3rd 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; 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; changing deadlines for 1.9 providing data; clarifying and modifying access to 1.10 data on employees reporting violations of law; making 1.11 certain rideshare program data on individuals private; 1.12 providing for a recodification of data practices laws; 1.13 amending Minnesota Statutes 1998, sections 13.03, 1.14 subdivision 3; 13.04, subdivision 3; 13.32, 1.15 subdivisions 2 and 3; 13.43, by adding a subdivision; 1.16 13.47; 15.17, subdivisions 1 and 2; 141.30; 181.932, 1.17 subdivision 2; 270B.03, subdivisions 1 and 5; 270B.14, 1.18 subdivision 1, and by adding a subdivision; and 1.19 273.124, subdivision 13; proposing coding for new law 1.20 in Minnesota Statutes, chapters 13; and 518; repealing 1.21 Minnesota Statutes 1998, sections 13.72, subdivision 1.22 2; and 504A.595. 1.23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.24 Section 1. Minnesota Statutes 1998, section 13.03, 1.25 subdivision 3, is amended to read: 1.26 Subd. 3. [REQUEST FOR ACCESS TO DATA.] (a) Upon request to 1.27 a responsible authority or designee, a person shall be permitted 1.28 to inspect and copy public government data at reasonable times 1.29 and places, and, upon request, shall be informed of the data's 1.30 meaning. If a person requests access for the purpose of 1.31 inspection, the responsible authority may not assess a charge or 1.32 require the requesting person to pay a fee to inspect data. 1.33 (b) For purposes of this section, "inspection" includes, 1.34 but is not limited to, the visual inspection of paper and 2.1 similar types of government data. Inspection does not include 2.2 printing copies by the government entity, unless printing a copy 2.3 is the only method to provide for inspection of the data. In 2.4 the case of data stored in electronic form and made available in 2.5 electronic form on a remote access basis to the public by the 2.6 government entity, inspection includes remote access to the data 2.7 by the public and the ability to print copies of or download the 2.8 data on the public's own computer equipment. Nothing in this 2.9 section prohibits a government entity from charging a reasonable 2.10 fee for remote access to data under a specific statutory grant 2.11 of authority. A government entity may charge a fee for remote 2.12 access to data where either the data or the access is enhanced 2.13 at the request of the person seeking access. 2.14 (c) The responsible authority or designee shall provide 2.15 copies of public data upon request. If a person requests copies 2.16 or electronic transmittal of the data to the person, the 2.17 responsible authority may require the requesting person to pay 2.18 the actual costs of searching for and retrieving government 2.19 data, including the cost of employee time, and for making, 2.20 certifying, compiling, and electronically transmitting the 2.21 copies of the data or the data, but may not charge for 2.22 separating public from not public data. If the responsible 2.23 authority or designee is not able to provide copies at the time 2.24 a request is made, copies shall be supplied as soon as 2.25 reasonably possible. 2.26 (d) When a request under this subdivision involves any 2.27 person's receipt of copies of public government data that has 2.28 commercial value and is a substantial and discrete portion of or 2.29 an entire formula, pattern, compilation, program, device, 2.30 method, technique, process, database, or system developed with a 2.31 significant expenditure of public funds by the agency, the 2.32 responsible authority may charge a reasonable fee for the 2.33 information in addition to the costs of making, certifying, and 2.34 compiling the copies. Any fee charged must be clearly 2.35 demonstrated by the agency to relate to the actual development 2.36 costs of the information. The responsible authority, upon the 3.1 request of any person, shall provide sufficient documentation to 3.2 explain and justify the fee being charged. 3.3 (e) If the responsible authority or designee determines 3.4 that the requested data is classified so as to deny the 3.5 requesting person access, the responsible authority or designee 3.6 shall inform the requesting person of the determination either 3.7 orally at the time of the request, or in writing as soon after 3.8 that time as possible, and shall cite the specific statutory 3.9 section, temporary classification, or specific provision of 3.10 federal law on which the determination is based. Upon the 3.11 request of any person denied access to data, the responsible 3.12 authority or designee shall certify in writing that the request 3.13 has been denied and cite the specific statutory section, 3.14 temporary classification, or specific provision of federal law 3.15 upon which the denial was based. 3.16 Sec. 2. Minnesota Statutes 1998, section 13.04, 3.17 subdivision 3, is amended to read: 3.18 Subd. 3. [ACCESS TO DATA BY INDIVIDUAL.] Upon request to a 3.19 responsible authority, an individual shall be informed whether 3.20 the individual is the subject of stored data on individuals, and 3.21 whether it is classified as public, private or confidential. 3.22 Upon further request, an individual who is the subject of stored 3.23 private or public data on individuals shall be shown the data 3.24 without any charge and, if desired, shall be informed of the 3.25 content and meaning of that data. After an individual has been 3.26 shown the private data and informed of its meaning, the data 3.27 need not be disclosed to that individual for six months 3.28 thereafter unless a dispute or action pursuant to this section 3.29 is pending or additional data on the individual has been 3.30 collected or created. The responsible authority shall provide 3.31 copies of the private or public data upon request by the 3.32 individual subject of the data. The responsible authority may 3.33 require the requesting person to pay the actual costs of making, 3.34 certifying, and compiling the copies. 3.35 The responsible authority shall comply immediately, if 3.36 possible, with any request made pursuant to this subdivision, or 4.1 within
