1.1    .................... moves to amend H. F. No. 1360 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 13.02, subdivision 8, is amended to read:
1.4    Subd. 8. Individual. "Individual" means a natural person. In the case of a minor or
1.5an individual adjudged mentally incompetent incapacitated person as defined in section
1.6524.5-102, subdivision 6, "individual" includes a parent or guardian or an individual
1.7acting as a parent or guardian in the absence of a parent or guardian, except that the
1.8responsible authority shall withhold data from parents or guardians, or individuals acting
1.9as parents or guardians in the absence of parents or guardians, upon request by the minor
1.10if the responsible authority determines that withholding the data would be in the best
1.11interest of the minor.

1.12    Sec. 2. Minnesota Statutes 2006, section 13.02, subdivision 11, is amended to read:
1.13    Subd. 11. Political subdivision. "Political subdivision" means any county, statutory
1.14or home rule charter city, school district, special district, any town exercising powers
1.15under chapter 368 and located in the metropolitan area, as defined in section 473.121,
1.16subdivision 2 , and any board, commission, district or authority created pursuant to law,
1.17local ordinance or charter provision. It includes any nonprofit corporation which is a
1.18community action agency organized pursuant to the Economic Opportunity Act of 1964
1.19(Public Law 88-452) as amended, to qualify for public funds, or any nonprofit social
1.20service agency which performs services under contract to any political subdivision,
1.21statewide system or state agency a government entity, to the extent that the nonprofit social
1.22service agency or nonprofit corporation collects, stores, disseminates, and uses data on
1.23individuals because of a contractual relationship with state agencies, political subdivisions
1.24or statewide systems a government entity.

1.25    Sec. 3. Minnesota Statutes 2006, section 13.03, subdivision 4, is amended to read:
2.1    Subd. 4. Change in classification of data; effect of dissemination among
2.2agencies. (a) The classification of data in the possession of an entity shall change if it is
2.3required to do so to comply with either judicial or administrative rules pertaining to the
2.4conduct of legal actions or with a specific statute applicable to the data in the possession
2.5of the disseminating or receiving entity.
2.6    (b) If data on individuals is classified as both private and confidential by this chapter,
2.7or any other statute or federal law, the data is private.
2.8    (c) To the extent that government data is disseminated to a government entity by
2.9another government entity, the data disseminated shall have the same classification in the
2.10hands of the entity receiving it as it had in the hands of the entity providing it.
2.11    (d) If a government entity disseminates data to another government entity, a
2.12classification provided for by law in the hands of the entity receiving the data does not
2.13affect the classification of the data in the hands of the entity that disseminates the data.
2.14    (e) To the extent that judicial branch data is disseminated to government entities
2.15by the judicial branch, the data disseminated shall have the same level of accessibility
2.16in the hands of the agency receiving it as it had in the hands of the judicial branch entity
2.17providing it.

2.18    Sec. 4. Minnesota Statutes 2006, section 13.04, subdivision 3, is amended to read:
2.19    Subd. 3. Access to data by individual. Upon request to a responsible authority
2.20or designee, an individual shall be informed whether the individual is the subject of
2.21stored data on individuals, and whether it is classified as public, private or confidential.
2.22Upon further request, an individual who is the subject of stored private or public data on
2.23individuals shall be shown the data without any charge and, if desired, shall be informed
2.24of the content and meaning of that data. After an individual has been shown the private
2.25data and informed of its meaning, the data need not be disclosed to that individual for
2.26six months thereafter unless a dispute or action pursuant to this section is pending or
2.27additional data on the individual has been collected or created. The responsible authority
2.28or designee shall provide copies of the private or public data upon request by the individual
2.29subject of the data. The responsible authority or designee may require the requesting
2.30person to pay the actual costs of making, and certifying, and compiling the copies.
2.31    The responsible authority or designee shall comply immediately, if possible, with
2.32any request made pursuant to this subdivision, or within ten days of the date of the request,
2.33excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible.

2.34    Sec. 5. Minnesota Statutes 2006, section 13.04, subdivision 4, is amended to read:
2.35    Subd. 4. Procedure when data is not accurate or complete. (a) An individual
2.36subject of the data may contest the accuracy or completeness of public or private data.
3.1To exercise this right, an individual shall notify in writing the responsible authority
3.2describing the nature of the disagreement. The responsible authority shall within 30 days
3.3either: (1) correct the data found to be inaccurate or incomplete and attempt to notify past
3.4recipients of inaccurate or incomplete data, including recipients named by the individual;
3.5or (2) notify the individual that the authority believes the data to be correct. Data in
3.6dispute shall be disclosed only if the individual's statement of disagreement is included
3.7with the disclosed data.
3.8    The determination of the responsible authority may be appealed pursuant to the
3.9provisions of the Administrative Procedure Act relating to contested cases. Upon receipt
3.10of an appeal by an individual, the commissioner shall, before issuing the order and notice
3.11of a contested case hearing required by chapter 14, try to resolve the dispute through
3.12education, conference, conciliation, or persuasion. If the parties consent, the commissioner
3.13may refer the matter to mediation. Following these efforts, the commissioner shall dismiss
3.14the appeal or issue the order and notice of hearing.
3.15    (b) Data on individuals that have been successfully challenged by an individual must
3.16be completed, corrected, or destroyed by a state agency, political subdivision, or statewide
3.17system government entity without regard to the requirements of section 138.17.
3.18    After completing, correcting, or destroying successfully challenged data, a
3.19government entity may retain a copy of the commissioner of administration's order issued
3.20under chapter 14 or, if no order were issued, a summary of the dispute between the parties
3.21that does not contain any particulars of the successfully challenged data.

3.22    Sec. 6. Minnesota Statutes 2006, section 13.05, subdivision 10, is amended to read:
3.23    Subd. 10. International dissemination. No state agency or political subdivision
3.24government entity shall transfer or disseminate any private or confidential data on
3.25individuals to the private international organization known as Interpol, except through the
3.26Interpol-United States National Central Bureau, United States Department of Justice.

3.27    Sec. 7. Minnesota Statutes 2006, section 13.072, subdivision 1, is amended to read:
3.28    Subdivision 1. Opinion; when required. (a) Upon request of a government entity,
3.29the commissioner may give a written opinion on any question relating to public access
3.30to government data, rights of subjects of data, or classification of data under this chapter
3.31or other Minnesota statutes governing government data practices. Upon request of any
3.32person who disagrees with a determination regarding data practices made by a government
3.33entity, the commissioner may give a written opinion regarding the person's rights as a
3.34subject of government data or right to have access to government data.
3.35    (b) Upon request of a body subject to chapter 13D, the commissioner may give a
3.36written opinion on any question relating to the body's duties under chapter 13D. Upon
4.1request of a person who disagrees with the manner in which members of a governing body
4.2perform their duties under chapter 13D, the commissioner may give a written opinion
4.3on compliance with chapter 13D. A governing body or person requesting an opinion
4.4under this paragraph must pay the commissioner a fee of $200. Money received by the
4.5commissioner under this paragraph is appropriated to the commissioner for the purposes
4.6of this section.
4.7    (c) If the commissioner determines that no opinion will be issued, the commissioner
4.8shall give the government entity or body subject to chapter 13D or person requesting
4.9the opinion notice of the decision not to issue the opinion within five business days of
4.10receipt of the request. If this notice is not given, the commissioner shall issue an opinion
4.11within 20 days of receipt of the request.
4.12    (d) For good cause and upon written notice to the person requesting the opinion,
4.13the commissioner may extend this deadline for one additional 30-day period. The notice
4.14must state the reason for extending the deadline. The government entity or the members
4.15of a body subject to chapter 13D must be provided a reasonable opportunity to explain the
4.16reasons for its decision regarding the data or how they perform their duties under chapter
4.1713D. The commissioner or the government entity or body subject to chapter 13D may
4.18choose to give notice to the subject of the data concerning the dispute regarding the data
4.19or compliance with chapter 13D.
4.20    (e) This section does not apply to a determination made by the commissioner of
4.21health under section 13.3805, subdivision 1, paragraph (b), or 144.6581.
4.22    (f) A written, numbered and published opinion issued by the attorney general shall
4.23take precedence over an opinion issued by the commissioner under this section.

