HF 2058

2nd 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; providing for access to, 
  1.3             and cost of access to, on-line data; classifying data; 
  1.4             clarifying the status of data on parents held by 
  1.5             educational entities; eliminating inconsistent 
  1.6             language; authorizing dissemination of personnel data; 
  1.7             authorizing sharing of certain data for tax 
  1.8             administration purposes; requiring the revisor of 
  1.9             statutes to reorganize and recodify data practices 
  1.10            law; amending Minnesota Statutes 1998, sections 13.03, 
  1.11            subdivision 3; 13.04, subdivision 3; 13.32, 
  1.12            subdivision 2; 13.43, by adding a subdivision; 15.17, 
  1.13            subdivisions 1 and 2; 141.30; 181.932, subdivision 2; 
  1.14            270B.14, subdivision 1; 273.124, subdivision 13; and 
  1.15            504.23; proposing coding for new law in Minnesota 
  1.16            Statutes, chapter 13; repealing Minnesota Statutes 
  1.17            1998, section 13.72, subdivision 2. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  Minnesota Statutes 1998, section 13.03, 
  1.20  subdivision 3, is amended to read: 
  1.21     Subd. 3.  [REQUEST FOR ACCESS TO DATA.] (a) Upon request to 
  1.22  a responsible authority or designee, a person shall be permitted 
  1.23  to inspect and copy public government data at reasonable times 
  1.24  and places, and, upon request, shall be informed of the data's 
  1.25  meaning.  If a person requests access for the purpose of 
  1.26  inspection, the responsible authority may not assess a charge or 
  1.27  require the requesting person to pay a fee to inspect data.  
  1.28     (b) For purposes of this section, "inspection" includes, 
  1.29  but is not limited to, the visual inspection of paper and 
  1.30  similar types of government data.  Inspection does not include 
  1.31  the printing of copies by the government entity, unless printing 
  2.1   a copy is the only method to provide for inspection of the 
  2.2   data.  In the case of data stored in electronic form and made 
  2.3   available in electronic form on a remote access basis to the 
  2.4   public by the government entity, "inspection" includes remote 
  2.5   access to the data by the public and the ability to print copies 
  2.6   of or download the data on the public's own computer equipment.  
  2.7   Nothing in this section prohibits a government entity from 
  2.8   charging reasonable fees for remote access to data under a 
  2.9   specific statutory grant of authority.  The responsible 
  2.10  authority or designee shall provide copies of public data upon 
  2.11  request.  If a person requests copies or electronic transmittal 
  2.12  of the data to the person, the responsible authority may require 
  2.13  the requesting person to pay the actual costs of searching for 
  2.14  and retrieving government data, including the cost of employee 
  2.15  time, and for making, certifying, compiling, and electronically 
  2.16  transmitting the copies of the data or the data, but may not 
  2.17  charge for separating public from not public data.  If the 
  2.18  responsible authority or designee is not able to provide copies 
  2.19  at the time a request is made, copies shall be supplied as soon 
  2.20  as reasonably possible. 
  2.21     When a request under this subdivision involves any person's 
  2.22  receipt of copies of public government data that has commercial 
  2.23  value and is a substantial and discrete portion of or an entire 
  2.24  formula, pattern, compilation, program, device, method, 
  2.25  technique, process, database, or system developed with a 
  2.26  significant expenditure of public funds by the agency, the 
  2.27  responsible authority may charge a reasonable fee for the 
  2.28  information in addition to the costs of making, certifying, and 
  2.29  compiling the copies.  Any fee charged must be clearly 
  2.30  demonstrated by the agency to relate to the actual development 
  2.31  costs of the information.  The responsible authority, upon the 
  2.32  request of any person, shall provide sufficient documentation to 
  2.33  explain and justify the fee being charged.  
  2.34     If the responsible authority or designee determines that 
  2.35  the requested data is classified so as to deny the requesting 
  2.36  person access, the responsible authority or designee shall 
  3.1   inform the requesting person of the determination either orally 
  3.2   at the time of the request, or in writing as soon after that 
  3.3   time as possible, and shall cite the specific statutory section, 
  3.4   temporary classification, or specific provision of federal law 
  3.5   on which the determination is based.  Upon the request of any 
  3.6   person denied access to data, the responsible authority or 
  3.7   designee shall certify in writing that the request has been 
  3.8   denied and cite the specific statutory section, temporary 
  3.9   classification, or specific provision of federal law upon which 
  3.10  the denial was based.  
