1.1    .................... moves to amend H. F. No. 1171 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 13.7905, is amended to read:
1.413.7905 LABOR AND INDUSTRY DATA CODED ELSEWHERE.
1.5    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 6 7 are codified
1.6outside chapter 13. Those sections classify labor and industry data as other than public,
1.7place restrictions on access to government data, or involve data sharing.
1.8    Subd. 2. Department of Labor and Industry. (a) Workers' Compensation
1.9Division. Disclosure of proceedings of the Workers' Compensation Division is governed
1.10by section 175.10.
1.11    (b) Computer access to data. Computer access to and electronic data interchange of
1.12data maintained by the Department of Labor and Industry are governed by section 175.171.
1.13    (c) Reporters. Disclosure of the names of certain persons supplying information to
1.14the Department of Labor and Industry is prohibited by sections 175.24 and 175.27.
1.15    Subd. 3. Workers' compensation. (a) Loggers; payroll data. Data sharing of
1.16payroll data by the commissioner of labor and industry with a workers' compensation
1.17insurer or the Workers' Compensation Insurance Association, is governed by section
1.18176.130, subdivision 5 .
1.19    (b) Medical data. Access to medical data in connection with a workers'
1.20compensation claim is governed by section 176.138.
1.21    (c) Employment status. Data sharing, between the commissioner of labor and
1.22industry and other persons, regarding the employment status of individuals, is governed
1.23by section 176.181, subdivision 8.
1.24    (d) Identity of reporters. Access to the identity of anyone reporting that an
1.25employer may not have workers' compensation insurance is governed by section 176.184,
1.26subdivision 5 .
2.1    (e) Report of death or injury to labor and industry. Access to a report of worker
2.2injury or death during the course of employment filed by an employer under section
2.3176.231 is governed by sections 176.231, subdivisions 8 and 9, and 176.234.
2.4    Subd. 4. Employee organization; authorization signatures. Representation
2.5authorization signatures, contained in employee organization petitions or joint requests,
2.6are classified by section 179A.12, subdivision 6.
2.7    Subd. 5. Terms of employment. (a) Disclosure of lie detector tests. Disclosure of
2.8lie detector tests is governed by section 181.76.
2.9    (b) Identity of employees making complaints.The disclosure of the identity of
2.10employees making certain complaints is also governed by section 181.932, subdivision 2.
2.11    (c) Employee drug and alcohol test results.Test results and other information
2.12acquired in the drug and alcohol testing process, with respect to public sector employees
2.13and applicants, are classified by section 181.954, subdivision 2, and access to them is
2.14governed by section 181.954, subdivision 3.
2.15    (d) Apprenticeship investigation data. Data collected, created, or maintained as
2.16part of the director of the Division of Labor Standards and Apprenticeship's investigation
2.17and subsequent hearings under section 178.09, subdivision 1, are classified under section
2.18175.16, subdivision 3, paragraph (c).
2.19    (e) Wage and workers' compensation survey data. Data collected for wage and
2.20workers' compensation surveys submitted to the department pursuant to sections 177.41 to
2.21177.44 are classified under section 175.16, subdivision 3, paragraph (d).
2.22    (f) Payroll data. Payroll data on employees submitted to the department under
2.23chapters 177, 181, and 181A are classified under section 175.16, subdivision 3, paragraph
2.24(e).
2.25    (g) Complaint, investigation, and enforcement action data. The following data
2.26are classified under section 175.16, subdivision 3, paragraph (b):
2.27    (1) data that identifies an individual who has made a complaint with the department
2.28asserting facts that may constitute a violation of chapters 177 and 181A, or the provisions
2.29of chapter 181 that are under the department's jurisdiction to administer and enforce; and
2.30    (2) data that identifies an individual who has responded to a department request for
2.31information as part of a department investigation or enforcement action under chapter
2.32177, 181, or 181A.
2.33    (h) Data related to money owed employees. Data related to money owed to
2.34employees under section 177.27, subdivision 7, that may be released to the Department of
2.35Commerce for purposes of the Unclaimed Property Act is governed by section 175.16,
2.36subdivision 3, paragraph (h).
3.1    (i) Data related to safety and education programs for loggers. Data related to
3.2safety and education programs for loggers under section 176.130, subdivision 11, are
3.3governed by section 175.16, subdivision 3, paragraph (g).
3.4    (j) Use or disclosure of not public data by Department of Labor and Industry
3.5employees in other circumstances is governed by section 175.16, subdivision 3,
3.6paragraphs (f) and (i).
3.7    Subd. 6. Occupational safety and health. Certain data gathered or prepared by the
3.8commissioner of labor and industry as part of occupational safety and health inspections
3.9are classified under sections 182.659, subdivision 8, and 182.668, subdivision 2.
3.10    Subd. 7. Investigation and enforcement data. Data related to enforcement actions
3.11or investigations initiated by the department, the Medical Services Review Board or the
3.12rehabilitation review panel are governed by sections 175.16, subdivision 3, and 175.40.