fiveten days of the date of the request, excluding 4.2 Saturdays, Sundays and legal holidays, if immediate compliance 4.3 is not possible. If unable to comply with the request within4.4 that time, the responsible authority shall so inform the4.5 individual, and may have an additional five days within which to4.6 comply with the request, excluding Saturdays, Sundays and legal4.7 holidays.4.8 Sec. 3. Minnesota Statutes 1998, section 13.32, 4.9 subdivision 2, is amended to read: 4.10 Subd. 2. [STUDENT HEALTH AND CENSUS DATA; DATA ON 4.11 PARENTS.] (a) Health data concerning students, including but not 4.12 limited to, data concerning immunizations, notations of special 4.13 physical or mental problems and records of school nurses are 4.14 educational data. Access by parents to student health data 4.15 shall be pursuant to section 13.02, subdivision 8. 4.16 (b) Pupil census data, including emergency information ,and 4.17 family information , and data concerning parentsare educational 4.18 data. 4.19 (c) Data concerning parents are private data on individuals 4.20 but may be treated as directory information if the same 4.21 procedures that are used by a school district to designate 4.22 student data as directory information under subdivision 5 are 4.23 followed. 4.24 Sec. 4. Minnesota Statutes 1998, section 13.32, 4.25 subdivision 3, is amended to read: 4.26 Subd. 3. [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 4.27 Except as provided in subdivision 5, educational data is private 4.28 data on individuals and shall not be disclosed except as follows: 4.29 (a) Pursuant to section 13.05; 4.30 (b) Pursuant to a valid court order; 4.31 (c) Pursuant to a statute specifically authorizing access 4.32 to the private data; 4.33 (d) To disclose information in health and safety 4.34 emergencies pursuant to the provisions of United States Code, 4.35 title 20, section 1232g(b)(1)(I) and Code of Federal 4.36 Regulations, title 34, section 99.36 which are in effect on July5.1 1, 1993; 5.2 (e) Pursuant to the provisions of United States Code, title 5.3 20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 5.4 (b)(3) and Code of Federal Regulations, title 34, sections 5.5 99.31, 99.32, 99.33, 99.34, and 99.35 which are in effect on5.6 July 1, 1993; 5.7 (f) To appropriate health authorities to the extent 5.8 necessary to administer immunization programs and for bona fide 5.9 epidemiologic investigations which the commissioner of health 5.10 determines are necessary to prevent disease or disability to 5.11 individuals in the public educational agency or institution in 5.12 which the investigation is being conducted; 5.13 (g) When disclosure is required for institutions that 5.14 participate in a program under title IV of the Higher Education 5.15 Act, United States Code, title 20, chapter 1092 , in effect on5.16 July 1, 1993; 5.17 (h) To the appropriate school district officials to the 5.18 extent necessary under subdivision 6, annually to indicate the 5.19 extent and content of remedial instruction, including the 5.20 results of assessment testing and academic performance at a 5.21 post-secondary institution during the previous academic year by 5.22 a student who graduated from a Minnesota school district within 5.23 two years before receiving the remedial instruction; 5.24 (i) To appropriate authorities as provided in United States 5.25 Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern 5.26 the juvenile justice system and the ability of the system to 5.27 effectively serve, prior to adjudication, the student whose 5.28 records are released; provided that the authorities to whom the 5.29 data are released submit a written request for the data that 5.30 certifies that the data will not be disclosed to any other 5.31 person except as authorized by law without the written consent 5.32 of the parent of the student and the request and a record of the 5.33 release are maintained in the student's file; or5.34 (j) To volunteers who are determined to have a legitimate 5.35 educational interest in the data and who are conducting 5.36 activities and events sponsored by or endorsed by the 6.1 educational agency or institution for students or former 6.2 students; 6.3 (k) To provide student recruiting information, from 6.4 educational data held by colleges and universities, as required 6.5 by and subject to Code of Federal Regulations, title 32, section 6.6 216; or 6.7 (l) To the juvenile justice system if information about the 6.8 behavior of a student who poses a risk of harm is reasonably 6.9 necessary to protect the health or safety of the student or 6.10 other individuals. 6.11 Sec. 5. [13.442] [BUILDING CODE VIOLATIONS.] 6.12 Code violation records pertaining to a particular parcel of 6.13 real property and the buildings, improvements, and dwelling 6.14 units located on it that are kept by any state, county, or city 6.15 agency charged by the governing body of the appropriate 6.16 political subdivision with the responsibility for enforcing a 6.17 state, county, or city health, housing, building, fire 6.18 prevention, or housing maintenance code are public data; except 6.19 as otherwise provided by section 13.39, subdivision 2; 13.44; or 6.20 13.82, subdivision 5. 