SF 653

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government data practices; clarifying 
  1.3             electronic access to data; modifying notice 
  1.4             requirements for students and employees; classifying 
  1.5             data; clarifying the status of data on parents held by 
  1.6             educational entities; authorizing access to medical 
  1.7             records by adult children of a deceased patient; 
  1.8             eliminating inconsistent language; authorizing 
  1.9             dissemination of personnel data; authorizing sharing 
  1.10            of certain data for tax administration purposes; 
  1.11            changing deadlines for providing data; clarifying and 
  1.12            modifying access to data on employees reporting 
  1.13            violations of law; making certain rideshare program 
  1.14            data on individuals private; amending Minnesota 
  1.15            Statutes 1998, sections 13.03, subdivision 3; 13.04, 
  1.16            subdivisions 2 and 3; 13.32, subdivisions 2 and 3; 
  1.17            13.43, by adding a subdivision; 13.47; 15.17, 
  1.18            subdivisions 1 and 2; 141.30; 144.335, subdivision 1; 
  1.19            181.932, subdivision 2; 270B.03, subdivisions 1 and 5; 
  1.20            270B.14, by adding a subdivision; and 273.124, 
  1.21            subdivision 13; proposing coding for new law in 
  1.22            Minnesota Statutes, chapter 13; repealing Minnesota 
  1.23            Statutes 1998, sections 13.72, subdivision 2; 504.23; 
  1.24            and 504A.595. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26     Section 1.  Minnesota Statutes 1998, section 13.03, 
  1.27  subdivision 3, is amended to read: 
  1.28     Subd. 3.  [REQUEST FOR ACCESS TO DATA.] (a) Upon request to 
  1.29  a responsible authority or designee, a person shall be permitted 
  1.30  to inspect and copy public government data at reasonable times 
  1.31  and places, and, upon request, shall be informed of the data's 
  1.32  meaning.  If a person requests access for the purpose of 
  1.33  inspection, the responsible authority may not assess a charge or 
  1.34  require the requesting person to pay a fee to inspect data.  
  1.35     (b) For purposes of this section, "inspection" includes, 
  2.1   but is not limited to, the visual inspection of paper and 
  2.2   similar types of government data.  "Inspection" does not include 
  2.3   printing copies by the government entity unless printing a copy 
  2.4   is the only method to provide for inspection of the data.  In 
  2.5   the case of data stored in electronic form and made available in 
  2.6   electronic form on a remote access basis to the public by the 
  2.7   government entity, "inspection" includes remote access to the 
  2.8   data by the public and the ability to print copies of or 
  2.9   download the data on the public's own computer equipment.  
  2.10  Nothing in this section prohibits a government entity from 
  2.11  charging a reasonable fee for remote access to data under a 
  2.12  specific statutory grant of authority. 
  2.13     (c) The responsible authority or designee shall provide 
  2.14  copies of public data upon request.  If a person requests copies 
  2.15  or electronic transmittal of the data to the person, the 
  2.16  responsible authority may require the requesting person to pay 
  2.17  the actual costs of searching for and retrieving government 
  2.18  data, including the cost of employee time, and for making, 
  2.19  certifying, compiling, and electronically transmitting the 
  2.20  copies of the data or the data, but may not charge for 
  2.21  separating public from not public data.  If the responsible 
  2.22  authority or designee is not able to provide copies at the time 
  2.23  a request is made, copies shall be supplied as soon as 
  2.24  reasonably possible. 
  2.25     (d) When a request under this subdivision involves any 
  2.26  person's receipt of copies of public government data that has 
  2.27  commercial value and is a substantial and discrete portion of or 
  2.28  an entire formula, pattern, compilation, program, device, 
  2.29  method, technique, process, database, or system developed with a 
  2.30  significant expenditure of public funds by the agency, the 
  2.31  responsible authority may charge a reasonable fee for the 
  2.32  information in addition to the costs of making, certifying, and 
  2.33  compiling the copies.  Any fee charged must be clearly 
  2.34  demonstrated by the agency to relate to the actual development 
  2.35  costs of the information.  The responsible authority, upon the 
  2.36  request of any person, shall provide sufficient documentation to 
  3.1   explain and justify the fee being charged.  
  3.2      (e) If the responsible authority or designee determines 
  3.3   that the requested data is classified so as to deny the 
  3.4   requesting person access, the responsible authority or designee 
  3.5   shall inform the requesting person of the determination either 
  3.6   orally at the time of the request, or in writing as soon after 
  3.7   that time as possible, and shall cite the specific statutory 
  3.8   section, temporary classification, or specific provision of 
  3.9   federal law on which the determination is based.  Upon the 
  3.10  request of any person denied access to data, the responsible 
  3.11  authority or designee shall certify in writing that the request 
  3.12  has been denied and cite the specific statutory section, 
  3.13  temporary classification, or specific provision of federal law 
  3.14  upon which the denial was based.  
