46, subdivision 2, is amended to read:
4.16    Subd. 2. General. (a) Unless the data is summary data or a statute specifically
4.17provides a different classification, Data on individuals collected, maintained, used, or
4.18disseminated by the welfare system is are private data on individuals, and shall not be
4.19disclosed except:
4.20    (1) according to section 13.05;
4.21    (2) according to court order;
4.22    (3) according to a statute specifically authorizing access to the private data;
4.23    (4) to an agent of the welfare system, including a law enforcement person, attorney,
4.24or investigator acting for it in the investigation or prosecution of a criminal or civil
4.25proceeding relating to the administration of a program;
4.26    (5) to personnel of the welfare system who require the data to verify an individual's
4.27identity; determine eligibility, amount of assistance, and the need to provide services to
4.28an individual or family across programs; evaluate the effectiveness of programs; assess
4.29parental contribution amounts; and investigate suspected fraud;
4.30    (6) to administer federal funds or programs;
4.31    (7) between personnel of the welfare system working in the same program;
4.32    (8) to the Department of Revenue to assess parental contribution amounts for
4.33purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit
4.34programs and to identify individuals who may benefit from these programs. The following
4.35information may be disclosed under this paragraph: an individual's and their dependent's
5.1names, dates of birth, Social Security numbers, income, addresses, and other data as
5.2required, upon request by the Department of Revenue. Disclosures by the commissioner
5.3of revenue to the commissioner of human services for the purposes described in this clause
5.4are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include,
5.5but are not limited to, the dependent care credit under section 290.067, the Minnesota
5.6working family credit under section 290.0671, the property tax refund and rental credit
5.7under section 290A.04, and the Minnesota education credit under section 290.0674;
5.8    (9) between the Department of Human Services, the Department of Employment
5.9and Economic Development, and when applicable, the Department of Education, for
5.10the following purposes:
5.11    (i) to monitor the eligibility of the data subject for unemployment benefits, for any
5.12employment or training program administered, supervised, or certified by that agency;
5.13    (ii) to administer any rehabilitation program or child care assistance program,
5.14whether alone or in conjunction with the welfare system;
5.15    (iii) to monitor and evaluate the Minnesota family investment program or the child
5.16care assistance program by exchanging data on recipients and former recipients of food
5.17support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
5.18under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and
5.19    (iv) to analyze public assistance employment services and program utilization,
5.20cost, effectiveness, and outcomes as implemented under the authority established in Title
5.21II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of
5.221999. Health records governed by sections 144.291 to 144.298 and "protected health
5.23information" as defined in Code of Federal Regulations, title 45, section 160.103, and
5.24governed by Code of Federal Regulations, title 45, parts 160-164, including health care
5.25claims utilization information, must not be exchanged under this clause;
5.26    (10) to appropriate parties in connection with an emergency if knowledge of
5.27the information is necessary to protect the health or safety of the individual or other
5.28individuals or persons;
5.29    (11) data maintained by residential programs as defined in section 245A.02 may
5.30be disclosed to the protection and advocacy system established in this state according
5.31to Part C of Public Law 98-527 to protect the legal and human rights of persons with
5.32developmental disabilities or other related conditions who live in residential facilities for
5.33these persons if the protection and advocacy system receives a complaint by or on behalf
5.34of that person and the person does not have a legal guardian or the state or a designee of
5.35the state is the legal guardian of the person;
6.1    (12) to the county medical examiner or the county coroner for identifying or locating
6.2relatives or friends of a deceased person;
6.3    (13) data on a child support obligor who makes payments to the public agency
6.4may be disclosed to the Minnesota Office of Higher Education to the extent necessary to
6.5determine eligibility under section 136A.121, subdivision 2, clause (5);
6.6    (14) participant Social Security numbers and names collected by the telephone
6.7assistance program may be disclosed to the Department of Revenue to conduct an
6.8electronic data match with the property tax refund database to determine eligibility under
6.9section 237.70, subdivision 4a;
6.10    (15) the current address of a Minnesota family investment program participant
6.11may be disclosed to law enforcement officers who provide the name of the participant
6.12and notify the agency that:
6.13    (i) the participant:
6.14    (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
6.15conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
6.16jurisdiction from which the individual is fleeing; or
6.17    (B) is violating a condition of probation or parole imposed under state or federal law;
6.18    (ii) the location or apprehension of the felon is within the law enforcement officer's
6.19official duties; and
6.20    (iii) the request is made in writing and in the proper exercise of those duties;
6.21    (16) the current address of a recipient of general assistance or general assistance
6.22medical care may be disclosed to probation officers and corrections agents who are
6.23supervising the recipient and to law enforcement officers who are investigating the
6.24recipient in connection with a felony level offense;
6.25    (17) information obtained from food support applicant or recipient households may
6.26be disclosed to local, state, or federal law enforcement officials, upon their written request,
6.27for the purpose of investigating an alleged violation of the Food Stamp Act, according
6.28to Code of Federal Regulations, title 7, section 272.1 (c);
6.29    (18) the address, Social Security number, and, if available, photograph of any
6.30member of a household receiving food support shall be made available, on request, to a
6.31local, state, or federal law enforcement officer if the officer furnishes the agency with the
6.32name of the member and notifies the agency that:
6.33    (i) the member:
6.34    (A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
6.35crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
7.1    (B) is violating a condition of probation or parole imposed under state or federal
7.2law; or
7.3    (C) has information that is necessary for the officer to conduct an official duty related
7.4to conduct described in subitem (A) or (B);
7.5    (ii) locating or apprehending the member is within the officer's official duties; and
7.6    (iii) the request is made in writing and in the proper exercise of the officer's official
7.7duty;
7.8    (19) the current address of a recipient of Minnesota family investment program,
7.9general assistance, general assistance medical care, or food support may be disclosed to
7.10law enforcement officers who, in writing, provide the name of the recipient and notify the
7.11agency that the recipient is a person required to register under section 243.166, but is not
7.12residing at the address at which the recipient is registered under section 243.166;
7.13    (20) certain information regarding child support obligors who are in arrears may be
7.14made public according to section 518A.74;
7.15    (21) data on child support payments made by a child support obligor and data on
7.16the distribution of those payments excluding identifying information on obligees may be
7.17disclosed to all obligees to whom the obligor owes support, and data on the enforcement
7.18actions undertaken by the public authority, the status of those actions, and data on the
7.19income of the obligor or obligee may be disclosed to the other party;
7.20    (22) data in the work reporting system may be disclosed under section 256.998,
7.21subdivision 7 ;
7.22    (23) to the Department of Education for the purpose of matching Department of
7.23Education student data with public assistance data to determine students eligible for free
7.24and reduced-price meals, meal supplements, and free milk according to United States
7.25Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and
7.26state funds that are distributed based on income of the student's family; and to verify
7.27receipt of energy assistance for the telephone assistance plan;
7.28    (24) the current address and telephone number of program recipients and emergency
7.29contacts may be released to the commissioner of health or a local board of health as
7.30defined in section 145A.02, subdivision 2, when the commissioner or local board of health
7.31has reason to believe that a program recipient is a disease case, carrier, suspect case, or at
7.32risk of illness, and the data are necessary to locate the person;
7.33    (25) to other state agencies, statewide systems, and political subdivisions of this
7.34state, including the attorney general, and agencies of other states, interstate information
7.35networks, federal agencies, and other entities as required by federal regulation or law for
7.36the administration of the child support enforcement program;
8.1    (26) to personnel of public assistance programs as defined in section 256.741, for
8.2access to the child support system database for the purpose of administration, including
8.3monitoring and evaluation of those public assistance programs;
8.4    (27) to monitor and evaluate the Minnesota family investment program by
8.5exchanging data between the Departments of Human Services and Education, on
8.6recipients and former recipients of food support, cash assistance under chapter 256, 256D,
8.7256J, or 256K, child care assistance under chapter 119B, or medical programs under
8.8chapter 256B, 256D, or 256L;
8.9    (28) to evaluate child support program performance and to identify and prevent
8.10fraud in the child support program by exchanging data between the Department of Human
8.11Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a)
8.12and (b), without regard to the limitation of use in paragraph (c), Department of Health,
8.13Department of Employment and Economic Development, and other state agencies as is
8.14reasonably necessary to perform these functions;
8.15    (29) counties operating child care assistance programs under chapter 119B may
8.16disseminate data on program participants, applicants, and providers to the commissioner
8.17of education; or
8.18(30) child support data on the parents and the child may be disclosed to agencies
8.19administering programs under titles IV-B and IV-E of the Social Security Act, as provided
8.20by federal law. Data may be disclosed only to the extent necessary for the purpose of
8.21establishing parentage or for determining who has or may have parental rights with respect
8.22to a child, which could be related to permanency planning.
8.23    (b) Information on persons who have been treated for drug or alcohol abuse may
8.24only be disclosed according to the requirements of Code of Federal Regulations, title
8.2542, sections 2.1 to 2.67.
8.26    (c) Data provided to law enforcement agencies under paragraph (a), clause (15),
8.27(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected
8.28nonpublic while the investigation is active. The data are private after the investigation
8.29becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).
8.30    (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but
8.31is are not subject to the access provisions of subdivision 10, paragraph (b).
8.32    For the purposes of this subdivision, a request will be deemed to be made in writing
8.33if made through a computer interface system.

