HF 1626

  1.1                          A bill for an act 
  1.2             relating to government data practices; classifying 
  1.3             data; providing immunity for disclosures made in 
  1.4             response to legislative subpoenas; classifying data 
  1.5             between individuals and elected officials; authorizing 
  1.6             disclosure of certain welfare data for the purpose of 
  1.7             evaluating the Minnesota family investment program; 
  1.8             authorizing personnel of public assistance programs 
  1.9             access to the child support system database for 
  1.10            administrative purposes; authorizing data exchange 
  1.11            between departments of human services and children, 
  1.12            families, and learning to evaluate the Minnesota 
  1.13            family investment program; authorizing release of 
  1.14            certain consumer complaint data under certain 
  1.15            circumstances; authorizing release of domestic abuse 
  1.16            data to certain designated organizations; authorizing 
  1.17            the department of economic security to disseminate 
  1.18            employer data for the purpose of assisting individuals 
  1.19            using the workforce center system; making changes to 
  1.20            department of revenue data law; amending Minnesota 
  1.21            Statutes 1996, sections 3.153, by adding a 
  1.22            subdivision; 13.33; 13.65, subdivision 1, and by 
  1.23            adding a subdivision; 13.794, subdivision 1; 13.82, by 
  1.24            adding a subdivision; 13.85, subdivision 2; 168.346; 
  1.25            270B.02, subdivision 3; 270B.03, subdivision 6; 
  1.26            270B.12, subdivision 6; and 629.341, subdivision 4; 
  1.27            Minnesota Statutes 1997 Supplement, sections 13.37, 
  1.28            subdivision 1; 13.46, subdivision 2; 260.161, 
  1.29            subdivision 1; 268.19; and 270B.01, subdivision 8; 
  1.30            repealing Minnesota Statutes 1996, section 270.10, 
  1.31            subdivision 3. 
  1.32  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.33     Section 1.  Minnesota Statutes 1996, section 3.153, is 
  1.34  amended by adding a subdivision to read: 
  1.35     Subd. 6.  [IMMUNITY FOR DISCLOSURE; DISCLOSURE BY 
  1.36  COMMITTEE.] A person who produces records or gives testimony in 
  1.37  response to a subpoena issued under this section is immune from 
  1.38  civil or criminal liability or occupational disciplinary 
  2.1   proceedings that might otherwise result from the fact of the 
  2.2   disclosure made by the production of the records or giving of 
  2.3   the testimony.  A joint legislative commission or standing or 
  2.4   interim legislative committee which receives testimony or 
  2.5   documents pursuant to a subpoena issued under this section may 
  2.6   disclose the testimony or documents, notwithstanding any other 
  2.7   statutory provision that restricts access to or disclosure of 
  2.8   the documents or the substance of the testimony. 
  2.9      Sec. 2.  Minnesota Statutes 1996, section 13.33, is amended 
  2.10  to read: 
  2.11     13.33 [ELECTED OFFICIALS; CORRESPONDENCE; PRIVATE DATA.] 
  2.12     Correspondence between individuals and elected officials is 
  2.13  private data on individuals, but may be made public by either 
  2.14  the sender or the recipient.  This section does not apply to 
  2.15  correspondence between elected officials or between an elected 
  2.16  official and a government employee acting within the scope of 
  2.17  employment. 
  2.18     Sec. 3.  Minnesota Statutes 1997 Supplement, section 13.37, 
  2.19  subdivision 1, is amended to read: 
  2.20     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  2.21  following terms have the meanings given them. 
  2.22     (a) "Security information" means government data the 
  2.23  disclosure of which would be likely to substantially jeopardize 
  2.24  the security of information, possessions, individuals or 
  2.25  property against theft, tampering, improper use, attempted 
  2.26  escape, illegal disclosure, trespass, or physical injury.  
  2.27  "Security information" includes crime prevention block maps and 
  2.28  lists of volunteers who participate in community crime 
  2.29  prevention programs and their home addresses and telephone 
  2.30  numbers. 
  2.31     (b) "Trade secret information" means government data, 
  2.32  including a formula, pattern, compilation, program, device, 
  2.33  method, technique or process (1) that was supplied by the 
  2.34  affected individual or organization, (2) that is the subject of 
  2.35  efforts by the individual or organization that are reasonable 
  2.36  under the circumstances to maintain its secrecy, and (3) that 
  3.1   derives independent economic value, actual or potential, from 
  3.2   not being generally known to, and not being readily 
  3.3   ascertainable by proper means by, other persons who can obtain 
  3.4   economic value from its disclosure or use. 
  3.5      (c) "Labor relations information" means management 
  3.6   positions on economic and noneconomic items that have not been 
  3.7   presented during the collective bargaining process or interest 
  3.8   arbitration, including information specifically collected or 
  3.9   created to prepare the management position. 