  3.15     Sec. 2.  Minnesota Statutes 1998, section 13.04, 
  3.16  subdivision 2, is amended to read: 
  3.17     Subd. 2.  [INFORMATION REQUIRED TO BE GIVEN INDIVIDUAL.] 
  3.18  (a) An individual asked to supply private or confidential data 
  3.19  concerning the individual shall be informed of: 
  3.20     (a) (1) the purpose and intended use of the requested data 
  3.21  within the collecting state agency, political subdivision, or 
  3.22  statewide system; 
  3.23     (b) (2) whether the individual may refuse or is legally 
  3.24  required to supply the requested data; 
  3.25     (c) (3) any known consequence arising from supplying or 
  3.26  refusing to supply private or confidential data; and 
  3.27     (d) (4) the identity of other persons or entities 
  3.28  authorized by state or federal law to receive the data.  This 
  3.29  requirement shall not apply when an individual is asked to 
  3.30  supply investigative data, pursuant to section 13.82, 
  3.31  subdivision 5, to a law enforcement officer. 
  3.32     (b) When an individual is asked to supply educational data 
  3.33  as defined in section 13.32, the requirement of paragraph (a) is 
  3.34  met if, when a student first enrolls at a school and at the 
  3.35  beginning of each academic year, the responsible authority 
  3.36  provides to the individual a complete notice as provided in 
  4.1   paragraph (a) that covers the possible data collection instances 
  4.2   that may occur during the academic year.  
  4.3      Sec. 3.  Minnesota Statutes 1998, section 13.04, 
  4.4   subdivision 3, is amended to read: 
  4.5      Subd. 3.  [ACCESS TO DATA BY INDIVIDUAL.] Upon request to a 
  4.6   responsible authority, an individual shall be informed whether 
  4.7   the individual is the subject of stored data on individuals, and 
  4.8   whether it is classified as public, private or confidential.  
  4.9   Upon further request, an individual who is the subject of stored 
  4.10  private or public data on individuals shall be shown the data 
  4.11  without any charge and, if desired, shall be informed of the 
  4.12  content and meaning of that data.  After an individual has been 
  4.13  shown the private data and informed of its meaning, the data 
  4.14  need not be disclosed to that individual for six months 
  4.15  thereafter unless a dispute or action pursuant to this section 
  4.16  is pending or additional data on the individual has been 
  4.17  collected or created.  The responsible authority shall provide 
  4.18  copies of the private or public data upon request by the 
  4.19  individual subject of the data.  The responsible authority may 
  4.20  require the requesting person to pay the actual costs of making, 
  4.21  certifying, and compiling the copies. 
  4.22     The responsible authority shall comply immediately, if 
  4.23  possible, with any request made pursuant to this subdivision, or 
  4.24  within five ten days of the date of the request, excluding 
  4.25  Saturdays, Sundays and legal holidays, if immediate compliance 
  4.26  is not possible.  If unable to comply with the request within 
  4.27  that time, the responsible authority shall so inform the 
  4.28  individual, and may have an additional five days within which to 
  4.29  comply with the request, excluding Saturdays, Sundays and legal 
  4.30  holidays. 
  4.31     Sec. 4.  Minnesota Statutes 1998, section 13.32, 
  4.32  subdivision 2, is amended to read: 
  4.33     Subd. 2.  [STUDENT HEALTH AND CENSUS DATA; DATA ON 
  4.34  PARENTS.] (a) Health data concerning students, including but not 
  4.35  limited to, data concerning immunizations, notations of special 
  4.36  physical or mental problems and records of school nurses are 
  5.1   educational data.  Access by parents to student health data 
  5.2   shall be pursuant to section 13.02, subdivision 8.  
  5.3      (b) Pupil census data, including emergency information, and 
  5.4   family information, and data concerning parents are educational 
  5.5   data. 
  5.6      (c) Data concerning parents are private data on individuals 
  5.7   but may be treated as directory information if the same 
  5.8   procedures that are used by a school district to designate 
  5.9   student data as directory information under subdivision 5 are 
  5.10  followed. 