4.24    Sec. 8. Minnesota Statutes 2006, section 13.08, subdivision 4, is amended to read:
4.25    Subd. 4. Action to compel compliance. (a) In addition to the remedies provided in
4.26subdivisions 1 to 3 or any other law, any aggrieved person seeking to enforce the person's
4.27rights under this chapter or obtain access to data may bring an action in district court to
4.28compel compliance with this chapter and may recover costs and disbursements, including
4.29reasonable attorney's fees, as determined by the court. If the court determines that an
4.30action brought under this subdivision is frivolous and without merit and a basis in fact, it
4.31may award reasonable costs and attorney fees to the responsible authority. If the court
4.32issues an order to compel compliance under this subdivision, the court may impose a civil
4.33penalty of up to $300 against the government entity. This penalty is payable to the state
4.34general fund and is in addition to damages under subdivision 1. The matter shall be heard
4.35as soon as possible. In an action involving a request for government data under section
4.3613.03 or 13.04, the court may inspect in camera the government data in dispute, but shall
5.1conduct its hearing in public and in a manner that protects the security of data classified as
5.2not public. If the court issues an order to compel compliance under this subdivision, the
5.3court shall forward a copy of the order to the commissioner of administration.
5.4    (b) In determining whether to assess a civil penalty under this subdivision, the court
5.5shall consider whether the government entity has substantially complied with general
5.6data practices under this chapter, including but not limited to, whether the government
5.7entity has:
5.8    (1) designated a responsible authority under section 13.02, subdivision 16;
5.9    (2) designated a data practices compliance official under section 13.05, subdivision
5.1013 ;
5.11    (3) prepared the public document that names the responsible authority and describes
5.12the records and data on individuals that are maintained by the government entity under
5.13section 13.05, subdivision 1;
5.14    (4) developed public access procedures under section 13.03, subdivision 2;
5.15procedures to guarantee the rights of data subjects under section 13.05, subdivision 8; and
5.16procedures to ensure that data on individuals are accurate and complete and to safeguard
5.17the data's security under section 13.05, subdivision 5;
5.18    (5) sought an oral, written, or electronic opinion from the commissioner of
5.19administration related to the matter at issue and acted in conformity with that opinion or
5.20acted in conformity with an opinion issued under section 13.072 that was sought by a
5.21government entity or another person; or
5.22    (6) provided ongoing training to government entity personnel who respond to
5.23requests under this chapter.
5.24    (c) The court shall award reasonable attorney fees to a prevailing plaintiff who has
5.25brought an action under this subdivision if the government entity that is the defendant in
5.26the action was also the subject of a written opinion issued under section 13.072 and the
5.27court finds that the opinion is directly related to the cause of action being litigated and that
5.28the government entity did not act in conformity with the opinion.

5.29    Sec. 9. Minnesota Statutes 2006, section 13.202, subdivision 11, is amended to read:
5.30    Subd. 11. Metropolitan government. (a) Labor relations information. Certain
5.31labor relations data relating to the negotiation of collective bargaining contracts by the
5.32Metropolitan Council are classified under section 473.1291.
5.33    (a) (b) Affirmative action plans. Treatment of data relating to metropolitan agency
5.34affirmative action plans is governed by section 473.143, subdivisions 5 and 7.
6.1    (b) (c) Contracts for management services. Data relating to compensation of
6.2personnel who work under a management service contract are classified by section
6.3473.405, subdivision 12 .
6.4    (c) (d) Arena acquisition. Certain data in connection with a decision whether to
6.5acquire a sports arena are classified under section 473.598, subdivision 4.
6.6    (d) (e) Airports commission. Certain airline data submitted to the Metropolitan
6.7Airports Commission in connection with the issuance of revenue bonds are classified
6.8under section 473.6671, subdivision 3.
6.9    (e) (f) Solid waste landfill fee. Information obtained from the operator of a mixed
6.10municipal solid waste disposal facility under section 473.843 is classified under section
6.11473.843, subdivision 4 .

6.12    Sec. 10. Minnesota Statutes 2006, section 13.32, subdivision 5, is amended to read:
6.13    Subd. 5. Directory information. Information designated as directory information
6.14pursuant to the provisions of United States Code, title 20, section 1232g and Code of
6.15Federal Regulations, title 34, section 99.37 which are in effect on July 1, 1993, is public
6.16data on individuals. When conducting the directory information designation and notice
6.17process required by federal law, an educational agency or institution shall give parents and
6.18students notice of the right to refuse to let the agency or institution designate any or all
6.19data about the student as directory information. This notice may be given by any means
6.20reasonably likely to inform the parents and students of the right.

6.21    Sec. 11. Minnesota Statutes 2006, section 13.35, is amended to read:
6.2213.35 FEDERAL CONTRACTS DATA.
6.23    To the extent that a federal agency requires it as a condition for contracting with
6.24a state agency or political subdivision government entity, all government data collected
6.25and maintained by the state agency or political subdivision government entity because
6.26that agency contracts with the federal agency are classified as either private or nonpublic
6.27depending on whether the data are data on individuals or data not on individuals.

6.28    Sec. 12. Minnesota Statutes 2006, section 13.355, subdivision 1, is amended to read:
6.29    Subdivision 1. General. The Social Security numbers of individuals collected or
6.30maintained by a state agency, statewide system, or political subdivision government entity
6.31are private data on individuals, except to the extent that access to the Social Security
6.32number is specifically authorized by law.

6.33    Sec. 13. Minnesota Statutes 2006, section 13.384, subdivision 1, is amended to read:
6.34    Subdivision 1. Definition. As used in this section:
7.1    (a) "Directory information" means name of the patient, date admitted, and general
7.2condition.
7.3    (b) "Medical data" means data collected because an individual was or is a patient
7.4or client of a hospital, nursing home, medical center, clinic, health or nursing agency
7.5operated by a state agency or political subdivision government entity including business
7.6and financial records, data provided by private health care facilities, and data provided by
7.7or about relatives of the individual.

7.8    Sec. 14. Minnesota Statutes 2006, section 13.384, subdivision 2, is amended to read:
7.9    Subd. 2. Public hospitals; directory information. (a) During the time that a person
7.10is a patient in a hospital operated by a state agency or political subdivision government
7.11entity under legal commitment, directory information is public data. After the person is
7.12released by termination of the person's legal commitment, the directory information is
7.13private data on individuals.
7.14    (b) If a person is a patient other than pursuant to commitment in a hospital controlled
7.15by a state agency or political subdivision government entity, directory information is public
7.16data unless the patient requests otherwise, in which case it is private data on individuals.
7.17    (c) Directory information about an emergency patient who is unable to communicate
7.18which is public under this subdivision shall not be released until a reasonable effort is made
7.19to notify the next of kin. Although an individual has requested that directory information
7.20be private, the hospital may release directory information to a law enforcement agency
7.21pursuant to a lawful investigation pertaining to that individual.

7.22    Sec. 15. Minnesota Statutes 2006, section 13.39, subdivision 1, is amended to read:
7.23    Subdivision 1. Definitions. A "pending civil legal action" includes but is not
7.24limited to judicial, administrative or arbitration proceedings. Whether a civil legal action
7.25is pending shall be determined by the chief attorney acting for the state agency, political
7.26subdivision or statewide system government entity.

