Minnesota Legislature
HF 1460
3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to government data practices; classifying 1.3 data; making certain welfare and housing data 1.4 available to law enforcement agencies; classifying 1.5 data on individuals who receive homeless services; 1.6 eliminating the requirement that government agencies 1.7 pay a fee for commissioner's opinions; modifying 1.8 school immunization and health record provisions; 1.9 modifying patient consent to release of records for 1.10 research; authorizing destruction of records of 1.11 deceased patients; requiring notice of investigations 1.12 to health board licensees; providing for retention of 1.13 juvenile history records; providing for juvenile 1.14 justice system access to certain education data; 1.15 providing for misdemeanor offense reports and access 1.16 to certain adult criminal history data; providing for 1.17 disclosure or inspection of certain tax data or return 1.18 information; limiting disclosure of certain tax data 1.19 under subpoena; indexing statutes that restrict data 1.20 access and are located outside chapter 13; providing 1.21 criminal penalties; amending Minnesota Statutes 1996, 1.22 sections 13.32, subdivisions 1, 3, and by adding a 1.23 subdivision; 13.41, subdivision 2; 13.46, subdivision 1.24 2; 13.54, by adding a subdivision; 13.65, subdivision 1.25 2; 13.99, subdivision 53b, and by adding subdivisions; 1.26 53A.081, by adding a subdivision; 123.70, subdivisions 1.27 5, 7, and 10; 144.29; 144.335, subdivision 3a; 214.10, 1.28 subdivision 1; 260.161, subdivision 1a, and by adding 1.29 a subdivision; 270.66, subdivision 3; 270B.01, 1.30 subdivision 8; 270B.03, subdivisions 1, 3, and 4; 1.31 270B.08, subdivision 1; 270B.085, subdivision 1; 1.32 270B.09; 270B.12, subdivision 7; 270B.14, subdivision 1.33 1, and by adding subdivisions; 270B.16; 287.34; 1.34 299C.095; 299C.10, subdivision 1; 299C.13; and 1.35 626.556, subdivision 11; proposing coding for new law 1.36 in Minnesota Statutes, chapters 13; and 270B; 1.37 repealing Minnesota Statutes 1996, sections 13.072, 1.38 subdivision 3; 13.71, subdivisions 18, 19, 20, and 21; 1.39 and 13.99, subdivision 21d. 1.40 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.41 Section 1. Minnesota Statutes 1996, section 13.32, 1.42 subdivision 1, is amended to read: 2.1 Subdivision 1. [DEFINITIONS.] As used in this section: 2.2 (a) "Educational data" means data on individuals maintained 2.3 by a public educational agency or institution or by a person 2.4 acting for the agency or institution which relates to a student. 2.5 Records of instructional personnel which are in the sole 2.6 possession of the maker thereof and are not accessible or 2.7 revealed to any other individual except a substitute teacher, 2.8 and are destroyed at the end of the school year, shall not be 2.9 deemed to be government data. 2.10 Records of a law enforcement unit of a public educational 2.11 agency or institution which are maintained apart from education 2.12 data and are maintained solely for law enforcement purposes, and 2.13 are not disclosed to individuals other than law enforcement 2.14 officials of the jurisdiction are not educational data; 2.15 provided, that education records maintained by the educational 2.16 agency or institution are not disclosed to the personnel of the 2.17 law enforcement unit. The University of Minnesota police 2.18 department is a law enforcement agency for purposes of section 2.19 13.82 and other sections of Minnesota Statutes dealing with law 2.20 enforcement records. Records of organizations providing 2.21 security services to a public educational agency or institution 2.22 must be administered consistent with section 13.861. 2.23 Records relating to a student who is employed by a public 2.24 educational agency or institution which are made and maintained 2.25 in the normal course of business, relate exclusively to the 2.26 individual in that individual's capacity as an employee, and are 2.27 not available for use for any other purpose are classified 2.28 pursuant to section 13.43. 2.29 (b) "Juvenile justice system" includes criminal justice 2.30 agencies and the judiciary when involved in juvenile justice 2.31 activities. 2.32 (c) "Student" means an individual currently or formerly 2.33 enrolled or registered, applicants for enrollment or 2.34 registration at a public educational agency or institution, or 2.35 individuals who receive shared time educational services from a 2.36 public agency or institution. 3.1(c)(d) "Substitute teacher" means an individual who 3.2 performs on a temporary basis the duties of the individual who 3.3 made the record, but does not include an individual who 3.4 permanently succeeds to the position of the maker of the record. 3.5 Sec. 2. Minnesota Statutes 1996, section 13.32, 3.6 subdivision 3, is amended to read: 3.7 Subd. 3. [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 3.8 Except as provided in subdivision 5, educational data is private 3.9 data on individuals and shall not be disclosed except as follows: 3.10 (a) Pursuant to section 13.05; 3.11 (b) Pursuant to a valid court order; 3.12 (c) Pursuant to a statute specifically authorizing access 3.13 to the private data; 3.14 (d) To disclose information in health and safety 3.15 emergencies pursuant to the provisions of United States Code, 3.16 title 20, section 1232g(b)(1)(I) and Code of Federal 3.17 Regulations, title 34, section 99.36 which are in effect on July 3.18 1, 1993; 3.19 (e) Pursuant to the provisions of United States Code, title 3.20 20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 3.21 (b)(3) and Code of Federal Regulations, title 34, sections 3.22 99.31, 99.32, 99.33, 99.34, and 99.35 which are in effect on 3.23 July 1, 1993; 3.24 (f) To appropriate health authorities to the extent 3.25 necessary to administer immunization programs and for bona fide 3.26 epidemiologic investigations which the commissioner of health 3.27 determines are necessary to prevent disease or disability to 3.28 individuals in the public educational agency or institution in 3.29 which the investigation is being conducted; 3.30 (g) When disclosure is required for institutions that 3.31 participate in a program under title IV of the Higher Education 3.32 Act, United States Code, title 20, chapter 1092, in effect on 3.33 July 1, 1993; 3.34 (h) To the appropriate school district officials to the 3.35 extent necessary under subdivision 6, annually to indicate the 3.36 extent and content of remedial instruction, including the 4.1 results of assessment testing and academic performance at a 4.2 post-secondary institution during the previous academic year by 4.3 a student who graduated from a Minnesota school district within 4.4 two years before receiving the remedial instruction;or4.5 (i) To appropriate authorities as provided in United States 4.6 Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern 4.7 the juvenile justice system and the ability of the system to 4.8 effectively serve, prior to adjudication, the student whose 4.9 records are released; provided that the authorities to whom the 4.10 data are released submit a written request for the data that 4.11 certifies that the data will not be disclosed to any other 4.12 person except as authorized by law without the written consent 4.13 of the parent of the student and the request and a record of the 4.14 release are maintained in the student's file; or 4.15(i)(j) To volunteers who are determined to have a 4.16 legitimate educational interest in the data and who are 4.17 conducting activities and events sponsored by or endorsed by the 4.18 educational agency or institution for students or former 4.19 students. 4.20 Sec. 3. Minnesota Statutes 1996, section 13.32, is amended 4.21 by adding a subdivision to read: 4.22 Subd. 8. [ACCESS BY JUVENILE JUSTICE SYSTEM.] Upon 4.23 request, the following education data shall be disclosed under 4.24 subdivision 3, clause (i), to the juvenile justice system: a 4.25 student's full name, home address, telephone number, date of 4.26 birth; a student's school schedule, attendance record, and 4.27 photographs, if any; and parents' names, home addresses, and 4.28 telephone numbers. 4.29 Sec. 4. Minnesota Statutes 1996, section 13.41, 4.30 subdivision 2, is amended to read: 4.31 Subd. 2. [PRIVATE DATA; DESIGNATED ADDRESSES AND TELEPHONE 4.32 NUMBERS.] (a) The following data collected, created or 4.33 maintained by any licensing agency are classified as private, 4.34 pursuant to section 13.02, subdivision 12: data, other than 4.35 their names and designated addresses, submitted by applicants 4.36 for licenses; the identity of complainants who have made reports 5.1 concerning licensees or applicants which appear in inactive 5.2 complaint data unless the complainant consents to the 5.3 disclosure; the nature or content of unsubstantiated complaints 5.4 when the information is not maintained in anticipation of legal 5.5 action; the identity of patients whose medical records are 5.6 received by any health licensing agency for purposes of review 5.7 or in anticipation of a contested matter; inactive investigative 5.8 data relating to violations of statutes or rules; and the record 5.9 of any disciplinary proceeding except as limited by subdivision 5.10 4. 