  5.11     Sec. 5.  Minnesota Statutes 1998, section 13.32, 
  5.12  subdivision 3, is amended to read: 
  5.13     Subd. 3.  [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 
  5.14  Except as provided in subdivision 5, educational data is private 
  5.15  data on individuals and shall not be disclosed except as follows:
  5.16     (a) Pursuant to section 13.05; 
  5.17     (b) Pursuant to a valid court order; 
  5.18     (c) Pursuant to a statute specifically authorizing access 
  5.19  to the private data; 
  5.20     (d) To disclose information in health and safety 
  5.21  emergencies pursuant to the provisions of United States Code, 
  5.22  title 20, section 1232g(b)(1)(I) and Code of Federal 
  5.23  Regulations, title 34, section 99.36 which are in effect on July 
  5.24  1, 1993; 
  5.25     (e) Pursuant to the provisions of United States Code, title 
  5.26  20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 
  5.27  (b)(3) and Code of Federal Regulations, title 34, sections 
  5.28  99.31, 99.32, 99.33, 99.34, and 99.35 which are in effect on 
  5.29  July 1, 1993; 
  5.30     (f) To appropriate health authorities to the extent 
  5.31  necessary to administer immunization programs and for bona fide 
  5.32  epidemiologic investigations which the commissioner of health 
  5.33  determines are necessary to prevent disease or disability to 
  5.34  individuals in the public educational agency or institution in 
  5.35  which the investigation is being conducted; 
  5.36     (g) When disclosure is required for institutions that 
  6.1   participate in a program under title IV of the Higher Education 
  6.2   Act, United States Code, title 20, chapter 1092, in effect on 
  6.3   July 1, 1993; 
  6.4      (h) To the appropriate school district officials to the 
  6.5   extent necessary under subdivision 6, annually to indicate the 
  6.6   extent and content of remedial instruction, including the 
  6.7   results of assessment testing and academic performance at a 
  6.8   post-secondary institution during the previous academic year by 
  6.9   a student who graduated from a Minnesota school district within 
  6.10  two years before receiving the remedial instruction; 
  6.11     (i) To appropriate authorities as provided in United States 
  6.12  Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern 
  6.13  the juvenile justice system and the ability of the system to 
  6.14  effectively serve, prior to adjudication, the student whose 
  6.15  records are released; provided that the authorities to whom the 
  6.16  data are released submit a written request for the data that 
  6.17  certifies that the data will not be disclosed to any other 
  6.18  person except as authorized by law without the written consent 
  6.19  of the parent of the student and the request and a record of the 
  6.20  release are maintained in the student's file; or 
  6.21     (j) To volunteers who are determined to have a legitimate 
  6.22  educational interest in the data and who are conducting 
  6.23  activities and events sponsored by or endorsed by the 
  6.24  educational agency or institution for students or former 
  6.25  students; or 
  6.26     (k) When disclosure is required for institutions that 
  6.27  participate in a program under the National Defense 
  6.28  Authorization Act of 1995, Public Law Number 103-337, relating 
  6.29  to access to campus and identifiable student information. 
  6.30     Sec. 6.  [13.442] [BUILDING CODE VIOLATIONS.] 
  6.31     Code violation records pertaining to a particular parcel of 
  6.32  real property and the buildings, improvements, and dwelling 
  6.33  units located on it that are kept by any state, county, or city 
  6.34  agency charged by the governing body of the appropriate 
  6.35  political subdivision with the responsibility for enforcing a 
  6.36  state, county, or city health, housing, building, fire 
  7.1   prevention, or housing maintenance code are public data, except 
  7.2   for data that are confidential data under section 13.44. 
  7.3      Sec. 7.  Minnesota Statutes 1998, section 13.43, is amended 
  7.4   by adding a subdivision to read: 
  7.5      Subd. 13.  [DISSEMINATION OF DATA TO DEPARTMENT OF ECONOMIC 
  7.6   SECURITY.] Private personnel data must be disclosed to the 
  7.7   department of economic security for the purpose of 
  7.8   administration of the reemployment insurance program under 
  7.9   chapter 268. 
  7.10     Sec. 8.  Minnesota Statutes 1998, section 13.47, is amended 
  7.11  to read: 
  7.12     13.47 [EMPLOYMENT AND TRAINING DATA.] 
  7.13     Subdivision 1.  [DEFINITION.] (a) "Employment and training 
  7.14  data" means data on individuals collected, maintained, used, or 
  7.15  disseminated because an individual applies for, is currently 
  7.16  enrolled in, or has been enrolled in employment and training 
  7.17  programs funded with federal, state, or local resources, 
  7.18  including those provided under the Workforce Investment Act of 
  7.19  1998, United States Code, title 29, section 2801. 
  7.20     (b) "Employment and training service provider" means an 
  7.21  administrative entity certified, or seeking to be certified, by 
  7.22  the commissioner of economic security to deliver employment and 
  7.23  training services under section 268.0122, subdivision 3, or an 
  7.24  organization that contracts with a certified administrative 
  7.25  entity or the department of economic security to deliver 
  7.26  employment and training services. 
  7.27     (c) "Provider of training services" means an organization 
  7.28  or entity that provides training under the Workforce Investment 
  7.29  Act of 1998, United States Code, title 29, section 2801. 
  7.30     Subd. 2.  [CLASSIFICATION.] Employment and training data 
  7.31  are private data on individuals. 
  7.32     Subd. 3.  [DISSEMINATION.] Employment and training data may 
  7.33  be disseminated by employment and training service providers: 
  7.34     (a) to other employment and training service providers to 
  7.35  coordinate the employment and training services for the data 
  7.36  subject or to determine eligibility or suitability for services 
  8.1   from other programs; 
  8.2      (b) to local and state welfare agencies for monitoring the 
  8.3   eligibility of the participant for assistance programs, or for 
  8.4   any employment or training program administered by those 
  8.5   agencies; and 
  8.6      (c) to the commissioner of economic security. 
  8.7      Subd. 4.  [DATA PREPARATION.] To produce data required to 
  8.8   certify the eligibility of training service providers under 
  8.9   section 268.0122, subdivision 3, clause (7), the Workforce 
  8.10  Investment Act of 1998, United States Code, title 29, section 
  8.11  2801, or other studies required by law, the commissioner of 
  8.12  economic security, in consultation with the governor's workforce 
  8.13  development council, may: 
  8.14     (1) enter into a data exchange agreement with a training 
  8.15  service provider whereby the commissioner of economic security 
  8.16  shall furnish to the provider wage information under section 
  8.17  268.044 on individuals who have received training services from 
  8.18  the provider.  The provider shall use this wage information to 
  8.19  prepare summary data determined necessary by the commissioner in 
  8.20  consultation with the governor's workforce development council.  