  3.10     (d) "Parking space leasing data" means the following 
  3.11  government data on an applicant for, or lessee of, a parking 
  3.12  space:  residence address, home telephone number, beginning and 
  3.13  ending work hours, place of employment, and work telephone 
  3.14  number, and location of the parking space. 
  3.15     (e) "Internal competitive proposal" means a proposal to 
  3.16  provide government services that is prepared by the staff of a 
  3.17  political subdivision in competition with proposals solicited by 
  3.18  the political subdivision from the private sector. 
  3.19     Sec. 4.  Minnesota Statutes 1997 Supplement, section 13.46, 
  3.20  subdivision 2, is amended to read: 
  3.21     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  3.22  a statute specifically provides a different classification, data 
  3.23  on individuals collected, maintained, used, or disseminated by 
  3.24  the welfare system is private data on individuals, and shall not 
  3.25  be disclosed except:  
  3.26     (1) according to section 13.05; 
  3.27     (2) according to court order; 
  3.28     (3) according to a statute specifically authorizing access 
  3.29  to the private data; 
  3.30     (4) to an agent of the welfare system, including a law 
  3.31  enforcement person, attorney, or investigator acting for it in 
  3.32  the investigation or prosecution of a criminal or civil 
  3.33  proceeding relating to the administration of a program; 
  3.34     (5) to personnel of the welfare system who require the data 
  3.35  to determine eligibility, amount of assistance, and the need to 
  3.36  provide services of additional programs to the individual; 
  4.1      (6) to administer federal funds or programs; 
  4.2      (7) between personnel of the welfare system working in the 
  4.3   same program; 
  4.4      (8) the amounts of cash public assistance and relief paid 
  4.5   to welfare recipients in this state, including their names, 
  4.6   social security numbers, income, addresses, and other data as 
  4.7   required, upon request by the department of revenue to 
  4.8   administer the property tax refund law, supplemental housing 
  4.9   allowance, early refund of refundable tax credits, and the 
  4.10  income tax.  "Refundable tax credits" means the dependent care 
  4.11  credit under section 290.067, the Minnesota working family 
  4.12  credit under section 290.0671, the property tax refund under 
  4.13  section 290A.04, and, if the required federal waiver or waivers 
  4.14  are granted, the federal earned income tax credit under section 
  4.15  32 of the Internal Revenue Code; 
  4.16     (9) to between the department of human services and the 
  4.17  Minnesota department of economic security for the purpose of 
  4.18  monitoring the eligibility of the data subject for reemployment 
  4.19  insurance, for any employment or training program administered, 
  4.20  supervised, or certified by that agency, or for the purpose of 
  4.21  administering any rehabilitation program, whether alone or in 
  4.22  conjunction with the welfare system, and to verify receipt of 
  4.23  energy assistance for the telephone assistance plan or exchange 
  4.24  data on recipients and former recipients of food stamps, cash 
  4.25  assistance under chapter 256, 256D, 256J, or 256K, child care 
  4.26  assistance under chapter 119B, or medical programs under chapter 
  4.27  256B, 256D, or 256L to monitor and evaluate the statewide 
  4.28  Minnesota family investment program; 
  4.29     (10) to appropriate parties in connection with an emergency 
  4.30  if knowledge of the information is necessary to protect the 
  4.31  health or safety of the individual or other individuals or 
  4.32  persons; 
  4.33     (11) data maintained by residential programs as defined in 
  4.34  section 245A.02 may be disclosed to the protection and advocacy 
  4.35  system established in this state according to Part C of Public 
  4.36  Law Number 98-527 to protect the legal and human rights of 
  5.1   persons with mental retardation or other related conditions who 
  5.2   live in residential facilities for these persons if the 
  5.3   protection and advocacy system receives a complaint by or on 
  5.4   behalf of that person and the person does not have a legal 
  5.5   guardian or the state or a designee of the state is the legal 
  5.6   guardian of the person; 
  5.7      (12) to the county medical examiner or the county coroner 
  5.8   for identifying or locating relatives or friends of a deceased 
  5.9   person; 
  5.10     (13) data on a child support obligor who makes payments to 
  5.11  the public agency may be disclosed to the higher education 
  5.12  services office to the extent necessary to determine eligibility 
  5.13  under section 136A.121, subdivision 2, clause (5); 
  5.14     (14) participant social security numbers and names 
  5.15  collected by the telephone assistance program may be disclosed 
  5.16  to the department of revenue to conduct an electronic data match 
  5.17  with the property tax refund database to determine eligibility 
  5.18  under section 237.70, subdivision 4a; 
  5.19     (15) the current address of a recipient of aid to families 
  5.20  with dependent children or Minnesota family investment 
  5.21  program-statewide may be disclosed to law enforcement officers 
  5.22  who provide the name of the recipient and notify the agency that:
  5.23     (i) the recipient: 
  5.24     (A) is a fugitive felon fleeing to avoid prosecution, or 
  5.25  custody or confinement after conviction, for a crime or attempt 
  5.26  to commit a crime that is a felony under the laws of the 
  5.27  jurisdiction from which the individual is fleeing; or 
  5.28     (B) is violating a condition of probation or parole imposed 
  5.29  under state or federal law; 