5.11 (b) An applicant for a license shall designate on the 5.12 application a residence or business address and telephone number 5.13 at which the applicant can be contacted in connection with the 5.14 license application. A licensee who is subject to a 5.15 health-related licensing board, as defined in section 214.01, 5.16 subdivision 2, shall designate a residence or business address 5.17 and telephone number at which the licensee can be contacted in 5.18 connection with the license. 5.19 Sec. 5. Minnesota Statutes 1996, section 13.46, 5.20 subdivision 2, is amended to read: 5.21 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 5.22 a statute specifically provides a different classification, data 5.23 on individuals collected, maintained, used, or disseminated by 5.24 the welfare system is private data on individuals, and shall not 5.25 be disclosed except: 5.26 (1) pursuant to section 13.05; 5.27 (2) pursuant to court order; 5.28 (3) pursuant to a statute specifically authorizing access 5.29 to the private data; 5.30 (4) to an agent of the welfare system, including a law 5.31 enforcement person, attorney, or investigator acting for it in 5.32 the investigation or prosecution of a criminal or civil 5.33 proceeding relating to the administration of a program; 5.34 (5) to personnel of the welfare system who require the data 5.35 to determine eligibility, amount of assistance, and the need to 5.36 provide services of additional programs to the individual; 6.1 (6) to administer federal funds or programs; 6.2 (7) between personnel of the welfare system working in the 6.3 same program; 6.4 (8) the amounts of cash public assistance and relief paid 6.5 to welfare recipients in this state, including their names, 6.6 social security numbers, income, addresses, and other data as 6.7 required, upon request by the department of revenue to 6.8 administer the property tax refund law, supplemental housing 6.9 allowance, early refund of refundable tax credits, and the 6.10 income tax. "Refundable tax credits" means the dependent care 6.11 credit under section 290.067, the Minnesota working family 6.12 credit under section 290.0671, the property tax refund under 6.13 section 290A.04, and, if the required federal waiver or waivers 6.14 are granted, the federal earned income tax credit under section 6.15 32 of the Internal Revenue Code; 6.16 (9) to the Minnesota department of economic security for 6.17 the purpose of monitoring the eligibility of the data subject 6.18 for reemployment insurance, for any employment or training 6.19 program administered, supervised, or certified by that agency, 6.20 or for the purpose of administering any rehabilitation program, 6.21 whether alone or in conjunction with the welfare system, and to 6.22 verify receipt of energy assistance for the telephone assistance 6.23 plan; 6.24 (10) to appropriate parties in connection with an emergency 6.25 if knowledge of the information is necessary to protect the 6.26 health or safety of the individual or other individuals or 6.27 persons; 6.28 (11) data maintained by residential programs as defined in 6.29 section 245A.02 may be disclosed to the protection and advocacy 6.30 system established in this state pursuant to Part C of Public 6.31 Law Number 98-527 to protect the legal and human rights of 6.32 persons with mental retardation or other related conditions who 6.33 live in residential facilities for these persons if the 6.34 protection and advocacy system receives a complaint by or on 6.35 behalf of that person and the person does not have a legal 6.36 guardian or the state or a designee of the state is the legal 7.1 guardian of the person; 7.2 (12) to the county medical examiner or the county coroner 7.3 for identifying or locating relatives or friends of a deceased 7.4 person; 7.5 (13) data on a child support obligor who makes payments to 7.6 the public agency may be disclosed to the higher education 7.7 services office to the extent necessary to determine eligibility 7.8 under section 136A.121, subdivision 2, clause (5); 7.9 (14) participant social security numbers and names 7.10 collected by the telephone assistance program may be disclosed 7.11 to the department of revenue to conduct an electronic data match 7.12 with the property tax refund database to determine eligibility 7.13 under section 237.70, subdivision 4a; 7.14 (15) the current address of a recipient of aid to families 7.15 with dependent children may be disclosed to law enforcement 7.16 officers who provide the nameand social security numberof the 7.17 recipient andsatisfactorily demonstratenotify the agency that: 7.18 (i) the recipientis: 7.19 (A) is a fugitive felon, including the grounds for this7.20determination;fleeing to avoid prosecution, or custody or 7.21 confinement after conviction, for a crime or attempt to commit a 7.22 crime that is a felony under the laws of the jurisdiction from 7.23 which the individual is fleeing; or 7.24 (B) is violating a condition of probation or parole imposed 7.25 under state or federal law. 7.26 (ii) the location or apprehension of the felon is within 7.27 the law enforcement officer's official duties; and 7.28 (iii) the request is made in writing and in the proper 7.29 exercise of those duties; 7.30 (16) the current address of a recipient of general 7.31 assistance, work readiness,or general assistance medical care 7.32 may be disclosed to probation officers and corrections agents 7.33 who are supervising the recipient,and to law enforcement 7.34 officers who are investigating the recipient in connection with 7.35 a felony level offense; 7.36 (17) information obtained from food stamp applicant or 8.1 recipient households may be disclosed to local, state, or 8.2 federal law enforcement officials, upon their written request, 8.3 for the purpose of investigating an alleged violation of the 8.4 food stamp act, in accordance with Code of Federal Regulations, 8.5 title 7, section 272.1(c); 8.6 (18) the address, social security number, and, if 8.7 available, photograph of any member of a household receiving 8.8 food stamps shall be made available, on request, to a local, 8.9 state, or federal law enforcement officer if the officer 8.10 furnishes the agency with the name of the member and notifies 8.11 the agency that: 8.12 (i) the member: 8.13 (A) is fleeing to avoid prosecution, or custody or 8.14 confinement after conviction, for a crime or attempt to commit a 8.15 crime that is a felony in the jurisdiction the member is 8.16 fleeing; 8.17 (B) is violating a condition of probation or parole imposed 8.18 under state or federal law; or 8.19 (C) has information that is necessary for the officer to 8.20 conduct an official duty related to conduct described in 8.21 subclause (A) or (B); 8.22 (ii) locating or apprehending the member is within the 8.23 officer's official duties; and 8.24 (iii) the request is made in writing and in the proper 8.25 exercise of the officer's official duty; 8.26 (19) data on a child support obligor who is in arrears may 8.27 be disclosed for purposes of publishing the data pursuant to 8.28 section 518.575; 8.29(19)(20) data on child support payments made by a child 8.30 support obligor may be disclosed to the obligee; 8.31(20)(21) data in the work reporting system may be 8.32 disclosed under section 256.998, subdivision 7; 8.33(21)(22) to the department of children, families, and 8.34 learning for the purpose of matching department of children, 8.35 families, and learning student data with public assistance data 8.36 to determine students eligible for free and reduced price meals, 9.1 meal supplements, and free milk pursuant to United States Code, 9.2 title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 9.3 produce accurate numbers of students receiving aid to families 9.4 with dependent children as required by section 124.175; and to 9.5 allocate federal and state funds that are distributed based on 9.6 income of the student's family; or 9.7(22)(23) the current address and telephone number of 9.8 program recipients and emergency contacts may be released to the 9.9 commissioner of health or a local board of health as defined in 9.10 section 145A.02, subdivision 2, when the commissioner or local 9.11 board of health has reason to believe that a program recipient 9.12 is a disease case, carrier, suspect case, or at risk of illness, 9.13 and the data are necessary to locate the person. 9.14 (b) Information on persons who have been treated for drug 9.15 or alcohol abuse may only be disclosed in accordance with the 9.16 requirements of Code of Federal Regulations, title 42, sections 9.17 2.1 to 2.67. 9.18 (c) Data provided to law enforcement agencies under 9.19 paragraph (a), clause (15), (16),or(17), or (18), or paragraph 9.20 (b), are investigative data and are confidential or protected 9.21 nonpublic while the investigation is active. The data are 9.22 private after the investigation becomes inactive under section 9.23 13.82, subdivision 5, paragraph (a) or (b). 9.24 (d) Mental health data shall be treated as provided in 9.25 subdivisions 7, 8, and 9, but is not subject to the access 9.26 provisions of subdivision 10, paragraph (b). 