3.13    Sec. 2. Minnesota Statutes 2006, section 175.10, is amended to read:
3.14175.10 SESSIONS TO BE PUBLIC HOURS OF OPERATION.
3.15    The Department of Labor and Industry shall be open for the transaction of business
3.16during all business hours of each and every day, excepting Saturdays, Sundays, and legal
3.17holidays. The hearings of the Workers' Compensation Division are open to the public and
3.18may be adjourned from time to time. All the proceedings of the division shall be shown
3.19on its records, which are public records.

3.20    Sec. 3. Minnesota Statutes 2006, section 175.11, is amended by adding a subdivision to
3.21read:
3.22    Subd. 3. Cost of copies. Notwithstanding any other law to the contrary, the cost
3.23for copies of workers' compensation data in the division file is 65 cents per page. Money
3.24collected under this subdivision is appropriated to the commissioner for payment of the
3.25costs related to providing copies of the data.

3.26    Sec. 4. Minnesota Statutes 2006, section 175.16, is amended by adding a subdivision
3.27to read:
3.28    Subd. 3. Use and classification of department data. (a) The terms used in this
3.29subdivision have the following meanings for purposes of this subdivision:
3.30    (1) "Commissioner" means the commissioner of the Department of Labor and
3.31Industry.
3.32    (2) "Department" means the Department of Labor and Industry, and includes the
3.33commissioner of labor and industry and persons employed by, or under contract with, the
3.34department to perform responsibilities under laws within the department's jurisdiction.
4.1    (3) "Enforcement action" means a proceeding initiated by the department, board,
4.2or panel that may result in a penalty, fine, or sanction for violation of laws within the
4.3jurisdiction of the department or may result in an order for compliance with laws within
4.4the department's jurisdiction.
4.5    (4) "Investigation" means an inspection, investigation, audit, review, inquiry,
4.6or examination to administer, enforce, and monitor compliance with laws within the
4.7department's jurisdiction.
4.8    (b) The following data collected and maintained by the department are classified as
4.9private data on individuals or nonpublic data:
4.10    (1) data that identifies an individual who has made a complaint with the department
4.11asserting facts that may constitute a violation of chapters 176, 177, and 181A, or the
4.12provisions of chapter 181 that are under the department's jurisdiction to administer and
4.13enforce; and
4.14    (2) data that identifies an individual who has responded to a department request for
4.15information as part of a department investigation or enforcement action under chapter
4.16176, 177, 181, or 181A.
4.17    Notwithstanding clauses (1) and (2), the identity of the individuals described in those
4.18clauses may be released to the extent permitted in chapter 176, including as permitted in
4.19section 176.231, subdivision 9, if the department maintains the data in an employee's
4.20workers' compensation division file.
4.21    (c) All data collected, created, received, or maintained by the department related to
4.22an investigation under section 178.09, subdivision 1, is confidential data on individuals
4.23or protected nonpublic data during the investigation. Once the initial determination has
4.24been filed with the commissioner, the data is private data on individuals or nonpublic.
4.25Nonpublic data may be disseminated to the hearing board if there is an appeal. The data
4.26that document the decision of the hearing board remain private or nonpublic until the
4.27commissioner issues a decision under section 178.09, subdivision 2. Upon issuance of
4.28the commissioner's decision, the hearing board's findings of fact, recommended decision,
4.29and memorandum and the commissioner's decision, findings of fact, and memorandum or
4.30reasons are public data.
4.31    (d) The following data collected and maintained by the department as part of a
4.32survey are classified as private data on individuals or nonpublic data:
4.33    (1) for surveys submitted pursuant to sections 177.41 to 177.44:
4.34    (i) the names of employees;
4.35    (ii) the names, addresses, and telephone numbers of employers;
4.36    (iii) the names, addresses, and telephone numbers of entities submitting the data; and
5.1    (iv) the names and signatures of persons signing the surveys on behalf of an entity;
5.2and
5.3    (2) for a department workers' compensation survey or research study, the identity of
5.4persons who respond to a request for written data by the department.
5.5    (e) The names, addresses, Social Security numbers, and telephone numbers of
5.6employees on payroll data submitted to the department under sections 177.21 to 177.35
5.7and chapters 181 and 181A are private data under section 13.02, subdivision 12.
5.8    (f) Persons employed by or under contract with the department may access, use, and
5.9disclose any not public data collected, created, received, or maintained by the department
5.10to the extent needed to assist them to perform responsibilities under laws within the
5.11department's jurisdiction, unless otherwise provided by federal law. The department may
5.12use and disclose the data in its administrative and civil proceedings.
5.13    (g) The following data collected from persons who attend safety and education
5.14programs or seminars for loggers established or approved by the commissioner under
5.15section 176.130, subdivision 11, are classified as public:
5.16    (1) the names of individuals attending the program or seminar;
5.17    (2) the name of each attendee's employer;
5.18    (3) the city where the employer is located;
5.19    (4) the date the program or seminar was held; and
5.20    (5) a description of the seminar or program.
5.21    (h) If the department is unable to locate an employee who is owed back wages or
5.22other money pursuant to section 177.27, subdivision 7, the department may provide the
5.23employee's Social Security number to the Department of Commerce for use under the
5.24Uniform Distribution of Unclaimed Property Act in chapter 345.
5.25    (i) The department may make any data that is classified as not public accessible to
5.26any person, any agency, or the public when the department determines that access will
5.27aid the law enforcement or investigative process, promote public health or safety, or
5.28dispel widespread rumor or unrest.