6.21 Sec. 6. Minnesota Statutes 1998, section 13.43, is amended 6.22 by adding a subdivision to read: 6.23 Subd. 13. [DISSEMINATION OF DATA TO DEPARTMENT OF ECONOMIC 6.24 SECURITY.] Private personnel data must be disclosed to the 6.25 department of economic security for the purpose of 6.26 administration of the reemployment insurance program under 6.27 chapter 268. 6.28 Sec. 7. Minnesota Statutes 1998, section 13.47, is amended 6.29 to read: 6.30 13.47 [EMPLOYMENT AND TRAINING DATA.] 6.31 Subdivision 1. [DEFINITION.] (a) "Employment and training 6.32 data" means data on individuals collected, maintained, used, or 6.33 disseminated because an individual applies for, is currently 6.34 enrolled in, or has been enrolled in employment and training 6.35 programs funded with federal, state, or local resources, 6.36 including those provided under the Workforce Investment Act of 7.1 1998, United States Code, title 29, section 2801. 7.2 (b) "Employment and training service provider" means an 7.3 administrativeentity certified, or seeking to be certified, by 7.4 the commissioner of economic security to deliver employment and 7.5 training services under section 268.0122, subdivision 3, or an 7.6 organization that contracts with a certified administrative7.7 entity or the department of economic security to deliver 7.8 employment and training services. 7.9 (c) "Provider of training services" means an organization 7.10 or entity that provides training under the Workforce Investment 7.11 Act of 1998, United States Code, title 29, section 2801. 7.12 Subd. 2. [CLASSIFICATION.] Employment and training data 7.13 are private data on individuals. 7.14 Subd. 3. [DISSEMINATION.] Employment and training data may 7.15 be disseminated by employment and training service providers: 7.16 (a) to other employment and training service providers to 7.17 coordinate the employment and training services for the data 7.18 subject or to determine eligibility or suitability for services 7.19 from other programs; 7.20 (b) to local and state welfare agencies for monitoring the 7.21 eligibility of the participant for assistance programs, or for 7.22 any employment or training program administered by those 7.23 agencies; and 7.24 (c) to the commissioner of economic security. 7.25 Subd. 4. [DATA PREPARATION.] To produce data required to 7.26 certify the eligibility of training service providers under 7.27 section 268.0122, subdivision 3, clause (7), the Workforce 7.28 Investment Act of 1998, United States Code, title 29, section 7.29 2801, or other studies required by law, the commissioner of 7.30 economic security, in consultation with the governor's workforce 7.31 development council, may: 7.32 (1) enter into a data exchange agreement with a training 7.33 service provider whereby the commissioner of economic security 7.34 shall furnish to the provider wage information under section 7.35 268.044 on individuals who have received training services from 7.36 the provider. The provider shall use this wage information to 8.1 prepare summary data determined necessary by the commissioner in 8.2 consultation with the governor's workforce development council. 8.3 The provider may use this wage information for conducting 8.4 studies to improve instruction; or 8.5 (2) if there is no agreement under clause (1), require the 8.6 training service provider to furnish employment and training 8.7 data determined necessary by the commissioner in consultation 8.8 with the governor's workforce development council. 8.9 Subd. 5. [SUMMARY DATA.] The commissioner of economic 8.10 security shall provide the training service providers, as well 8.11 as make available to the public, summary data on the performance 8.12 of the training services. 8.13 Sec. 8. [13.491] [RIDESHARE DATA.] 8.14 The following data on participants, collected by the 8.15 Minnesota department of transportation and the metropolitan 8.16 council to administer rideshare programs, are classified as 8.17 private under section 13.02, subdivision 12: residential 8.18 address and telephone number; beginning and ending work hours; 8.19 current mode of commuting to and from work; and type of 8.20 rideshare service information requested. 8.21 Sec. 9. [13.612] [MUNICIPAL UTILITY CUSTOMER DATA.] 8.22 Data on customers of municipal electric utilities are 8.23 private data on individuals or nonpublic data, but may be 8.24 released to: 8.25 (1) a law enforcement agency that requests access to the 8.26 data in connection with an investigation; 8.27 (2) a school for purposes of compiling pupil census data; 8.28 (3) the metropolitan council for use in studies or analyses 8.29 required by law; 8.30 (4) a public child support authority for purposes of 8.31 establishing or enforcing child support; or 8.32 (5) a person where use of the data directly advances the 8.33 general welfare, health, or safety of the public; the 8.34 commissioner of administration may issue advisory opinions 8.35 construing this clause pursuant to section 13.072. 