1.1.................... moves to amend H.F. No. 2232 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2010, section 171.07, subdivision 1a, is amended to
1.4read:
1.5 Subd. 1a.
Filing photograph or image; data classification. The department shall
1.6file, or contract to file, all photographs or electronically produced images obtained in the
1.7process of issuing drivers' licenses or Minnesota identification cards.
The department shall
1.8permanently retain all photographs or electronically produced images collected and filed
1.9pursuant to this section. The photographs or electronically produced images shall be
1.10private data pursuant to section
13.02, subdivision 12. Notwithstanding section
13.04,
1.11subdivision 3
, the department shall not be required to provide copies of photographs or
1.12electronically produced images to data subjects. The use of the files is restricted:
1.13 (1) to the issuance and control of drivers' licenses;
1.14 (2) to criminal justice agencies, as defined in section
299C.46, subdivision 2, for the
1.15investigation and prosecution of crimes, service of process, enforcement of no contact
1.16orders, location of missing persons, investigation and preparation of cases for criminal,
1.17juvenile, and traffic court, and supervision of offenders;
1.18 (3) to public defenders, as defined in section
611.272, for the investigation and
1.19preparation of cases for criminal, juvenile, and traffic courts;
and
1.20 (4) to child support enforcement purposes under section
256.978; and
1.21(5) to publicly funded assistance program eligibility under chapters 119B, 256B,
1.22256D, 256J, 256I, 256L or the supplemental nutrition assistance program, and fraud
1.23investigative purposes under sections 256.98, 256.983, 256B.064, and 256J.32.
1.24 Sec. 2. Minnesota Statutes 2010, section 256.01, is amended by adding a subdivision
1.25to read:
2.1 Subd. 18c. Verification of legal presence. The commissioner of public safety
2.2shall, upon request of the commissioner, provide the dates of a person's established legal
2.3presence as provided to the commissioner of public safety, to the commissioner of human
2.4services. The commissioner of human services must determine whether the data newly
2.5indicates that the established legal presence has expired for any individuals who receive
2.6publicly funded assistance under chapters 119B, 256B, 256D, 256J, 256I, 256L, or the
2.7supplemental nutrition assistance program. The commissioner shall terminate publicly
2.8funded assistance to persons whose established legal presence has expired and who are not
2.9otherwise eligible to receive publicly funded assistance under chapters 119B, 256B, 256D,
2.10256J, 256I, 256L, or the supplemental nutrition assistance program. The commissioner
2.11shall notify the county attorney when it confirms that a person whose established legal
2.12presence has expired was receiving publicly funded assistance under chapters 119B, 256B,
2.13256D, 256I, 256J, 256L, or the supplemental nutrition program.
2.14 Sec. 3. Minnesota Statutes 2010, section 256.01, is amended by adding a subdivision
2.15to read:
2.16 Subd. 18d. Drug convictions. (a) The state court administrator shall report
2.17regularly by electronic means to the commissioner of human services the name, address,
2.18date of birth, and, if available, driver's license or state identification card number, date of
2.19sentence, effective date of the sentence, and county in which the conviction occurred of
2.20each person who has been convicted of a felony under chapter 152.
2.21(b) The commissioner shall determine at the time of initial application, recertification,
2.22and at any other time the commissioner is made aware of any felony drug conviction if
2.23any of the persons in the report is applying for or receiving publicly funded assistance in
2.24violation of sections 256D.024, 256J.26, or any other law or rule. If a person is determined
2.25to have violated sections 256D.024, 256J.26, or any other law or rule, the commissioner
2.26shall terminate the person's publicly funded assistance and notify the county attorney.