  5.30     (ii) the location or apprehension of the felon is within 
  5.31  the law enforcement officer's official duties; and 
  5.32     (iii)  the request is made in writing and in the proper 
  5.33  exercise of those duties; 
  5.34     (16) the current address of a recipient of general 
  5.35  assistance or general assistance medical care may be disclosed 
  5.36  to probation officers and corrections agents who are supervising 
  6.1   the recipient and to law enforcement officers who are 
  6.2   investigating the recipient in connection with a felony level 
  6.3   offense; 
  6.4      (17) information obtained from food stamp applicant or 
  6.5   recipient households may be disclosed to local, state, or 
  6.6   federal law enforcement officials, upon their written request, 
  6.7   for the purpose of investigating an alleged violation of the 
  6.8   Food Stamp Act, according to Code of Federal Regulations, title 
  6.9   7, section 272.1(c); 
  6.10     (18) the address, social security number, and, if 
  6.11  available, photograph of any member of a household receiving 
  6.12  food stamps shall be made available, on request, to a local, 
  6.13  state, or federal law enforcement officer if the officer 
  6.14  furnishes the agency with the name of the member and notifies 
  6.15  the agency that:  
  6.16     (i) the member: 
  6.17     (A) is fleeing to avoid prosecution, or custody or 
  6.18  confinement after conviction, for a crime or attempt to commit a 
  6.19  crime that is a felony in the jurisdiction the member is 
  6.20  fleeing; 
  6.21     (B) is violating a condition of probation or parole imposed 
  6.22  under state or federal law; or 
  6.23     (C) has information that is necessary for the officer to 
  6.24  conduct an official duty related to conduct described in subitem 
  6.25  (A) or (B); 
  6.26     (ii) locating or apprehending the member is within the 
  6.27  officer's official duties; and 
  6.28     (iii) the request is made in writing and in the proper 
  6.29  exercise of the officer's official duty; 
  6.30     (19) certain information regarding child support obligors 
  6.31  who are in arrears may be made public according to section 
  6.32  518.575; 
  6.33     (20) data on child support payments made by a child support 
  6.34  obligor, and data on the distribution of those payments 
  6.35  excluding identifying information on obligees may be disclosed 
  6.36  to all obligees to whom the obligor owes support, and data on 
  7.1   the enforcement actions undertaken by the public authority and, 
  7.2   the status of those actions, and data on the income of the 
  7.3   obligor or obligee may be disclosed to the other party; 
  7.4      (21) data in the work reporting system may be disclosed 
  7.5   under section 256.998, subdivision 7; 
  7.6      (22) to the department of children, families, and learning 
  7.7   for the purpose of matching department of children, families, 
  7.8   and learning student data with public assistance data to 
  7.9   determine students eligible for free and reduced price meals, 
  7.10  meal supplements, and free milk according to United States Code, 
  7.11  title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
  7.12  produce accurate numbers of students receiving aid to families 
  7.13  with dependent children or Minnesota family investment 
  7.14  program-statewide as required by section 124.175; to verify 
  7.15  receipt of energy assistance for the telephone assistance plan; 
  7.16  and to allocate federal and state funds that are distributed 
  7.17  based on income of the student's family; 
  7.18     (23) the current address and telephone number of program 
  7.19  recipients and emergency contacts may be released to the 
  7.20  commissioner of health or a local board of health as defined in 
  7.21  section 145A.02, subdivision 2, when the commissioner or local 
  7.22  board of health has reason to believe that a program recipient 
  7.23  is a disease case, carrier, suspect case, or at risk of illness, 
  7.24  and the data are necessary to locate the person; or 
  7.25     (24) to other state agencies, statewide systems, and 
  7.26  political subdivisions of this state, including the attorney 
  7.27  general, and agencies of other states, interstate information 
  7.28  networks, federal agencies, and other entities as required by 
  7.29  federal regulation or law for the administration of the child 
  7.30  support enforcement program; 
  7.31     (25) to provide personnel of the public assistance programs 
  7.32  as defined in section 256.741 access to the child support system 
  7.33  database for the purpose of administration, including monitoring 
  7.34  and evaluation of those public assistance programs; or support 
  7.35  and public assistance programs, between personnel of the child 
  7.36  support enforcement program and personnel of public assistance 
  8.1   programs providing any form of assistance under AFDC, MFIP, and 
  8.2   MFIP-R under chapter 256; MFIP-S under chapter 256J; and work 
  8.3   first under chapter 256K; child care assistance provided through 
  8.4   the child care fund under chapter 119B; any form of assistance 
  8.5   under medical assistance under chapter 256B; general assistance 
  8.6   medical care under chapter 256D; or MinnesotaCare under chapter 
  8.7   256L; and foster care as provided under title IV-E of the Social 
  8.8   Security Act; or 
  8.9      (26) to exchange data between the departments of human 
  8.10  services and children, families, and learning on recipients and 
  8.11  former recipients of food stamps; cash assistance under chapter 
  8.12  256, 256D, 256J, or 256K; child care assistance under chapter 
  8.13  119B; or medical programs under chapter 256B, 256D, or 256L, to 
  8.14  monitor and evaluate the statewide Minnesota family investment 
  8.15  program. 