7.27    Sec. 16. Minnesota Statutes 2006, section 13.39, subdivision 2, is amended to read:
7.28    Subd. 2. Civil actions. (a) Except as provided in paragraph (b), data collected
7.29by state agencies, political subdivisions, or statewide systems as part of an active
7.30investigation undertaken for the purpose of the commencement or defense of a pending
7.31civil legal action, or which are retained in anticipation of a pending civil legal action, are
7.32classified as protected nonpublic data pursuant to section 13.02, subdivision 13, in the
7.33case of data not on individuals and confidential pursuant to section 13.02, subdivision
7.343 , in the case of data on individuals. Any agency, political subdivision, or statewide
7.35system may make any data classified as confidential or protected nonpublic pursuant to
8.1this subdivision accessible to any person, agency or the public if the agency, political
8.2subdivision, or statewide system determines that the access will aid the law enforcement
8.3process, promote public health or safety or dispel widespread rumor or unrest.
8.4    (b) A complainant has access to a statement provided by the complainant to a state
8.5agency, statewide system, or political subdivision government entity under paragraph (a).

8.6    Sec. 17. Minnesota Statutes 2006, section 13.39, subdivision 2a, is amended to read:
8.7    Subd. 2a. Disclosure of data. During the time when a civil legal action is
8.8determined to be pending under subdivision 1, any person may bring an action in the
8.9district court in the county where the data is maintained to obtain disclosure of data
8.10classified as confidential or protected nonpublic under subdivision 2. The court may order
8.11that all or part of the data be released to the public or to the person bringing the action.
8.12In making the determination whether data shall be disclosed, the court shall consider
8.13whether the benefit to the person bringing the action or to the public outweighs any harm
8.14to the public, the agency entity, or any person identified in the data. The data in dispute
8.15shall be examined by the court in camera.

8.16    Sec. 18. Minnesota Statutes 2006, section 13.39, subdivision 3, is amended to read:
8.17    Subd. 3. Inactive investigative data. Inactive civil investigative data are public,
8.18unless the release of the data would jeopardize another pending civil legal action, and
8.19except for those portions of a civil investigative file that are classified as not public data by
8.20this chapter or other law. Any civil investigative data presented as evidence in court or
8.21made part of a court record shall be public. Civil investigative data become inactive upon
8.22the occurrence of any of the following events:
8.23    (1) a decision by the state agency, political subdivision, or statewide system
8.24government entity or by the chief attorney acting for the state agency, political subdivision,
8.25or statewide system government entity not to pursue the civil action;
8.26    (2) expiration of the time to file a complaint under the statute of limitations or
8.27agreement applicable to the civil action; or
8.28    (3) exhaustion of or expiration of rights of appeal by either party to the civil action.
8.29    Data determined to be inactive under clause (1) may become active if the state
8.30agency, political subdivision, statewide system government entity, or its attorney decides
8.31to renew the civil action.

8.32    Sec. 19. Minnesota Statutes 2006, section 13.392, subdivision 1, is amended to read:
8.33    Subdivision 1. Confidential data or protected nonpublic data. Data, notes, and
8.34preliminary drafts of reports created, collected, and maintained by the internal audit offices
8.35of state agencies and political subdivisions government entities, or persons performing
9.1audits for state agencies and political subdivisions government entities, and relating to
9.2an audit or investigation are confidential data on individuals or protected nonpublic data
9.3until the final report has been published or the audit or investigation is no longer being
9.4pursued actively, except that the data shall be disclosed as required to comply with section
9.56.67 or 609.456. This section does not limit in any way:
9.6    (1) the state auditor's access to government data of political subdivisions or
9.7data, notes, or preliminary drafts of reports of persons performing audits for political
9.8subdivisions; or
9.9    (2) the public or a data subject's access to data classified by section 13.43.

9.10    Sec. 20. Minnesota Statutes 2006, section 13.393, is amended to read:
9.1113.393 ATTORNEYS.
9.12    Notwithstanding the provisions of this chapter and section 15.17, the use, collection,
9.13storage, and dissemination of data by an attorney acting in a professional capacity for the
9.14state, a state agency or a political subdivision a government entity shall be governed by
9.15statutes, rules, and professional standards concerning discovery, production of documents,
9.16introduction of evidence, and professional responsibility; provided that this section shall
9.17not be construed to affect the applicability of any statute, other than this chapter and section
9.1815.17 , which specifically requires or prohibits disclosure of specific information by the
9.19attorney, nor shall this section be construed to relieve any responsible authority, other than
9.20the attorney, from duties and responsibilities pursuant to this chapter and section 15.17.

9.21    Sec. 21. Minnesota Statutes 2006, section 13.40, subdivision 1, is amended to read:
9.22    Subdivision 1. Records subject to this chapter. (a) For purposes of this section,
9.23"historical records repository" means an archives or manuscript repository operated by
9.24any state agency, statewide system, or political subdivision a government entity whose
9.25purpose is to collect and maintain data to further the history of a geographic or subject
9.26area. The term does not include the state archives as defined in section 138.17, subdivision
9.271 , clause (5).
9.28    (b) Data collected, maintained, used, or disseminated by a library or historical
9.29records repository operated by any state agency, political subdivision, or statewide system
9.30a government entity shall be administered in accordance with the provisions of this chapter.

9.31    Sec. 22. Minnesota Statutes 2006, section 13.40, subdivision 3, is amended to read:
9.32    Subd. 3. Nongovernmental data. Data held in the custody of a historical records
9.33repository that were not originally created, received, maintained, or disseminated by
9.34a state agency, statewide system, or political subdivision government entity are not
9.35government data. These data are accessible to the public unless:
10.1    (1) the data are contributed by private persons under an agreement that restricts
10.2access, to the extent of any lawful limitation; or
10.3    (2) access would significantly endanger the physical or organizational integrity of
10.4the data.

10.5    Sec. 23. Minnesota Statutes 2006, section 13.41, subdivision 3, is amended to read:
10.6    Subd. 3. Board of Peace Officer Standards and Training. The following
10.7government data of the Board of Peace Officer Standards and Training are private data:
10.8    (1) home addresses of licensees and applicants for licenses; and
10.9    (2) data that identify the state agency, statewide system, or political subdivision
10.10government entity that employs a licensed peace officer.
10.11    The board may disseminate private data on applicants and licensees as is necessary
10.12to administer law enforcement licensure or to provide data under section 626.845,
10.13subdivision 1 , to law enforcement agencies who are conducting employment background
10.14investigations.