  3.11     Sec. 2.  Minnesota Statutes 1998, section 13.04, 
  3.12  subdivision 3, is amended to read: 
  3.13     Subd. 3.  [ACCESS TO DATA BY INDIVIDUAL.] Upon request to a 
  3.14  responsible authority, an individual shall be informed whether 
  3.15  the individual is the subject of stored data on individuals, and 
  3.16  whether it is classified as public, private or confidential.  
  3.17  Upon further request, an individual who is the subject of stored 
  3.18  private or public data on individuals shall be shown the data 
  3.19  without any charge and, if desired, shall be informed of the 
  3.20  content and meaning of that data.  After an individual has been 
  3.21  shown the private data and informed of its meaning, the data 
  3.22  need not be disclosed to that individual for six months 
  3.23  thereafter unless a dispute or action pursuant to this section 
  3.24  is pending or additional data on the individual has been 
  3.25  collected or created.  The responsible authority shall provide 
  3.26  copies of the private or public data upon request by the 
  3.27  individual subject of the data.  The responsible authority may 
  3.28  require the requesting person to pay the actual costs of making, 
  3.29  certifying, and compiling the copies. 
  3.30     The responsible authority shall comply immediately, if 
  3.31  possible, with any request made pursuant to this subdivision, or 
  3.32  within five ten days of the date of the request, excluding 
  3.33  Saturdays, Sundays and legal holidays, if immediate compliance 
  3.34  is not possible.  If unable to comply with the request within 
  3.35  that time, the responsible authority shall so inform the 
  3.36  individual, and may have an additional five days within which to 
  4.1   comply with the request, excluding Saturdays, Sundays and legal 
  4.2   holidays. 
  4.3      Sec. 3.  Minnesota Statutes 1998, section 13.32, 
  4.4   subdivision 2, is amended to read: 
  4.5      Subd. 2.  [STUDENT HEALTH AND CENSUS DATA; DATA ON 
  4.6   PARENTS.] (a) Health data concerning students, including but not 
  4.7   limited to, data concerning immunizations, notations of special 
  4.8   physical or mental problems and records of school nurses are 
  4.9   educational data.  Access by parents to student health data 
  4.10  shall be pursuant to section 13.02, subdivision 8.  
  4.11     (b) Pupil census data, including emergency information, and 
  4.12  family information, and data concerning parents are educational 
  4.13  data. 
  4.14     (c) Data concerning parents are private data on individuals 
  4.15  but may be treated as directory information if the same 
  4.16  procedures that are used by a school district to designate 
  4.17  student data as directory information under subdivision 5 are 
  4.18  followed. 
  4.19     Sec. 4.  Minnesota Statutes 1998, section 13.43, is amended 
  4.20  by adding a subdivision to read: 
  4.21     Subd. 13.  [DISSEMINATION OF DATA TO DEPARTMENT OF ECONOMIC 
  4.22  SECURITY.] Private personnel data must be disclosed to the 
  4.23  department of economic security for the purpose of processing 
  4.24  claims for unemployment benefits under chapter 268. 
  4.25     Sec. 5.  [13.442] [BUILDING CODE VIOLATIONS.] 
  4.26     All code violation records pertaining to a particular 
  4.27  parcel of real property and the buildings, improvements, and 
  4.28  dwelling units located on it that are kept by any state, county, 
  4.29  or city agency charged by the governing body of the appropriate 
  4.30  political subdivision with the responsibility for enforcing a 
  4.31  state, county, or city health, housing, building, fire 
  4.32  prevention, or housing maintenance code are public data; except 
  4.33  as otherwise provided by section 13.39, subdivision 2; 13.44; or 
  4.34  13.82, subdivision 5. 
  4.35     Sec. 6.  [13.491] [RIDESHARE DATA.] 
  4.36     The following data on participants, collected by the 
  5.1   Minnesota department of transportation and the metropolitan 
  5.2   council to administer rideshare programs, are classified as 
  5.3   private under section 13.02, subdivision 12:  residential 
  5.4   address and telephone number; beginning and ending work hours; 
  5.5   current mode of commuting to and from work; and type of 
  5.6   rideshare service information requested. 
