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1999 Minnesota Session Laws

Key: (1) language to be deleted (2) new language

                            CHAPTER 227-S.F.No. 653 
                  An act relating to government data practices; 
                  clarifying electronic access to data; classifying 
                  data; clarifying the status of data on parents held by 
                  educational entities; eliminating inconsistent 
                  language; authorizing dissemination of personnel data; 
                  authorizing sharing of certain data for tax 
                  administration purposes; changing deadlines for 
                  providing data; clarifying and modifying access to 
                  data on employees reporting violations of law; making 
                  certain rideshare program data on individuals private; 
                  providing for a recodification of data practices laws; 
                  amending Minnesota Statutes 1998, sections 13.03, 
                  subdivision 3; 13.04, subdivision 3; 13.32, 
                  subdivisions 2 and 3; 13.43, by adding a subdivision; 
                  13.47; 15.17, subdivisions 1 and 2; 141.30; 181.932, 
                  subdivision 2; 270B.03, subdivisions 1 and 5; 270B.14, 
                  subdivision 1, and by adding a subdivision; and 
                  273.124, subdivision 13; proposing coding for new law 
                  in Minnesota Statutes, chapters 13; and 518; repealing 
                  Minnesota Statutes 1998, sections 13.72, subdivision 
                  2; and 504A.595. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 13.03, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REQUEST FOR ACCESS TO DATA.] (a) Upon request to 
        a responsible authority or designee, a person shall be permitted 
        to inspect and copy public government data at reasonable times 
        and places, and, upon request, shall be informed of the data's 
        meaning.  If a person requests access for the purpose of 
        inspection, the responsible authority may not assess a charge or 
        require the requesting person to pay a fee to inspect data.  
           (b) For purposes of this section, "inspection" includes, 
        but is not limited to, the visual inspection of paper and 
        similar types of government data.  Inspection does not include 
        printing copies by the government entity, unless printing a copy 
        is the only method to provide for inspection of the data.  In 
        the case of data stored in electronic form and made available in 
        electronic form on a remote access basis to the public by the 
        government entity, inspection includes remote access to the data 
        by the public and the ability to print copies of or download the 
        data on the public's own computer equipment.  Nothing in this 
        section prohibits a government entity from charging a reasonable 
        fee for remote access to data under a specific statutory grant 
        of authority.  A government entity may charge a fee for remote 
        access to data where either the data or the access is enhanced 
        at the request of the person seeking access. 
           (c) The responsible authority or designee shall provide 
        copies of public data upon request.  If a person requests copies 
        or electronic transmittal of the data to the person, the 
        responsible authority may require the requesting person to pay 
        the actual costs of searching for and retrieving government 
        data, including the cost of employee time, and for making, 
        certifying, compiling, and electronically transmitting the 
        copies of the data or the data, but may not charge for 
        separating public from not public data.  If the responsible 
        authority or designee is not able to provide copies at the time 
        a request is made, copies shall be supplied as soon as 
        reasonably possible. 
           (d) When a request under this subdivision involves any 
        person's receipt of copies of public government data that has 
        commercial value and is a substantial and discrete portion of or 
        an entire formula, pattern, compilation, program, device, 
        method, technique, process, database, or system developed with a 
        significant expenditure of public funds by the agency, the 
        responsible authority may charge a reasonable fee for the 
        information in addition to the costs of making, certifying, and 
        compiling the copies.  Any fee charged must be clearly 
        demonstrated by the agency to relate to the actual development 
        costs of the information.  The responsible authority, upon the 
        request of any person, shall provide sufficient documentation to 
        explain and justify the fee being charged.  
           (e) If the responsible authority or designee determines 
        that the requested data is classified so as to deny the 
        requesting person access, the responsible authority or designee 
        shall inform the requesting person of the determination either 
        orally at the time of the request, or in writing as soon after 
        that time as possible, and shall cite the specific statutory 
        section, temporary classification, or specific provision of 
        federal law on which the determination is based.  Upon the 
        request of any person denied access to data, the responsible 
        authority or designee shall certify in writing that the request 
        has been denied and cite the specific statutory section, 
        temporary classification, or specific provision of federal law 
        upon which the denial was based.  