  8.21  The provider may use this wage information for conducting 
  8.22  studies to improve instruction; or 
  8.23     (2) if there is no agreement under clause (1), require the 
  8.24  training service provider to furnish employment and training 
  8.25  data determined necessary by the commissioner in consultation 
  8.26  with the governor's workforce development council. 
  8.27     Subd. 5.  [SUMMARY DATA.] The commissioner of economic 
  8.28  security shall provide the training service providers, as well 
  8.29  as make available to the public, summary data on the performance 
  8.30  of the training services. 
  8.31     Sec. 9.  [13.491] [RIDESHARE DATA.] 
  8.32     The following data on participants, collected by the 
  8.33  Minnesota department of transportation and the metropolitan 
  8.34  council to administer rideshare programs, are classified as 
  8.35  private under section 13.02, subdivision 12:  residential 
  8.36  address and telephone number; beginning and ending work hours; 
  9.1   current mode of commuting to and from work; and type of 
  9.2   rideshare service information requested. 
  9.3      Sec. 10.  [13.772] [MINNESOTA POLLUTION CONTROL AGENCY 
  9.4   DATA.] 
  9.5      Data that identify specific locations within the state 
  9.6   where intensive and global survey site investigations are under 
  9.7   way or are determined by the Minnesota pollution control agency 
  9.8   as appropriate for studying the cause of malformations in frogs, 
  9.9   are nonpublic data until the agency determines that it will not 
  9.10  investigate or has completed its scientific investigation at the 
  9.11  reported abnormal frog site. 
  9.12     Sec. 11.  Minnesota Statutes 1998, section 15.17, 
  9.13  subdivision 1, is amended to read: 
  9.14     Subdivision 1.  [MUST BE KEPT.] All officers and agencies 
  9.15  of the state, counties, cities, towns, school districts, 
  9.16  municipal subdivisions or corporations, or other public 
  9.17  authorities or political entities within the state, hereinafter 
  9.18  "public officer," shall make and preserve all records necessary 
  9.19  to a full and accurate knowledge of their official 
  9.20  activities.  Government records may be produced in the form of 
  9.21  computerized records.  All government records shall be made on a 
  9.22  physical medium of a quality to insure permanent records.  Every 
  9.23  public officer is empowered to reproduce records if the records 
  9.24  are not deemed to be of permanent or archival value by the 
  9.25  commissioner of administration and the records disposition panel 
  9.26  under section 138.17.  The public officer is empowered to 
  9.27  reproduce these records by any photographic, photostatic, 
  9.28  microphotographic, optical disk imaging system, microfilming, or 
  9.29  other reproduction method that clearly and accurately reproduces 
  9.30  the records.  If a record is deemed to be of permanent or 
  9.31  archival value, any reproduction of the record must meet 
  9.32  archival standards specified by the Minnesota historical society 
  9.33  provided, however, that this section does not prohibit the use 
  9.34  of nonerasable optical imaging systems for the preservation of 
  9.35  archival records without the preservation of paper or microfilm 
  9.36  copies.  Each public officer may order that those photographs, 
 10.1   photostats, microphotographs, microfilms, optical images, or 
 10.2   other reproductions, be substituted for the originals of them.  
 10.3   The public officer may direct the destruction or sale for 
 10.4   salvage or other disposition of the originals from which they 
 10.5   were made, in accordance with the disposition requirements of 
 10.6   section 138.17.  Photographs, photostats, microphotographs, 
 10.7   microfilms, optical images, or other reproductions are for all 
 10.8   purposes deemed the original recording of the papers, books, 
 10.9   documents, and records reproduced when so ordered by any public 
 10.10  officer and are admissible as evidence in all courts and 
 10.11  proceedings of every kind.  A facsimile or exemplified or 
 10.12  certified copy of a photograph, photostat, microphotograph, 
 10.13  microfilm, optical image, or other reproduction, or an 
 10.14  enlargement or reduction of it, has the same effect and weight 
 10.15  as evidence as would a certified or exemplified copy of the 
 10.16  original. 
 10.17     Sec. 12.  Minnesota Statutes 1998, section 15.17, 
 10.18  subdivision 2, is amended to read: 
 10.19     Subd. 2.  [RESPONSIBILITY FOR RECORDS.] The chief 
 10.20  administrative officer of each public agency shall be 
 10.21  responsible for the preservation and care of the agency's 
 10.22  government records, which shall include written or printed 
 10.23  books, papers, letters, contracts, documents, maps, 
 10.24  plans, computer-based data, and other records made or received 
 10.25  pursuant to law or in connection with the transaction of public 
 10.26  business.  It shall be the duty of each agency, and of its chief 
 10.27  administrative officer, to carefully protect and preserve 
 10.28  government records from deterioration, mutilation, loss, or 
 10.29  destruction.  Records or record books may be repaired, 
 10.30  renovated, or rebound when necessary to preserve them properly. 
 10.31     Sec. 13.  Minnesota Statutes 1998, section 141.30, is 
 10.32  amended to read: 
 10.33     141.30 [INSPECTION.] 