  5.7      Sec. 7.  [13.612] [UTILITY CUSTOMER DATA.] 
  5.8      All data that identifies customers of municipal utilities 
  5.9   are classified as private data on individuals as defined in 
  5.10  section 13.02, subdivision 12, or nonpublic data as defined in 
  5.11  section 13.02, subdivision 9. 
  5.12     Sec. 8.  [13.772] [MINNESOTA POLLUTION CONTROL AGENCY 
  5.13  DATA.] 
  5.14     Data that identify specific locations within the state 
  5.15  where intensive and global survey site investigations are under 
  5.16  way, or are determined by the Minnesota pollution control agency 
  5.17  as appropriate for studying the cause of malformations in frogs, 
  5.18  are nonpublic data until the agency determines that it will not 
  5.19  investigate or has completed its scientific investigation at the 
  5.20  reported abnormal frog site. 
  5.21     Sec. 9.  Minnesota Statutes 1998, section 15.17, 
  5.22  subdivision 1, is amended to read: 
  5.23     Subdivision 1.  [MUST BE KEPT.] All officers and agencies 
  5.24  of the state, counties, cities, towns, school districts, 
  5.25  municipal subdivisions or corporations, or other public 
  5.26  authorities or political entities within the state, hereinafter 
  5.27  "public officer," shall make and preserve all records necessary 
  5.28  to a full and accurate knowledge of their official 
  5.29  activities.  Government records may be produced in the form of 
  5.30  computerized records.  All government records shall be made on a 
  5.31  physical medium of a quality to insure permanent records.  Every 
  5.32  public officer is empowered to reproduce records if the records 
  5.33  are not deemed to be of permanent or archival value by the 
  5.34  commissioner of administration and the records disposition panel 
  5.35  under section 138.17.  The public officer is empowered to 
  5.36  reproduce these records by any photographic, photostatic, 
  6.1   microphotographic, optical disk imaging system, microfilming, or 
  6.2   other reproduction method that clearly and accurately reproduces 
  6.3   the records.  If a record is deemed to be of permanent or 
  6.4   archival value, any reproduction of the record must meet 
  6.5   archival standards specified by the Minnesota historical society 
  6.6   provided, however, that this section does not prohibit the use 
  6.7   of nonerasable optical imaging systems for the preservation of 
  6.8   archival records without the preservation of paper or microfilm 
  6.9   copies.  Each public officer may order that those photographs, 
  6.10  photostats, microphotographs, microfilms, optical images, or 
  6.11  other reproductions, be substituted for the originals of them.  
  6.12  The public officer may direct the destruction or sale for 
  6.13  salvage or other disposition of the originals from which they 
  6.14  were made, in accordance with the disposition requirements of 
  6.15  section 138.17.  Photographs, photostats, microphotographs, 
  6.16  microfilms, optical images, or other reproductions are for all 
  6.17  purposes deemed the original recording of the papers, books, 
  6.18  documents, and records reproduced when so ordered by any public 
  6.19  officer and are admissible as evidence in all courts and 
  6.20  proceedings of every kind.  A facsimile or exemplified or 
  6.21  certified copy of a photograph, photostat, microphotograph, 
  6.22  microfilm, optical image, or other reproduction, or an 
  6.23  enlargement or reduction of it, has the same effect and weight 
  6.24  as evidence as would a certified or exemplified copy of the 
  6.25  original. 
  6.26     Sec. 10.  Minnesota Statutes 1998, section 15.17, 
  6.27  subdivision 2, is amended to read: 
  6.28     Subd. 2.  [RESPONSIBILITY FOR RECORDS.] The chief 
  6.29  administrative officer of each public agency shall be 
  6.30  responsible for the preservation and care of the agency's 
  6.31  government records, which shall include written or printed 
  6.32  books, papers, letters, contracts, documents, maps, 
  6.33  plans, computer-based data, and other records made or received 
  6.34  pursuant to law or in connection with the transaction of public 
  6.35  business.  It shall be the duty of each agency, and of its chief 
  6.36  administrative officer, to carefully protect and preserve 
  7.1   government records from deterioration, mutilation, loss, or 
  7.2   destruction.  Records or record books may be repaired, 
  7.3   renovated, or rebound when necessary to preserve them properly. 