9.27 Sec. 6. Minnesota Statutes 1996, section 13.54, is amended 9.28 by adding a subdivision to read: 9.29 Subd. 6. [LAW ENFORCEMENT ACCESS TO CERTAIN DATA.] A 9.30 public housing agency that enters a contract for assistance 9.31 under United States Code, title 42, sections 1437 to 1440, shall 9.32 furnish a local, state, or federal law enforcement officer, upon 9.33 the officer's request, with the current address, social security 9.34 number, and photograph, if available, of a recipient of 9.35 assistance under United States Code, title 42, sections 1437 to 9.36 1440, if the officer: 10.1 (1) provides the name of the recipient to the housing 10.2 agency; and 10.3 (2) notifies the agency that: 10.4 (i) the recipient: 10.5 (A) is fleeing to avoid prosecution, or custody or 10.6 confinement after conviction, under the laws of the jurisdiction 10.7 from which the individual is fleeing, for a crime which is a 10.8 felony under the laws of that jurisdiction; 10.9 (B) is violating a condition of probation or parole imposed 10.10 under state or federal law; or 10.11 (C) has information necessary for the officer to conduct 10.12 the officer's official duties; 10.13 (ii) the location or apprehension of the individual is 10.14 within the officer's official duties; and 10.15 (iii) the request is made in writing and in the proper 10.16 exercise of the officer's official duties. 10.17 Sec. 7. [13.541] [EMERGENCY SERVICES FOR HOMELESS PERSONS; 10.18 PRIVATE DATA.] 10.19 (a) "Grant recipient" includes a local government unit or 10.20 nonprofit organization that receives grants from a state agency 10.21 to provide emergency services for homeless persons. 10.22 (b) Data on individuals maintained by a grant recipient 10.23 from which the identity of any individual receiving emergency 10.24 services may be determined are private data on individuals and 10.25 the grant recipient shall maintain the data in accordance with 10.26 this chapter. 10.27 Sec. 8. Minnesota Statutes 1996, section 13.65, 10.28 subdivision 2, is amended to read: 10.29 Subd. 2. [CONFIDENTIAL DATA; PROTECTED NONPUBLIC DATA.] 10.30 The following data created, collected and maintained by the 10.31 office of the attorney general are classified as confidential, 10.32 pursuant to section 13.02, subdivision 3, or as protected 10.33 nonpublic, pursuant to section 13.02, subdivision 13: 10.34 (1) data acquired through communications made in official 10.35 confidence to members of the attorney general's staff where the 10.36 public interest would suffer by disclosure of the data; and 11.1 (2) legislative and budget proposals, including preliminary 11.2 drafts. After the budget is presented to the legislature, 11.3 supporting data are public data. Supporting data do not include 11.4 preliminary drafts. Legislative and budget proposals may be 11.5 disclosed to the public if disclosure would aid in the 11.6 consideration and preparation of the proposals. 11.7 Sec. 9. Minnesota Statutes 1996, section 13.99, is amended 11.8 by adding a subdivision to read: 11.9 Subd. 6e. [AGRICULTURAL COMMODITIES PROMOTION 11.10 COUNCIL.] Financial information on producers of agricultural 11.11 commodities that is provided to the agricultural commodities 11.12 promotion council is governed by section 17.62. 11.13 Sec. 10. Minnesota Statutes 1996, section 13.99, is 11.14 amended by adding a subdivision to read: 11.15 Subd. 13a. [LICENSED CURRENCY EXCHANGES.] Financial 11.16 information in annual reports submitted to the commissioner of 11.17 commerce by currency exchanges is classified in section 53A.081, 11.18 subdivision 4. 11.19 Sec. 11. Minnesota Statutes 1996, section 13.99, is 11.20 amended by adding a subdivision to read: 11.21 Subd. 14b. [MATERIAL TRANSACTION REPORTS.] Reports 11.22 required to be filed by insurers regarding certain material 11.23 transactions are classified under section 60A.135, subdivision 4. 11.24 Sec. 12. Minnesota Statutes 1996, section 13.99, is 11.25 amended by adding a subdivision to read: 11.26 Subd. 14c. [RISK-BASED CAPITAL DATA.] Risk-based capital 11.27 reports and related reports, data, and orders maintained by the 11.28 commissioner of commerce are classified under section 60A.67. 11.29 Sec. 13. Minnesota Statutes 1996, section 13.99, is 11.30 amended by adding a subdivision to read: 11.31 Subd. 15a. [VIATICAL SETTLEMENTS DATA.] Viatical 11.32 settlements data provided to the commissioner of commerce are 11.33 classified under section 60A.968, subdivision 2. 11.34 Sec. 14. Minnesota Statutes 1996, section 13.99, is 11.35 amended by adding a subdivision to read: 11.36 Subd. 19k. [PREFERRED PROVIDER AGREEMENTS.] The terms and 12.1 conditions of certain preferred provider agreements are 12.2 classified in section 62E.13, subdivision 11. 12.3 Sec. 15. Minnesota Statutes 1996, section 13.99, is 12.4 amended by adding a subdivision to read: 12.5 Subd. 19l. [MINNESOTA RISK ADJUSTMENT ASSOCIATION.] Data 12.6 privacy issues concerning the Minnesota risk adjustment 12.7 association are governed by section 62Q.03, subdivision 9. 12.8 Sec. 16. Minnesota Statutes 1996, section 13.99, 12.9 subdivision 53b, is amended to read: 12.10 Subd. 53b. [VETERINARY RECORDS.] Veterinary records on 12.11 clients when a veterinarian is under investigation are 12.12 classified under section 156.082. Records on the veterinarian 12.13 are classified under section 156.125. 12.14 Sec. 17. Minnesota Statutes 1996, section 13.99, is 12.15 amended by adding a subdivision to read: 12.16 Subd. 59b. [IDENTITY OF EMPLOYEES MAKING COMPLAINTS.] The 12.17 disclosure of the identity of employees making certain 12.18 complaints is governed by section 181.932, subdivision 2. 12.19 Sec. 18. Minnesota Statutes 1996, section 13.99, is 12.20 amended by adding a subdivision to read: 12.21 Subd. 63a. [REGISTERED VOTER LISTS.] Access to registered 12.22 voter lists is governed by section 201.091. 12.23 Sec. 19. Minnesota Statutes 1996, section 13.99, is 12.24 amended by adding a subdivision to read: 12.25 Subd. 95a. [MEDICAL EXAMINER INVESTIGATIONS.] Certain data 12.26 on deceased persons collected or created by the Hennepin county 12.27 medical examiner are classified under section 383B.225. 12.28 Sec. 20. Minnesota Statutes 1996, section 53A.081, is 12.29 amended by adding a subdivision to read: 12.30 Subd. 4. [CLASSIFICATION OF DATA.] Financial information 12.31 on individuals and businesses that is submitted to the 12.32 commissioner in the annual report under subdivision 1 are 12.33 private data on individuals or nonpublic data. 12.34 Sec. 21. Minnesota Statutes 1996, section 123.70, 12.35 subdivision 5, is amended to read: 12.36 Subd. 5. If a person transfers from one elementary or 13.1 secondary school to another, theperson shall be allowedschool 13.2 board of a public school district or the administrator of a 13.3 nonpublic school may allow the person up to a maximum of 30 days 13.4 to submit one or more of the statements as specified in 13.5 subdivision 1 or 3, during which time the person may enroll in 13.6 and attend the school. If a person enrolls in a child care 13.7 facility in which at least 75 percent of children in the 13.8 facility participate on a one-time only or occasional basis to a 13.9 maximum of 45 hours per child, per month, or is placed in a 13.10 facility by a crisis nursery, the person shall be exempt from 13.11 all requirements of this section for up to five consecutive 13.12 days, starting from the first day of attendance. 13.13 Sec. 22. Minnesota Statutes 1996, section 123.70, 13.14 subdivision 7, is amended to read: 13.15 Subd. 7. Each school or child care facility shall maintain 13.16 on file immunization records for all persons in attendance that 13.17 contain the information required by subdivisions 1, 2, and 3. 13.18 The school shall maintain the records for at least five years 13.19 after the person attains the age of majority. The department of 13.20 health and the board of health, as defined in section 145A.02, 13.21 subdivision 2, in whose jurisdiction the school or child care 13.22 facility is located, shall have access to the files maintained 13.23 pursuant to this subdivision. When a person transfers to 13.24 another elementary or secondary school or child care facility, 13.25 the administrator or other person having general control and 13.26 supervision of the school or child care facility shall assist 13.27 the person's parent or guardian in the transfer of the 13.28 immunization file to the person's new school or child care 13.29 facility within 30 days of the transfer. Upon the request of a 13.30 public or private post-secondary educational institution, as 13.31 defined in section 135A.14, the administrator or other person 13.32 having general control or supervision of a school shall assist 13.33 in the transfer of a student's immunization file to the 13.34 post-secondary institution. 13.35 Sec. 23. Minnesota Statutes 1996, section 123.70, 13.36 subdivision 10, is amended to read: 14.1 Subd. 10. A statement required to be submitted under 14.2 subdivisions 1, 2, and 4 to document evidence of immunization 14.3 shall include month, day, and year for immunizations 14.4 administered after January 1, 1990. 