  8.16     (b) Information on persons who have been treated for drug 
  8.17  or alcohol abuse may only be disclosed according to the 
  8.18  requirements of Code of Federal Regulations, title 42, sections 
  8.19  2.1 to 2.67. 
  8.20     (c) Data provided to law enforcement agencies under 
  8.21  paragraph (a), clause (15), (16), (17), or (18), or paragraph 
  8.22  (b), are investigative data and are confidential or protected 
  8.23  nonpublic while the investigation is active.  The data are 
  8.24  private after the investigation becomes inactive under section 
  8.25  13.82, subdivision 5, paragraph (a) or (b). 
  8.26     (d) Mental health data shall be treated as provided in 
  8.27  subdivisions 7, 8, and 9, but is not subject to the access 
  8.28  provisions of subdivision 10, paragraph (b). 
  8.29     Sec. 5.  Minnesota Statutes 1996, section 13.65, 
  8.30  subdivision 1, is amended to read: 
  8.31     Subdivision 1.  [PRIVATE DATA.] The following data created, 
  8.32  collected, and maintained by the office of the attorney general 
  8.33  are classified as private data on individuals:  
  8.34     (a) the record, including but not limited to, the 
  8.35  transcript and exhibits of all disciplinary proceedings held by 
  8.36  a state agency, board or commission, except in those instances 
  9.1   where there is a public hearing; 
  9.2      (b) communications and noninvestigative files regarding 
  9.3   administrative or policy matters which do not evidence final 
  9.4   public actions; 
  9.5      (c) consumer complaint data, other than that data 
  9.6   classified as confidential, including consumers' complaints 
  9.7   against businesses and follow-up investigative materials, except 
  9.8   as otherwise provided by subdivision 2a; 
  9.9      (d) investigative data, obtained in anticipation of, or in 
  9.10  connection with litigation or an administrative proceeding where 
  9.11  the investigation is not currently active; and 
  9.12     (e) data collected by the consumer division of the attorney 
  9.13  general's office in its administration of the home protection 
  9.14  hot line including:  the name, address, and phone telephone 
  9.15  number of the consumer; the name and address of the mortgage 
  9.16  company; the total amount of the mortgage; the amount of money 
  9.17  needed to bring the delinquent mortgage current; the consumer's 
  9.18  place of employment; the consumer's total family income; and the 
  9.19  history of attempts made by the consumer to renegotiate a 
  9.20  delinquent mortgage.  
  9.21     Sec. 6.  Minnesota Statutes 1996, section 13.65, is amended 
  9.22  by adding a subdivision to read: 
  9.23     Subd. 2a.  [CERTAIN CONSUMER COMPLAINT DATA.] The name, 
  9.24  address, and telephone number of a person who has filed a 
  9.25  consumer complaint with the consumer division of the attorney 
  9.26  general's office may be released to an attorney representing a 
  9.27  party in an action involving a consumer complaint if: 
  9.28     (1) the attorney general determines that release of the 
  9.29  data would not interfere with an active investigation or 
  9.30  litigation being conducted by the attorney general; and 
  9.31     (2) the individual grants permission to the attorney 
  9.32  general to allow release of the data. 
  9.33     Sec. 7.  Minnesota Statutes 1996, section 13.794, 
  9.34  subdivision 1, is amended to read: 
  9.35     Subdivision 1.  [CONFIDENTIAL DATA OR PROTECTED NONPUBLIC 
  9.36  DATA.] Data, notes, and preliminary drafts of reports created, 
 10.1   collected, and maintained by the internal audit offices of state 
 10.2   agencies and political subdivisions, or persons performing 
 10.3   audits for state agencies and political subdivisions, and 
 10.4   relating to an audit or investigation are confidential data on 
 10.5   individuals or protected nonpublic data until the final report 
 10.6   has been published or the audit or investigation is no longer 
 10.7   being pursued actively., except that they shall be disclosed as 
 10.8   necessary to comply with the requirements of section 6.67 or 
 10.9   609.456.  This section does not limit in any way the state 
 10.10  auditor's access to government data of political subdivisions or 
 10.11  data, notes, or preliminary drafts of reports of persons 
 10.12  performing audits for political subdivisions. 