  7.4      Sec. 11.  Minnesota Statutes 1998, section 141.30, is 
  7.5   amended to read: 
  7.6      141.30 [INSPECTION.] 
  7.7      (a) The office or a delegate may inspect the instructional 
  7.8   books and records, classrooms, dormitories, tools, equipment and 
  7.9   classes of any school or applicant for license at any reasonable 
  7.10  time.  The office may require the submission of a certified 
  7.11  public audit, or if there is no such audit available the office 
  7.12  or a delegate may inspect the financial books and records of the 
  7.13  school.  In no event shall such financial information be used by 
  7.14  the office to regulate or set the tuition or fees charged by the 
  7.15  school.  
  7.16     (b) No agent or employee of the state of Minnesota shall 
  7.17  divulge to any person other than a member of the office, or duly 
  7.18  constituted law enforcement official, any data obtained from an 
  7.19  inspection of the financial records of a school, except in 
  7.20  connection with a legal or administrative proceeding commenced 
  7.21  to enforce a requirement of law.  Data obtained from an 
  7.22  inspection of the financial records of a school are nonpublic 
  7.23  data as defined in section 13.02, subdivision 9.  Data obtained 
  7.24  from inspections may be disclosed to other members of the 
  7.25  office, to law enforcement officials, or in connection with a 
  7.26  legal or administrative proceeding commenced to enforce a 
  7.27  requirement of law. 
  7.28     Sec. 12.  Minnesota Statutes 1998, section 181.932, 
  7.29  subdivision 2, is amended to read: 
  7.30     Subd. 2.  [DISCLOSURE OF IDENTITY.] No public official or 
  7.31  law enforcement official shall disclose, or cause to disclose, 
  7.32  The identity of any employee making a report or providing 
  7.33  information to a governmental body or law enforcement official 
  7.34  under subdivision 1 without the employee's consent unless the 
  7.35  investigator determines that disclosure is necessary for 
  7.36  prosecution.  If the disclosure is necessary for prosecution, 
  8.1   the employee shall be informed prior to the disclosure., clause 
  8.2   (a) or (d), is private data on individuals as defined in section 
  8.3   13.02.  The identity of an employee providing information under 
  8.4   subdivision 1, clause (b), is private data on individuals if: 
  8.5      (1) the employee would not have provided the information 
  8.6   without an assurance that the employee's identity would remain 
  8.7   private, because of a concern that the employer would commit an 
  8.8   action prohibited under subdivision 1 or that the employee would 
  8.9   be subject to some other form of retaliation; or 
  8.10     (2) the state agency, statewide system, or political 
  8.11  subdivision reasonably believes that the employee would not have 
  8.12  provided the data because of that concern. 
  8.13     Sec. 13.  Minnesota Statutes 1998, section 270B.14, 
  8.14  subdivision 1, is amended to read: 
  8.15     Subdivision 1.  [DISCLOSURE TO COMMISSIONER OF HUMAN 
  8.16  SERVICES.] (a) On the request of the commissioner of human 
  8.17  services, the commissioner shall disclose return information 
  8.18  regarding taxes imposed by chapter 290, and claims for refunds 
  8.19  under chapter 290A, to the extent provided in paragraph (b) and 
  8.20  for the purposes set forth in paragraph (c). 
  8.21     (b) Data that may be disclosed are limited to data relating 
  8.22  to the identity, whereabouts, employment, income, and property 
  8.23  of a person owing or alleged to be owing an obligation of child 
  8.24  support. 
  8.25     (c) The commissioner of human services may request data 
  8.26  only for the purposes of carrying out the child support 
  8.27  enforcement program and to assist in the location of parents who 
  8.28  have, or appear to have, deserted their children.  Data received 
  8.29  may be used only as set forth in section 256.978. 
  8.30     (d) The commissioner shall provide the records and 
  8.31  information necessary to administer the supplemental housing 
  8.32  allowance to the commissioner of human services.  
  8.33     (e) At the request of the commissioner of human services, 
  8.34  the commissioner of revenue shall electronically match the 
  8.35  social security numbers and names of participants in the 
  8.36  telephone assistance plan operated under sections 237.69 to 
  9.1   237.711, with those of property tax refund filers, and determine 
  9.2   whether each participant's household income is within the 
  9.3   eligibility standards for the telephone assistance plan. 