8.34    Sec. 15. Minnesota Statutes 2010, section 13.46, subdivision 3, is amended to read:
9.1    Subd. 3. Investigative data. (a) data on persons, including data on vendors of
9.2services, licensees, and applicants that is collected, maintained, used, or disseminated
9.3by the welfare system in an investigation, authorized by statute, and relating to the
9.4enforcement of rules or law is are confidential data on individuals pursuant to section
9.513.02, subdivision 3 , or protected nonpublic data not on individuals pursuant to section
9.613.02, subdivision 13 , and shall not be disclosed except:
9.7(1) pursuant to section 13.05;
9.8(2) pursuant to statute or valid court order;
9.9(3) to a party named in a civil or criminal proceeding, administrative or judicial, for
9.10preparation of defense; or
9.11(4) to provide notices required or permitted by statute.
9.12The data referred to in this subdivision shall be classified as public data upon
9.13its submission to an administrative law judge or court in an administrative or judicial
9.14proceeding. Inactive welfare investigative data shall be treated as provided in section
9.1513.39, subdivision 3 .
9.16(b) Notwithstanding any other provision in law, the commissioner of human services
9.17shall provide all active and inactive investigative data, including the name of the reporter
9.18of alleged maltreatment under section 626.556 or 626.557, to the ombudsman for mental
9.19health and developmental disabilities upon the request of the ombudsman.