 10.34     (a) The office or a delegate may inspect the instructional 
 10.35  books and records, classrooms, dormitories, tools, equipment and 
 10.36  classes of any school or applicant for license at any reasonable 
 11.1   time.  The office may require the submission of a certified 
 11.2   public audit, or if there is no such audit available the office 
 11.3   or a delegate may inspect the financial books and records of the 
 11.4   school.  In no event shall such financial information be used by 
 11.5   the office to regulate or set the tuition or fees charged by the 
 11.6   school.  
 11.7      (b) No agent or employee of the state of Minnesota shall 
 11.8   divulge to any person other than a member of the office, or duly 
 11.9   constituted law enforcement official, any data obtained from an 
 11.10  inspection of the financial records of a school, except in 
 11.11  connection with a legal or administrative proceeding commenced 
 11.12  to enforce a requirement of law.  Data obtained from an 
 11.13  inspection of the financial records of a school are nonpublic 
 11.14  data as defined in section 13.02, subdivision 9.  Data obtained 
 11.15  from inspections may be disclosed:  to other members of the 
 11.16  office; to law enforcement officials; or in connection with a 
 11.17  legal or administrative proceeding commenced to enforce a 
 11.18  requirement of law. 
 11.19     Sec. 14.  Minnesota Statutes 1998, section 144.335, 
 11.20  subdivision 1, is amended to read: 
 11.21     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 11.22  section, the following terms have the meanings given them: 
 11.23     (a) "Patient" means a natural person who has received 
 11.24  health care services from a provider for treatment or 
 11.25  examination of a medical, psychiatric, or mental condition, the 
 11.26  surviving spouse, adult children, and parents of a deceased 
 11.27  patient, or a person the patient appoints in writing as a 
 11.28  representative, including a health care agent acting pursuant to 
 11.29  chapter 145C, unless the authority of the agent has been limited 
 11.30  by the principal in the principal's health care directive.  
 11.31  Except for minors who have received health care services 
 11.32  pursuant to sections 144.341 to 144.347, in the case of a minor, 
 11.33  patient includes a parent or guardian, or a person acting as a 
 11.34  parent or guardian in the absence of a parent or guardian. 
 11.35     (b) "Provider" means (1) any person who furnishes health 
 11.36  care services and is regulated to furnish the services pursuant 
 12.1   to chapter 147, 147A, 147B, 147C, 148, 148B, 148C, 150A, 151, 
 12.2   153, or 153A, or Minnesota Rules, chapter 4666; (2) a home care 
 12.3   provider licensed under section 144A.46; (3) a health care 
 12.4   facility licensed pursuant to this chapter or chapter 144A; (4) 
 12.5   a physician assistant registered under chapter 147A; and (5) an 
 12.6   unlicensed mental health practitioner regulated pursuant to 
 12.7   sections 148B.60 to 148B.71. 
 12.8      (c) "Individually identifiable form" means a form in which 
 12.9   the patient is or can be identified as the subject of the health 
 12.10  records. 
 12.11     Sec. 15.  Minnesota Statutes 1998, section 181.932, 
 12.12  subdivision 2, is amended to read: 
 12.13     Subd. 2.  [DISCLOSURE OF IDENTITY.] No public official or 
 12.14  law enforcement official shall disclose, or cause to disclose, 
 12.15  The identity of any employee making a report or providing 
 12.16  information under subdivision 1 without the employee's consent 
 12.17  unless the investigator determines that disclosure is necessary 
 12.18  for prosecution., clause (a) or (d), is private data on 
 12.19  individuals as defined in section 13.02.  The identity of an 
 12.20  employee providing information under subdivision 1, clause (b), 
 12.21  is private data on individuals if: 
 12.22     (1) the employee would not have provided the information 
 12.23  without an assurance that the employee's identity would remain 
 12.24  private, because of a concern that the employer would commit an 
 12.25  action prohibited under subdivision 1 or that the employee would 
 12.26  be subject to some other form of retaliation; or 
 12.27     (2) the state agency, statewide system, or political 
 12.28  subdivision reasonably believes that the employee would not have 
 12.29  provided the data because of that concern.  
 12.30     If the disclosure is necessary for prosecution, the 
 12.31  identity of the employee may be disclosed but the employee shall 
 12.32  be informed prior to the disclosure. 