10.15    Sec. 24. Minnesota Statutes 2006, section 13.43, subdivision 2, is amended to read:
10.16    Subd. 2. Public data. (a) Except for employees described in subdivision 5 and
10.17subject to the limitations described in subdivision 5a, the following personnel data on
10.18current and former employees, volunteers, and independent contractors of a government
10.19entity is public:
10.20    (1) name; employee identification number, which must not be the employee's Social
10.21Security number; actual gross salary; salary range; contract fees; actual gross pension; the
10.22value and nature of employer paid fringe benefits; and the basis for and the amount of any
10.23added remuneration, including expense reimbursement, in addition to salary;
10.24    (2) job title and bargaining unit; job description; education and training background;
10.25and previous work experience;
10.26    (3) date of first and last employment;
10.27    (4) the existence and status of any complaints or charges against the employee,
10.28regardless of whether the complaint or charge resulted in a disciplinary action;
10.29    (5) the final disposition of any disciplinary action together with the specific reasons
10.30for the action and data documenting the basis of the action, excluding data that would
10.31identify confidential sources who are employees of the public body;
10.32    (6) the terms of any agreement settling any dispute arising out of an employment
10.33relationship, including a buyout agreement as defined in section 123B.143, subdivision 2,
10.34paragraph (a); except that the agreement must include specific reasons for the agreement if
10.35it involves the payment of more than $10,000 of public money;
11.1    (7) work location; a work telephone number; badge number; and honors and awards
11.2received; and
11.3    (8) payroll time sheets or other comparable data that are only used to account for
11.4employee's work time for payroll purposes, except to the extent that release of time sheet
11.5data would reveal the employee's reasons for the use of sick or other medical leave
11.6or other not public data.
11.7    (b) For purposes of this subdivision, a final disposition occurs when the state agency,
11.8statewide system, or political subdivision government entity makes its final decision about
11.9the disciplinary action, regardless of the possibility of any later proceedings or court
11.10proceedings. In the case of arbitration proceedings arising under collective bargaining
11.11agreements, a final disposition occurs at the conclusion of the arbitration proceedings,
11.12or upon the failure of the employee to elect arbitration within the time provided by the
11.13collective bargaining agreement. Final disposition includes a resignation by an individual
11.14when the resignation occurs after the final decision of the state agency, statewide system,
11.15political subdivision government entity, or arbitrator.
11.16    (c) The state agency, statewide system, or political subdivision government entity
11.17may display a photograph of a current or former employee to a prospective witness as
11.18part of the state agency's, statewide system's, or political subdivision's government entity's
11.19investigation of any complaint or charge against the employee.
11.20    (d) A complainant has access to a statement provided by the complainant to a state
11.21agency, statewide system, or political subdivision government entity in connection with a
11.22complaint or charge against an employee.
11.23    (e) Notwithstanding paragraph (a), clause (5), upon completion of an investigation
11.24of a complaint or charge against a public official, or if a public official resigns or is
11.25terminated from employment while the complaint or charge is pending, all data relating to
11.26the complaint or charge are public, unless access to the data would jeopardize an active
11.27investigation or reveal confidential sources. For purposes of this paragraph, "public
11.28official" means:
11.29    (1) the head of a state agency and deputy and assistant state agency heads;
11.30    (2) members of boards or commissions required by law to be appointed by the
11.31governor or other elective officers; and
11.32    (3) executive or administrative heads of departments, bureaus, divisions, or
11.33institutions within state government.

11.34    Sec. 25. Minnesota Statutes 2006, section 13.43, subdivision 5, is amended to read:
11.35    Subd. 5. Undercover law enforcement officer. All personnel data maintained by
11.36any state agency, statewide system or political subdivision a government entity relating
12.1to an individual employed as or an applicant for employment as an undercover law
12.2enforcement officer are private data on individuals. When the individual is no longer
12.3assigned to an undercover position, the data described in subdivisions 2 and 3 become
12.4public unless the law enforcement agency determines that revealing the data would
12.5threaten the personal safety of the officer or jeopardize an active investigation.

12.6    Sec. 26. Minnesota Statutes 2006, section 13.43, subdivision 7, is amended to read:
12.7    Subd. 7. Employee assistance data. All data created, collected or maintained by
12.8any state agency or political subdivision a government entity to administer employee
12.9assistance programs similar to the one authorized by section 43A.319 are classified as
12.10private, pursuant to section 13.02, subdivision 12. This section shall not be interpreted to
12.11authorize the establishment of employee assistance programs.

12.12    Sec. 27. Minnesota Statutes 2006, section 13.43, subdivision 9, is amended to read:
12.13    Subd. 9. Peer counseling debriefing data. (a) Data acquired by a peer group
12.14member in a public safety peer counseling debriefing is private data on the person being
12.15debriefed.
12.16    (b) For purposes of this subdivision, "public safety peer counseling debriefing" means
12.17a group process oriented debriefing session held for peace officers, firefighters, medical
12.18emergency persons, dispatchers, or other persons involved with public safety emergency
12.19services, that is established by any agency entity providing public safety emergency
12.20services and is designed to help a person who has suffered an occupation-related traumatic
12.21event begin the process of healing and effectively dealing with posttraumatic stress.

12.22    Sec. 28. Minnesota Statutes 2006, section 13.43, subdivision 10, is amended to read:
12.23    Subd. 10. Prohibition on agreements limiting disclosure or discussion of
12.24personnel data. (a) A state agency, statewide system, or political subdivision government
12.25entity may not enter into an agreement settling a dispute arising out of the employment
12.26relationship with the purpose or effect of limiting access to or disclosure of personnel
12.27data or limiting the discussion of information or opinions related to personnel data.
12.28An agreement or portion of an agreement that violates this paragraph is void and
12.29unenforceable.
12.30    (b) Paragraph (a) applies to the following, but only to the extent that the data or
12.31information could otherwise be made accessible to the public:
12.32    (1) an agreement not to discuss, publicize, or comment on personnel data or
12.33information;
12.34    (2) an agreement that limits the ability of the subject of personnel data to release or
12.35consent to the release of data; or
13.1    (3) any other provision of an agreement that has the effect of limiting the disclosure
13.2or discussion of information that could otherwise be made accessible to the public, except
13.3a provision that limits the ability of an employee to release or discuss private data that
13.4identifies other employees.
13.5    (c) Paragraph (a) also applies to a court order that contains terms or conditions
13.6prohibited by paragraph (a).

13.7    Sec. 29. Minnesota Statutes 2006, section 13.43, subdivision 11, is amended to read:
13.8    Subd. 11. Protection of employee or others. (a) If the responsible authority
13.9or designee of a state agency, statewide system, or political subdivision government
13.10entity reasonably determines that the release of personnel data is necessary to protect an
13.11employee from harm to self or to protect another person who may be harmed by the
13.12employee, data that are relevant to the concerns for safety may be released as provided
13.13in this subdivision.
13.14    (b) The data may be released:
13.15    (1) to the person who may be harmed and to an attorney representing the person
13.16when the data are relevant to obtaining a restraining order;
13.17    (2) to a prepetition screening team conducting an investigation of the employee
13.18under section 253B.07, subdivision 1; or
13.19    (3) to a court, law enforcement agency, or prosecuting authority.
13.20    (c) Section 13.03, subdivision 4, paragraph (c), applies to data released under this
13.21subdivision, except to the extent that the data have a more restrictive classification in the
13.22possession of the agency or authority that receives the data. If the person who may be
13.23harmed or the person's attorney receives data under this subdivision, the data may be used
13.24or released further only to the extent necessary to protect the person from harm.

13.25    Sec. 30. Minnesota Statutes 2006, section 13.435, is amended to read:
13.2613.435 SALARY BENEFIT SURVEY DATA.
13.27    Salary and personnel benefit survey data purchased from consulting firms, nonprofit
13.28corporations or associations or obtained from employers with the written understanding
13.29that the data shall not be made public which is maintained by state agencies, political
13.30subdivisions or statewide systems government entities are classified as nonpublic pursuant
13.31to section 13.02, subdivision 9.

13.32    Sec. 31. Minnesota Statutes 2006, section 13.44, subdivision 1, is amended to read:
13.33    Subdivision 1. Real property; complaint data. The identities of individuals who
13.34register complaints with state agencies or political subdivisions government entities
14.1concerning violations of state laws or local ordinances concerning the use of real property
14.2are classified as confidential data, pursuant to section 13.02, subdivision 3.

14.3    Sec. 32. Minnesota Statutes 2006, section 13.44, subdivision 2, is amended to read:
14.4    Subd. 2. Real property; building code violations. Code violation records
14.5pertaining to a particular parcel of real property and the buildings, improvements, and
14.6dwelling units located on it that are kept by any state, county, or city agency charged
14.7by the governing body of the appropriate political subdivision government entity with
14.8the responsibility for enforcing a state, county, or city health, housing, building, fire
14.9prevention, or housing maintenance code are public data; except as otherwise provided by
14.10section 13.39, subdivision 2; 13.44; or 13.82, subdivision 7.