9.20    Sec. 16. Minnesota Statutes 2010, section 13.46, subdivision 4, is amended to read:
9.21    Subd. 4. Licensing data. (a) As used in this subdivision:
9.22    (1) "licensing data" means are all data collected, maintained, used, or disseminated
9.23by the welfare system pertaining to persons licensed or registered or who apply for
9.24licensure or registration or who formerly were licensed or registered under the authority
9.25of the commissioner of human services;
9.26    (2) "client" means a person who is receiving services from a licensee or from an
9.27applicant for licensure; and
9.28    (3) "personal and personal financial data" means are Social Security numbers,
9.29identity of and letters of reference, insurance information, reports from the Bureau of
9.30Criminal Apprehension, health examination reports, and social/home studies.
9.31    (b)(1)(i) Except as provided in paragraph (c), the following data on applicants,
9.32license holders, and former licensees are public: name, address, telephone number of
9.33licensees, date of receipt of a completed application, dates of licensure, licensed capacity,
9.34type of client preferred, variances granted, record of training and education in child care
9.35and child development, type of dwelling, name and relationship of other family members,
10.1previous license history, class of license, the existence and status of complaints, and the
10.2number of serious injuries to or deaths of individuals in the licensed program as reported
10.3to the commissioner of human services, the local social services agency, or any other
10.4county welfare agency. For purposes of this clause, a serious injury is one that is treated
10.5by a physician.
10.6(ii) When a correction order, an order to forfeit a fine, an order of license suspension,
10.7an order of temporary immediate suspension, an order of license revocation, an order
10.8of license denial, or an order of conditional license has been issued, or a complaint is
10.9resolved, the following data on current and former licensees and applicants are public: the
10.10substance and investigative findings of the licensing or maltreatment complaint, licensing
10.11violation, or substantiated maltreatment; the record of informal resolution of a licensing
10.12violation; orders of hearing; findings of fact; conclusions of law; specifications of the final
10.13correction order, fine, suspension, temporary immediate suspension, revocation, denial, or
10.14conditional license contained in the record of licensing action; whether a fine has been
10.15paid; and the status of any appeal of these actions. If a licensing sanction under section
10.16245A.07, or a license denial under section 245A.05, is based on a determination that the
10.17license holder or applicant is responsible for maltreatment or is disqualified under chapter
10.18245C, the identity of the license holder or applicant as the individual responsible for
10.19maltreatment or as the disqualified individual is public data at the time of the issuance of
10.20the licensing sanction or denial.
10.21(iii) When a sanction under section 245A.07 is based on a determination that the
10.22license holder is responsible for maltreatment under section 626.556 or 626.557, the
10.23identity of the license holder as the individual responsible for maltreatment is public data
10.24at the time of the issuance of the sanction.
10.25(iv) When a sanction under section 245A.07 is based on a determination that the
10.26license holder is disqualified under chapter 245C, the identity of the license holder as the
10.27disqualified individual and the reason for the disqualification are public data at the time of
10.28the issuance of the licensing sanction. If the license holder requests reconsideration of the
10.29disqualification and the disqualification is affirmed, the reason for the disqualification and
10.30the reason to not set aside the disqualification are public data.
10.31    (2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b,
10.32when any person subject to disqualification under section 245C.14 in connection with a
10.33license to provide family day care for children, child care center services, foster care
10.34for children in the provider's home, or foster care or day care services for adults in the
10.35provider's home is a substantiated perpetrator of maltreatment, and the substantiated
10.36maltreatment is a reason for a licensing action, the identity of the substantiated perpetrator
11.1of maltreatment is public data. For purposes of this clause, a person is a substantiated
11.2perpetrator if the maltreatment determination has been upheld under section 256.045;
11.3626.556, subdivision 10i ; 626.557, subdivision 9d; or chapter 14, or if an individual or
11.4facility has not timely exercised appeal rights under these sections, except as provided
11.5under clause (1).
11.6    (3) For applicants who withdraw their application prior to licensure or denial of a
11.7license, the following data are public: the name of the applicant, the city and county in
11.8which the applicant was seeking licensure, the dates of the commissioner's receipt of the
11.9initial application and completed application, the type of license sought, and the date
11.10of withdrawal of the application.
11.11    (4) For applicants who are denied a license, the following data are public: the name
11.12and address of the applicant, the city and county in which the applicant was seeking
11.13licensure, the dates of the commissioner's receipt of the initial application and completed
11.14application, the type of license sought, the date of denial of the application, the nature of
11.15the basis for the denial, the record of informal resolution of a denial, orders of hearings,
11.16findings of fact, conclusions of law, specifications of the final order of denial, and the
11.17status of any appeal of the denial.
11.18    (5) The following data on persons subject to disqualification under section 245C.14
11.19in connection with a license to provide family day care for children, child care center
11.20services, foster care for children in the provider's home, or foster care or day care services
11.21for adults in the provider's home, are public: the nature of any disqualification set
11.22aside under section 245C.22, subdivisions 2 and 4, and the reasons for setting aside the
11.23disqualification; the nature of any disqualification for which a variance was granted under
11.24sections 245A.04, subdivision 9; and 245C.30, and the reasons for granting any variance
11.25under section 245A.04, subdivision 9; and, if applicable, the disclosure that any person
11.26subject to a background study under section 245C.03, subdivision 1, has successfully
11.27passed a background study. If a licensing sanction under section 245A.07, or a license
11.28denial under section 245A.05, is based on a determination that an individual subject to
11.29disqualification under chapter 245C is disqualified, the disqualification as a basis for the
11.30licensing sanction or denial is public data. As specified in clause (1), item (iv), if the
11.31disqualified individual is the license holder or applicant, the identity of the license holder
11.32or applicant is and the reason for the disqualification are public data; and, if the license
11.33holder requested reconsideration of the disqualification and the disqualification is affirmed,
11.34the reason for the disqualification and the reason to not set aside the disqualification are
11.35public data. If the disqualified individual is an individual other than the license holder or
11.36applicant, the identity of the disqualified individual shall remain private data.
12.1    (6) When maltreatment is substantiated under section 626.556 or 626.557 and the
12.2victim and the substantiated perpetrator are affiliated with a program licensed under
12.3chapter 245A, the commissioner of human services, local social services agency, or
12.4county welfare agency may inform the license holder where the maltreatment occurred of
12.5the identity of the substantiated perpetrator and the victim.
12.6    (7) Notwithstanding clause (1), for child foster care, only the name of the license
12.7holder and the status of the license are public if the county attorney has requested that data
12.8otherwise classified as public data under clause (1) be considered private data based on the
12.9best interests of a child in placement in a licensed program.
12.10    (c) The following are private data on individuals under section 13.02, subdivision
12.1112 , or nonpublic data under section 13.02, subdivision 9: personal and personal financial
12.12data on family day care program and family foster care program applicants and licensees
12.13and their family members who provide services under the license.
12.14    (d) The following are private data on individuals: the identity of persons who have
12.15made reports concerning licensees or applicants that appear in inactive investigative data,
12.16and the records of clients or employees of the licensee or applicant for licensure whose
12.17records are received by the licensing agency for purposes of review or in anticipation of a
12.18contested matter. The names of reporters of complaints or alleged violations of licensing
12.19standards under chapters 245A, 245B, 245C, and applicable rules and alleged maltreatment
12.20under sections 626.556 and 626.557, are confidential data and may be disclosed only as
12.21provided in section 626.556, subdivision 11, or 626.557, subdivision 12b.
12.22    (e) Data classified as private, confidential, nonpublic, or protected nonpublic under
12.23this subdivision become public data if submitted to a court or administrative law judge as
12.24part of a disciplinary proceeding in which there is a public hearing concerning a license
12.25which has been suspended, immediately suspended, revoked, or denied.
12.26    (f) Data generated in the course of licensing investigations that relate to an alleged
12.27violation of law are investigative data under subdivision 3.
12.28    (g) Data that are not public data collected, maintained, used, or disseminated under
12.29this subdivision that relate to or are derived from a report as defined in section 626.556,
12.30subdivision 2 , or 626.5572, subdivision 18, are subject to the destruction provisions of
12.31sections 626.556, subdivision 11c, and 626.557, subdivision 12b.
12.32    (h) Upon request, not public data collected, maintained, used, or disseminated under
12.33this subdivision that relate to or are derived from a report of substantiated maltreatment as
12.34defined in section 626.556 or 626.557 may be exchanged with the Department of Health
12.35for purposes of completing background studies pursuant to section 144.057 and with
13.1the Department of Corrections for purposes of completing background studies pursuant
13.2to section 241.021.
13.3    (i) Data on individuals collected according to licensing activities under chapters
13.4245A and 245C, and data on individuals collected by the commissioner of human services
13.5according to maltreatment investigations under chapters 245A, 245B, and 245C, and
13.6sections 626.556 and 626.557, may be shared with the Department of Human Rights, the
13.7Department of Health, the Department of Corrections, the ombudsman for mental health
13.8and developmental disabilities, and the individual's professional regulatory board when
13.9there is reason to believe that laws or standards under the jurisdiction of those agencies
13.10may have been violated or the information may otherwise be relevant to the board's
13.11regulatory jurisdiction. Unless otherwise specified in this chapter, the identity of a reporter
13.12of alleged maltreatment or licensing violations may not be disclosed.
13.13    (j) In addition to the notice of determinations required under section 626.556,
13.14subdivision 10f , if the commissioner or the local social services agency has determined
13.15that an individual is a substantiated perpetrator of maltreatment of a child based on sexual
13.16abuse, as defined in section 626.556, subdivision 2, and the commissioner or local social
13.17services agency knows that the individual is a person responsible for a child's care in
13.18another facility, the commissioner or local social services agency shall notify the head
13.19of that facility of this determination. The notification must include an explanation of the
13.20individual's available appeal rights and the status of any appeal. If a notice is given under
13.21this paragraph, the government entity making the notification shall provide a copy of the
13.22notice to the individual who is the subject of the notice.
13.23    (k) All not public data collected, maintained, used, or disseminated under this
13.24subdivision and subdivision 3 may be exchanged between the Department of Human
13.25Services, Licensing Division, and the Department of Corrections for purposes of
13.26regulating services for which the Department of Human Services and the Department
13.27of Corrections have regulatory authority.