 12.33     Sec. 16.  Minnesota Statutes 1998, section 270B.03, 
 12.34  subdivision 1, is amended to read: 
 12.35     Subdivision 1.  [WHO MAY INSPECT.] Returns and return 
 12.36  information must, on written request in a form or manner 
 13.1   prescribed by the commissioner, be made open to inspection by or 
 13.2   disclosure to the data subject.  For purposes of this chapter, 
 13.3   the following are the data subject: 
 13.4      (1) in the case of an individual return, that individual; 
 13.5      (2) in the case of an income tax return filed jointly, 
 13.6   either of the individuals with respect to whom the return is 
 13.7   filed; 
 13.8      (3) in the case of a partnership return, any person who was 
 13.9   a member of the partnership during any part of the period 
 13.10  covered by the return; 
 13.11     (4) in the case of the return of a corporation or its 
 13.12  subsidiary: 
 13.13     (i) any person designated by resolution of the board of 
 13.14  directors or other similar governing body; 
 13.15     (ii) any officer or employee of the corporation upon 
 13.16  written request signed by any officer and attested to by the 
 13.17  secretary or another officer; 
 13.18     (iii) any bona fide shareholder of record owning one 
 13.19  percent or more of the outstanding stock of the corporation; 
 13.20     (iv) if the corporation is a corporation that has made an 
 13.21  election under section 1362 of the Internal Revenue Code of 
 13.22  1986, as amended through December 31, 1988, any person who was a 
 13.23  shareholder during any part of the period covered by the return 
 13.24  during which an election was in effect; or 
 13.25     (v) if the corporation has been dissolved, any person 
 13.26  authorized by state law to act for the corporation or any person 
 13.27  who would have been authorized if the corporation had not been 
 13.28  dissolved; 
 13.29     (5) in the case of an estate return: 
 13.30     (i) the personal representative or trustee of the estate; 
 13.31  and 
 13.32     (ii) any beneficiary of the estate as shown on the federal 
 13.33  estate tax return; 
 13.34     (6) in the case of a trust return: 
 13.35     (i) the trustee or trustees, jointly or separately; and 
 13.36     (ii) any beneficiary of the trust as shown in the trust 
 14.1   instrument; 
 14.2      (7) if liability has been assessed to a transferee under 
 14.3   section 289A.31, subdivision 3, the transferee is the data 
 14.4   subject with regard to the returns and return information 
 14.5   relating to the assessed liability; 
 14.6      (8) in the case of an Indian tribal government or an Indian 
 14.7   tribal government-owned entity, 
 14.8      (i) the chair of the tribal government, or 
 14.9      (ii) any person authorized by the tribal government; and 
 14.10     (9) in the case of a successor as defined in section 
 14.11  270.102, subdivision 1, paragraph (b), the successor is the data 
 14.12  subject and information may be disclosed as provided by section 
 14.13  270.102, subdivision 4.  
 14.14     Sec. 17.  Minnesota Statutes 1998, section 270B.03, 
 14.15  subdivision 5, is amended to read: 
 14.16     Subd. 5.  [ATTORNEY IN FACT.] Any return or return 
 14.17  information to which this section applies is, upon written 
 14.18  request, open to inspection by or disclosure to the attorney in 
 14.19  fact duly authorized in a writing signed by the data subject or 
 14.20  to the person or persons designated by the data subject in a 
 14.21  written request for or consent to the disclosure in a form or 
 14.22  manner prescribed by the commissioner. 
 14.23     Sec. 18.  Minnesota Statutes 1998, section 270B.14, is 
 14.24  amended by adding a subdivision to read: 
 14.25     Subd. 17.  [DISCLOSURE TO DEPARTMENT OF COMMERCE.] The 
 14.26  commissioner may disclose to the commissioner of commerce 
 14.27  information required to administer the Uniform Disposition of 
 14.28  Unclaimed Property Act in sections 345.31 to 345.60, including 
 14.29  the social security numbers of the taxpayers whose refunds are 
 14.30  on the report of abandoned property submitted by the 
 14.31  commissioner to the commissioner of commerce under section 
 14.32  345.41.  Except for data published under section 345.42, the 
 14.33  information received that is private or nonpublic data retains 
 14.34  its classification, and can be used by the commissioner of 
 14.35  commerce only for the purpose of verifying that the persons 
 14.36  claiming the refunds are the owners. 
 15.1      Sec. 19.  Minnesota Statutes 1998, section 273.124, 
 15.2   subdivision 13, is amended to read: 
 15.3      Subd. 13.  [HOMESTEAD APPLICATION.] (a) A person who meets 
 15.4   the homestead requirements under subdivision 1 must file a 
 15.5   homestead application with the county assessor to initially 
 15.6   obtain homestead classification. 
 15.7      (b) On or before January 2, 1993, each county assessor 
 15.8   shall mail a homestead application to the owner of each parcel 
 15.9   of property within the county which was classified as homestead 
 15.10  for the 1992 assessment year.  The format and contents of a 
 15.11  uniform homestead application shall be prescribed by the 
 15.12  commissioner of revenue.  The commissioner shall consult with 
 15.13  the chairs of the house and senate tax committees on the 
 15.14  contents of the homestead application form.  The application 
 15.15  must clearly inform the taxpayer that this application must be 
 15.16  signed by all owners who occupy the property or by the 
 15.17  qualifying relative and returned to the county assessor in order 
 15.18  for the property to continue receiving homestead treatment.  The 
 15.19  envelope containing the homestead application shall clearly 
 15.20  identify its contents and alert the taxpayer of its necessary 
 15.21  immediate response. 
 15.22     (c) Every property owner applying for homestead 
 15.23  classification must furnish to the county assessor the social 
 15.24  security number of each occupant who is listed as an owner of 
 15.25  the property on the deed of record, the name and address of each 
 15.26  owner who does not occupy the property, and the name and social 
 15.27  security number of each owner's spouse who occupies the 
 15.28  property.  The application must be signed by each owner who 
 15.29  occupies the property and by each owner's spouse who occupies 
 15.30  the property, or, in the case of property that qualifies as a 
 15.31  homestead under subdivision 1, paragraph (c), by the qualifying 
 15.32  relative. 