14.5 (a) For persons enrolled in grades 7 and 12 during the 14.6 1996-1997 school term, the statement must indicate that the 14.7 person has received a dose of tetanus and diphtheria toxoid no 14.8 earlier than 11 years of age. 14.9 (b) Except as specified in paragraph (e), for persons 14.10 enrolled in grades 7, 8, and 12 during the 1997-1998 school 14.11 term, the statement must indicate that the person has received a 14.12 dose of tetanus and diphtheria toxoid no earlier than 11 years 14.13 of age. 14.14 (c) Except as specified in paragraph (e), for persons 14.15 enrolled in grades 7, 8, 9, andthrough 12 during the 1998-1999 14.16 school term and for each year thereafter, the statement must 14.17 indicate that the person has received a dose of tetanus and 14.18 diphtheria toxoid no earlier than 11 years of age. 14.19(d) for persons enrolled in grades 7, 8, 9, 10, and 1214.20during the 1999-2000 school term, the statement must indicate14.21that the person has received a dose of tetanus and diphtheria14.22toxoid no earlier than 11 years of age.14.23(e) for persons enrolled in grades 7 through 12 during the14.242000-2001 school term and for each year thereafter, the14.25statement must indicate that the person has received a dose of14.26tetanus and diphtheria toxoid no earlier than 11 years of age.14.27(f)(d) For persons enrolled in grades 7 through 12 during 14.28 the 1996-1997 school year and for each year thereafter, the 14.29 statement must indicate that the person has received at least 14.30 two doses of vaccine against measles, mumps, and rubella, given 14.31 alone or separately and given not less than one month apart. 14.32 (e) A person who has received at least three doses of 14.33 tetanus and diphtheria toxoids, with the most recent dose given 14.34 after age six and before age 11, is not required to have 14.35 additional immunization against diphtheria and tetanus until ten 14.36 years have elapsed from the person's most recent dose of tetanus 15.1 and diphtheria toxoid. 15.2 Sec. 24. Minnesota Statutes 1996, section 144.29, is 15.3 amended to read: 15.4 144.29 [HEALTH RECORDS; CHILDREN OF SCHOOL AGE.] 15.5 It shall be the duty of every school nurse, school 15.6 physician, school attendance officer, superintendent of schools, 15.7 principal, teacher, and of the persons charged with the duty of 15.8 compiling and keeping the school census records, to cause a 15.9permanent publichealth record to be kept for each child of 15.10 school age. Such record shall be kept in such form that it may 15.11 be transferred with the child to any school which the child 15.12 shall attend within the stateand transferred to the15.13commissioner when the child ceases to attend school. It shall 15.14 contain a record of suchhealth matters as shall be prescribed15.15by the commissioner, and of all mental and physical defects and15.16handicaps which might permanently cripple or handicap the15.17childstudent health data as defined in section 13.32, 15.18 subdivision 2, paragraph (a), and shall be classified as private 15.19 data as defined in section 13.32, subdivision 3. Nothing in 15.20 sections 144.29 to 144.32 shall be construed to require any 15.21 child whose parent or guardian objects in writing thereto to 15.22 undergo a physical or medical examination or treatment. A copy 15.23 shall be forwarded to the proper department of any state to 15.24 which the child shall remove. Each district shall assign a 15.25 teacher, school nurse, or other professional person to review, 15.26 at the beginning of each school year, the health record of all 15.27 pupils under the assignee's direction. Growth, results of 15.28 vision and hearing screening, and findings obtained from health 15.29 assessments must be entered periodically on the pupil's health 15.30 record. 15.31 Sec. 25. Minnesota Statutes 1996, section 144.335, 15.32 subdivision 3a, is amended to read: 15.33 Subd. 3a. [PATIENT CONSENT TO RELEASE OF RECORDS; 15.34 LIABILITY.] (a) A provider, or a person who receives health 15.35 records from a provider, may not release a patient's health 15.36 records to a person without a signed and dated consent from the 16.1 patient or the patient's legally authorized representative 16.2 authorizing the release, unless the release is specifically 16.3 authorized by law. Except as provided in paragraph (c) or (d), 16.4 a consent is valid for one year or for a lesser period specified 16.5 in the consent or for a different period provided by law. 16.6 (b) This subdivision does not prohibit the release of 16.7 health records: 16.8 (1) for a medical emergency when the provider is unable to 16.9 obtain the patient's consent due to the patient's condition or 16.10 the nature of the medical emergency; or 16.11 (2) to other providers within related health care entities 16.12 when necessary for the current treatment of the patient. 16.13 (c) Notwithstanding paragraph (a), if a patient explicitly 16.14 gives informed consent to the release of health records for the 16.15 purposes and pursuant to the restrictions in clauses (1) and 16.16 (2), the consent does not expire after one year for: 16.17 (1) the release of health records to a provider who is 16.18 being advised or consulted with in connection with the current 16.19 treatment of the patient; 16.20 (2) the release of health records to an accident and health 16.21 insurer, health service plan corporation, health maintenance 16.22 organization, or third-party administrator for purposes of 16.23 payment of claims, fraud investigation, or quality of care 16.24 review and studies, provided that: 16.25 (i) the use or release of the records complies with 16.26 sections 72A.49 to 72A.505; 16.27 (ii) further use or release of the records in individually 16.28 identifiable form to a person other than the patient without the 16.29 patient's consent is prohibited; and 16.30 (iii) the recipient establishes adequate safeguards to 16.31 protect the records from unauthorized disclosure, including a 16.32 procedure for removal or destruction of information that 16.33 identifies the patient. 16.34 (d) Notwithstanding paragraph (a), health records may be 16.35 released toaan external researcher solely for purposes of 16.36 medical or scientific research only as follows: 17.1 (1) health records generated before January 1, 1997, may be 17.2 released if the patient has not objected or does not elect to 17.3 object after that date; 17.4 (2) for health records generated on or after January 1, 17.5 1997, the provider must: 17.6 (i) disclose in writing to patients currently being treated 17.7 by the provider that health records, regardless of when 17.8 generated, may be released and that the patient may object, in 17.9 which case the records will not be released; and 17.10 (ii) use reasonable efforts to obtain the patient's written 17.11 general authorization that describes the release of records in 17.12 item (i), which does not expire but may be revoked or limited in 17.13 writing at any time by the patient or the patient's authorized 17.14 representative;and17.15 (3) authorization may be established if an authorization is 17.16 mailed at least two times to the patient's last known address 17.17 with a postage prepaid return envelope and a conspicuous notice 17.18 that the patient's medical records may be released if the 17.19 patient does not object, and at least 60 days have expired since 17.20 the second notice was sent; and the provider must advise the 17.21 patient of the rights specified in clause (4); and 17.22 (4) the provider must, at the request of the patient, 17.23 provide information on how the patient may contact an external 17.24 researcher to whom the health record was released and the date 17.25 it was released. 17.26 In making a release for research purposes the provider 17.27 shall make a reasonable effort to determine that: 17.28 (i) the use or disclosure does not violate any limitations 17.29 under which the record was collected; 17.30 (ii) the use or disclosure in individually identifiable 17.31 form is necessary to accomplish the research or statistical 17.32 purpose for which the use or disclosure is to be made; 17.33 (iii) the recipient has established and maintains adequate 17.34 safeguards to protect the records from unauthorized disclosure, 17.35 including a procedure for removal or destruction of information 17.36 that identifies the patient; and 18.1 (iv) further use or release of the records in individually 18.2 identifiable form to a person other than the patient without the 18.3 patient's consent is prohibited. 18.4 (e) A person who negligently or intentionally releases a 18.5 health record in violation of this subdivision, or who forges a 18.6 signature on a consent form, or who obtains under false 18.7 pretenses the consent form or health records of another person, 18.8 or who, without the person's consent, alters a consent form, is 18.9 liable to the patient for compensatory damages caused by an 18.10 unauthorized release, plus costs and reasonable attorney's fees. 18.11 (f) Upon the written request of a spouse, parent, child, or 18.12 sibling of a patient being evaluated for or diagnosed with 18.13 mental illness, a provider shall inquire of a patient whether 18.14 the patient wishes to authorize a specific individual to receive 18.15 information regarding the patient's current and proposed course 18.16 of treatment. If the patient so authorizes, the provider shall 18.17 communicate to the designated individual the patient's current 18.18 and proposed course of treatment. Paragraph (a) applies to 18.19 consents given under this paragraph. 