  9.4      (f) The commissioner may provide records and information 
  9.5   collected under sections 295.50 to 295.59 to the commissioner of 
  9.6   human services for purposes of the Medicaid Voluntary 
  9.7   Contribution and Provider-Specific Tax Amendments of 1991, 
  9.8   Public Law Number 102-234.  Upon the written agreement by the 
  9.9   United States Department of Health and Human Services to 
  9.10  maintain the confidentiality of the data, the commissioner may 
  9.11  provide records and information collected under sections 295.50 
  9.12  to 295.59 to the Health Care Financing Administration section of 
  9.13  the United States Department of Health and Human Services for 
  9.14  purposes of meeting federal reporting requirements.  
  9.15     (g) The commissioner may provide records and information to 
  9.16  the commissioner of human services as necessary to administer 
  9.17  the early refund of refundable tax credits. 
  9.18     (h) The commissioner may disclose information to the 
  9.19  commissioner of human services necessary to verify income for 
  9.20  eligibility and premium payment under the MinnesotaCare program, 
  9.21  under section 256L.05, subdivision 2. 
  9.22     (i) The commissioner may disclose information to the 
  9.23  commissioner of human services necessary to verify whether 
  9.24  applicants or recipients for the Minnesota family investment 
  9.25  program, general assistance, food stamps, and Minnesota 
  9.26  supplemental aid program have claimed refundable tax credits 
  9.27  under chapter 290 and the property tax refund under chapter 
  9.28  290A, and the amounts of the credits. 
  9.29     Sec. 14.  Minnesota Statutes 1998, section 273.124, 
  9.30  subdivision 13, is amended to read: 
  9.31     Subd. 13.  [HOMESTEAD APPLICATION.] (a) A person who meets 
  9.32  the homestead requirements under subdivision 1 must file a 
  9.33  homestead application with the county assessor to initially 
  9.34  obtain homestead classification. 
  9.35     (b) On or before January 2, 1993, each county assessor 
  9.36  shall mail a homestead application to the owner of each parcel 
 10.1   of property within the county which was classified as homestead 
 10.2   for the 1992 assessment year.  The format and contents of a 
 10.3   uniform homestead application shall be prescribed by the 
 10.4   commissioner of revenue.  The commissioner shall consult with 
 10.5   the chairs of the house and senate tax committees on the 
 10.6   contents of the homestead application form.  The application 
 10.7   must clearly inform the taxpayer that this application must be 
 10.8   signed by all owners who occupy the property or by the 
 10.9   qualifying relative and returned to the county assessor in order 
 10.10  for the property to continue receiving homestead treatment.  The 
 10.11  envelope containing the homestead application shall clearly 
 10.12  identify its contents and alert the taxpayer of its necessary 
 10.13  immediate response. 
 10.14     (c) Every property owner applying for homestead 
 10.15  classification must furnish to the county assessor the social 
 10.16  security number of each occupant who is listed as an owner of 
 10.17  the property on the deed of record, the name and address of each 
 10.18  owner who does not occupy the property, and the name and social 
 10.19  security number of each owner's spouse who occupies the 
 10.20  property.  The application must be signed by each owner who 
 10.21  occupies the property and by each owner's spouse who occupies 
 10.22  the property, or, in the case of property that qualifies as a 
 10.23  homestead under subdivision 1, paragraph (c), by the qualifying 
 10.24  relative. 
 10.25     If a property owner occupies a homestead, the property 
 10.26  owner's spouse may not claim another property as a homestead 
 10.27  unless the property owner and the property owner's spouse file 
 10.28  with the assessor an affidavit or other proof required by the 
 10.29  assessor stating that the property qualifies as a homestead 
 10.30  under subdivision 1, paragraph (e). 
 10.31     Owners or spouses occupying residences owned by their 
 10.32  spouses and previously occupied with the other spouse, either of 
 10.33  whom fail to include the other spouse's name and social security 
 10.34  number on the homestead application or provide the affidavits or 
 10.35  other proof requested, will be deemed to have elected to receive 
 10.36  only partial homestead treatment of their residence.  The 
 11.1   remainder of the residence will be classified as nonhomestead 
 11.2   residential.  When an owner or spouse's name and social security 
 11.3   number appear on homestead applications for two separate 
 11.4   residences and only one application is signed, the owner or 
 11.5   spouse will be deemed to have elected to homestead the residence 
 11.6   for which the application was signed. 