8.36 Sec. 10. [13.772] [MINNESOTA POLLUTION CONTROL AGENCY 9.1 DATA.] 9.2 Data that identify specific locations within the state 9.3 where intensive and global survey site investigations are under 9.4 way, or are determined by the Minnesota pollution control agency 9.5 as appropriate for studying the cause of malformations in frogs, 9.6 are nonpublic data until the agency determines that it will not 9.7 investigate or has completed its scientific investigation at the 9.8 reported abnormal frog site. 9.9 Sec. 11. Minnesota Statutes 1998, section 15.17, 9.10 subdivision 1, is amended to read: 9.11 Subdivision 1. [MUST BE KEPT.] All officers and agencies 9.12 of the state, counties, cities, towns, school districts, 9.13 municipal subdivisions or corporations, or other public 9.14 authorities or political entities within the state, hereinafter 9.15 "public officer," shall make and preserve all records necessary 9.16 to a full and accurate knowledge of their official 9.17 activities. Government records may be produced in the form of 9.18 computerized records. All government records shall be made on a 9.19 physical medium of a quality to insure permanent records. Every 9.20 public officer is empowered to reproduce records if the records 9.21 are not deemed to be of permanent or archival value by the 9.22 commissioner of administration and the records disposition panel 9.23 under section 138.17. The public officer is empowered to 9.24 reproduce these records by any photographic, photostatic, 9.25 microphotographic, optical disk imaging system, microfilming, or 9.26 other reproduction method that clearly and accurately reproduces 9.27 the records. If a record is deemed to be of permanent or 9.28 archival value, any reproduction of the record must meet 9.29 archival standards specified by the Minnesota historical society 9.30 provided, however, that this section does not prohibit the use 9.31 of nonerasable optical imaging systems for the preservation of 9.32 archival records without the preservation of paper or microfilm 9.33 copies. Each public officer may order that those photographs, 9.34 photostats, microphotographs, microfilms, optical images, or 9.35 other reproductions, be substituted for the originals of them. 9.36 The public officer may direct the destruction or sale for 10.1 salvage or other disposition of the originals from which they 10.2 were made, in accordance with the disposition requirements of 10.3 section 138.17. Photographs, photostats, microphotographs, 10.4 microfilms, optical images, or other reproductions are for all 10.5 purposes deemed the original recording of the papers, books, 10.6 documents, and records reproduced when so ordered by any public 10.7 officer and are admissible as evidence in all courts and 10.8 proceedings of every kind. A facsimile or exemplified or 10.9 certified copy of a photograph, photostat, microphotograph, 10.10 microfilm, optical image, or other reproduction, or an 10.11 enlargement or reduction of it, has the same effect and weight 10.12 as evidence as would a certified or exemplified copy of the 10.13 original. 10.14 Sec. 12. Minnesota Statutes 1998, section 15.17, 10.15 subdivision 2, is amended to read: 10.16 Subd. 2. [RESPONSIBILITY FOR RECORDS.] The chief 10.17 administrative officer of each public agency shall be 10.18 responsible for the preservation and care of the agency's 10.19 government records, which shall include written or printed 10.20 books, papers, letters, contracts, documents, maps, 10.21 plans, computer-based data, and other records made or received 10.22 pursuant to law or in connection with the transaction of public 10.23 business. It shall be the duty of each agency, and of its chief 10.24 administrative officer, to carefully protect and preserve 10.25 government records from deterioration, mutilation, loss, or 10.26 destruction. Records or record books may be repaired, 10.27 renovated, or rebound when necessary to preserve them properly. 10.28 Sec. 13. Minnesota Statutes 1998, section 141.30, is 10.29 amended to read: 10.30 141.30 [INSPECTION.] 10.31 (a) The office or a delegate may inspect the instructional 10.32 books and records, classrooms, dormitories, tools, equipment and 10.33 classes of any school or applicant for license at any reasonable 10.34 time. The office may require the submission of a certified 10.35 public audit, or if there is no such audit available the office 10.36 or a delegate may inspect the financial books and records of the 11.1 school. In no event shall such financial information be used by 11.2 the office to regulate or set the tuition or fees charged by the 11.3 school. 11.4 (b) No agent or employee of the state of Minnesota shall11.5 divulge to any person other than a member of the office, or duly11.6 constituted law enforcement official, any data obtained from an11.7 inspection of the financial records of a school, except in11.8 connection with a legal or administrative proceeding commenced11.9 to enforce a requirement of law.Data obtained from an 11.10 inspection of the financial records of a school are nonpublic 11.11 data as defined in section 13.02, subdivision 9. Data obtained 11.12 from inspections may be disclosed to other members of the 11.13 office, to law enforcement officials, or in connection with a 11.14 legal or administrative proceeding commenced to enforce a 11.15 requirement of law. 11.16 Sec. 14. Minnesota Statutes 1998, section 181.932, 11.17 subdivision 2, is amended to read: 11.18 Subd. 2. [DISCLOSURE OF IDENTITY.] No public official or11.19 law enforcement official shall disclose, or cause to disclose,11.20 The identity of any employee making a report or providing11.21 informationto a governmental body or law enforcement official 11.22 under subdivision 1 without the employee's consent unless the11.23 investigator determines that disclosure is necessary for11.24 prosecution., clause (a) or (d), is private data on individuals 11.25 as defined in section 13.02. The identity of an employee 11.26 providing information under subdivision 1, clause (b), is 11.27 private data on individuals if: 11.28 (1) the employee would not have provided the information 11.29 without an assurance that the employee's identity would remain 11.30 private, because of a concern that the employer would commit an 11.31 action prohibited under subdivision 1 or that the employee would 11.32 be subject to some other form of retaliation; or 11.33 (2) the state agency, statewide system, or political 11.34 subdivision reasonably believes that the employee would not have 11.35 provided the data because of that concern. 