13.28    Sec. 17. Minnesota Statutes 2010, section 13.46, subdivision 5, is amended to read:
13.29    Subd. 5. Medical data; contracts. data relating to the medical, psychiatric, or
13.30mental health of any individual, including diagnosis, progress charts, treatment received,
13.31case histories, and opinions of health care providers, that is collected, are maintained,
13.32used, or disseminated by any agency to the welfare system is private data on individuals
13.33and will be available to the data subject, unless the private health care provider has clearly
13.34requested in writing that the data be withheld pursuant to sections 144.291 to 144.298.
13.35Data on individuals that is collected, maintained, used, or disseminated by a private health
14.1care provider under contract to any agency of the welfare system is are private data on
14.2individuals, and is are subject to the provisions of sections 13.02 to 13.07 and this section,
14.3except that the provisions of section 13.04, subdivision 3, shall not apply. Access to
14.4medical data referred to in this subdivision by the individual who is the subject of the data
14.5is subject to the provisions of sections 144.291 to 144.298. Access to information that is
14.6maintained by the public authority responsible for support enforcement and that is needed
14.7to enforce medical support is subject to the provisions of section 518A.41.

14.8    Sec. 18. Minnesota Statutes 2010, section 13.46, subdivision 6, is amended to read:
14.9    Subd. 6. Other data. Data collected, used, maintained, or disseminated by the
14.10welfare system that is are not data on individuals is are public pursuant to section 13.03,
14.11except the following data:
14.12(a) investigative data classified by section 13.39;
14.13(b) welfare investigative data classified by section 13.46, subdivision 3; and
14.14(c) security information classified by section 13.37, subdivision 2.

14.15    Sec. 19. Minnesota Statutes 2010, section 13.462, subdivision 1, is amended to read:
14.16    Subdivision 1. Definition. As used in this section, "benefit data" means are data on
14.17individuals collected or created because an individual seeks information about becoming,
14.18is, or was an applicant for or a recipient of benefits or services provided under various
14.19housing, home ownership, rehabilitation and community action agency, Head Start, and
14.20food assistance programs administered by government entities. Benefit data does not
14.21include welfare data which shall be administered in accordance with section 13.46.

14.22    Sec. 20. Minnesota Statutes 2010, section 13.47, subdivision 1, is amended to read:
14.23    Subdivision 1. Definitions. (a) "Employment and training data" means are data on
14.24individuals collected, maintained, used, or disseminated because an individual applies for,
14.25is currently enrolled in, or has been enrolled in employment and training programs funded
14.26with federal, state, or local resources, including those provided under the Workforce
14.27Investment Act of 1998, United States Code, title 29, section 2801.
14.28(b) "Employment and training service provider" means an entity certified, or seeking
14.29to be certified, by the commissioner of employment and economic development to
14.30deliver employment and training services under section 116J.401, subdivision 2, or an
14.31organization that contracts with a certified entity or the Department of Employment and
14.32Economic Development to deliver employment and training services.
15.1(c) "Provider of training services" means an organization or entity that provides
15.2training under the Workforce Investment Act of 1998, United States Code, title 29,
15.3section 2801.

15.4    Sec. 21. Minnesota Statutes 2010, section 13.485, is amended by adding a subdivision
15.5to read:
15.6    Subd. 5. Corporations created before May 31, 1997. Government data maintained
15.7by a corporation created by a political subdivision before May 31, 1997, are governed by
15.8section 465.719, subdivision 14.

15.9    Sec. 22. Minnesota Statutes 2010, section 13.485, is amended by adding a subdivision
15.10to read:
15.11    Subd. 6. Northern Technology Initiative, Inc. Government data maintained by
15.12Northern Technology Initiative, Inc. are classified under section 116T.02, subdivisions
15.137 and 8.

15.14    Sec. 23. Minnesota Statutes 2010, section 13.548, is amended to read:
15.1513.548 SOCIAL RECREATIONAL DATA.
15.16The following data collected and maintained by political subdivisions for the purpose
15.17of enrolling individuals in recreational and other social programs are classified as private,
15.18pursuant to section 13.02, subdivision 12: the name, address, telephone number, any other
15.19data that identifies identify the individual, and any data which describes the health or
15.20medical condition of the individual, family relationships and living arrangements of an
15.21individual or which are opinions as to the emotional makeup or behavior of an individual.

15.22    Sec. 24. Minnesota Statutes 2010, section 13.585, subdivision 2, is amended to read:
15.23    Subd. 2. Confidential data. The following data on individuals maintained by the
15.24housing agency are classified as confidential data, pursuant to section 13.02, subdivision
15.253 : correspondence between the agency and the agency's attorney containing data collected
15.26as part of an active investigation undertaken for the purpose of the commencement or
15.27defense of potential or actual litigation, including but not limited to: referrals to the Office
15.28of the Inspector General or other prosecuting agencies for possible prosecution for fraud;
15.29initiation of lease terminations and eviction actions; admission denial hearings concerning
15.30prospective tenants; commencement of actions against independent contractors of the
15.31agency; and tenant grievance hearings.

16.1    Sec. 25. Minnesota Statutes 2010, section 13.585, subdivision 3, is amended to read:
16.2    Subd. 3. Protected nonpublic data. The following data not on individuals
16.3maintained by the housing agency are classified as protected nonpublic data, pursuant
16.4to section 13.02, subdivision 13: correspondence between the agency and the agency's
16.5attorney containing data collected as part of an active investigation undertaken for the
16.6purpose of the commencement or defense of potential or actual litigation, including but
16.7not limited to, referrals to the Office of the Inspector General or other prosecuting bodies
16.8or agencies for possible prosecution for fraud and commencement of actions against
16.9independent contractors of the agency.