14.11    Sec. 33. Minnesota Statutes 2006, section 13.44, subdivision 3, is amended to read:
14.12    Subd. 3. Real property; appraisal data. (a) Confidential or protected nonpublic
14.13data. Estimated or appraised values of individual parcels of real property that are made by
14.14personnel of the state or a political subdivision a government entity or by independent
14.15appraisers acting for the state or a political subdivision a government entity for the
14.16purpose of selling or acquiring land through purchase or condemnation are classified as
14.17confidential data on individuals or protected nonpublic data.
14.18    (b) Private or nonpublic data. Appraised values of individual parcels of real
14.19property that are made by appraisers working for fee owners or contract purchasers who
14.20have received an offer to purchase their property from the state or a political subdivision
14.21a government entity are classified as private data on individuals or nonpublic data.
14.22    (c) Public data. The data made confidential or protected nonpublic under paragraph
14.23(a) or made private or nonpublic under paragraph (b) become public upon the occurrence
14.24of any of the following:
14.25    (1) the data are submitted to a court-appointed condemnation commissioner;
14.26    (2) the data are presented in court in condemnation proceedings; or
14.27    (3) the negotiating parties enter into an agreement for the purchase and sale of the
14.28property.

14.29    Sec. 34. Minnesota Statutes 2006, section 13.462, subdivision 1, is amended to read:
14.30    Subdivision 1. Definition. As used in this section, "benefit data" means data on
14.31individuals collected or created because an individual seeks information about becoming,
14.32is, or was an applicant for or a recipient of benefits or services provided under various
14.33housing, home ownership, rehabilitation and community action agency, Head Start,
14.34and food assistance programs administered by state agencies, political subdivisions, or
15.1statewide systems government entities. Benefit data does not include welfare data which
15.2shall be administered in accordance with section 13.46.

15.3    Sec. 35. Minnesota Statutes 2006, section 13.462, subdivision 2, is amended to read:
15.4    Subd. 2. Public data. The names and addresses of applicants for and recipients of
15.5benefits, aid, or assistance through programs administered by any political subdivision,
15.6state agency, or statewide system a government entity that are intended to assist with the
15.7purchase, rehabilitation, or other purposes related to housing or other real property are
15.8classified as public data on individuals. If an applicant or recipient is a corporation, the
15.9names and addresses of the officers of the corporation are public data on individuals. If
15.10an applicant or recipient is a partnership, the names and addresses of the partners are
15.11public data on individuals. The amount or value of benefits, aid, or assistance received
15.12is public data.

15.13    Sec. 36. Minnesota Statutes 2006, section 13.462, subdivision 3, is amended to read:
15.14    Subd. 3. Private data. Unless otherwise provided by law, all other benefit data are
15.15private data on individuals, and shall not be disclosed except pursuant to court order or to
15.16an agent of the state agency, political subdivision, or statewide system government entity,
15.17including appropriate law enforcement personnel, who are acting in an investigation or
15.18prosecution of a criminal or civil proceeding relating to the administration of a program
15.19described in subdivision 1.

15.20    Sec. 37. Minnesota Statutes 2006, section 13.48, is amended to read:
15.2113.48 AWARD DATA.
15.22    Financial data on business entities submitted to a state agency, statewide system, or
15.23political subdivision government entity for the purpose of presenting awards to business
15.24entities for achievements in business development or performance are private data on
15.25individuals or nonpublic data.

15.26    Sec. 38. Minnesota Statutes 2006, section 13.552, subdivision 3, is amended to read:
15.27    Subd. 3. Data provided under subpoena. Data supplied by a state agency,
15.28statewide system, or political subdivision government entity pursuant to a subpoena issued
15.29by the commissioner of human rights is governed by section 363A.06, subdivision 2.

15.30    Sec. 39. Minnesota Statutes 2006, section 13.591, subdivision 4, is amended to read:
15.31    Subd. 4. Classification of evaluative data; data sharing. (a) Data created or
15.32maintained by a government entity as part of the selection or evaluation process referred
15.33to in this section are protected nonpublic data until completion of the selection process or
15.34completion of the evaluation process at which time the data are public with the exception
15.35of trade secret data as defined and classified in section 13.37.
16.1    (b) If a state agency government entity asks employees of other state agencies
16.2government entities to assist with the selection of the responses to a request for bid or the
16.3evaluation of responses to a request for proposal, the state agency government entity may
16.4share not public data in the responses with those employees. The employees participating
16.5in the selection or evaluation may not further disseminate the not public data they review.

16.6    Sec. 40. Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision
16.7to read:
16.8    Subd. 14. Market research data; classification. (a) Names, home addresses
16.9except for zip codes, home e-mail addresses, and home telephone numbers obtained
16.10for or received in response to a survey conducted by or on behalf of the Department of
16.11Transportation are classified as private data on individuals.
16.12    (b) Business names, business addresses except for zip codes, business e-mail
16.13addresses, and business telephone numbers obtained for or received in response to a
16.14survey conducted by or on behalf of the Department of Transportation are classified
16.15as nonpublic data.

16.16    Sec. 41. Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision
16.17to read:
16.18    Subd. 15. Overhead rate data. Financial statements and lists of stockholders
16.19provided to the commissioner of transportation by a consultant in order to establish its
16.20overhead rate, and the schedule of audit adjustments and the overhead rate schedule
16.21prepared by the Department of Transportation in order to establish the overhead rate for a
16.22consultant are classified as nonpublic data or private data on individuals. The overhead
16.23rate percentage is public data.

16.24    Sec. 42. Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision
16.25to read:
16.26    Subd. 16. Bid escrow data. Bid documentation held in escrow by the Department
16.27of Transportation is classified as nonpublic data. Any data on individuals in the bid
16.28documentation are classified as private data on individuals. "Bid documentation" means
16.29all writings, working papers, computer printout charts, and other data calculations used
16.30by a contractor to determine its bid in bidding for a contract. The bid documentation
16.31includes, but is not limited to, the contractor's costs for operating each piece of equipment
16.32owned by the contractor, the contractor's overhead costs and its calculated overhead rate,
16.33the contractor's pay rates for its employees, efficiency or productivity factors, arithmetic
16.34extensions, and the rates and quotations from subcontractors and material suppliers to
17.1the extent that the rates and quotations were used by the contractor in formulating and
17.2determining the amount of the bid.