 15.33     If a property owner occupies a homestead, the property 
 15.34  owner's spouse may not claim another property as a homestead 
 15.35  unless the property owner and the property owner's spouse file 
 15.36  with the assessor an affidavit or other proof required by the 
 16.1   assessor stating that the property qualifies as a homestead 
 16.2   under subdivision 1, paragraph (e). 
 16.3      Owners or spouses occupying residences owned by their 
 16.4   spouses and previously occupied with the other spouse, either of 
 16.5   whom fail to include the other spouse's name and social security 
 16.6   number on the homestead application or provide the affidavits or 
 16.7   other proof requested, will be deemed to have elected to receive 
 16.8   only partial homestead treatment of their residence.  The 
 16.9   remainder of the residence will be classified as nonhomestead 
 16.10  residential.  When an owner or spouse's name and social security 
 16.11  number appear on homestead applications for two separate 
 16.12  residences and only one application is signed, the owner or 
 16.13  spouse will be deemed to have elected to homestead the residence 
 16.14  for which the application was signed. 
 16.15     The social security numbers or affidavits or other proofs 
 16.16  of the property owners and spouses are private data on 
 16.17  individuals as defined by section 13.02, subdivision 12, but, 
 16.18  notwithstanding that section, the private data may be disclosed 
 16.19  to the commissioner of revenue, or, for purposes of proceeding 
 16.20  under the Revenue Recapture Act to recover personal property 
 16.21  taxes owing, to the county treasurer. 
 16.22     (d) If residential real estate is occupied and used for 
 16.23  purposes of a homestead by a relative of the owner and qualifies 
 16.24  for a homestead under subdivision 1, paragraph (c), in order for 
 16.25  the property to receive homestead status, a homestead 
 16.26  application must be filed with the assessor.  The social 
 16.27  security number of each relative occupying the property and the 
 16.28  social security number of each owner who is related to an 
 16.29  occupant of the property shall be required on the homestead 
 16.30  application filed under this subdivision.  If a different 
 16.31  relative of the owner subsequently occupies the property, the 
 16.32  owner of the property must notify the assessor within 30 days of 
 16.33  the change in occupancy.  The social security number of a 
 16.34  relative occupying the property is private data on individuals 
 16.35  as defined by section 13.02, subdivision 12, but may be 
 16.36  disclosed to the commissioner of revenue.  
 17.1      (e) The homestead application shall also notify the 
 17.2   property owners that the application filed under this section 
 17.3   will not be mailed annually and that if the property is granted 
 17.4   homestead status for the 1993 assessment, or any assessment year 
 17.5   thereafter, that same property shall remain classified as 
 17.6   homestead until the property is sold or transferred to another 
 17.7   person, or the owners, the spouse of the owner, or the relatives 
 17.8   no longer use the property as their homestead.  Upon the sale or 
 17.9   transfer of the homestead property, a certificate of value must 
 17.10  be timely filed with the county auditor as provided under 
 17.11  section 272.115.  Failure to notify the assessor within 30 days 
 17.12  that the property has been sold, transferred, or that the owner, 
 17.13  the spouse of the owner, or the relative is no longer occupying 
 17.14  the property as a homestead, shall result in the penalty 
 17.15  provided under this subdivision and the property will lose its 
 17.16  current homestead status. 
 17.17     (f) If the homestead application is not returned within 30 
 17.18  days, the county will send a second application to the present 
 17.19  owners of record.  The notice of proposed property taxes 
 17.20  prepared under section 275.065, subdivision 3, shall reflect the 
 17.21  property's classification.  Beginning with assessment year 1993 
 17.22  for all properties, if a homestead application has not been 
 17.23  filed with the county by December 15, the assessor shall 
 17.24  classify the property as nonhomestead for the current assessment 
 17.25  year for taxes payable in the following year, provided that the 
 17.26  owner may be entitled to receive the homestead classification by 
 17.27  proper application under section 375.192. 
 17.28     (g) At the request of the commissioner, each county must 
 17.29  give the commissioner a list that includes the name and social 
 17.30  security number of each property owner and the property owner's 
 17.31  spouse occupying the property, or relative of a property owner, 
 17.32  applying for homestead classification under this subdivision.  
 17.33  The commissioner shall use the information provided on the lists 
 17.34  as appropriate under the law, including for the detection of 
 17.35  improper claims by owners, or relatives of owners, under chapter 
 17.36  290A.  
 18.1      (h) If the commissioner finds that a property owner may be 
 18.2   claiming a fraudulent homestead, the commissioner shall notify 
 18.3   the appropriate counties.  Within 90 days of the notification, 
 18.4   the county assessor shall investigate to determine if the 
 18.5   homestead classification was properly claimed.  If the property 
 18.6   owner does not qualify, the county assessor shall notify the 
 18.7   county auditor who will determine the amount of homestead 
 18.8   benefits that had been improperly allowed.  For the purpose of 
 18.9   this section, "homestead benefits" means the tax reduction 
 18.10  resulting from the classification as a homestead under section 
 18.11  273.13, the taconite homestead credit under section 273.135, and 
 18.12  the supplemental homestead credit under section 273.1391. 