16.10    Sec. 26. Minnesota Statutes 2010, section 13.601, subdivision 3, is amended to read:
16.11    Subd. 3. Applicants for appointment. (a) Data about applicants for appointment to
16.12a public body collected by a government entity as a result of the applicant's application for
16.13appointment to the public body are private data on individuals except that the following
16.14are public:
16.15    (1) name;
16.16    (2) city of residence, except when the appointment has a residency requirement that
16.17requires the entire address to be public;
16.18    (3) education and training;
16.19    (4) employment history;
16.20    (5) volunteer work;
16.21    (6) awards and honors;
16.22    (7) prior government service; and
16.23    (8) any data required to be provided or that is are voluntarily provided in an
16.24application for appointment to a multimember agency pursuant to section 15.0597.; and
16.25(9) veteran status.
16.26    (b) Once an individual is appointed to a public body, the following additional items
16.27of data are public:
16.28    (1) residential address; and
16.29    (2) either a telephone number or electronic mail address where the appointee can be
16.30reached, or both at the request of the appointee.
16.31    (c) Notwithstanding paragraph (b), any electronic mail address or telephone number
16.32provided by a public body for use by an appointee shall be public. An appointee may
16.33use an electronic mail address or telephone number provided by the public body as the
16.34designated electronic mail address or telephone number at which the appointee can be
16.35reached.

17.1    Sec. 27. Minnesota Statutes 2010, section 13.643, subdivision 5, is amended to read:
17.2    Subd. 5. Data received from federal government. All data received by the
17.3Department of Agriculture from the United States Department of Health and Human
17.4Services, the Food and Drug Administration, and the Agriculture, Food Safety, and
17.5Inspection Service that is are necessary for the purpose of carrying out the Department
17.6of Agriculture's statutory food safety regulatory and enforcement duties are classified
17.7as nonpublic data under section 13.02, subdivision 9, and private data on individuals
17.8under section 13.02, subdivision 12. This section does not preclude the obligation of the
17.9Department of Agriculture to appropriately inform consumers of issues that could affect
17.10public health.

17.11    Sec. 28. Minnesota Statutes 2010, section 13.643, subdivision 7, is amended to read:
17.12    Subd. 7. Research, monitoring, or assessment data. (a) Except as provided in
17.13paragraph (b), the following data created, collected, and maintained by the Department of
17.14Agriculture during research, monitoring, or the assessment of farm practices and related
17.15to natural resources, the environment, agricultural facilities, or agricultural practices are
17.16classified as private or nonpublic:
17.17(1) names, addresses, telephone numbers, and e-mail addresses of study participants
17.18or cooperators; and
17.19(2) location of research, study site, and global positioning system data.
17.20(b) The following data is are public:
17.21(1) location data and unique well numbers for wells and springs unless protected
17.22under section 18B.10 or another statute or rule; and
17.23(2) data from samples collected from a public water supply as defined in section
17.24144.382, subdivision 4 .
17.25(c) The Department of Agriculture may disclose data collected under paragraph (a) if
17.26the Department of Agriculture determines that there is a substantive threat to human health
17.27and safety or to the environment, or to aid in the law enforcement process. The Department
17.28of Agriculture may also disclose data with written consent of the subject of the data.

17.29    Sec. 29. Minnesota Statutes 2010, section 13.6435, is amended by adding a subdivision
17.30to read:
17.31    Subd. 13. Ethanol producer payments. Audited financial statements and notes
17.32and disclosure statements submitted to the commissioner of agriculture regarding
17.33ethanol producer payments pursuant to section 41A.09 are governed by section 41A.09,
17.34subdivision 3a.

18.1    Sec. 30. Minnesota Statutes 2010, section 13.65, subdivision 1, is amended to read:
18.2    Subdivision 1. Private data. The following data created, collected and maintained
18.3by the Office of the Attorney General are classified as private data on individuals:
18.4(a) the record, including but not limited to, the transcript and exhibits of all
18.5disciplinary proceedings held by a state agency, board or commission, except in those
18.6instances where there is a public hearing;
18.7(b) communications and noninvestigative files regarding administrative or policy
18.8matters which do not evidence final public actions;
18.9(c) consumer complaint data, other than that those data classified as confidential,
18.10including consumers' complaints against businesses and follow-up investigative materials;
18.11(d) investigative data, obtained in anticipation of, or in connection with litigation or
18.12an administrative proceeding where the investigation is not currently active; and
18.13(e) data collected by the Consumer Division of the Attorney General's Office in its
18.14administration of the home protection hot line including: the name, address, and phone
18.15number of the consumer; the name and address of the mortgage company; the total amount
18.16of the mortgage; the amount of money needed to bring the delinquent mortgage current;
18.17the consumer's place of employment; the consumer's total family income; and the history
18.18of attempts made by the consumer to renegotiate a delinquent mortgage.

18.19    Sec. 31. Minnesota Statutes 2010, section 13.65, subdivision 2, is amended to read:
18.20    Subd. 2. Confidential data. The following data created, collected and maintained
18.21by the Office of the Attorney General are classified as confidential, pursuant to section
18.2213.02, subdivision 3 : data acquired through communications made in official confidence
18.23to members of the attorney general's staff where the public interest would suffer by
18.24disclosure of the data.

18.25    Sec. 32. Minnesota Statutes 2010, section 13.65, subdivision 3, is amended to read:
18.26    Subd. 3. Public data. Data describing the final disposition of disciplinary
18.27proceedings held by any state agency, board, or commission are classified as public,
18.28pursuant to section 13.02, subdivision 15.

18.29    Sec. 33. Minnesota Statutes 2010, section 13.679, subdivision 2, is amended to read:
18.30    Subd. 2. Utility or telephone company employee or customer. (a) The following
18.31are private data on individuals: data collected by the commissioner of commerce or the
18.32Public Utilities Commission, including the names or any other data that would reveal the
18.33identity of either an employee or customer of a telephone company or public utility who
19.1files a complaint or provides information regarding a violation or suspected violation by
19.2the telephone company or public utility of any federal or state law or rule; except this these
19.3data may be released as needed to law enforcement authorities.
19.4(b) The following are private data on individuals: data collected by the commission
19.5or the commissioner of commerce on individual public utility or telephone company
19.6customers or prospective customers, including copies of tax forms, needed to administer
19.7federal or state programs that provide relief from telephone company bills, public utility
19.8bills, or cold weather disconnection. The determination of eligibility of the customers
19.9or prospective customers may be released to public utilities or telephone companies to
19.10administer the programs.

19.11    Sec. 34. Minnesota Statutes 2010, section 13.719, subdivision 1, is amended to read:
19.12    Subdivision 1. Comprehensive health insurance data. (a) The following data
19.13on eligible persons and enrollees of the state comprehensive health insurance plan are
19.14classified as private: all data collected or maintained by the Minnesota Comprehensive
19.15Health Association, the writing carrier, and the Department of Commerce.
19.16(b) The Minnesota Comprehensive Health Association is considered a state agency
19.17for purposes of this chapter.
19.18(c) The Minnesota Comprehensive Health Association may disclose data on eligible
19.19persons and enrollees of the state comprehensive health insurance plan to conduct actuarial
19.20and research studies, notwithstanding the classification of this these data, if:
19.21(1) the board authorizes the disclosure;
19.22(2) no individual may be identified in the actuarial or research report;
19.23(3) materials allowing an individual to be identified are returned or destroyed as soon
19.24as they are no longer needed; and
19.25(4) the actuarial or research organization agrees not to disclose the information
19.26unless the disclosure would be permitted under this chapter is made by the association.