11.36 If the disclosure is necessary for prosecution, the 12.1 identity of the employee may be disclosed but the employee shall 12.2 be informed prior to the disclosure. 12.3 Sec. 15. Minnesota Statutes 1998, section 270B.03, 12.4 subdivision 1, is amended to read: 12.5 Subdivision 1. [WHO MAY INSPECT.] Returns and return 12.6 information must, on writtenrequest, be made open to inspection 12.7 by or disclosure to the data subject. The request must be made 12.8 in writing or in accordance with written procedures of the chief 12.9 disclosure officer of the department that have been approved by 12.10 the commissioner to establish the identification of the person 12.11 making the request as the data subject. For purposes of this 12.12 chapter, the following are the data subject: 12.13 (1) in the case of an individual return, that individual; 12.14 (2) in the case of an income tax return filed jointly, 12.15 either of the individuals with respect to whom the return is 12.16 filed; 12.17 (3) in the case of a partnership return, any person who was 12.18 a member of the partnership during any part of the period 12.19 covered by the return; 12.20 (4) in the case of the return of a corporation or its 12.21 subsidiary: 12.22 (i) any person designated by resolution of the board of 12.23 directors or other similar governing body; 12.24 (ii) any officer or employee of the corporation upon 12.25 written request signed by any officer and attested to by the 12.26 secretary or another officer; 12.27 (iii) any bona fide shareholder of record owning one 12.28 percent or more of the outstanding stock of the corporation; 12.29 (iv) if the corporation is a corporation that has made an 12.30 election under section 1362 of the Internal Revenue Code of 12.31 1986, as amended through December 31, 1988, any person who was a 12.32 shareholder during any part of the period covered by the return 12.33 during which an election was in effect; or 12.34 (v) if the corporation has been dissolved, any person 12.35 authorized by state law to act for the corporation or any person 12.36 who would have been authorized if the corporation had not been 13.1 dissolved; 13.2 (5) in the case of an estate return: 13.3 (i) the personal representative or trustee of the estate; 13.4 and 13.5 (ii) any beneficiary of the estate as shown on the federal 13.6 estate tax return; 13.7 (6) in the case of a trust return: 13.8 (i) the trustee or trustees, jointly or separately; and 13.9 (ii) any beneficiary of the trust as shown in the trust 13.10 instrument; 13.11 (7) if liability has been assessed to a transferee under 13.12 section 289A.31, subdivision 3, the transferee is the data 13.13 subject with regard to the returns and return information 13.14 relating to the assessed liability; 13.15 (8) in the case of an Indian tribal government or an Indian 13.16 tribal government-owned entity, 13.17 (i) the chair of the tribal government, or 13.18 (ii) any person authorized by the tribal government; and 13.19 (9) in the case of a successor as defined in section 13.20 270.102, subdivision 1, paragraph (b), the successor is the data 13.21 subject and information may be disclosed as provided by section 13.22 270.102, subdivision 4. 13.23 Sec. 16. Minnesota Statutes 1998, section 270B.03, 13.24 subdivision 5, is amended to read: 13.25 Subd. 5. [ATTORNEY IN FACT.] Any return or return 13.26 information to which this section applies is , upon written13.27 request,open to inspection by or disclosure to the attorney in 13.28 fact duly authorized in a writing signed by the data subject or 13.29 to the person or persons designated by the data subject in a 13.30 writtenrequest for or consent to the disclosure. The request 13.31 must be made in writing or in accordance with written procedures 13.32 of the chief disclosure officer of the department that have been 13.33 approved by the commissioner to establish the identification of 13.34 the person making the request as the data subject. 13.35 Sec. 17. Minnesota Statutes 1998, section 270B.14, 13.36 subdivision 1, is amended to read: 14.1 Subdivision 1. [DISCLOSURE TO COMMISSIONER OF HUMAN 14.2 SERVICES.] (a) On the request of the commissioner of human 14.3 services, the commissioner shall disclose return information 14.4 regarding taxes imposed by chapter 290, and claims for refunds 14.5 under chapter 290A, to the extent provided in paragraph (b) and 14.6 for the purposes set forth in paragraph (c). 14.7 (b) Data that may be disclosed are limited to data relating 14.8 to the identity, whereabouts, employment, income, and property 14.9 of a person owing or alleged to be owing an obligation of child 14.10 support. 14.11 (c) The commissioner of human services may request data 14.12 only for the purposes of carrying out the child support 14.13 enforcement program and to assist in the location of parents who 14.14 have, or appear to have, deserted their children. Data received 14.15 may be used only as set forth in section 256.978. 14.16 (d) The commissioner shall provide the records and 14.17 information necessary to administer the supplemental housing 14.18 allowance to the commissioner of human services. 14.19 (e) At the request of the commissioner of human services, 14.20 the commissioner of revenue shall electronically match the 14.21 social security numbers and names of participants in the 14.22 telephone assistance plan operated under sections 237.69 to 14.23 237.711, with those of property tax refund filers, and determine 14.24 whether each participant's household income is within the 14.25 eligibility standards for the telephone assistance plan. 14.26 (f) The commissioner may provide records and information 14.27 collected under sections 295.50 to 295.59 to the commissioner of 14.28 human services for purposes of the Medicaid Voluntary 14.29 Contribution and Provider-Specific Tax Amendments of 1991, 14.30 Public Law Number 102-234. Upon the written agreement by the 14.31 United States Department of Health and Human Services to 14.32 maintain the confidentiality of the data, the commissioner may 14.33 provide records and information collected under sections 295.50 14.34 to 295.59 to the Health Care Financing Administration section of 14.35 the United States Department of Health and Human Services for 14.36 purposes of meeting federal reporting requirements. 