18.20 (g) In cases where a provider releases health records 18.21 without patient consent as authorized by law, the release must 18.22 be documented in the patient's health record. 18.23 Sec. 26. Minnesota Statutes 1996, section 214.10, 18.24 subdivision 1, is amended to read: 18.25 Subdivision 1. [RECEIPT OF COMPLAINT; NOTICE.] The 18.26 executive director or executive secretary of a board, a board 18.27 member or any other person who performs services for the board 18.28 who receives a complaint or other communication, whether oral or 18.29 written, which complaint or communication alleges or implies a 18.30 violation of a statute or rule which the board is empowered to 18.31 enforce, shall promptly forward the substance of the 18.32 communication on a form prepared by the attorney general to the 18.33 designee of the attorney general responsible for providing legal 18.34 services to the board. Before proceeding further with the 18.35 communication, the designee of the attorney general may require 18.36 the complaining party to state the complaint in writing on a 19.1 form prepared by the attorney general. Complaints which relate 19.2 to matters within the jurisdiction of another governmental 19.3 agency shall be forwarded to that agency by the executive 19.4 director or executive secretary. An officer of that agency 19.5 shall advise the executive director or executive secretary of 19.6 the disposition of that complaint. A complaint received by 19.7 another agency which relates to a statute or rule which a 19.8 licensing board is empowered to enforce shall be forwarded to 19.9 the executive director or executive secretary of the board to be 19.10 processed in accordance with this section. No complaint 19.11 alleging a matter within the jurisdiction of the board shall be 19.12 dismissed by a board unless at least two board members have 19.13 reviewed the matter. If a board makes a determination to 19.14 investigate a complaint, it shall notify a licensee who is the 19.15 subject of an investigation that an investigation has been 19.16 initiated at a time when such notice will not compromise the 19.17 investigation. 19.18 Sec. 27. Minnesota Statutes 1996, section 260.161, 19.19 subdivision 1a, is amended to read: 19.20 Subd. 1a. [RECORD OF FINDINGS.] (a) The juvenile court 19.21 shall forward to the bureau of criminal apprehension the 19.22 following data in juvenile petitions involving felony- or gross 19.23 misdemeanor-level offenses: 19.24 (1) the name and birthdate of the juvenile, including any 19.25 of the juvenile's known aliases or street names; 19.26 (2) the act for which the juvenile was petitioned and date 19.27 of the offense; and 19.28 (3) the date and county where the petition was filed. 19.29 (b) Upon completion of the court proceedings, the court 19.30 shall forward the court's finding and case disposition to the 19.31 bureau.Notwithstanding section 138.17, if the petition was19.32dismissed or the juvenile was not found to have committed a19.33gross misdemeanor or felony-level offense, the bureau and a19.34person who received the data from the bureau shall destroy all19.35data relating to the petition collected under paragraph (a).19.36The bureau shall notify a person who received the data that the20.1data must be destroyed.20.2(c) The bureau shall retain data on a juvenile found to20.3have committed a felony- or gross misdemeanor-level offense20.4until the offender reaches the age of 28. If the offender20.5commits a felony violation as an adult, the bureau shall retain20.6the data for as long as the data would have been retained if the20.7offender had been an adult at the time of the juvenile offense.20.8 The court shall specify whether: 20.9 (1) the juvenile was referred to a diversion program; 20.10 (2) the petition was dismissed, continued for dismissal, or 20.11 continued without adjudication; or 20.12 (3) the juvenile was adjudicated delinquent. 20.13(d)(c) The juvenile court shall forward to the bureau, the 20.14 sentencing guidelines commission, and the department of 20.15 corrections the following data on individuals convicted as 20.16 extended jurisdiction juveniles: 20.17 (1) the name and birthdate of the offender, including any 20.18 of the juvenile's known aliases or street names; 20.19 (2) the crime committed by the offender and the date of the 20.20 crime; 20.21 (3) the date and county of the conviction; and 20.22 (4) the case disposition. 20.23 The court shall notify the bureau, the sentencing 20.24 guidelines commission, and the department of corrections 20.25 whenever it executes an extended jurisdiction juvenile's adult 20.26 sentence under section 260.126, subdivision 5. 20.27(e)(d) The bureau, sentencing guidelines commission, and 20.28 the department of corrections shall retain the extended 20.29 jurisdiction juvenile data for as long as the data would have 20.30 been retained if the offender had been an adult at the time of 20.31 the offense. Data retained on individuals under this 20.32 subdivision are private data under section 13.02, except that 20.33 extended jurisdiction juvenile data becomes public data under 20.34 section 13.87, subdivision 2, when the juvenile court notifies 20.35 the bureau that the individual's adult sentence has been 20.36 executed under section 260.126, subdivision 5. 21.1 Sec. 28. Minnesota Statutes 1996, section 260.161, is 21.2 amended by adding a subdivision to read: 21.3 Subd. 3a. [COUNTY ATTORNEY REFERRAL OF CHILD IN NEED OF 21.4 PROTECTION OR SERVICES.] In a county in which the county 21.5 attorney refers children who are in need of protection or 21.6 services to community programs, the county attorney may provide 21.7 a community program with data on a child who is a participant or 21.8 being considered for participation in the program. 21.9 Sec. 29. [TAXPAYER'S PERSONAL INFORMATION; DISCLOSURE.] 21.10 (a) An owner of property in Washington or Ramsey county 21.11 that is subject to property taxation must be informed in a clear 21.12 and conspicuous manner in writing on a form sent to property 21.13 taxpayers that the property owner's name, address, and other 21.14 information may be used, rented, or sold for business purposes, 21.15 including surveys, marketing, and solicitation. 21.16 (b) If the property owner so requests on the form provided, 21.17 then any such list generated by the county and sold for business 21.18 purposes must exclude the owner's name and address if the 21.19 business purpose is conducting surveys, marketing, or 21.20 solicitation. 21.21 (c) This section expires August 1, 1999. 21.22 Sec. 30. [LOCAL APPROVAL REQUIRED.] 21.23 Section 29 is effective in Washington or Ramsey county the 21.24 day after the chief clerical officer of the affected county 21.25 complies with Minnesota Statutes, section 645.021, subdivision 3. 21.26 Sec. 31. [SCHOOL-BASED PROBATION PILOT PROJECT DATA.] 21.27 This section applies until December 31, 1999, to government 21.28 data in a school-based probation pilot project established by 21.29 the commissioner of corrections in Dakota or Anoka county. Data 21.30 created, collected, used, or maintained by school-based 21.31 probation officers and school officials participating in a pilot 21.32 project are private data on individuals as defined in Minnesota 21.33 Statutes, section 13.02, subdivision 12, and may be disseminated 21.34 among personnel working with a school-based probation project 21.35 and as follows: 21.36 (1) pursuant to Minnesota Statutes, section 13.05; 22.1 (2) pursuant to a valid court order; 22.2 (3) pursuant to a statute specifically authorizing access 22.3 to the private data; 22.4 (4) as allowed in Code of Federal Regulations, title 34, 22.5 part 99; or 22.6 (5) within the participating school district or educational 22.7 entity as necessary to protect persons or property or to address 22.8 the educational and other needs of students. 22.9 Sec. 32. Minnesota Statutes 1996, section 270.66, 22.10 subdivision 3, is amended to read: 22.11 Subd. 3. [AGENCIES SHALL MAINTAIN RECORDS.] 