.................... moves to amend H.F. No. 3553, the first committee engrossment,
Page 3, line 16, after "process" insert "or investigative process
Page 3, after line 30, insert:
"Sec. 4. Minnesota Statutes 2006, section 13.41, subdivision 1, is amended to read:
Subdivision 1. Definition.
As used in this section, the following terms have the
1.7meanings given them.
1.8 (a) "License" means a credential specified in Minnesota Statutes as a license,
1.9certification, registration, permit, or other credential issued by a state agency that is
1.10required in order for an individual to engage in an occupation, trade, or business regulated
"Licensing agency" means any
board, department or agency of this state which
1.13state agency that
is given the statutory authority to issue
professional or other types of
licenses, except the various agencies primarily administered by the commissioner of
human services. Data pertaining to persons or agencies licensed or registered under
authority of the commissioner of human services shall be administered pursuant to section
Sec. 5. Minnesota Statutes 2006, section 13.41, subdivision 2, is amended to read:
Subd. 2. Private data; designated addresses and telephone numbers.
1.20Except as provided in this chapter or other law,
the following data collected, created,
maintained by any licensing agency are classified as private
, pursuant to section
: data, other than their names data on individuals:
1.23 (1) data related to an application for a license, except for the applicant's name
addresses, submitted by applicants for licenses; address, the license period
1.25for which the applicant applied, and whether the application is approved, disapproved,
1.26withdrawn, or pending;
2.1 (2) the nondesignated address of a licensee;
the identity of complainants who have made reports concerning licensees or
applicants which appear in inactive
complaint data civil investigative data under section
unless the complainant consents to the disclosure;
the nature or content of unsubstantiated complaints when no disciplinary action
2.6or penalty is imposed and
when the information is not
maintained in anticipation of legal
2.7 action civil investigative data under section 13.39
the identity of patients whose medical records are received by any health
licensing agency for purposes of review or in anticipation of a contested matter; inactive
investigative data relating to violations of statutes or rules; and the record of any
disciplinary proceeding except as limited by subdivision 5.
(b) An applicant for a license shall designate on the application a residence or
business address and telephone number at which the applicant can be contacted in
connection with the license application. A licensee shall designate a residence or business
address and telephone number at which the licensee can be contacted in connection with
the license. By designating an address under this paragraph other than a residence address,
the applicant or licensee consents to accept personal service of process by service on the
licensing agency for legal or administrative proceedings. The licensing agency shall mail
a copy of the documents to the applicant or licensee at the last known residence address.
Sec. 6. Minnesota Statutes 2007 Supplement, section 13.41, subdivision 3, is amended
Subd. 3. Board of Peace Officer Standards and Training.
government data of the Board of Peace Officer Standards and Training are private data:
(1) home addresses of licensees and applicants for licenses; and
(2) data that identify the government entity that employs a licensed peace officer.
The board may disseminate private data on applicants and licensees as is necessary
to administer law enforcement licensure or to provide data under section
, to law enforcement agencies who are conducting employment background
investigations. License numbers, license status, and continuing education records issued
2.30or maintained by the Board of Peace Officer Standards and Training are public data.
Sec. 7. Minnesota Statutes 2006, section 13.41, subdivision 5, is amended to read:
Subd. 5. Public data.
Licensing agency minutes, application data on licensees
except nondesignated addresses, orders for hearing, findings of fact, conclusions of
law and specification of the final disciplinary action contained in the record of the
disciplinary action are classified as public, pursuant to section
13.02, subdivision 15
entire record concerning the disciplinary proceeding is public data pursuant to section
3.213.02, subdivision 15
, in those instances where there is a public hearing concerning the
disciplinary action. If the licensee and the licensing agency agree to resolve a complaint
without a hearing, the agreement and the specific reasons for the agreement are public
The license numbers, the license status, and continuing education records issued or
3.6 maintained by the Board of Peace Officer Standards and Training are classified as public
3.7 data, pursuant to section
13.02, subdivision 15 .
Sec. 8. Minnesota Statutes 2006, section 13.41, is amended by adding a subdivision to
3.10 Subd. 7. Complaints and investigations. Data related to complaints against or
3.11investigations about a licensee or applicant for a license are governed by section 13.39.
Page 10, after line 1, insert:
"Sec. .... REPEALER.
3.14Minnesota Statutes 2006, section 13.41, subdivision 4, is repealed.
Renumber the sections in sequence and correct the internal references
Amend the title accordingly