15.1 (g) The commissioner may provide records and information to 15.2 the commissioner of human services as necessary to administer 15.3 the early refund of refundable tax credits. 15.4 (h) The commissioner may disclose information to the 15.5 commissioner of human services necessary to verify income for 15.6 eligibility and premium payment under the MinnesotaCare program, 15.7 under section 256L.05, subdivision 2. 15.8 (i) The commissioner may disclose information to the 15.9 commissioner of human services necessary to verify whether 15.10 applicants or recipients for the Minnesota family investment 15.11 program, general assistance, food stamps, and Minnesota 15.12 supplemental aid program have claimed refundable tax credits 15.13 under chapter 290 and the property tax refund under chapter 15.14 290A, and the amounts of the credits. 15.15 Sec. 18. Minnesota Statutes 1998, section 270B.14, is 15.16 amended by adding a subdivision to read: 15.17 Subd. 17. [DISCLOSURE TO DEPARTMENT OF COMMERCE.] The 15.18 commissioner may disclose to the commissioner of commerce 15.19 information required to administer the Uniform Disposition of 15.20 Unclaimed Property Act in sections 345.31 to 345.60, including 15.21 the social security numbers of the taxpayers whose refunds are 15.22 on the report of abandoned property submitted by the 15.23 commissioner to the commissioner of commerce under section 15.24 345.41. Except for data published under section 345.42, the 15.25 information received that is private or nonpublic data retains 15.26 its classification, and can be used by the commissioner of 15.27 commerce only for the purpose of verifying that the persons 15.28 claiming the refunds are the owners. 15.29 Sec. 19. Minnesota Statutes 1998, section 273.124, 15.30 subdivision 13, is amended to read: 15.31 Subd. 13. [HOMESTEAD APPLICATION.] (a) A person who meets 15.32 the homestead requirements under subdivision 1 must file a 15.33 homestead application with the county assessor to initially 15.34 obtain homestead classification. 15.35 (b) On or before January 2, 1993, each county assessor 15.36 shall mail a homestead application to the owner of each parcel 16.1 of property within the county which was classified as homestead 16.2 for the 1992 assessment year. The format and contents of a 16.3 uniform homestead application shall be prescribed by the 16.4 commissioner of revenue. The commissioner shall consult with 16.5 the chairs of the house and senate tax committees on the 16.6 contents of the homestead application form. The application 16.7 must clearly inform the taxpayer that this application must be 16.8 signed by all owners who occupy the property or by the 16.9 qualifying relative and returned to the county assessor in order 16.10 for the property to continue receiving homestead treatment. The 16.11 envelope containing the homestead application shall clearly 16.12 identify its contents and alert the taxpayer of its necessary 16.13 immediate response. 16.14 (c) Every property owner applying for homestead 16.15 classification must furnish to the county assessor the social 16.16 security number of each occupant who is listed as an owner of 16.17 the property on the deed of record, the name and address of each 16.18 owner who does not occupy the property, and the name and social 16.19 security number of each owner's spouse who occupies the 16.20 property. The application must be signed by each owner who 16.21 occupies the property and by each owner's spouse who occupies 16.22 the property, or, in the case of property that qualifies as a 16.23 homestead under subdivision 1, paragraph (c), by the qualifying 16.24 relative. 16.25 If a property owner occupies a homestead, the property 16.26 owner's spouse may not claim another property as a homestead 16.27 unless the property owner and the property owner's spouse file 16.28 with the assessor an affidavit or other proof required by the 16.29 assessor stating that the property qualifies as a homestead 16.30 under subdivision 1, paragraph (e). 16.31 Owners or spouses occupying residences owned by their 16.32 spouses and previously occupied with the other spouse, either of 16.33 whom fail to include the other spouse's name and social security 16.34 number on the homestead application or provide the affidavits or 16.35 other proof requested, will be deemed to have elected to receive 16.36 only partial homestead treatment of their residence. The 17.1 remainder of the residence will be classified as nonhomestead 17.2 residential. When an owner or spouse's name and social security 17.3 number appear on homestead applications for two separate 17.4 residences and only one application is signed, the owner or 17.5 spouse will be deemed to have elected to homestead the residence 17.6 for which the application was signed. 17.7 The social security numbers or affidavits or other proofs 17.8 of the property owners and spouses are private data on 17.9 individuals as defined by section 13.02, subdivision 12, but, 17.10 notwithstanding that section, the private data may be disclosed 17.11 to the commissioner of revenue, or, for purposes of proceeding 17.12 under the Revenue Recapture Act to recover personal property 17.13 taxes owing, to the county treasurer. 