22.12 Notwithstanding any provision to the contrary, every person, 22.13 organization, or corporation doing business (hereafter called 22.14 vendor) with the state of Minnesota or any of its departments, 22.15 agencies, or educational institutions including the University 22.16 of Minnesota (all hereafter called agency) shall provide that 22.17 agency with either their social security number, federal 22.18 taxpayer identification number, or Minnesota tax identification 22.19 number. The commissioner may verify to the agency the 22.20 identifying information provided by a vendor. The agency shall 22.21 maintain records of this information, and shall make these 22.22 records available, on request, to the commissioner for the sole 22.23 purpose of identifying people who have not filed state tax 22.24 returns or who have not paid uncontested state tax liabilities 22.25 (hereafter called delinquent taxpayer). When an agency is 22.26 notified by the commissioner that a vendor is a delinquent 22.27 taxpayer, payments shall not be made by the agency to the vendor 22.28 until the commissioner notifies the agency that the vendor no 22.29 longer is a delinquent taxpayer. Furthermore, if the vendor has 22.30 an uncontested delinquent tax liability, the setoff provided in 22.31 subdivision 1 may be implemented. The commissioner shall 22.32 determine that a vendor no longer is a delinquent taxpayer when 22.33 the vendor has filed all delinquent state tax returns, paid all 22.34 uncontested state tax liabilities or entered into an agreement 22.35 with the commissioner which provides for the payment of these 22.36 liabilities. 23.1 Sec. 33. Minnesota Statutes 1996, section 270B.01, 23.2 subdivision 8, is amended to read: 23.3 Subd. 8. [MINNESOTA TAX LAWS.] For purposes of this 23.4 chapter only, "Minnesota tax laws" means the taxes, refunds, and 23.5 fees administered by or paid to the commissioner under 23.6 chapters 115B (except taxes imposed under sections 115B.21 to 23.7 115B.24), 289A (except taxes imposed under sections 298.01, 23.8 298.015, and 298.24), 290, 290A, 291, and 297A and sections 23.9 295.50 to 295.59, or any similar Indian tribal tax administered 23.10 by the commissioner pursuant to any tax agreement between the 23.11 state and the Indian tribal government, and includes any laws 23.12 for the assessment, collection, and enforcement of those taxes, 23.13 refunds, and fees. 23.14 Sec. 34. Minnesota Statutes 1996, section 270B.03, 23.15 subdivision 1, is amended to read: 23.16 Subdivision 1. [WHO MAY INSPECT.] Returns and return 23.17 information must, on written request, be made open to inspection 23.18 by or disclosure to the data subject. For purposes of this 23.19 chapter, the following are the data subject: 23.20 (1) in the case of an individual return, that individual; 23.21 (2) in the case of an income tax return filed jointly, 23.22 either of the individuals with respect to whom the return is 23.23 filed; 23.24 (3) in the case of a partnership return, any person who was 23.25 a member of the partnership during any part of the period 23.26 covered by the return; 23.27 (4) in the case of the return of a corporation or its 23.28 subsidiary: 23.29 (i) any person designated by resolution of the board of 23.30 directors or other similar governing body; 23.31 (ii) any officer or employee of the corporation upon 23.32 written request signed by any officer and attested to by the 23.33 secretary or another officer; 23.34 (iii) any bona fide shareholder of record owning one 23.35 percent or more of the outstanding stock of the corporation; 23.36 (iv) if the corporation is a corporation that has made an 24.1 election under section 1362 of the Internal Revenue Code of 24.2 1986, as amended through December 31, 1988, any person who was a 24.3 shareholder during any part of the period covered by the return 24.4 during which an election was in effect; or 24.5 (v) if the corporation has been dissolved, any person 24.6 authorized by state law to act for the corporation or any person 24.7 who would have been authorized if the corporation had not been 24.8 dissolved; 24.9 (5) in the case of an estate return: 24.10 (i) the personal representative or trustee of the estate; 24.11 and 24.12 (ii) anyheir at law, next of kin, orbeneficiary of the 24.13 estate, but only if the commissioner finds that the heir at law,24.14next of kin, or beneficiary has a material interest that will be24.15affected by information contained in the returnas shown on the 24.16 federal estate tax return; 24.17 (6) in the case of a trust return: 24.18 (i) the trustee or trustees, jointly or separately; and 24.19 (ii) any beneficiary of the trust, but only if the24.20commissioner finds that the beneficiary has a material interest24.21that will be affected by information contained in the returnas 24.22 shown in the trust instrument; 24.23 (7) if liability has been assessed to a transferee under 24.24 section 289A.31, subdivision 3, the transferee is the data 24.25 subject with regard to the returns and return information 24.26 relating to the assessed liability; 24.27 (8) in the case of an Indian tribal government or an Indian 24.28 tribal government-owned entity, 24.29 (i) the chair of the tribal government, or 24.30 (ii) any person authorized by the tribal government; and 24.31 (9) in the case of a successor as defined in section 24.32 270.102, subdivision 1, paragraph (b), the successor is the data 24.33 subject and information may be disclosed as provided by section 24.34 270.102, subdivision 4. 24.35 Sec. 35. Minnesota Statutes 1996, section 270B.03, 24.36 subdivision 3, is amended to read: 25.1 Subd. 3. [DECEASED INDIVIDUALS.] Notwithstanding section 25.2 13.10, a return filed by or on behalf of a decedent is open to 25.3 inspection by or disclosure to: 25.4 (1) the personal representative of the decedent's estate or 25.5 trustee appointed under section 573.02, subdivision 3, or a 25.6 similar law of another state; and 25.7 (2)any heir at law, next of kin, or beneficiary under the25.8will of the decedent, or a donee of property, but only if the25.9commissioner finds that the heir at law, next of kin,25.10beneficiary, or donee has a material interest that will be25.11affected by information contained in the returna claimant under 25.12 section 290A.18, subdivision 1. 25.13 Sec. 36. Minnesota Statutes 1996, section 270B.03, 25.14 subdivision 4, is amended to read: 25.15 Subd. 4. [TITLE 11 OF THE UNITED STATES CODE AND 25.16 RECEIVERSHIP PROCEEDINGS.] (a)If the commissioner finds that25.17the trustee or receiver, in that person's fiduciary capacity,25.18has a material interest that will be affected by information25.19contained in the return,A return is open to inspection by or 25.20 disclosure to the trustee or receiver if: 25.21 (1) there is a trustee in a title 11 (United States 25.22 Bankruptcy Code) case in which the debtor is the person with 25.23 respect to whom the return is filed; or 25.24 (2) substantially all of the property of the person with 25.25 respect to whom the return is filed is in the hands of a 25.26 receiver. 25.27 (b) In an involuntary bankruptcy case of an individual, no 25.28 disclosure may be made under paragraph (a) until the order for 25.29 relief has been entered by the court having jurisdiction of the 25.30 case, unless the court finds that disclosure is appropriate for 25.31 purposes of determining whether an order for relief should be 25.32 entered. 25.33 Sec. 37. Minnesota Statutes 1996, section 270B.08, 25.34 subdivision 1, is amended to read: 25.35 Subdivision 1. [PERMIT INFORMATION.] The commissioner may 25.36 disclose to any person making an inquiry regarding the issuance 26.1 of a sales tax permit to a specific retailer whether a permit 26.2 has been issued to the retailer, the name and address of the 26.3 permit holder, the business name and location, the sales and use 26.4 tax account number,andthe date of issuance of the permit, and 26.5 whether the permit has been canceled under section 297A.065. 26.6 Sec. 38. [270B.081] [SALES TAX EXEMPTION CERTIFICATES.] 26.7 The commissioner may disclose to any person making inquiry 26.8 regarding the issuance of direct pay permits or certificates of 26.9 exemption issued by the commissioner to a taxpayer whether the 26.10 permit or certificate has been issued to the taxpayer, the 26.11 business name and location, the permit or certificate number, 26.12 the date of issuance of the permit or certificate, and whether 26.13 the certificate is currently valid. 26.14 Sec. 39. Minnesota Statutes 1996, section 270B.085, 26.15 subdivision 1, is amended to read: 26.16 Subdivision 1. [SEIZURE INFORMATION.] Following the 26.17 execution of a writ of entry under section 16D.08, subdivision 26.18 2, or 270.70, the commissioner may disclose information 26.19 identifying the individual or business subject to the writ, the 26.20 basis for the writ, and the results of the execution, including 26.21 lists of property seized. 26.22 Sec. 40. Minnesota Statutes 1996, section 270B.09, is 26.23 amended to read: 26.24 270B.09 [CONTRACTS WITH THE STATE OR POLITICAL SUBDIVISION; 26.25 SETOFF.] 26.26 The commissioner may disclose to the department of finance 26.27 or any state agency or political or governmental subdivision of 26.28 the state making payment to a vendor as described in section 26.29 270.66 or a contractor or subcontractor as described in section 26.30 290.97 whether the vendor, contractor, or subcontractor has an 26.31 uncontested delinquent tax liability owed to the commissioner 26.32 and the amount of any liability. The commissioner may also 26.33 disclose taxpayer identity information to the department of 26.34 finance, to the department of human services, to an agency 26.35 requesting verification pursuant to section 270.66, subdivision 26.36 3, and to the University of Minnesota, solely for vendor setoff 27.1 purposes. 