SF 653

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 five ten 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 within 
  4.4   that time, the responsible authority shall so inform the 
  4.5   individual, and may have an additional five days within which to 
  4.6   comply with the request, excluding Saturdays, Sundays and legal 
  4.7   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 parents are 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 July 
  5.1   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 on 
  5.6   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 on 
  5.16  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; or 
  5.34     (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   administrative entity 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 administrative 
  7.7   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 shall 
 11.5   divulge to any person other than a member of the office, or duly 
 11.6   constituted law enforcement official, any data obtained from an 
 11.7   inspection of the financial records of a school, except in 
 11.8   connection with a legal or administrative proceeding commenced 
 11.9   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 or 
 11.19  law enforcement official shall disclose, or cause to disclose, 
 11.20  The identity of any employee making a report or providing 
 11.21  information to a governmental body or law enforcement official 
 11.22  under subdivision 1 without the employee's consent unless the 
 11.23  investigator determines that disclosure is necessary for 
 11.24  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 written request, 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 written 
 13.27  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  written request 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.