17.3    Sec. 43. Minnesota Statutes 2006, section 13.7905, is amended to read:
17.413.7905 LABOR AND INDUSTRY DATA CODED ELSEWHERE.
17.5    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 6 7 are codified
17.6outside chapter 13. Those sections classify labor and industry data as other than public,
17.7place restrictions on access to government data, or involve data sharing.
17.8    Subd. 2. Department of Labor and Industry. (a) Workers' Compensation
17.9Division. Disclosure of proceedings of the Workers' Compensation Division is governed
17.10by section 175.10.
17.11    (b) Computer access to data. Computer access to and electronic data interchange of
17.12data maintained by the Department of Labor and Industry are governed by section 175.171.
17.13    (c) Reporters. Disclosure of the names of certain persons supplying information to
17.14the Department of Labor and Industry is prohibited by sections 175.24 and 175.27.
17.15    Subd. 3. Workers' compensation. (a) Loggers; payroll data. Data sharing of
17.16payroll data by the commissioner of labor and industry with a workers' compensation
17.17insurer or the Workers' Compensation Insurance Association, is governed by section
17.18176.130, subdivision 5 .
17.19    (b) Medical data. Access to medical data in connection with a workers'
17.20compensation claim is governed by section 176.138.
17.21    (c) Employment status. Data sharing, between the commissioner of labor and
17.22industry and other persons, regarding the employment status of individuals, is governed
17.23by section 176.181, subdivision 8.
17.24    (d) Identity of reporters. Access to the identity of anyone reporting that an
17.25employer may not have workers' compensation insurance is governed by section 176.184,
17.26subdivision 5 .
17.27    (e) Report of death or injury to labor and industry. Access to a report of worker
17.28injury or death during the course of employment filed by an employer under section
17.29176.231 is governed by sections 176.231, subdivisions 8 and 9, and 176.234.
17.30    Subd. 4. Employee organization; authorization signatures. Representation
17.31authorization signatures, contained in employee organization petitions or joint requests,
17.32are classified by section 179A.12, subdivision 6.
17.33    Subd. 5. Terms of employment. (a) Disclosure of lie detector tests. Disclosure of
17.34lie detector tests is governed by section 181.76.
18.1    (b) Identity of employees making complaints.The disclosure of the identity of
18.2employees making certain complaints is also governed by section 181.932, subdivision 2.
18.3    (c) Employee drug and alcohol test results.Test results and other information
18.4acquired in the drug and alcohol testing process, with respect to public sector employees
18.5and applicants, are classified by section 181.954, subdivision 2, and access to them is
18.6governed by section 181.954, subdivision 3.
18.7    (d) Apprenticeship investigation data. Data collected, created, or maintained as
18.8part of the director of the Division of Labor Standards and Apprenticeship's investigation
18.9and subsequent hearings under section 178.09, subdivision 1, are classified under section
18.10175.16, subdivision 3, paragraph (c).
18.11    (e) Wage and workers' compensation survey data. Data collected for wage and
18.12workers' compensation surveys submitted to the department pursuant to sections 177.41 to
18.13177.44 are classified under section 175.16, subdivision 3, paragraph (d).
18.14    (f) Payroll data. Payroll data on employees submitted to the department under
18.15chapters 177, 181, and 181A are classified under section 175.16, subdivision 3, paragraph
18.16(e).
18.17    (g) Complaint, investigation, and enforcement action data. The following data
18.18are classified under section 175.16, subdivision 3, paragraph (b):
18.19    (1) data that identifies an individual who has made a complaint with the department
18.20asserting facts that may constitute a violation of chapters 177 and 181A, or the provisions
18.21of chapter 181 that are under the department's jurisdiction to administer and enforce; and
18.22    (2) data that identifies an individual who has responded to a department request for
18.23information as part of a department investigation or enforcement action under chapter
18.24177, 181, or 181A.
18.25    (h) Data related to money owed employees. Data related to money owed to
18.26employees under section 177.27, subdivision 7, that may be released to the Department of
18.27Commerce for purposes of the Unclaimed Property Act is governed by section 175.16,
18.28subdivision 3, paragraph (h).
18.29    (i) Data related to safety and education programs for loggers. Data related to
18.30safety and education programs for loggers under section 176.130, subdivision 11, are
18.31governed by section 175.16, subdivision 3, paragraph (g).
18.32    (j) Use or disclosure of not public data by Department of Labor and Industry
18.33employees in other circumstances is governed by section 175.16, subdivision 3,
18.34paragraphs (f) and (i).
19.1    Subd. 6. Occupational safety and health. Certain data gathered or prepared by the
19.2commissioner of labor and industry as part of occupational safety and health inspections
19.3are classified under sections 182.659, subdivision 8, and 182.668, subdivision 2.
19.4    Subd. 7. Investigation and enforcement data. Data related to enforcement actions
19.5or investigations initiated by the department, the Medical Services Review Board or the
19.6rehabilitation review panel are governed by sections 175.16, subdivision 3, and 175.40.

19.7    Sec. 44. [13.7908] BUREAU OF MEDIATION SERVICES DATA.
19.8    Subdivision 1. Representation data. Authorization signatures or cards furnished in
19.9support of a petition filed or election conducted under sections 179.16, 179.18 to 179.25,
19.10and 179A.12, and ballots, prior to the time of tabulation, are classified as protected
19.11nonpublic data or confidential data on individuals.
19.12    Subd. 2. Mediation data. Data received or maintained by the staff or commissioner
19.13of the Bureau of Mediation Services during the course of providing mediation services to
19.14the parties to a labor dispute under chapter 179 are classified as protected nonpublic data
19.15or confidential data on individuals, except to the extent the commissioner of the Bureau of
19.16Mediation Services determines access to data is necessary to fulfill the requirements of
19.17section 179A.16 or to identify the general nature of or parties to a labor dispute.

19.18    Sec. 45. Minnesota Statutes 2006, section 13.861, subdivision 1, is amended to read:
19.19    Subdivision 1. Definitions. As used in this section:
19.20    (a) "Security service" means an organization that provides security services to a state
19.21agency or political subdivision government entity as a part of the governmental that entity
19.22or under contract to it. Security service does not include a law enforcement agency.
19.23    (b) "Security service data" means all data collected, created, or maintained by a
19.24security service for the purpose of providing security services.

19.25    Sec. 46. Minnesota Statutes 2006, section 13.87, subdivision 1, is amended to read:
19.26    Subdivision 1. Criminal history data. (a) Definition. For purposes of this
19.27subdivision, "criminal history data" means all data maintained in criminal history
19.28records compiled by the Bureau of Criminal Apprehension and disseminated through
19.29the criminal justice information system, including, but not limited to fingerprints,
19.30photographs, identification data, arrest data, prosecution data, criminal court data, custody
19.31and supervision data.
19.32    (b) Classification. Criminal history data maintained by agencies, political
19.33subdivisions and statewide systems are classified as private, pursuant to section 13.02,
19.34subdivision 12 , except that data created, collected, or maintained by the Bureau of
19.35Criminal Apprehension that identify an individual who was convicted of a crime, the
20.1offense of which the individual was convicted, associated court disposition and sentence
20.2information, controlling agency, and confinement information are public data for 15 years
20.3following the discharge of the sentence imposed for the offense. When an innocent party's
20.4name is associated with a criminal history, and a determination has been made through a
20.5fingerprint verification that the innocent party is not the subject of the criminal history, the
20.6name may be redacted from the public criminal history data. The name shall be retained in
20.7the criminal history and classified as private data.
20.8    The Bureau of Criminal Apprehension shall provide to the public at the central office
20.9of the bureau the ability to inspect in person, at no charge, through a computer monitor the
20.10criminal conviction data classified as public under this subdivision.
20.11    (c) Limitation. Nothing in paragraph (a) or (b) shall limit public access to data
20.12made public by section 13.82.

20.13    Sec. 47. Minnesota Statutes 2006, section 13.87, subdivision 2, is amended to read:
20.14    Subd. 2. Firearms data. All data pertaining to the purchase or transfer of firearms
20.15and applications for permits to carry firearms which are collected by state agencies,
20.16political subdivisions or statewide systems government entities pursuant to sections
20.17624.712 to 624.719 are classified as private, pursuant to section 13.02, subdivision 12.

20.18    Sec. 48. Minnesota Statutes 2006, section 13.87, is amended by adding a subdivision
20.19to read:
20.20    Subd. 5. Parole and probation authority access to records. Parole and county
20.21probation authorities may access data identified in subdivision 2 on an applicant or permit
20.22holder who is also a defendant, parolee, or probationer of a district court.

20.23    Sec. 49. [13.873] CRIMNET.
20.24    Subdivision 1. Definitions. For purposes of this section, "integrated search service"
20.25is a service operated by the Bureau of Criminal Apprehension which allows authorized
20.26users to search and view data that are stored on one or more databases maintained by
20.27criminal justice agencies, as defined in section 299C.46, subdivision 2.
20.28    Subd. 2. Requests by data subject. An individual may request that an ISS query to
20.29locate data about the individual be performed by state or local law enforcement agencies
20.30with ISS access. State and local law enforcement agencies with ISS access shall only
20.31provide:
20.32    (1) a list of the government entities that have provided public or private data about
20.33that individual through ISS; and
20.34    (2) data that describe what is maintained about the individual at each government
20.35entity on the list.
21.1    Subd. 3. Bureau responsibilities. The bureau must provide the following
21.2information at a public Internet site:
21.3    (1) a listing of all law enforcement agencies with ISS access; and
21.4    (2) information for individual data subjects on how to challenge the accuracy or
21.5completeness of data pursuant to section 13.04, subdivision 4.