27.2 Sec. 41. Minnesota Statutes 1996, section 270B.12, 27.3 subdivision 7, is amended to read: 27.4 Subd. 7. [LOTTERY DIVISION.] (a) The commissioner of 27.5 revenue may disclose to the lottery the amount of delinquent 27.6 state taxes, or debt as defined in section 270A.03, subdivision 27.7 5, of a winner of a lottery prize of$1,000$600 or more, to the 27.8 extent necessary to administer section 349A.08, subdivision 8. 27.9 (b) The commissioner of revenue may disclose to the lottery 27.10 division that a retailer owes $500 or more in delinquent taxes 27.11 as defined in section 270.72, to the extent necessary to 27.12 administer section 349A.06, subdivision 2. 27.13 Sec. 42. Minnesota Statutes 1996, section 270B.14, 27.14 subdivision 1, is amended to read: 27.15 Subdivision 1. [DISCLOSURE TO COMMISSIONER OF HUMAN 27.16 SERVICES.] (a) On the request of the commissioner of human 27.17 services, the commissioner shall disclose return information 27.18 regarding taxes imposed by chapter 290, and claims for refunds 27.19 under chapter 290A, to the extent provided in paragraph (b) and 27.20 for the purposes set forth in paragraph (c). 27.21 (b) Data that may be disclosed are limited to data relating 27.22 to the identity, whereabouts, employment, income, and property 27.23 of a person owing or alleged to be owing an obligation of child 27.24 support. 27.25 (c) The commissioner of human services may request data 27.26 only for the purposes of carrying out the child support 27.27 enforcement program and to assist in the location of parents who 27.28 have, or appear to have, deserted their children. Data received 27.29 may be used only as set forth in section 256.978. 27.30 (d) The commissioner shall provide the records and 27.31 information necessary to administer the supplemental housing 27.32 allowance to the commissioner of human services. 27.33 (e) At the request of the commissioner of human services, 27.34 the commissioner of revenue shall electronically match the 27.35 social security numbers and names of participants in the 27.36 telephone assistance plan operated under sections 237.69 to 28.1 237.711, with those of property tax refund filers, and determine 28.2 whether each participant's household income is within the 28.3 eligibility standards for the telephone assistance plan. 28.4 (f) The commissioner may provide records and information 28.5 collected under sections 295.50 to 295.59 to the commissioner of 28.6 human services for purposes of the Medicaid Voluntary 28.7 Contribution and Provider-Specific Tax Amendments of 1991, 28.8 Public Law Number 102-234. Upon the written agreement by the 28.9 United States Department of Health and Human Services to 28.10 maintain the confidentiality of the data, the commissioner may 28.11 provide records and information collected under sections 295.50 28.12 to 295.59 to the Health Care Financing Administration section of 28.13 the United States Department of Health and Human Services for 28.14 purposes of meeting federal reporting requirements. 28.15 (g) The commissioner may provide records and information to 28.16 the commissioner of human services as necessary to administer 28.17 the early refund of refundable tax credits. 28.18 (h) The commissioner may disclose information to the 28.19 commissioner of human services necessary to verify income for 28.20 eligibility and premium payment under the MinnesotaCare program, 28.21 pursuant to section 256.9355, subdivision 2. 28.22 Sec. 43. Minnesota Statutes 1996, section 270B.14, is 28.23 amended by adding a subdivision to read: 28.24 Subd. 15. [DISCLOSURE TO COMMISSIONER OF THE POLLUTION 28.25 CONTROL AGENCY.] For purposes of administering and enforcing the 28.26 dry cleaning and environmental response and reimbursement law of 28.27 sections 115B.47 to 115B.51, the commissioner may disclose to 28.28 the commissioner of the pollution control agency the names and 28.29 addresses of the facilities, owners, and operators collected by 28.30 the commissioner under section 115B.49, subdivision 4. 28.31 Sec. 44. Minnesota Statutes 1996, section 270B.14, is 28.32 amended by adding a subdivision to read: 28.33 Subd. 16. [DISCLOSURE TO LAW ENFORCEMENT 28.34 AUTHORITIES.] Under circumstances involving threat of death or 28.35 physical injury to any individual, the commissioner may disclose 28.36 return information to the extent necessary to apprise 29.1 appropriate federal, state, or local law enforcement authorities 29.2 of such circumstances. Data disclosed under this subdivision 29.3 are classified under section 13.82 once they are received by the 29.4 law enforcement authority. 29.5 Sec. 45. Minnesota Statutes 1996, section 270B.16, is 29.6 amended to read: 29.7 270B.16 [DISCOVERY OF REVENUE DATA.] 29.8 Notwithstanding any law to the contrary, data collected by 29.9 the department of revenue are not subject to discovery or 29.10 subpoena in a legal action, other than an action or proceeding 29.11 in connection with tax administration, unless disclosure of the 29.12 data is authorized under this chapter. 29.13 Sec. 46. Minnesota Statutes 1996, section 287.34, is 29.14 amended to read: 29.15 287.34 [VIOLATIONS.] 29.16 Any person who in any mannerknowinglyintentionally 29.17 attempts to evadethea tax imposed bysections 287.21 to 287.3329.18 this chapter, or whoknowinglyintentionally aids or abets in 29.19 the evasion or attempted evasion ofthesuch taxor who29.20knowingly violates the provisions of sections 287.21 to 287.3329.21 shall be guilty of a gross misdemeanor. 29.22 Sec. 47. Minnesota Statutes 1996, section 299C.095, is 29.23 amended to read: 29.24 299C.095 [SYSTEM FOR IDENTIFICATION OF JUVENILE OFFENDERS.] 29.25 Subdivision 1. [ACCESS.] (a) The bureau shall administer 29.26 and maintain the computerized juvenile history record system 29.27 based on section 260.161 and other statutes requiring the 29.28 reporting of data on juveniles. The data in the system are 29.29 private data as defined in section 13.02, subdivision 12, but 29.30 are accessible to criminal justice agencies as defined in 29.31 section 13.02, subdivision 3a, to all trial courts and appellate 29.32 courts, to a person who has access to the juvenile court records 29.33 as provided in section 260.161 or under court rule and to 29.34 criminal justice agencies in other states in the conduct of 29.35 their official duties. 29.36 (b) Except for access authorized under paragraph (a), the 30.1 bureau shall only disseminate a juvenile adjudication history 30.2 record in connection with a background check required by statute 30.3 or rule and performed on a licensee, license applicant, or 30.4 employment applicant or performed under section 624.713. A 30.5 consent for release of information from an individual who is the 30.6 subject of a juvenile adjudication history is not effective and 30.7 the bureau shall not release a juvenile adjudication history 30.8 record and shall not release information in a manner that 30.9 reveals the existence of the record. 30.10 Subd. 2. [RETENTION.] (a) Notwithstanding section 138.17, 30.11 the bureau shall retain juvenile history records for the time 30.12 periods provided in this subdivision. Notwithstanding contrary 30.13 provisions of paragraphs (b) to (e), all data in a juvenile 30.14 history record must be retained for the longest time period 30.15 applicable to any item in the individual juvenile history 30.16 record. If, before data are destroyed under this subdivision, 30.17 the subject of the data is convicted of a felony as an adult, 30.18 the individual's juvenile history record must be retained for 30.19 the same time period as an adult criminal history record. 30.20 (b) Juvenile history data on a child who was arrested must 30.21 be destroyed six months after the arrest if the child has not 30.22 been referred to a diversion program and no petition has been 30.23 filed against the child by that time. 30.24 (c) Juvenile history data on a child against whom a 30.25 delinquency petition was filed and subsequently dismissed must 30.26 be destroyed upon receiving notice from the court that the 30.27 petition was dismissed. 30.28 (d) Juvenile history data on a child who was referred to a 30.29 diversion program or against whom a delinquency petition has 30.30 been filed and continued for dismissal must be destroyed when 30.31 the child reaches age 21. 30.32 (e) Juvenile history data on a child against whom a 30.33 delinquency petition was filed and continued without 30.34 adjudication, or a child who was found to have committed a 30.35 felony or gross misdemeanor-level offense, must be destroyed 30.36 when the child reaches age 28. If the offender commits a felony 31.1 violation as an adult, the bureau shall retain the data for as 31.2 long as the data would have been retained if the offender had 31.3 been an adult at the time of the juvenile offense. 31.4 (f) The bureau shall retain extended jurisdiction juvenile 31.5 data on an individual received under section 260.161, 31.6 subdivision 1a, paragraph (c), for as long as the data would 31.7 have been retained if the offender had been an adult at the time 31.8 of the offense. 