 10.13     Sec. 8.  Minnesota Statutes 1996, section 13.82, is amended 
 10.14  by adding a subdivision to read: 
 10.15     Subd. 3b.  [DOMESTIC ABUSE DATA.] The written police report 
 10.16  required by section 629.341, subdivision 4, of an alleged 
 10.17  incident described in section 629.341, subdivision 1, and any 
 10.18  arrest report or incident report arising out of such an incident 
 10.19  or out of an alleged violation of an order for protection shall 
 10.20  be released upon request, at no cost, to an organization 
 10.21  designated by the Minnesota center for crime victims services, 
 10.22  the department of corrections, or the department of public 
 10.23  safety that provides services to victims of domestic abuse.  The 
 10.24  executive director or the commissioner of the appropriate state 
 10.25  agency shall develop written criteria for this designation in 
 10.26  consultation with the battered women's advisory council.  
 10.27     Sec. 9.  Minnesota Statutes 1996, section 13.85, 
 10.28  subdivision 2, is amended to read: 
 10.29     Subd. 2.  [PRIVATE DATA.] Unless the data are summary data 
 10.30  or arrest data, or a statute specifically provides a different 
 10.31  classification, corrections and detention data on individuals 
 10.32  are classified as private pursuant to section 13.02, subdivision 
 10.33  12, to the extent that the release of the data would either (a) 
 10.34  disclose personal, medical, psychological, or financial 
 10.35  information, or personal information not related to their lawful 
 10.36  confinement or detainment or (b) endanger an individual's life. 
 11.1      Sec. 10.  Minnesota Statutes 1996, section 168.346, is 
 11.2   amended to read: 
 11.3      168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.] 
 11.4      (a) The registered owner of a motor vehicle may request in 
 11.5   writing that the owner's residence address or name and residence 
 11.6   address be classified as private data on individuals, as defined 
 11.7   in section 13.02, subdivision 12.  The commissioner shall grant 
 11.8   the classification upon receipt of a signed statement by the 
 11.9   owner that the classification is required for the safety of the 
 11.10  owner or the owner's family, if the statement also provides a 
 11.11  valid, existing address where the owner consents to receive 
 11.12  service of process.  The commissioner shall use the mailing 
 11.13  address in place of the residence address in all documents and 
 11.14  notices pertaining to the motor vehicle.  The residence address 
 11.15  or name and residence address and any information provided in 
 11.16  the classification request, other than the mailing address, are 
 11.17  private data on individuals and may be provided to requesting 
 11.18  law enforcement agencies, probation and parole agencies, and 
 11.19  public authorities, as defined in section 518.54, subdivision 9. 
 11.20     (b) An individual registered owner of a motor vehicle must 
 11.21  be informed in a clear and conspicuous manner on the forms for 
 11.22  issuance or renewal of titles and registrations, that the 
 11.23  owner's personal information may be disclosed to any person who 
 11.24  makes a request for the personal information, and that, except 
 11.25  for uses permitted by United States Code, title 18, section 
 11.26  2721, clause (b), the registered owner may prohibit disclosure 
 11.27  of the personal information by so indicating on the form. 
 11.28     (c) At the time of registration or renewal, the individual 
 11.29  registered owner of a motor vehicle must also be informed in a 
 11.30  clear and conspicuous manner on forms that the owner's personal 
 11.31  information may be used, rented, or sold solely for bulk 
 11.32  distribution by organizations for business purposes including 
 11.33  surveys, marketing, and solicitation.  The commissioner shall 
 11.34  implement methods and procedures that enable the registered 
 11.35  owner to request that bulk surveys, marketing, or solicitation 
 11.36  not be directed to the owner.  If the registered owner so 
 12.1   requests, the commissioner shall implement the request in a 
 12.2   timely manner and the personal information may not be so used. 
 12.3      (d) To the extent permitted by United States Code, title 
 12.4   18, section 2721, data on individuals provided to register a 
 12.5   motor vehicle is public data on individuals and shall be 
 12.6   disclosed as permitted by United States Code, title 18, section 
 12.7   2721, clause (b).  For purposes of this paragraph, access by 
 12.8   requesters making requests described in section 168.345, 
 12.9   subdivision 4, is deemed to be related to public safety. 