17.14 (d) If residential real estate is occupied and used for 17.15 purposes of a homestead by a relative of the owner and qualifies 17.16 for a homestead under subdivision 1, paragraph (c), in order for 17.17 the property to receive homestead status, a homestead 17.18 application must be filed with the assessor. The social 17.19 security number of each relative occupying the property and the 17.20 social security number of each owner who is related to an 17.21 occupant of the property shall be required on the homestead 17.22 application filed under this subdivision. If a different 17.23 relative of the owner subsequently occupies the property, the 17.24 owner of the property must notify the assessor within 30 days of 17.25 the change in occupancy. The social security number of a 17.26 relative occupying the property is private data on individuals 17.27 as defined by section 13.02, subdivision 12, but may be 17.28 disclosed to the commissioner of revenue. 17.29 (e) The homestead application shall also notify the 17.30 property owners that the application filed under this section 17.31 will not be mailed annually and that if the property is granted 17.32 homestead status for the 1993 assessment, or any assessment year 17.33 thereafter, that same property shall remain classified as 17.34 homestead until the property is sold or transferred to another 17.35 person, or the owners, the spouse of the owner, or the relatives 17.36 no longer use the property as their homestead. Upon the sale or 18.1 transfer of the homestead property, a certificate of value must 18.2 be timely filed with the county auditor as provided under 18.3 section 272.115. Failure to notify the assessor within 30 days 18.4 that the property has been sold, transferred, or that the owner, 18.5 the spouse of the owner, or the relative is no longer occupying 18.6 the property as a homestead, shall result in the penalty 18.7 provided under this subdivision and the property will lose its 18.8 current homestead status. 18.9 (f) If the homestead application is not returned within 30 18.10 days, the county will send a second application to the present 18.11 owners of record. The notice of proposed property taxes 18.12 prepared under section 275.065, subdivision 3, shall reflect the 18.13 property's classification. Beginning with assessment year 1993 18.14 for all properties, if a homestead application has not been 18.15 filed with the county by December 15, the assessor shall 18.16 classify the property as nonhomestead for the current assessment 18.17 year for taxes payable in the following year, provided that the 18.18 owner may be entitled to receive the homestead classification by 18.19 proper application under section 375.192. 18.20 (g) At the request of the commissioner, each county must 18.21 give the commissioner a list that includes the name and social 18.22 security number of each property owner and the property owner's 18.23 spouse occupying the property, or relative of a property owner, 18.24 applying for homestead classification under this subdivision. 18.25 The commissioner shall use the information provided on the lists 18.26 as appropriate under the law, including for the detection of 18.27 improper claims by owners, or relatives of owners, under chapter 18.28 290A. 18.29 (h) If the commissioner finds that a property owner may be 18.30 claiming a fraudulent homestead, the commissioner shall notify 18.31 the appropriate counties. Within 90 days of the notification, 18.32 the county assessor shall investigate to determine if the 18.33 homestead classification was properly claimed. If the property 18.34 owner does not qualify, the county assessor shall notify the 18.35 county auditor who will determine the amount of homestead 18.36 benefits that had been improperly allowed. For the purpose of 19.1 this section, "homestead benefits" means the tax reduction 19.2 resulting from the classification as a homestead under section 19.3 273.13, the taconite homestead credit under section 273.135, and 19.4 the supplemental homestead credit under section 273.1391. 19.5 The county auditor shall send a notice to the person who 19.6 owned the affected property at the time the homestead 19.7 application related to the improper homestead was filed, 19.8 demanding reimbursement of the homestead benefits plus a penalty 19.9 equal to 100 percent of the homestead benefits. The person 19.10 notified may appeal the county's determination by serving copies 19.11 of a petition for review with county officials as provided in 19.12 section 278.01 and filing proof of service as provided in 19.13 section 278.01 with the Minnesota tax court within 60 days of 19.14 the date of the notice from the county. Procedurally, the 19.15 appeal is governed by the provisions in chapter 271 which apply 19.16 to the appeal of a property tax assessment or levy, but without 19.17 requiring any prepayment of the amount in controversy. If the 19.18 amount of homestead benefits and penalty is not paid within 60 19.19 days, and if no appeal has been filed, the county auditor shall 19.20 certify the amount of taxes and penalty to the county 19.21 treasurer. The county treasurer will add interest to the unpaid 19.22 homestead benefits and penalty amounts at the rate provided in 19.23 section 279.03 for real property taxes becoming delinquent in 19.24 the calendar year during which the amount remains unpaid. 