19.27    Sec. 35. Minnesota Statutes 2010, section 13.719, subdivision 5, is amended to read:
19.28    Subd. 5. Data on insurance companies and township mutual companies. The
19.29following data collected and maintained by the Department of Commerce are classified
19.30as nonpublic data:
19.31(a) that portion of any of the following data which would identify the affected
19.32insurance company or township mutual company: (1) any order issued pursuant to
19.33section 60A.031, subdivision 5, or 67A.241, subdivision 4, and based in whole or in
19.34part upon a determination or allegation by the Commerce Department or commissioner
20.1that an insurance company or township mutual company is in an unsound, impaired, or
20.2potentially unsound or impaired condition; or (2) any stipulation, consent agreement, letter
20.3agreement, or similar document evidencing the settlement of any proceeding commenced
20.4pursuant to an order of a type described in clause (1), or an agreement between the
20.5department and an insurance company or township mutual company entered in lieu of the
20.6issuance of an order of the type described in clause (1); and
20.7(b) any correspondence or attachments relating to the data listed in this subdivision.

20.8    Sec. 36. Minnesota Statutes 2010, section 13.7191, subdivision 14, is amended to read:
20.9    Subd. 14. Requirements for health plan companies. (a) Minnesota Risk
20.10Adjustment Association. Data privacy issues concerning the Minnesota Risk Adjustment
20.11Association are governed by section 62Q.03, subdivision 9.
20.12(b) Essential community provider. Data on applications for designation as an
20.13essential community provider are classified under section 62Q.19, subdivision 2.
20.14(c) Disclosure of executive compensation. Disclosure of certain data to consumer
20.15advisory boards is governed by section 62Q.64.
20.16(d) Audits conducted by independent organizations. Data provided by an
20.17independent organization related to an audit report are governed by section 62Q.37,
20.18subdivision 8.

20.19    Sec. 37. Minnesota Statutes 2010, section 13.7191, subdivision 18, is amended to read:
20.20    Subd. 18. Workers' compensation self-insurance. (a) Self-Insurers' Advisory
20.21Committee. Data received by the Self-Insurers' Advisory Committee from the
20.22commissioner are classified under section 79A.02, subdivision 2.
20.23(b) Self-insurers' security fund. Disclosure of certain data received by the
20.24self-insurers' security is governed by section 79A.09, subdivision 4.
20.25(c) Commercial self-insurers' security fund. Disclosure of certain data received by
20.26the commercial self-insurers' security fund is governed by section 79A.26, subdivision 4.
20.27(d) Self-insurers' security fund and the board of trustees. The security fund and
20.28its board of trustees are governed by section 79A.16.
20.29(e) Commercial self-insurance group security fund. The commercial
20.30self-insurance group security fund and its board of trustees are governed by section
20.3179A.28.

20.32    Sec. 38. Minnesota Statutes 2010, section 13.72, is amended by adding a subdivision
20.33to read:
21.1    Subd. 17. Adopt-a-highway data. The following data on participants collected
21.2by the Department of Transportation to administer the adopt-a-highway program are
21.3classified as private data on individuals: home addresses, except for zip codes; home
21.4e-mail addresses; and home telephone numbers.

21.5    Sec. 39. Minnesota Statutes 2010, section 13.7932, is amended to read:
21.613.7932 LOGGER SAFETY AND EDUCATION PROGRAM DATA.
21.7    The following data collected from persons who attend safety and education programs
21.8or seminars for loggers established or approved by the commissioner under section
21.9176.130, subdivision 11, is are public data:
21.10    (1) the names of the individuals attending the program or seminar;
21.11    (2) the names of each attendee's employer;
21.12    (3) the city where the employer is located;
21.13    (4) the date the program or seminar was held; and
21.14    (5) a description of the seminar or program.

21.15    Sec. 40. Minnesota Statutes 2010, section 13.82, subdivision 2, is amended to read:
21.16    Subd. 2. Arrest data. The following data created or collected by law enforcement
21.17agencies which documents document any actions taken by them to cite, arrest, incarcerate
21.18or otherwise substantially deprive an adult individual of liberty shall be public at all
21.19times in the originating agency:
21.20(a) time, date and place of the action;
21.21(b) any resistance encountered by the agency;
21.22(c) any pursuit engaged in by the agency;
21.23(d) whether any weapons were used by the agency or other individual;
21.24(e) the charge, arrest or search warrants, or other legal basis for the action;
21.25(f) the identities of the agencies, units within the agencies and individual persons
21.26taking the action;
21.27(g) whether and where the individual is being held in custody or is being incarcerated
21.28by the agency;
21.29(h) the date, time and legal basis for any transfer of custody and the identity of the
21.30agency or person who received custody;
21.31(i) the date, time and legal basis for any release from custody or incarceration;
21.32(j) the name, age, sex and last known address of an adult person or the age and sex
21.33of any juvenile person cited, arrested, incarcerated or otherwise substantially deprived
21.34of liberty;
22.1(k) whether the agency employed wiretaps or other eavesdropping techniques, unless
22.2the release of this specific data would jeopardize an ongoing investigation;
22.3(l) the manner in which the agencies received the information that led to the arrest
22.4and the names of individuals who supplied the information unless the identities of those
22.5individuals qualify for protection under subdivision 17; and
22.6(m) response or incident report number.

22.7    Sec. 41. Minnesota Statutes 2010, section 13.82, subdivision 3, is amended to read:
22.8    Subd. 3. Request for service data. The following data created or collected by
22.9law enforcement agencies which documents document requests by the public for law
22.10enforcement services shall be public government data:
22.11(a) the nature of the request or the activity complained of;
22.12(b) the name and address of the individual making the request unless the identity of
22.13the individual qualifies for protection under subdivision 17;
22.14(c) the time and date of the request or complaint; and
22.15(d) the response initiated and the response or incident report number.