2.27 Sec. 4. Minnesota Statutes 2010, section 256J.32, subdivision 4, is amended to read:
2.28 Subd. 4.
Factors to be verified. The county agency shall verify the following
2.29at application:
2.30(1) identity of adults;
2.31(2) presence of the minor child in the home, if questionable;
2.32(3) relationship of a minor child to caregivers in the assistance unit;
2.33(4) age, if necessary to determine MFIP eligibility;
2.34(5) immigration status;
3.1(6) Social Security number according to the requirements of section
256J.30,
3.2subdivision 12
;
3.3(7) income;
3.4(8) self-employment expenses used as a deduction;
3.5(9) source and purpose of deposits and withdrawals from business accounts;
3.6(10) spousal support and child support payments made to persons outside the
3.7household;
3.8(11) real property;
3.9(12) vehicles;
3.10(13) checking and savings accounts;
3.11(14) savings certificates, savings bonds, stocks, and individual retirement accounts;
3.12(15) pregnancy, if related to eligibility;
3.13(16) inconsistent information, if related to eligibility;
3.14(17) burial accounts;
3.15(18) school attendance, if related to eligibility;
3.16(19) residence;
3.17(20) a claim of family violence if used as a basis to qualify for the family violence
3.18waiver;
3.19(21) disability if used as the basis for reducing the hourly participation requirements
3.20under section
256J.55, subdivision 1, or the type of activity included in an employment
3.21plan under section
256J.521, subdivision 2;
and
3.22(22) information needed to establish an exception under section
256J.24, subdivision
3.239
; and
3.24(23) the validity and status of Minnesota drivers' licenses or identification cards,
3.25if provided as documentation of identity.
3.26 Sec. 5.
AGREEMENT FOR DATA SHARING BETWEEN THE DEPARTMENT
3.27OF PUBLIC SAFETY AND THE DEPARTMENT OF HUMAN SERVICES OF
3.28FACIAL RECOGNITION VERIFICATION PROJECT DIGITAL IMAGES.
3.29The commissioner of public safety shall enter into an agreement with the
3.30commissioner of human services to provide digital images of suspected fraudulent
3.31driver's license or identification card applicants and the status of the applicant's driver's
3.32license or identification after review by the commissioner of public safety from the
3.33Facial Recognition Verification Project of the Division of Driver and Vehicle Services
3.34for purposes of investigating fraud under Minnesota Statutes, sections 256.98, 256.983,
3.35and 256B.064. The commissioner of public safety shall provide the data for use only by
4.1those employees with investigative responsibility under sections 256.98, 256.983, and
4.2256B.064. The agreement must be certified annually and the use of data is subject to audit
4.3by the commissioner of public safety. An audit that results in confirmed misuse of data
4.4that is provided by the commissioner of public safety under this section by an employee
4.5or agent of the Department of Human Services is cause for the commissioner of public
4.6safety to terminate the agreement.
4.7 Sec. 6.
AGREEMENT FOR DATA SHARING BETWEEN THE DEPARTMENT
4.8OF PUBLIC SAFETY AND THE DEPARTMENT OF HUMAN SERVICES FOR
4.9DRIVER'S LICENSE AND IDENTIFICATION CARD DATA.
4.10The commissioner of public safety shall enter into an agreement with the
4.11commissioner of human services to provide driver's license and identification card data
4.12under Minnesota Statutes, section 171.06, for purposes of investigating fraud under
4.13Minnesota Statutes, sections 256.98, 256.983, and 256B.064. The commissioner of
4.14public safety shall provide data to the commissioner of human services for use only by
4.15those employees with investigative responsibility under sections 256.98, 256.983, and
4.16256B.064. The agreement must be certified annually and the use of data is subject to audit
4.17by the commissioner of public safety. An audit that results in confirmed misuse of data
4.18that is provided by the commissioner of public safety under this section by an employee
4.19or agent of the Department of Human Services is cause for the commissioner of public
4.20safety to terminate the agreement.
4.21 Sec. 7.
DIRECTION TO THE COMMISSIONER.
4.22The commissioner of human services, in consultation with the commissioner of
4.23public safety, shall report to the legislative committees with jurisdiction over health and
4.24human services policy and finance regarding the implementation of sections 1 to 7 and the
4.25number of persons affected and fiscal impact by program by February 1, 2013."
4.26Amend the title accordingly