31.9 (g) Data retained on individuals under this subdivision are 31.10 private data under section 13.02, except that extended 31.11 jurisdiction juvenile data becomes public data under section 31.12 13.87, subdivision 2, when the juvenile court notifies the 31.13 bureau that the individual's adult sentence has been executed 31.14 under section 260.126, subdivision 5. 31.15 (h) A person who receives data on a juvenile under 31.16 paragraphs (b) to (e) from the bureau shall destroy the data 31.17 according to the schedule in this subdivision. The bureau shall 31.18 include a notice of the destruction schedule with all data it 31.19 disseminates on juveniles. 31.20 Sec. 48. Minnesota Statutes 1996, section 299C.10, 31.21 subdivision 1, is amended to read: 31.22 Subdivision 1. [LAW ENFORCEMENT DUTY.] (a) It is hereby 31.23 made the duty of the sheriffs of the respective counties, of the 31.24 police officers in cities of the first, second, and third 31.25 classes, under the direction of the chiefs of police in such 31.26 cities, and of community corrections agencies operating secure 31.27 juvenile detention facilities to take or cause to be taken 31.28 immediately finger and thumb prints, photographs, distinctive 31.29 physical mark identification data, andsuchother identification 31.30 dataas may berequested or required by the superintendent of 31.31 the bureau;, ofallthe following: 31.32 (1) persons arrested for a felony,or gross misdemeanor, of31.33all; 31.34 (2) juvenilescommittingarrested for or alleged to have 31.35 committed felonies as distinguished from those committed by 31.36 adult offenders, of all; 32.1 (3) persons reasonably believed by the arresting officer to 32.2 be fugitives from justice, of all; 32.3 (4) persons in whose possession, when arrested, are found 32.4 concealed firearms or other dangerous weapons, burglar tools or 32.5 outfits, high-power explosives, or articles, machines, or 32.6 appliances usable for an unlawful purpose and reasonably 32.7 believed by the arresting officer to be intended for such 32.8 purposes,; and 32.9 (5) juveniles referred by a law enforcement agency to a 32.10 diversion program for a felony or gross misdemeanor offense. 32.11 Within 24 hoursthereafter to forward suchthe fingerprint 32.12 records and other identification data specified under this 32.13 paragraph must be forwarded to the bureau of criminal 32.14 apprehension on such forms and in such manner as may be 32.15 prescribed by the superintendent of the bureau of criminal 32.16 apprehension. 32.17 (b) Effective August 1, 1997, the identification reporting 32.18 requirements shall also apply to personscommittingarrested for 32.19 or alleged to have committed targeted misdemeanor offenses,32.20including violent and enhanceable crimes,and 32.21 juvenilescommittingarrested for or alleged to have committed 32.22 gross misdemeanors. In addition, the reporting requirements 32.23 shall include any known aliases or street names of the offenders. 32.24 For purposes of this section, a targeted misdemeanor is a 32.25 misdemeanor violation of section 169.121 (driving while 32.26 intoxicated), 518B.01 (order for protection violation), 609.224 32.27 (fifth degree assault), 609.2242 (domestic assault), 609.746 32.28 (interference with privacy), 609.748 (harassment or restraining 32.29 order violation), or 617.23 (indecent exposure). 32.30 Sec. 49. Minnesota Statutes 1996, section 299C.13, is 32.31 amended to read: 32.32 299C.13 [INFORMATION FURNISHED TO PEACE OFFICERS.] 32.33 Upon receipt of information data as to any arrested person, 32.34 the bureau shall immediately ascertain whether the person 32.35 arrested has a criminal record or is a fugitive from justice, 32.36 and shall at once inform the arresting officer of the facts 33.1 ascertained, including references to any adult court disposition 33.2 data that is not in the criminal history system. Upon 33.3 application by any sheriff, chief of police, or other peace 33.4 officer in the state, or by an officer of the United States or 33.5 by an officer of another state, territory, or government duly 33.6 authorized to receive the same and effecting reciprocal 33.7 interchange of similar information with the division, it shall 33.8 be the duty of the bureau to furnish all information in its 33.9 possession pertaining to the identification of any person. If 33.10 the bureau has a sealed record on the arrested person, it shall 33.11 notify the requesting peace officer of that fact and of the 33.12 right to seek a court order to open the record for purposes of 33.13 law enforcement. A criminal justice agency shall be notified, 33.14 upon request, of the existence and contents of a sealed record 33.15 containing conviction information about an applicant for 33.16 employment. For purposes of this section a "criminal justice 33.17 agency" means courts or a government agency that performs the 33.18 administration of criminal justice under statutory authority. 33.19 Sec. 50. Minnesota Statutes 1996, section 626.556, 33.20 subdivision 11, is amended to read: 33.21 Subd. 11. [RECORDS.] (a) Except as provided in paragraph 33.22 (b) and subdivisions 10b, 10d, 10g, and 11b, all records 33.23 concerning individuals maintained by a local welfare agency 33.24 under this section, including any written reports filed under 33.25 subdivision 7, shall be private data on individuals, except 33.26 insofar as copies of reports are required by subdivision 7 to be 33.27 sent to the local police department or the county sheriff. 33.28 Reports maintained by any police department or the county 33.29 sheriff shall be private data on individuals except the reports 33.30 shall be made available to the investigating, petitioning, or 33.31 prosecuting authority, including county medical examiners or 33.32 county coroners. Section 13.82, subdivisions 5, 5a, and 5b, 33.33 apply to law enforcement data other than the reports. The local 33.34 social services agency shall make available to the 33.35 investigating, petitioning, or prosecuting authority, including 33.36 county medical examiners or county coroners or their 34.1 professional delegates, any records which contain information 34.2 relating to a specific incident of neglect or abuse which is 34.3 under investigation, petition, or prosecution and information 34.4 relating to any prior incidents of neglect or abuse involving 34.5 any of the same persons. The records shall be collected and 34.6 maintained in accordance with the provisions of chapter 13. In 34.7 conducting investigations and assessments pursuant to this 34.8 section, the notice required by section 13.04, subdivision 2, 34.9 need not be provided to a minor under the age of ten who is the 34.10 alleged victim of abuse or neglect. An individual subject of a 34.11 record shall have access to the record in accordance with those 34.12 sections, except that the name of the reporter shall be 34.13 confidential while the report is under assessment or 34.14 investigation except as otherwise permitted by this 34.15 subdivision. Any person conducting an investigation or 34.16 assessment under this section who intentionally discloses the 34.17 identity of a reporter prior to the completion of the 34.18 investigation or assessment is guilty of a misdemeanor. After 34.19 the assessment or investigation is completed, the name of the 34.20 reporter shall be confidential. The subject of the report may 34.21 compel disclosure of the name of the reporter only with the 34.22 consent of the reporter or upon a written finding by the court 34.23 that the report was false and that there is evidence that the 34.24 report was made in bad faith. This subdivision does not alter 34.25 disclosure responsibilities or obligations under the rules of 34.26 criminal procedure. 34.27 (b) Upon request of the legislative auditor, data on 34.28 individuals maintained under this section must be released to 34.29 the legislative auditor in order for the auditor to fulfill the 34.30 auditor's duties under section 3.971. The auditor shall 34.31 maintain the data in accordance with chapter 13. 34.32 Sec. 51. [PUBLIC DEFENDER ACCESS TO CRIMINAL HISTORY 34.33 DATA.] 34.34 The criminal and juvenile justice information policy group 34.35 shall facilitate remote electronic access to public criminal 34.36 history data by public defenders. 35.1 Sec. 52. [ACCESS TO PUBLIC CONVICTION DATA.] 35.2 The bureau of criminal apprehension, in conjunction with 35.3 the criminal and juvenile justice information policy group, 35.4 shall report to the chairs of the committees on judiciary in the 35.5 house of representatives and the senate and the chair of the 35.6 committee on crime prevention in the senate by January 15, 1998, 35.7 a plan for making public conviction data available at locations 35.8 beyond the central office of the bureau of criminal apprehension. 35.9 Sec. 53. [REPEALER.] 35.10 Minnesota Statutes 1996, sections 13.072, subdivision 3; 35.11 13.71, subdivisions 18, 19, 20, and 21; and 13.99, subdivision 35.12 21d, are repealed. 35.13 Sec. 54. [EFFECTIVE DATE.] 35.14 Sections 32 to 45 are effective the day following final 35.15 enactment. Section 46 is effective for deeds executed and 35.16 delivered, and mortgages submitted for recording, on or after 35.17 July 1, 1997.