 12.10     Sec. 11.  Minnesota Statutes 1997 Supplement, section 
 12.11  260.161, subdivision 1, is amended to read: 
 12.12     Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] (a) The 
 12.13  juvenile court judge shall keep such minutes and in such manner 
 12.14  as the court deems necessary and proper.  Except as provided in 
 12.15  paragraph (b), the court shall keep and maintain records 
 12.16  pertaining to delinquent adjudications until the person reaches 
 12.17  the age of 28 years and shall release the records on an 
 12.18  individual to another juvenile court that has jurisdiction of 
 12.19  the juvenile, to a requesting adult court for purposes of 
 12.20  sentencing, or to an adult court or juvenile court as required 
 12.21  by the right of confrontation of either the United States 
 12.22  Constitution or the Minnesota Constitution.  The juvenile court 
 12.23  shall provide, upon the request of any other juvenile court, 
 12.24  copies of the records concerning adjudications involving the 
 12.25  particular child.  The court also may provide copies of records 
 12.26  concerning delinquency adjudications, on request, to law 
 12.27  enforcement agencies, probation officers, and corrections agents 
 12.28  if the court finds that providing these records serves public 
 12.29  safety or is in the best interests of the child.  Until July 1, 
 12.30  1999, juvenile court delinquency proceeding records of 
 12.31  adjudications, court transcripts, and delinquency petitions, 
 12.32  including any probable cause attachments that have been filed or 
 12.33  police officer reports relating to a petition, must be released 
 12.34  to requesting law enforcement agencies and prosecuting 
 12.35  authorities for purposes of investigating and prosecuting 
 12.36  violations of section 609.229, provided that psychological or 
 13.1   mental health reports may not be included with those records.  
 13.2   The records have the same data classification in the hands of t 
 13.3   The agency receiving them as they had in the hands of the court 
 13.4   the records may release the records only as permitted under this 
 13.5   section or authorized by law. 
 13.6      The court shall also keep an index in which files 
 13.7   pertaining to juvenile matters shall be indexed under the name 
 13.8   of the child.  After the name of each file shall be shown the 
 13.9   file number and, if ordered by the court, the book and page of 
 13.10  the register in which the documents pertaining to such file are 
 13.11  listed.  The court shall also keep a register properly indexed 
 13.12  in which shall be listed under the name of the child all 
 13.13  documents filed pertaining to the child and in the order filed.  
 13.14  The list shall show the name of the document and the date of 
 13.15  filing thereof.  The juvenile court legal records shall be 
 13.16  deposited in files and shall include the petition, summons, 
 13.17  notice, findings, orders, decrees, judgments, and motions and 
 13.18  such other matters as the court deems necessary and proper.  
 13.19  Unless otherwise provided by law, all court records shall be 
 13.20  open at all reasonable times to the inspection of any child to 
 13.21  whom the records relate, and to the child's parent and guardian. 
 13.22     (b) The court shall retain records of the court finding 
 13.23  that a juvenile committed an act that would be a felony or gross 
 13.24  misdemeanor level offense until the offender reaches the age of 
 13.25  28.  If the offender commits a felony as an adult, or the court 
 13.26  convicts a child as an extended jurisdiction juvenile, the court 
 13.27  shall retain the juvenile records for as long as the records 
 13.28  would have been retained if the offender had been an adult at 
 13.29  the time of the juvenile offense.  This paragraph does not apply 
 13.30  unless the juvenile was provided counsel as required by section 
 13.31  260.155, subdivision 2. 
 13.32     Sec. 12.  Minnesota Statutes 1997 Supplement, section 
 13.33  268.19, is amended to read: 
 13.34     268.19 [INFORMATION.] 
 13.35     (a) Except as hereinafter otherwise provided by this 
 13.36  section, data gathered from any employing unit employer or 
 14.1   individual pursuant to the administration of sections 268.03 to 
 14.2   268.23, and from any determination as to the benefit rights of 
 14.3   any individual are private data on individuals or nonpublic data 
 14.4   not on individuals as defined in section 13.02, subdivisions 9 
 14.5   and 12, and may not be disclosed except pursuant to a court 
 14.6   order or section 13.05.  These data may be disseminated to and 
 14.7   used by the following agencies without the consent of the 
 14.8   subject of the data:  
 14.9      (a) (1) state and federal agencies specifically authorized 
 14.10  access to the data by state or federal law; 
 14.11     (b) (2) any agency of this Minnesota or any other state; or 
 14.12  any federal agency charged with the administration of an 
 14.13  employment security law or the maintenance of a system of public 
 14.14  employment offices; 
 14.15     (c) local (3) human rights groups agencies within the 
 14.16  state Minnesota which have enforcement powers; 
 14.17     (d) (4) the department of revenue shall have access to 
 14.18  department of economic security private data on individuals and 
 14.19  nonpublic data not on individuals only to the extent necessary 
 14.20  for enforcement of Minnesota tax laws; 
 14.21     (e) (5) public and private agencies responsible for 
 14.22  administering publicly financed assistance programs for the 
 14.23  purpose of monitoring the eligibility of the program's 