22.16    Sec. 42. Minnesota Statutes 2010, section 13.82, subdivision 6, is amended to read:
22.17    Subd. 6. Response or incident data. The following data created or collected by
22.18law enforcement agencies which documents document the agency's response to a request
22.19for service including, but not limited to, responses to traffic accidents, or which describes
22.20describe actions taken by the agency on its own initiative shall be public government data:
22.21(a) date, time and place of the action;
22.22(b) agencies, units of agencies and individual agency personnel participating in the
22.23action unless the identities of agency personnel qualify for protection under subdivision 17;
22.24(c) any resistance encountered by the agency;
22.25(d) any pursuit engaged in by the agency;
22.26(e) whether any weapons were used by the agency or other individuals;
22.27(f) a brief factual reconstruction of events associated with the action;
22.28(g) names and addresses of witnesses to the agency action or the incident unless the
22.29identity of any witness qualifies for protection under subdivision 17;
22.30(h) names and addresses of any victims or casualties unless the identities of those
22.31individuals qualify for protection under subdivision 17;
22.32(i) the name and location of the health care facility to which victims or casualties
22.33were taken;
22.34(j) response or incident report number;
23.1(k) dates of birth of the parties involved in a traffic accident;
23.2(l) whether the parties involved were wearing seat belts; and
23.3(m) the alcohol concentration of each driver.

23.4    Sec. 43. Minnesota Statutes 2010, section 13.82, subdivision 7, is amended to read:
23.5    Subd. 7. Criminal investigative data. Except for the data defined in subdivisions
23.62, 3, and 6, investigative data collected or created by a law enforcement agency in order
23.7to prepare a case against a person, whether known or unknown, for the commission of a
23.8crime or other offense for which the agency has primary investigative responsibility is are
23.9confidential or protected nonpublic while the investigation is active. Inactive investigative
23.10data is are public unless the release of the data would jeopardize another ongoing
23.11investigation or would reveal the identity of individuals protected under subdivision 17.
23.12Photographs which are part of inactive investigative files and which are clearly offensive
23.13to common sensibilities are classified as private or nonpublic data, provided that the
23.14existence of the photographs shall be disclosed to any person requesting access to the
23.15inactive investigative file. An investigation becomes inactive upon the occurrence of any
23.16of the following events:
23.17(a) a decision by the agency or appropriate prosecutorial authority not to pursue
23.18the case;
23.19(b) expiration of the time to bring a charge or file a complaint under the applicable
23.20statute of limitations, or 30 years after the commission of the offense, whichever comes
23.21earliest; or
23.22(c) exhaustion of or expiration of all rights of appeal by a person convicted on
23.23the basis of the investigative data.
23.24Any investigative data presented as evidence in court shall be public. Data
23.25determined to be inactive under clause (a) may become active if the agency or appropriate
23.26prosecutorial authority decides to renew the investigation.
23.27During the time when an investigation is active, any person may bring an action in
23.28the district court located in the county where the data is are being maintained to authorize
23.29disclosure of investigative data. The court may order that all or part of the data relating to
23.30a particular investigation be released to the public or to the person bringing the action. In
23.31making the determination as to whether investigative data shall be disclosed, the court
23.32shall consider whether the benefit to the person bringing the action or to the public
23.33outweighs any harm to the public, to the agency or to any person identified in the data.
23.34The data in dispute shall be examined by the court in camera.

24.1    Sec. 44. Minnesota Statutes 2010, section 13.82, is amended by adding a subdivision
24.2to read:
24.3    Subd. 30. Access by probationary agencies. Any law enforcement agency may
24.4share not public domestic violence-related data provided to the agency under section
24.513.84, subdivision 6, paragraph (a), with any probationary agency for use in preparing
24.6release recommendations, sentencing recommendations, or supervision of individuals. Not
24.7public data shared with a probationary agency remain classified pursuant to this section.

24.8    Sec. 45. Minnesota Statutes 2010, section 13.83, subdivision 2, is amended to read:
24.9    Subd. 2. Public data. Unless specifically classified otherwise by state statute or
24.10federal law, the following data created or collected by a medical examiner or coroner on
24.11a deceased individual is are public: name of the deceased; date of birth; date of death;
24.12address; sex; race; citizenship; height; weight; hair color; eye color; build; complexion;
24.13age, if known, or approximate age; identifying marks, scars and amputations; a description
24.14of the decedent's clothing; marital status; location of death including name of hospital
24.15where applicable; name of spouse; whether or not the decedent ever served in the armed
24.16forces of the United States; occupation; business; father's name (also birth name, if
24.17different); mother's name (also birth name, if different); birthplace; birthplace of parents;
24.18cause of death; causes of cause of death; whether an autopsy was performed and if so,
24.19whether it was conclusive; date and place of injury, if applicable, including work place;
24.20how injury occurred; whether death was caused by accident, suicide, homicide, or was
24.21of undetermined cause; certification of attendance by physician; physician's name and
24.22address; certification by coroner or medical examiner; name and signature of coroner
24.23or medical examiner; type of disposition of body; burial place name and location, if
24.24applicable; date of burial, cremation or removal; funeral home name and address; and
24.25name of local register or funeral director.

24.26    Sec. 46. Minnesota Statutes 2010, section 13.83, subdivision 4, is amended to read:
24.27    Subd. 4. Investigative data. Data created or collected by a county coroner or
24.28medical examiner which is are part of an active investigation mandated by chapter 390, or
24.29any other general or local law relating to coroners or medical examiners is are confidential
24.30data or protected nonpublic data, until the completion of the coroner's or medical
24.31examiner's final summary of findings but may be disclosed to a state or federal agency
24.32charged by law with investigating the death of the deceased individual about whom the
24.33medical examiner or coroner has medical examiner data. Upon completion of the coroner's
24.34or medical examiner's final summary of findings, the data collected in the investigation
25.1and the final summary of it are private or nonpublic data. However, if the final summary
25.2and the record of death indicate the manner of death is homicide, undetermined, or
25.3pending investigation and there is an active law enforcement investigation, within the
25.4meaning of section 13.82, subdivision 7, relating to the death of the deceased individual,
25.5the data remain confidential or protected nonpublic. Upon review by the county attorney
25.6of the jurisdiction in which the law enforcement investigation is active, the data may be
25.7released to persons described in subdivision 8 if the county attorney determines release
25.8would not impede the ongoing investigation. When the law enforcement investigation
25.9becomes inactive, the data are private or nonpublic data. Nothing in this subdivision shall
25.10be construed to make not public the data elements identified in subdivision 2 at any point
25.11in the investigation or thereafter.

25.12    Sec. 47. Minnesota Statutes 2010, section 13.83, subdivision 6, is amended to read:
25.13    Subd. 6. Classification of other data. Unless a statute specifically provides a
25.14different classification, all other data created or collected by a county coroner or medical
25.15examiner that is are not data on deceased individuals or the manner and circumstances of
25.16their death is are public pursuant to section 13.03.