5.29    Sec. 5. Minnesota Statutes 2006, section 175.27, is amended to read:
5.30175.27 DISCLOSURE OF NAMES OF PERSONS GIVING INFORMATION;
5.31REFUSAL TO TESTIFY; DENYING ADMISSION; PENALTY.
5.32    Any employee of the Department of Labor and Industry who shall disclose the
5.33names of any persons supplying information at the request of such department shall be
5.34guilty of a misdemeanor. Any person who, having been duly subpoenaed, shall refuse
5.35to attend or testify in any hearing under the direction of the Department of Labor and
5.36Industry shall be guilty of a misdemeanor. Any owner or occupant of any place of
6.1employment who shall refuse to admit thereto any employee of the department seeking
6.2entrance in the discharge of the employee's duties, shall be guilty of a misdemeanor. Any
6.3person, firm, or corporation, or any of its officers or agents, who or which shall refuse to
6.4file with the department such reports as are required by it under the provisions of sections
6.5175.24 to 175.27 shall be guilty of a misdemeanor.

6.6    Sec. 6. Minnesota Statutes 2006, section 176.181, subdivision 8, is amended to read:
6.7    Subd. 8. Data sharing. (a) The Departments of Labor and Industry, Employment
6.8and Economic Development, Human Services, Agriculture, Transportation, and Revenue
6.9are authorized to share information regarding the employment status of individuals,
6.10including but not limited to Social Security numbers and payroll and withholding and
6.11income tax information, and may use that information for purposes consistent with
6.12this section and regarding the employment or employer status and federal employer
6.13identification numbers of individuals, partnerships, limited liability companies,
6.14corporations, or employers, including, but not limited to, general contractors, intermediate
6.15contractors, and subcontractors. The commissioner shall request data in writing or
6.16pursuant to a state agency agreement, and the responding department shall respond to the
6.17request by producing the requested data within 30 days.
6.18    (b) The commissioner is authorized to inspect and to order the production of all
6.19payroll and other business records and documents of any alleged employer in order to
6.20determine the employment status of persons and compliance with this section. If any
6.21person or employer refuses to comply with such an order, the commissioner may apply to
6.22the district court of the county where the person or employer is located or may apply to
6.23Ramsey County or the county where the nearest office of the Department of Labor and
6.24Industry is located, for an order compelling production of the documents.

6.25    Sec. 7. Minnesota Statutes 2006, section 176.186, is amended to read:
6.26176.186 RECORDS FROM OTHER STATE AGENCIES.
6.27    Notwithstanding any other state law to the contrary except chapter 270B,
6.28the commissioner may obtain from the Department of Employment and Economic
6.29Development, and Office of the Secretary of State, or any other state agency, upon
6.30request, names or lists of employers doing business in the state. This information shall
6.31be treated by the commissioner in the manner provided by chapter 13 and shall be used
6.32only for insurance verification by the commissioner and as permitted by section 175.16,
6.33subdivision 3.

6.34    Sec. 8. Minnesota Statutes 2006, section 176.391, subdivision 3, is amended to read:
7.1    Subd. 3. Reports. The report of a physician, surgeon, or other expert shall be filed
7.2with the commissioner and the compensation judge assigned to the matter if any. The
7.3report shall be made a part of the record of the case and be open to inspection as such.

7.4    Sec. 9. REPEALER.
7.5Minnesota Statutes 2006, section 175.24, is repealed."
7.6Delete the title and insert:
7.8relating to labor; modifying data practices provisions in the Department of Labor
7.9and Industry;amending Minnesota Statutes 2006, sections 13.7905; 175.10;
7.10175.11, by adding a subdivision; 175.16, by adding a subdivision; 175.27;
7.11176.181, subdivision 8; 176.186; 176.391, subdivision 3; repealing Minnesota
7.12Statutes 2006, section 175.24."