21.6    Sec. 50. Minnesota Statutes 2006, section 84.0274, subdivision 5, is amended to read:
21.7    Subd. 5. Owner's rights. When the state proposes to purchase in fee or any lesser
21.8interest in land which will be administered by the commissioner of natural resources, the
21.9landowner shall have the following rights:
21.10    (a) The right to be informed of the specific intended use of the property and of any
21.11change in the intended use of the property which occurs during the acquisition process.
21.12The owner shall also be informed that the documents regarding the purchase will be public
21.13records if the land is purchased by the state;
21.14    (b) The right to be paid a fair price for the property. The price shall include the
21.15fair market value of the land plus:
21.16    (1) All necessary incidental costs such as abstracting and recording fees related
21.17to the sale. The costs of clearing title defects, paying taxes, and attorney's fees are not
21.18reimbursable; and
21.19    (2) Any penalties incurred by the owner where the property is security for a loan
21.20or advance of credit that contains a provision requiring or permitting the imposition of a
21.21penalty if the loan or advance of credit is prepaid;
21.22    (c) The right to payment, at the owner's election, in a lump sum or in up to four
21.23annual installments;
21.24    (d) The right to have the property fairly appraised by the state. The state's appraiser
21.25shall physically inspect the property and shall allow the owner along when the appraisal
21.26is made. The state's appraiser shall certify in the appraisal report to having physically
21.27inspected the property and having given the landowner an opportunity to go along on
21.28inspections. Notwithstanding section 13.44, subdivision 3, before an offer is made, the
21.29landowner shall be given a resume of the state's certified appraisal. The resume shall
21.30include the appraiser's conclusions as to value, acreage and type of land, value of buildings
21.31and other improvements, value of timber, special damages and any special elements of
21.32value informed of the value determined pursuant to section 84.0272;
21.33    (e) The right to retain a qualified independent appraiser to conduct an appraisal at any
21.34time prior to certification of the state's appraisal of the property and to be reimbursed for
21.35appraisal fees as provided in section 117.232, subdivision 1, if the land is sold to the state
21.36and to have that appraisal considered along with the state's in certifying the selling price;
22.1    (f) The right to have the state acquire the property by means of condemnation upon
22.2the owner's request with the agreement of the commissioner;
22.3    (g) The right to receive or waive relocation assistance, services, payments and
22.4benefits as provided in sections 117.52 and 117.521;
22.5    (h) The right to accept the state's offer for the property and contest the state's offer
22.6for relocation and moving expenses;
22.7    (i) The right to continue occupancy of the property until full payment is received,
22.8provided that when the owner elects to receive payment in annual installments pursuant to
22.9clause (c), the owner may retain occupancy until the first payment is made; and
22.10    (j) The right to seek the advice of counsel regarding any aspect of the land
22.11transaction.

22.12    Sec. 51. Minnesota Statutes 2006, section 122A.33, subdivision 3, is amended to read:
22.13    Subd. 3. Notice of nonrenewal; opportunity to respond. A school board that
22.14declines to renew the coaching contract of a licensed or nonlicensed head varsity coach
22.15must notify the coach within 14 days of that decision. If the coach requests reasons for
22.16not renewing the coaching contract, the board must give the coach its reasons in writing
22.17within ten days of receiving the request. Upon request, the board must provide the coach
22.18with a reasonable opportunity to respond to the reasons at a board meeting. The hearing
22.19may be opened or closed at the election of the coach unless the board closes the meeting
22.20under section 13D.05, subdivision 2, to discuss nonpublic private data.

22.21    Sec. 52. Minnesota Statutes 2006, section 175.10, is amended to read:
22.22175.10 SESSIONS TO BE PUBLIC HOURS OF OPERATION.
22.23    The Department of Labor and Industry shall be open for the transaction of business
22.24during all business hours of each and every day, excepting Saturdays, Sundays, and legal
22.25holidays. The hearings of the Workers' Compensation Division are open to the public and
22.26may be adjourned from time to time. All the proceedings of the division shall be shown
22.27on its records, which are public records.

22.28    Sec. 53. Minnesota Statutes 2006, section 175.11, is amended by adding a subdivision
22.29to read:
22.30    Subd. 3. Cost of copies. Notwithstanding any other law to the contrary, the cost
22.31for copies of workers' compensation data in the division file is 65 cents per page. Money
22.32collected under this subdivision is appropriated to the commissioner for payment of the
22.33costs related to providing copies of the data.

22.34    Sec. 54. Minnesota Statutes 2006, section 175.16, is amended by adding a subdivision
22.35to read:
23.1    Subd. 3. Use and classification of department data. (a) The terms used in this
23.2subdivision have the following meanings for purposes of this subdivision:
23.3    (1) "Commissioner" means the commissioner of the Department of Labor and
23.4Industry.
23.5    (2) "Department" means the Department of Labor and Industry, and includes the
23.6commissioner of labor and industry and persons employed by, or under contract with, the
23.7department to perform responsibilities under laws within the department's jurisdiction.
23.8    (3) "Enforcement action" means a proceeding initiated by the department, board,
23.9or panel that may result in a penalty, fine, or sanction for violation of laws within the
23.10jurisdiction of the department or may result in an order for compliance with laws within
23.11the department's jurisdiction.
23.12    (4) "Investigation" means an inspection, investigation, audit, review, inquiry,
23.13or examination to administer, enforce, and monitor compliance with laws within the
23.14department's jurisdiction.
23.15    (b) The following data collected and maintained by the department are classified as
23.16private data on individuals or nonpublic data:
23.17    (1) data that identifies an individual who has made a complaint with the department
23.18asserting facts that may constitute a violation of chapters 176, 177, and 181A, or the
23.19provisions of chapter 181 that are under the department's jurisdiction to administer and
23.20enforce; and
23.21    (2) data that identifies an individual who has responded to a department request for
23.22information as part of a department investigation or enforcement action under chapter
23.23176, 177, 181, or 181A.
23.24    Notwithstanding clauses (1) and (2), the identity of the individuals described in those
23.25clauses may be released to the extent permitted in chapter 176, including as permitted in
23.26section 176.231, subdivision 9, if the department maintains the data in an employee's
23.27workers' compensation division file.
23.28    (c) All data collected, created, received, or maintained by the department related to
23.29an investigation under section 178.09, subdivision 1, is confidential data on individuals
23.30or protected nonpublic data during the investigation. Once the initial determination has
23.31been filed with the commissioner, the data is private data on individuals or nonpublic.
23.32Nonpublic data may be disseminated to the hearing board if there is an appeal. The data
23.33that document the decision of the hearing board remain private or nonpublic until the
23.34commissioner issues a decision under section 178.09, subdivision 2. Upon issuance of
23.35the commissioner's decision, the hearing board's findings of fact, recommended decision,
24.1and memorandum and the commissioner's decision, findings of fact, and memorandum or
24.2reasons are public data.
24.3    (d) The following data collected and maintained by the department as part of a
24.4survey are classified as private data on individuals or nonpublic data:
24.5    (1) for surveys submitted pursuant to sections 177.41 to 177.44:
24.6    (i) the names of employees;
24.7    (ii) the names, addresses, and telephone numbers of employers;
24.8    (iii) the names, addresses, and telephone numbers of entities submitting the data; and
24.9    (iv) the names and signatures of persons signing the surveys on behalf of an entity;
24.10and
24.11    (2) for a department workers' compensation survey or research study, the identity of
24.12persons who respond to a request for written data by the department.
24.13    (e) The names, addresses, Social Security numbers, and telephone numbers of
24.14employees on payroll data submitted to the department under sections 177.21 to 177.35
24.15and chapters 181 and 181A are private data under section 13.02, subdivision 12.
24.16    (f) Persons employed by or under contract with the department may access, use, and
24.17disclose any not public data collected, created, received, or maintained by the department
24.18to the extent needed to assist them to perform responsibilities under laws within the
24.19department's jurisdiction, unless otherwise provided by federal law. The department may
24.20use and disclose the data in its administrative and civil proceedings.
24.21    (g) The following data collected from persons who attend safety and education
24.22programs or seminars for loggers established or approved by the commissioner under
24.23section 176.130, subdivision 11, are classified as public:
24.24    (1) the names of individuals attending the program or seminar;
24.25    (2) the name of each attendee's employer;
24.26    (3) the city where the employer is located;
24.27    (4) the date the program or seminar was held; and
24.28    (5) a description of the seminar or program.
24.29    (h) If the department is unable to locate an employee who is owed back wages or
24.30other money pursuant to section 177.27, subdivision 7, the department may provide the
24.31employee's Social Security number to the Department of Commerce for use under the
24.32Uniform Distribution of Unclaimed Property Act in chapter 345.
24.33    (i) The department may make any data that is classified as not public accessible to
24.34any person, any agency, or the public when the department determines that access will
24.35aid the law enforcement or investigative process, promote public health or safety, or
24.36dispel widespread rumor or unrest.