25.17    Sec. 48. Minnesota Statutes 2010, section 13.84, subdivision 6, is amended to read:
25.18    Subd. 6. Public benefit data. (a) The responsible authority or its designee of a
25.19parole or probation authority or correctional agency may release private or confidential
25.20court services data related to:
25.21(1) criminal acts to any law enforcement agency, if necessary for law enforcement
25.22purposes; and
25.23(2) criminal acts or delinquent acts to the victims of criminal or delinquent acts
25.24to the extent that the data are necessary for the victim to assert the victim's legal right
25.25to restitution; and
25.26(3) history of domestic violence-related acts and domestic violence risk assessments
25.27to a court, a law enforcement agency, a prosecuting authority, a court services department,
25.28parole or probation authority, state or local correctional agency, or an agency performing
25.29pretrial release supervision or studies for criminal justice purposes.
25.30(b) A parole or probation authority, a correctional agency, or agencies that provide
25.31correctional services under contract to a correctional agency may release to a law
25.32enforcement agency the following data on defendants, parolees, or probationers: current
25.33address, dates of entrance to and departure from agency programs, and dates and times of
25.34any absences, both authorized and unauthorized, from a correctional program.
26.1(c) The responsible authority or its designee of a juvenile correctional agency may
26.2release private or confidential court services data to a victim of a delinquent act to the
26.3extent the data are necessary to enable the victim to assert the victim's right to request
26.4notice of release under section 611A.06. The data that may be released include only the
26.5name, home address, and placement site of a juvenile who has been placed in a juvenile
26.6correctional facility as a result of a delinquent act.

26.7    Sec. 49. Minnesota Statutes 2010, section 13.84, is amended by adding a subdivision
26.8to read:
26.9    Subd. 10. Law enforcement data. Data shared by a law enforcement agency
26.10pursuant to section 13.82, subdivision 30, remain classified pursuant to that section and
26.11may be released as provided in subdivision 5.

26.12    Sec. 50. Minnesota Statutes 2010, section 13.87, subdivision 2, is amended to read:
26.13    Subd. 2. Firearms data. All data pertaining to the purchase or transfer of firearms
26.14and applications for permits to carry firearms which are collected by government entities
26.15pursuant to sections 624.712 to 624.719 are classified as private, pursuant to section
26.1613.02, subdivision 12 .

26.17    Sec. 51. [13D.08] OPEN MEETING LAW CODED ELSEWHERE.
26.18    Subdivision 1. Board of Animal Health. Certain meetings of the Board of Animal
26.19Health are governed by section 35.0661, subdivision 1.
26.20    Subd. 2. Minnesota Life and Health Guaranty Association. Meetings of the
26.21Minnesota Life and Health Guaranty Association Board of Directors are governed by
26.22section 61B.22.
26.23    Subd. 3. Comprehensive Health Association. Certain meetings of the
26.24Comprehensive Health Association are governed by section 62E.10, subdivision 4.
26.25    Subd. 4. Health Technology Advisory Committee. Certain meetings of the Health
26.26Technology Advisory Committee are governed by section 62J.156.
26.27    Subd. 5. Health Coverage Reinsurance Association. Meetings of the Health
26.28Coverage Reinsurance Association are governed by section 62L.13, subdivision 3.
26.29    Subd. 6. Self-insurers' security fund. Meetings of the self-insurers' security fund
26.30and its board of trustees are governed by section 79A.16.
26.31    Subd. 7. Commercial self-insurance group security fund. Meetings of the
26.32commercial self-insurance group security fund are governed by section 79A.28.
27.1    Subd. 8. Lessard-Sams Outdoor Heritage Council. Certain meetings of the
27.2Lessard-Sams Outdoor Heritage Council are governed by section 97A.056, subdivision 5.
27.3    Subd. 9. Enterprise Minnesota, Inc. Certain meetings of the board of directors of
27.4Enterprise Minnesota, Inc. are governed by section 116O.03.
27.5    Subd. 10. Minnesota Business Finance, Inc. Certain meetings of Minnesota
27.6Business Finance, Inc. are governed by section 116S.02.
27.7    Subd. 11. Northern Technology Initiative, Inc. Certain meetings of Northern
27.8Technology Initiative, Inc. are governed by section 116T.02.
27.9    Subd. 12. Agricultural Utilization Research Institute. Certain meetings of the
27.10Agricultural Utilization Research Institute are governed by section 116V.01, subdivision
27.1110.
27.12    Subd. 13. Hospital authorities. Certain meetings of hospitals established under
27.13section 144.581 are governed by section 144.581, subdivisions 4 and 5.
27.14    Subd. 14. Advisory Council on Workers' Compensation. Certain meetings of
27.15the Advisory Council on Workers' Compensation are governed by section 175.007,
27.16subdivision 3.
27.17    Subd. 15. Electric cooperatives. Meetings of a board of directors of an electric
27.18cooperative that has more than 50,000 members are governed by section 308A.327.
27.19    Subd. 16. Town boards. Certain meetings of town boards are governed by section
27.20366.01, subdivision 11.
27.21    Subd. 17. Hennepin County Medical Center and HMO. Certain meetings of the
27.22Hennepin County Board on behalf of the HMO or Hennepin Healthcare System, Inc. are
27.23governed by section 383B.217.
27.24    Subd. 18. Hennepin Healthcare System, Inc. Certain meetings of the Hennepin
27.25Healthcare System, Inc. are governed by section 383B.917.

27.26    Sec. 52. Minnesota Statutes 2010, section 79A.16, is amended to read:
27.2779A.16 OPEN MEETING; ADMINISTRATIVE PROCEDURE ACT.
27.28The security fund and its board of trustees shall not be subject to (1) the Open
27.29Meeting Law, chapter 13D, (2) the Open Appointments Law, (3) the Data Privacy Law
27.30Minnesota Government Data Practices Act, chapter 13, and (4) except where specifically
27.31set forth, the Administrative Procedure Act.
27.32The Self-Insurers' Advisory Committee shall not be subject to clauses (2) and (4).

27.33    Sec. 53. Minnesota Statutes 2010, section 79A.28, is amended to read:
27.3479A.28 OPEN MEETING; ADMINISTRATIVE PROCEDURE ACT.
28.1The commercial self-insurance group security fund and its board of trustees shall not
28.2be subject to:
28.3(1) the Open Meeting Law, chapter 13D;
28.4(2) the Open Appointments Law;
28.5(3) the Data Privacy Law Minnesota Government Data Practices Act, chapter 13; and
28.6(4) except where specifically set forth, the Administrative Procedure Act.

28.7    Sec. 54. [136A.051] STUDENT RECORDS AND DATA.
28.8When a nonpublic institution of higher education provides the Office of Higher
28.9Education student data or records pursuant to section 136A.05, subdivision 1; 136A.121,
28.10subdivision 18; or 136A.1701, subdivision 11, the institution of higher education is not
28.11liable for a breach of confidentiality, disclosure, use, retention, or destruction of the
28.12student data or records, if the breach, disclosure, use, retention, or destruction results from
28.13actions or omissions of:
28.14(1) the Office of Higher Education; or
28.15(2) persons provided access to the data or records by the Office of Higher Education."
28.16Amend the title accordingly