 11.7      The social security numbers or affidavits or other proofs 
 11.8   of the property owners and spouses are private data on 
 11.9   individuals as defined by section 13.02, subdivision 12, but, 
 11.10  notwithstanding that section, the private data may be disclosed 
 11.11  to the commissioner of revenue, or, for purposes of proceeding 
 11.12  under the Revenue Recapture Act to recover personal property 
 11.13  taxes owing, to the county treasurer. 
 11.14     (d) If residential real estate is occupied and used for 
 11.15  purposes of a homestead by a relative of the owner and qualifies 
 11.16  for a homestead under subdivision 1, paragraph (c), in order for 
 11.17  the property to receive homestead status, a homestead 
 11.18  application must be filed with the assessor.  The social 
 11.19  security number of each relative occupying the property and the 
 11.20  social security number of each owner who is related to an 
 11.21  occupant of the property shall be required on the homestead 
 11.22  application filed under this subdivision.  If a different 
 11.23  relative of the owner subsequently occupies the property, the 
 11.24  owner of the property must notify the assessor within 30 days of 
 11.25  the change in occupancy.  The social security number of a 
 11.26  relative occupying the property is private data on individuals 
 11.27  as defined by section 13.02, subdivision 12, but may be 
 11.28  disclosed to the commissioner of revenue.  
 11.29     (e) The homestead application shall also notify the 
 11.30  property owners that the application filed under this section 
 11.31  will not be mailed annually and that if the property is granted 
 11.32  homestead status for the 1993 assessment, or any assessment year 
 11.33  thereafter, that same property shall remain classified as 
 11.34  homestead until the property is sold or transferred to another 
 11.35  person, or the owners, the spouse of the owner, or the relatives 
 11.36  no longer use the property as their homestead.  Upon the sale or 
 12.1   transfer of the homestead property, a certificate of value must 
 12.2   be timely filed with the county auditor as provided under 
 12.3   section 272.115.  Failure to notify the assessor within 30 days 
 12.4   that the property has been sold, transferred, or that the owner, 
 12.5   the spouse of the owner, or the relative is no longer occupying 
 12.6   the property as a homestead, shall result in the penalty 
 12.7   provided under this subdivision and the property will lose its 
 12.8   current homestead status. 
 12.9      (f) If the homestead application is not returned within 30 
 12.10  days, the county will send a second application to the present 
 12.11  owners of record.  The notice of proposed property taxes 
 12.12  prepared under section 275.065, subdivision 3, shall reflect the 
 12.13  property's classification.  Beginning with assessment year 1993 
 12.14  for all properties, if a homestead application has not been 
 12.15  filed with the county by December 15, the assessor shall 
 12.16  classify the property as nonhomestead for the current assessment 
 12.17  year for taxes payable in the following year, provided that the 
 12.18  owner may be entitled to receive the homestead classification by 
 12.19  proper application under section 375.192. 
 12.20     (g) At the request of the commissioner, each county must 
 12.21  give the commissioner a list that includes the name and social 
 12.22  security number of each property owner and the property owner's 
 12.23  spouse occupying the property, or relative of a property owner, 
 12.24  applying for homestead classification under this subdivision.  
 12.25  The commissioner shall use the information provided on the lists 
 12.26  as appropriate under the law, including for the detection of 
 12.27  improper claims by owners, or relatives of owners, under chapter 
 12.28  290A.  
 12.29     (h) If the commissioner finds that a property owner may be 
 12.30  claiming a fraudulent homestead, the commissioner shall notify 
 12.31  the appropriate counties.  Within 90 days of the notification, 
 12.32  the county assessor shall investigate to determine if the 
 12.33  homestead classification was properly claimed.  If the property 
 12.34  owner does not qualify, the county assessor shall notify the 
 12.35  county auditor who will determine the amount of homestead 
 12.36  benefits that had been improperly allowed.  For the purpose of 
 13.1   this section, "homestead benefits" means the tax reduction 
 13.2   resulting from the classification as a homestead under section 
 13.3   273.13, the taconite homestead credit under section 273.135, and 
 13.4   the supplemental homestead credit under section 273.1391. 