 18.13     The county auditor shall send a notice to the person who 
 18.14  owned the affected property at the time the homestead 
 18.15  application related to the improper homestead was filed, 
 18.16  demanding reimbursement of the homestead benefits plus a penalty 
 18.17  equal to 100 percent of the homestead benefits.  The person 
 18.18  notified may appeal the county's determination by serving copies 
 18.19  of a petition for review with county officials as provided in 
 18.20  section 278.01 and filing proof of service as provided in 
 18.21  section 278.01 with the Minnesota tax court within 60 days of 
 18.22  the date of the notice from the county.  Procedurally, the 
 18.23  appeal is governed by the provisions in chapter 271 which apply 
 18.24  to the appeal of a property tax assessment or levy, but without 
 18.25  requiring any prepayment of the amount in controversy.  If the 
 18.26  amount of homestead benefits and penalty is not paid within 60 
 18.27  days, and if no appeal has been filed, the county auditor shall 
 18.28  certify the amount of taxes and penalty to the county 
 18.29  treasurer.  The county treasurer will add interest to the unpaid 
 18.30  homestead benefits and penalty amounts at the rate provided in 
 18.31  section 279.03 for real property taxes becoming delinquent in 
 18.32  the calendar year during which the amount remains unpaid.  
 18.33  Interest may be assessed for the period beginning 60 days after 
 18.34  demand for payment was made. 
 18.35     If the person notified is the current owner of the 
 18.36  property, the treasurer may add the total amount of benefits, 
 19.1   penalty, interest, and costs to the ad valorem taxes otherwise 
 19.2   payable on the property by including the amounts on the property 
 19.3   tax statements under section 276.04, subdivision 3.  The amounts 
 19.4   added under this paragraph to the ad valorem taxes shall include 
 19.5   interest accrued through December 31 of the year preceding the 
 19.6   taxes payable year for which the amounts are first added.  These 
 19.7   amounts, when added to the property tax statement, become 
 19.8   subject to all the laws for the enforcement of real or personal 
 19.9   property taxes for that year, and for any subsequent year. 
 19.10     If the person notified is not the current owner of the 
 19.11  property, the treasurer may collect the amounts due under the 
 19.12  Revenue Recapture Act in chapter 270A, or use any of the powers 
 19.13  granted in sections 277.20 and 277.21 without exclusion, to 
 19.14  enforce payment of the benefits, penalty, interest, and costs, 
 19.15  as if those amounts were delinquent tax obligations of the 
 19.16  person who owned the property at the time the application 
 19.17  related to the improperly allowed homestead was filed.  The 
 19.18  treasurer may relieve a prior owner of personal liability for 
 19.19  the benefits, penalty, interest, and costs, and instead extend 
 19.20  those amounts on the tax lists against the property as provided 
 19.21  in this paragraph to the extent that the current owner agrees in 
 19.22  writing.  On all demands, billings, property tax statements, and 
 19.23  related correspondence, the county must list and state 
 19.24  separately the amounts of homestead benefits, penalty, interest 
 19.25  and costs being demanded, billed or assessed. 
 19.26     (i) Any amount of homestead benefits recovered by the 
 19.27  county from the property owner shall be distributed to the 
 19.28  county, city or town, and school district where the property is 
 19.29  located in the same proportion that each taxing district's levy 
 19.30  was to the total of the three taxing districts' levy for the 
 19.31  current year.  Any amount recovered attributable to taconite 
 19.32  homestead credit shall be transmitted to the St. Louis county 
 19.33  auditor to be deposited in the taconite property tax relief 
 19.34  account.  Any amount recovered that is attributable to 
 19.35  supplemental homestead credit is to be transmitted to the 
 19.36  commissioner of revenue for deposit in the general fund of the 
 20.1   state treasury.  The total amount of penalty collected must be 
 20.2   deposited in the county general fund. 
 20.3      (j) If a property owner has applied for more than one 
 20.4   homestead and the county assessors cannot determine which 
 20.5   property should be classified as homestead, the county assessors 
 20.6   will refer the information to the commissioner.  The 
 20.7   commissioner shall make the determination and notify the 
 20.8   counties within 60 days. 
 20.9      (k) In addition to lists of homestead properties, the 
 20.10  commissioner may ask the counties to furnish lists of all 
 20.11  properties and the record owners.  Social security numbers and 
 20.12  federal identification numbers maintained by a county or city 
 20.13  assessor for property tax administration purposes, that may 
 20.14  appear on the lists, may be used by the county auditor or 
 20.15  treasurer of the same county for the purpose of assisting the 
 20.16  commissioner in the preparation of microdata samples under 
 20.17  section 270.0681. 
 20.18     Sec. 20.  [REPEALER.] 
 20.19     Minnesota Statutes 1998, sections 13.72, subdivision 2; 
 20.20  504.23; and 504A.595, are repealed. 
 20.21     Sec. 21.  [EFFECTIVE DATE.] 
 20.22     Sections 16, 17, and 18 are effective the day following 
 20.23  final enactment.