25.1    Sec. 55. Minnesota Statutes 2006, section 175.27, is amended to read:
25.2175.27 DISCLOSURE OF NAMES OF PERSONS GIVING INFORMATION;
25.3REFUSAL TO TESTIFY; DENYING ADMISSION; PENALTY.
25.4    Any employee of the Department of Labor and Industry who shall disclose the
25.5names of any persons supplying information at the request of such department shall be
25.6guilty of a misdemeanor. Any person who, having been duly subpoenaed, shall refuse
25.7to attend or testify in any hearing under the direction of the Department of Labor and
25.8Industry shall be guilty of a misdemeanor. Any owner or occupant of any place of
25.9employment who shall refuse to admit thereto any employee of the department seeking
25.10entrance in the discharge of the employee's duties, shall be guilty of a misdemeanor. Any
25.11person, firm, or corporation, or any of its officers or agents, who or which shall refuse to
25.12file with the department such reports as are required by it under the provisions of sections
25.13175.24 to 175.27 shall be guilty of a misdemeanor.

25.14    Sec. 56. Minnesota Statutes 2006, section 176.181, subdivision 8, is amended to read:
25.15    Subd. 8. Data sharing. (a) The Departments of Labor and Industry, Employment
25.16and Economic Development, Human Services, Agriculture, Transportation, and Revenue
25.17are authorized to share information regarding the employment status of individuals,
25.18including but not limited to Social Security numbers and payroll and withholding and
25.19income tax information, and may use that information for purposes consistent with
25.20this section and regarding the employment or employer status and federal employer
25.21identification numbers of individuals, partnerships, limited liability companies,
25.22corporations, or employers, including, but not limited to, general contractors, intermediate
25.23contractors, and subcontractors. The commissioner shall request data in writing or
25.24pursuant to a state agency agreement, and the responding department shall respond to the
25.25request by producing the requested data within 30 days.
25.26    (b) The commissioner is authorized to inspect and to order the production of all
25.27payroll and other business records and documents of any alleged employer in order to
25.28determine the employment status of persons and compliance with this section. If any
25.29person or employer refuses to comply with such an order, the commissioner may apply to
25.30the district court of the county where the person or employer is located or may apply to
25.31Ramsey County or the county where the nearest office of the Department of Labor and
25.32Industry is located, for an order compelling production of the documents.

25.33    Sec. 57. Minnesota Statutes 2006, section 176.186, is amended to read:
25.34176.186 RECORDS FROM OTHER STATE AGENCIES.
25.35    Notwithstanding any other state law to the contrary except chapter 270B,
25.36the commissioner may obtain from the Department of Employment and Economic
26.1Development, and Office of the Secretary of State, or any other state agency, upon
26.2request, names or lists of employers doing business in the state. This information shall
26.3be treated by the commissioner in the manner provided by chapter 13 and shall be used
26.4only for insurance verification by the commissioner and as permitted by section 175.16,
26.5subdivision 3.

26.6    Sec. 58. Minnesota Statutes 2006, section 176.391, subdivision 3, is amended to read:
26.7    Subd. 3. Reports. The report of a physician, surgeon, or other expert shall be filed
26.8with the commissioner and the compensation judge assigned to the matter if any. The
26.9report shall be made a part of the record of the case and be open to inspection as such.

26.10    Sec. 59. [473.1291] CLASSIFICATION OF CERTAIN LABOR RELATIONS
26.11DATA.
26.12    Notwithstanding section 13.37, the Metropolitan Council may classify all or any
26.13portion of a management or employee organization position or proposal on economic
26.14or noneconomic items that has been presented by either party during the collective
26.15bargaining process with the Amalgamated Transit Union, as the exclusive representative
26.16of a portion of the council's employees, as nonpublic data under section 13.02, subdivision
26.179. The collective bargaining process includes, without limitation, any mediation that
26.18occurs during the process. The Amalgamated Transit Union constitutes the subject of the
26.19data for the purposes of the definition of nonpublic data. The council may only make
26.20such a classification with the written concurrence of the union. The council may, at its
26.21sole discretion, withdraw the classification at any time and nothing in this section must
26.22be construed to limit or control release of the described data by the union. Any data
26.23classified as nonpublic under this section becomes public after the contract resulting from
26.24the collective bargaining process is executed by both parties.
26.25    This section applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
26.26Scott, and Washington.

26.27    Sec. 60. REPEALER.
26.28Minnesota Statutes 2006, sections 13.79, subdivision 2; and 175.24, are repealed.

26.29    Sec. 61. EFFECTIVE DATE.
26.30    Sections 9 and 59 are effective the day following final enactment and apply
26.31to positions or proposals presented before or after the effective date which have not
26.32previously been released to the public."
26.33Delete the title and insert:
27.1relating to government data practices; providing for parole and probation
27.2authorities to have access to certain records; modifying land owners' bill
27.3of rights; modifying data practices provisions in the Department of Labor
27.4and Industry; classifying certain transportation department data; classifying
27.5certain labor relations data related to the Metropolitan Council as nonpublic
27.6data; requiring state and local law enforcement agencies to provide certain
27.7information; clarifying duties and classifications; making technical changes;
27.8authorizing an innocent party's name associated with a criminal history to be
27.9redacted under certain circumstances;amending Minnesota Statutes 2006,
27.10sections 13.02, subdivisions 8, 11; 13.03, subdivision 4; 13.04, subdivisions 3,
27.114; 13.05, subdivision 10; 13.072, subdivision 1; 13.08, subdivision 4; 13.202,
27.12subdivision 11; 13.32, subdivision 5; 13.35; 13.355, subdivision 1; 13.384,
27.13subdivisions 1, 2; 13.39, subdivisions 1, 2, 2a, 3; 13.392, subdivision 1; 13.393;
27.1413.40, subdivisions 1, 3; 13.41, subdivision 3; 13.43, subdivisions 2, 5, 7, 9,
27.1510, 11; 13.435; 13.44, subdivisions 1, 2, 3; 13.462, subdivisions 1, 2, 3; 13.48;
27.1613.552, subdivision 3; 13.591, subdivision 4; 13.72, by adding subdivisions;
27.1713.7905; 13.861, subdivision 1; 13.87, subdivisions 1, 2, by adding a subdivision;
27.1884.0274, subdivision 5; 122A.33, subdivision 3; 175.10; 175.11, by adding a
27.19subdivision; 175.16, by adding a subdivision; 175.27; 176.181, subdivision 8;
27.20176.186; 176.391, subdivision 3; proposing coding for new law in Minnesota
27.21Statutes, chapters 13; 473; repealing Minnesota Statutes 2006, sections 13.79,
27.22subdivision 2; 175.24."