 13.5      The county auditor shall send a notice to the person who 
 13.6   owned the affected property at the time the homestead 
 13.7   application related to the improper homestead was filed, 
 13.8   demanding reimbursement of the homestead benefits plus a penalty 
 13.9   equal to 100 percent of the homestead benefits.  The person 
 13.10  notified may appeal the county's determination by serving copies 
 13.11  of a petition for review with county officials as provided in 
 13.12  section 278.01 and filing proof of service as provided in 
 13.13  section 278.01 with the Minnesota tax court within 60 days of 
 13.14  the date of the notice from the county.  Procedurally, the 
 13.15  appeal is governed by the provisions in chapter 271 which apply 
 13.16  to the appeal of a property tax assessment or levy, but without 
 13.17  requiring any prepayment of the amount in controversy.  If the 
 13.18  amount of homestead benefits and penalty is not paid within 60 
 13.19  days, and if no appeal has been filed, the county auditor shall 
 13.20  certify the amount of taxes and penalty to the county 
 13.21  treasurer.  The county treasurer will add interest to the unpaid 
 13.22  homestead benefits and penalty amounts at the rate provided in 
 13.23  section 279.03 for real property taxes becoming delinquent in 
 13.24  the calendar year during which the amount remains unpaid.  
 13.25  Interest may be assessed for the period beginning 60 days after 
 13.26  demand for payment was made. 
 13.27     If the person notified is the current owner of the 
 13.28  property, the treasurer may add the total amount of benefits, 
 13.29  penalty, interest, and costs to the ad valorem taxes otherwise 
 13.30  payable on the property by including the amounts on the property 
 13.31  tax statements under section 276.04, subdivision 3.  The amounts 
 13.32  added under this paragraph to the ad valorem taxes shall include 
 13.33  interest accrued through December 31 of the year preceding the 
 13.34  taxes payable year for which the amounts are first added.  These 
 13.35  amounts, when added to the property tax statement, become 
 13.36  subject to all the laws for the enforcement of real or personal 
 14.1   property taxes for that year, and for any subsequent year. 
 14.2      If the person notified is not the current owner of the 
 14.3   property, the treasurer may collect the amounts due under the 
 14.4   Revenue Recapture Act in chapter 270A, or use any of the powers 
 14.5   granted in sections 277.20 and 277.21 without exclusion, to 
 14.6   enforce payment of the benefits, penalty, interest, and costs, 
 14.7   as if those amounts were delinquent tax obligations of the 
 14.8   person who owned the property at the time the application 
 14.9   related to the improperly allowed homestead was filed.  The 
 14.10  treasurer may relieve a prior owner of personal liability for 
 14.11  the benefits, penalty, interest, and costs, and instead extend 
 14.12  those amounts on the tax lists against the property as provided 
 14.13  in this paragraph to the extent that the current owner agrees in 
 14.14  writing.  On all demands, billings, property tax statements, and 
 14.15  related correspondence, the county must list and state 
 14.16  separately the amounts of homestead benefits, penalty, interest 
 14.17  and costs being demanded, billed or assessed. 
 14.18     (i) Any amount of homestead benefits recovered by the 
 14.19  county from the property owner shall be distributed to the 
 14.20  county, city or town, and school district where the property is 
 14.21  located in the same proportion that each taxing district's levy 
 14.22  was to the total of the three taxing districts' levy for the 
 14.23  current year.  Any amount recovered attributable to taconite 
 14.24  homestead credit shall be transmitted to the St. Louis county 
 14.25  auditor to be deposited in the taconite property tax relief 
 14.26  account.  Any amount recovered that is attributable to 
 14.27  supplemental homestead credit is to be transmitted to the 
 14.28  commissioner of revenue for deposit in the general fund of the 
 14.29  state treasury.  The total amount of penalty collected must be 
 14.30  deposited in the county general fund. 
 14.31     (j) If a property owner has applied for more than one 
 14.32  homestead and the county assessors cannot determine which 
 14.33  property should be classified as homestead, the county assessors 
 14.34  will refer the information to the commissioner.  The 
 14.35  commissioner shall make the determination and notify the 
 14.36  counties within 60 days. 