 14.24  recipients; 
 14.25     (f) (6) the department of labor and industry on an 
 14.26  interchangeable basis with the department of economic security 
 14.27  subject to the following limitations and notwithstanding any law 
 14.28  to the contrary:  
 14.29     (1) (i) the department of economic security shall have 
 14.30  access to private data on individuals and nonpublic data not on 
 14.31  individuals for uses consistent with the administration of its 
 14.32  duties under sections 268.03 to 268.23; and 
 14.33     (2) (ii) the department of labor and industry shall have 
 14.34  access to private data on individuals and nonpublic data not on 
 14.35  individuals for uses consistent with the administration of its 
 14.36  duties under state Minnesota law; 
 15.1      (g) (7) the department of trade and economic development 
 15.2   may have access to private data on individual employing units 
 15.3   employers and nonpublic data not on individual employing units 
 15.4   employers for its internal use only; when received by the 
 15.5   department of trade and economic development, the data remain 
 15.6   private data on individuals or nonpublic data; 
 15.7      (h) (8) local and state welfare agencies for monitoring the 
 15.8   eligibility of the data subject for assistance programs, or for 
 15.9   any employment or training program administered by those 
 15.10  agencies, whether alone, in combination with another welfare 
 15.11  agency, or in conjunction with the department of economic 
 15.12  security, or to monitor and evaluate the statewide Minnesota 
 15.13  Family Investment Program by providing data on recipients and 
 15.14  former recipients of food stamps, cash, child care, and medical 
 15.15  programs; 
 15.16     (i) (9) local, state, and federal law enforcement agencies 
 15.17  for the sole purpose of ascertaining the last known address and 
 15.18  employment location of the data subject, provided the data 
 15.19  subject is the subject of a criminal investigation; and 
 15.20     (j) (10) the department of health may have access to 
 15.21  private data on individuals and nonpublic data not on 
 15.22  individuals solely for the purposes of epidemiologic 
 15.23  investigations.  
 15.24     (b) Data on individuals and employing units employers which 
 15.25  are collected, maintained, or used by the department in an 
 15.26  investigation pursuant to section 268.182 are confidential as to 
 15.27  data on individuals and protected nonpublic data not on 
 15.28  individuals as defined in section 13.02, subdivisions 3 and 13, 
 15.29  and shall not be disclosed except pursuant to statute or court 
 15.30  order or to a party named in a criminal proceeding, 
 15.31  administrative or judicial, for preparation of a defense.  
 15.32     (c) Tape recordings and transcripts of recordings of 
 15.33  proceedings conducted in accordance with section 268.105 and 
 15.34  exhibits received into evidence at those proceedings are private 
 15.35  data on individuals and nonpublic data not on individuals and 
 15.36  shall be disclosed only pursuant to the administration of 
 16.1   section 268.105, or pursuant to a court order.  
 16.2      Aggregate data about employers compiled from individual job 
 16.3   orders placed with the department of economic security are 
 16.4   private data on individuals and nonpublic data not on 
 16.5   individuals as defined in section 13.02, subdivisions 9 and 12, 
 16.6   if the commissioner determines that divulging the data would 
 16.7   result in disclosure of the identity of the employer.  
 16.8      (d) The department may disseminate an employer's name, 
 16.9   address, industry code, occupations employed, and the number of 
 16.10  employees by ranges of not less than 100 for the purpose of 
 16.11  assisting individuals using the Minnesota Workforce Center 
 16.12  System in obtaining employment. 
 16.13     (e) The general aptitude test battery and the nonverbal 
 16.14  aptitude test battery as administered by the department are also 
 16.15  classified as private data on individuals or nonpublic data.  
 16.16     (f) Data on individuals collected, maintained, or created 
 16.17  because an individual applies for benefits or services provided 
 16.18  by the energy assistance and weatherization programs 
 16.19  administered by the department of economic security is private 
 16.20  data on individuals and shall not be disseminated except 
 16.21  pursuant to section 13.05, subdivisions 3 and 4.  
 16.22     (g) Data gathered by the department pursuant to the 
 16.23  administration of sections 268.03 to 268.23 shall not be made 
 16.24  the subject or the basis for any suit in any civil proceedings, 
 16.25  administrative or judicial, unless the action is initiated by 
 16.26  the department. 
 16.27     Sec. 13.  Minnesota Statutes 1997 Supplement, section 
 16.28  270B.01, subdivision 8, is amended to read: 
 16.29     Subd. 8.  [MINNESOTA TAX LAWS.] For purposes of this 
 16.30  chapter only, unless expressly stated otherwise, "Minnesota tax 
 16.31  laws" means the taxes, refunds, and fees administered by or paid 
 16.32  to the commissioner under chapters 115B (except taxes imposed 
 16.33  under sections 115B.21 to 115B.24), 289A (except taxes imposed 
 16.34  under sections 298.01, 298.015, and 298.24), 290, 290A, 291, 
 16.35  297A, and 297H and sections 295.50 to 295.59, or any similar 
 16.36  Indian tribal tax administered by the commissioner pursuant to 
 17.1   any tax agreement between the state and the Indian tribal 
 17.2   government, and includes any laws for the assessment, 
 17.3   collection, and enforcement of those taxes, refunds, and fees. 