19.25 Interest may be assessed for the period beginning 60 days after 19.26 demand for payment was made. 19.27 If the person notified is the current owner of the 19.28 property, the treasurer may add the total amount of benefits, 19.29 penalty, interest, and costs to the ad valorem taxes otherwise 19.30 payable on the property by including the amounts on the property 19.31 tax statements under section 276.04, subdivision 3. The amounts 19.32 added under this paragraph to the ad valorem taxes shall include 19.33 interest accrued through December 31 of the year preceding the 19.34 taxes payable year for which the amounts are first added. These 19.35 amounts, when added to the property tax statement, become 19.36 subject to all the laws for the enforcement of real or personal 20.1 property taxes for that year, and for any subsequent year. 20.2 If the person notified is not the current owner of the 20.3 property, the treasurer may collect the amounts due under the 20.4 Revenue Recapture Act in chapter 270A, or use any of the powers 20.5 granted in sections 277.20 and 277.21 without exclusion, to 20.6 enforce payment of the benefits, penalty, interest, and costs, 20.7 as if those amounts were delinquent tax obligations of the 20.8 person who owned the property at the time the application 20.9 related to the improperly allowed homestead was filed. The 20.10 treasurer may relieve a prior owner of personal liability for 20.11 the benefits, penalty, interest, and costs, and instead extend 20.12 those amounts on the tax lists against the property as provided 20.13 in this paragraph to the extent that the current owner agrees in 20.14 writing. On all demands, billings, property tax statements, and 20.15 related correspondence, the county must list and state 20.16 separately the amounts of homestead benefits, penalty, interest 20.17 and costs being demanded, billed or assessed. 20.18 (i) Any amount of homestead benefits recovered by the 20.19 county from the property owner shall be distributed to the 20.20 county, city or town, and school district where the property is 20.21 located in the same proportion that each taxing district's levy 20.22 was to the total of the three taxing districts' levy for the 20.23 current year. Any amount recovered attributable to taconite 20.24 homestead credit shall be transmitted to the St. Louis county 20.25 auditor to be deposited in the taconite property tax relief 20.26 account. Any amount recovered that is attributable to 20.27 supplemental homestead credit is to be transmitted to the 20.28 commissioner of revenue for deposit in the general fund of the 20.29 state treasury. The total amount of penalty collected must be 20.30 deposited in the county general fund. 20.31 (j) If a property owner has applied for more than one 20.32 homestead and the county assessors cannot determine which 20.33 property should be classified as homestead, the county assessors 20.34 will refer the information to the commissioner. The 20.35 commissioner shall make the determination and notify the 20.36 counties within 60 days. 21.1 (k) In addition to lists of homestead properties, the 21.2 commissioner may ask the counties to furnish lists of all 21.3 properties and the record owners. Social security numbers and 21.4 federal identification numbers maintained by a county or city 21.5 assessor for property tax administration purposes, that may 21.6 appear on the lists, may be used by the county auditor or 21.7 treasurer of the same county for the purpose of assisting the 21.8 commissioner in the preparation of microdata samples under 21.9 section 270.0681. 21.10 Sec. 20. [518.146] [SOCIAL SECURITY NUMBERS; TAX RETURNS; 21.11 IDENTITY PROTECTION.] 21.12 The social security numbers and tax returns required under 21.13 this chapter are not accessible to the public, except that they 21.14 must be disclosed to the other parties to a proceeding as 21.15 provided in section 518.551, subdivision 5b. 21.16 Sec. 21. [REPORT OF DATA PRACTICES LAWS.] 21.17 The responsible authority of each state agency shall 21.18 prepare a list that identifies all data practices laws codified 21.19 outside Minnesota Statutes, chapter 13, that are not referenced 21.20 in Minnesota Statutes, section 13.99. The list must be 21.21 submitted to the office of the revisor of statutes no later than 21.22 September 1, 1999, so that the revisor can complete the data 21.23 practices law recodification as required in section 22. 21.24 Sec. 22. [REVISOR INSTRUCTION; DATA PRACTICES LAW 21.25 RECODIFICATION.] 21.26 The revisor of statutes shall reorganize Minnesota 21.27 Statutes, chapter 13, to create a structure that provides users 21.28 with quick access to the data practices laws codified in chapter 21.29 13, and locates references to data practices laws codified 21.30 outside chapter 13 adjacent to their particular service area 21.31 codified in chapter 13. For purposes of this section, "data 21.32 practice laws codified outside chapter 13" includes both laws 21.33 that place restrictions on access to data and laws involving 21.34 data sharing. Service areas may include government entities 21.35 such as state agencies, cities, or school districts, or 21.36 functional areas such as education, law enforcement, human 22.1 services, or child protection. If there is no appropriate 22.2 service area in chapter 13, the revisor shall recodify the 22.3 provision in another logical and appropriate place in chapter 22.4 13. The revisor shall consult with the chairs of the data 22.5 practices subcommittees in the house of representatives and 22.6 senate, and legislative staff. The revisor shall include the 22.7 data practices recodification in the 2000 edition of Minnesota 22.8 Statutes. 22.9 Sec. 23. [REPEALER.] 22.10 Minnesota Statutes 1998, sections 13.72, subdivision 2; and 22.11 504A.595, are repealed. 1999 H.F. No. 2425, article 1, section 22.12 19, if enacted, is repealed. 22.13 Sec. 24. [EFFECTIVE DATE.] 22.14 Sections 4, 8, 15 to 19, 21, and 22 are effective the day 22.15 following final enactment.