 15.1      (k) In addition to lists of homestead properties, the 
 15.2   commissioner may ask the counties to furnish lists of all 
 15.3   properties and the record owners.  Social security numbers and 
 15.4   federal identification numbers maintained by a county or city 
 15.5   assessor for property tax administration purposes, that may 
 15.6   appear on the lists, may be used by the county auditor or 
 15.7   treasurer of the same county for the purpose of assisting the 
 15.8   commissioner in the preparation of microdata samples under 
 15.9   section 270.0681. 
 15.10     Sec. 15.  Minnesota Statutes 1998, section 504.23, is 
 15.11  amended to read: 
 15.12     504.23 [CODE VIOLATIONS, DISCLOSURE.] 
 15.13     All code violation records pertaining to a particular 
 15.14  parcel of real property and the buildings, improvements and 
 15.15  dwelling units located thereon kept by any state, county or city 
 15.16  agency charged by the governing body of the appropriate 
 15.17  political subdivision with the responsibility for enforcing a 
 15.18  state, county or city health, housing, building, fire prevention 
 15.19  or housing maintenance code shall be available to all persons 
 15.20  having a reasonable need for the information contained in the 
 15.21  records relating to the premises, at reasonable times and upon 
 15.22  reasonable notice to the custodian of the records, for 
 15.23  inspection, examination, abstracting or copying at the expense 
 15.24  of the person obtaining the information.  The persons to whom 
 15.25  the records shall be available under this section include but 
 15.26  are not limited to the following persons and their 
 15.27  representatives: 
 15.28     (a) any person having any legal or beneficial interest in 
 15.29  the premises, including a tenant; 
 15.30     (b) any person considering in good faith the lease or 
 15.31  purchase of the premises; 
 15.32     (c) any person authorized to request an inspection under 
 15.33  section 566.19; and 
 15.34     (d) a party to any action related to the premises, 
 15.35  including actions maintained pursuant to sections 504.18 and 
 15.36  566.18 to 566.33 are public data under section 13.442. 
 16.1      Sec. 16.  [REPORT OF DATA PRACTICES LAWS.] 
 16.2      The responsible authority of each state agency shall 
 16.3   prepare a list that identifies all data practices laws codified 
 16.4   outside Minnesota Statutes, chapter 13, that are not referenced 
 16.5   in Minnesota Statutes, section 13.99.  The list must be 
 16.6   submitted to the office of the revisor of statutes no later than 
 16.7   September 1, 1999, so that the revisor can complete the data 
 16.8   practices law recodification required in section 18. 
 16.9      Sec. 17.  [REVISOR INSTRUCTION; DATA PRACTICES LAW 
 16.10  RECODIFICATION.] 
 16.11     The revisor of statutes shall reorganize Minnesota 
 16.12  Statutes, chapter 13, to create a structure that provides users 
 16.13  with quick access to the data practices laws codified in chapter 
 16.14  13, and locates references to data practices laws codified 
 16.15  outside chapter 13 adjacent to their particular service area 
 16.16  codified in chapter 13.  For purposes of this section, "data 
 16.17  practice laws codified outside chapter 13" includes both laws 
 16.18  that place restrictions on access to data and laws involving 
 16.19  data sharing.  Service areas may include government entities 
 16.20  such as state agencies, cities, or school districts, or 
 16.21  functional areas such as education, law enforcement, human 
 16.22  services, or child protection.  If there is no appropriate 
 16.23  service area in chapter 13, the revisor shall recodify the 
 16.24  provision in another logical and appropriate place in chapter 
 16.25  13.  The revisor shall consult with the chairs of the data 
 16.26  practices subcommittees in the house of representatives and 
 16.27  senate, and legislative staff.  The revisor shall include the 
 16.28  data practices recodification in the 2000 edition of Minnesota 
 16.29  Statutes. 
 16.30     Sec. 18.  [REPEALER.] 
 16.31     Minnesota Statutes 1998, section 13.72, subdivision 2, is 
 16.32  repealed. 
 16.33     Sec. 19.  [EFFECTIVE DATE.] 
 16.34     Sections 16 and 17 are effective the day following final 
 16.35  enactment.