 17.4      Sec. 14.  Minnesota Statutes 1996, section 270B.02, 
 17.5   subdivision 3, is amended to read: 
 17.6      Subd. 3.  [CONFIDENTIAL DATA ON INDIVIDUALS; PROTECTED 
 17.7   NONPUBLIC DATA.] (a) Except as provided in paragraph (b), the 
 17.8   name or existence of an informer, informer letters, and other 
 17.9   unsolicited data, in whatever form, given to the department of 
 17.10  revenue by a person, other than the data subject, who informs 
 17.11  that a specific taxpayer is not or may not be in compliance with 
 17.12  tax laws, or nontax laws administered by the department of 
 17.13  revenue, including laws not listed in section 270B.01, 
 17.14  subdivision 8, are confidential data on individuals or protected 
 17.15  nonpublic data as defined in section 13.02, subdivisions 3 and 
 17.16  13. 
 17.17     (b) Data under paragraph (a) may be disclosed with the 
 17.18  consent of the informer or upon a written finding by a court 
 17.19  that the information provided by the informer was false and that 
 17.20  there is evidence that the information was provided in bad 
 17.21  faith.  This subdivision does not alter disclosure 
 17.22  responsibilities or obligations under the rules of criminal 
 17.23  procedure. 
 17.24     Sec. 15.  Minnesota Statutes 1996, section 270B.03, 
 17.25  subdivision 6, is amended to read: 
 17.26     Subd. 6.  [INVESTIGATIVE DATA.] Notwithstanding For 
 17.27  purposes of any law to the contrary, the disclosure of 
 17.28  administered by the department of revenue, including laws not 
 17.29  listed in section 270B.01, subdivision 8, investigative data 
 17.30  collected or created by the department of revenue in order to 
 17.31  prepare a case against a person, whether known or unknown, for 
 17.32  the commission of a crime is governed by section 13.82, 
 17.33  subdivision 5, confidential or protected nonpublic during an 
 17.34  investigation.  When the investigation becomes inactive, as 
 17.35  defined in section 13.82, subdivision 5, the previous 
 17.36  classifications otherwise applicable under any other laws become 
 18.1   effective. 
 18.2      Sec. 16.  Minnesota Statutes 1996, section 270B.12, 
 18.3   subdivision 6, is amended to read: 
 18.4      Subd. 6.  [DEPARTMENT OF REVENUE EMPLOYEES; ATTORNEY 
 18.5   GENERAL.] Returns and return information may shall be open to 
 18.6   inspection by or disclosure to an employee or agent of the 
 18.7   department of revenue and the attorney general only for the 
 18.8   purpose of and to the extent necessary to administer tax laws. 
 18.9      Sec. 17.  Minnesota Statutes 1996, section 629.341, 
 18.10  subdivision 4, is amended to read: 
 18.11     Subd. 4.  [REPORT REQUIRED.] Whenever a peace officer 
 18.12  investigates an allegation that an incident described in 
 18.13  subdivision 1 has occurred, whether or not an arrest is made, 
 18.14  the officer shall make a written police report of the alleged 
 18.15  incident.  The report must contain at least the following 
 18.16  information:  the name, address, and telephone number of the 
 18.17  victim, a statement as to whether or not an arrest occurred, the 
 18.18  name of the arrested person, and a brief summary of the 
 18.19  incident.  The report required by the subdivision is private 
 18.20  data but shall be provided upon request, at no cost, to 
 18.21  organizations designated by the Minnesota crime victims services 
 18.22  center, the department of public safety, or the commissioner of 
 18.23  corrections that are providing services to victims of domestic 
 18.24  abuse.  The officer shall submit the report to the officer's 
 18.25  supervisor or other person to whom the employer's rules or 
 18.26  policies require reports of similar allegations of criminal 
 18.27  activity to be made.  
 18.28     Sec. 18.  [REPEALER.] 
 18.29     Minnesota Statutes 1996, section 270.10, subdivision 3, is 
 18.30  repealed.  
 18.31     Sec. 19.  [REVISOR'S INSTRUCTION.] 
 18.32     In the next edition of Minnesota Statutes, the revisor must 
 18.33  renumber section 13.794 as 13.392 or otherwise include it among 
 18.34  appropriate sections that refer to both state agencies and 
 18.35  political subdivisions in Minnesota Statutes, chapter 13. 
 18.36     Sec. 20.  [EFFECTIVE DATE.] 
 19.1      Sections 4, clause (25); 13 to 16; and 18 are effective the 
 19.2   day following final enactment. 
 19.3      Sections 7 and 19 are effective July 1, 1998.