           Sec. 2.  Minnesota Statutes 1998, section 13.04, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ACCESS TO DATA BY INDIVIDUAL.] Upon request to a 
        responsible authority, an individual shall be informed whether 
        the individual is the subject of stored data on individuals, and 
        whether it is classified as public, private or confidential.  
        Upon further request, an individual who is the subject of stored 
        private or public data on individuals shall be shown the data 
        without any charge and, if desired, shall be informed of the 
        content and meaning of that data.  After an individual has been 
        shown the private data and informed of its meaning, the data 
        need not be disclosed to that individual for six months 
        thereafter unless a dispute or action pursuant to this section 
        is pending or additional data on the individual has been 
        collected or created.  The responsible authority shall provide 
        copies of the private or public data upon request by the 
        individual subject of the data.  The responsible authority may 
        require the requesting person to pay the actual costs of making, 
        certifying, and compiling the copies. 
           The responsible authority shall comply immediately, if 
        possible, with any request made pursuant to this subdivision, or 
        within five ten days of the date of the request, excluding 
        Saturdays, Sundays and legal holidays, if immediate compliance 
        is not possible.  If unable to comply with the request within 
        that time, the responsible authority shall so inform the 
        individual, and may have an additional five days within which to 
        comply with the request, excluding Saturdays, Sundays and legal 
        holidays. 
           Sec. 3.  Minnesota Statutes 1998, section 13.32, 
        subdivision 2, is amended to read: 
           Subd. 2.  [STUDENT HEALTH AND CENSUS DATA; DATA ON 
        PARENTS.] (a) Health data concerning students, including but not 
        limited to, data concerning immunizations, notations of special 
        physical or mental problems and records of school nurses are 
        educational data.  Access by parents to student health data 
        shall be pursuant to section 13.02, subdivision 8.  
           (b) Pupil census data, including emergency information, and 
        family information, and data concerning parents are educational 
        data. 
           (c) Data concerning parents are private data on individuals 
        but may be treated as directory information if the same 
        procedures that are used by a school district to designate 
        student data as directory information under subdivision 5 are 
        followed. 
           Sec. 4.  Minnesota Statutes 1998, section 13.32, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 
        Except as provided in subdivision 5, educational data is private 
        data on individuals and shall not be disclosed except as follows:
           (a) Pursuant to section 13.05; 
           (b) Pursuant to a valid court order; 
           (c) Pursuant to a statute specifically authorizing access 
        to the private data; 
           (d) To disclose information in health and safety 
        emergencies pursuant to the provisions of United States Code, 
        title 20, section 1232g(b)(1)(I) and Code of Federal 
        Regulations, title 34, section 99.36 which are in effect on July 
        1, 1993; 
           (e) Pursuant to the provisions of United States Code, title 
        20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 
        (b)(3) and Code of Federal Regulations, title 34, sections 
        99.31, 99.32, 99.33, 99.34, and 99.35 which are in effect on 
        July 1, 1993; 
           (f) To appropriate health authorities to the extent 
        necessary to administer immunization programs and for bona fide 
        epidemiologic investigations which the commissioner of health 
        determines are necessary to prevent disease or disability to 
        individuals in the public educational agency or institution in 
        which the investigation is being conducted; 
           (g) When disclosure is required for institutions that 
        participate in a program under title IV of the Higher Education 
        Act, United States Code, title 20, chapter 1092, in effect on 
        July 1, 1993; 
           (h) To the appropriate school district officials to the 
        extent necessary under subdivision 6, annually to indicate the 
        extent and content of remedial instruction, including the 
        results of assessment testing and academic performance at a 
        post-secondary institution during the previous academic year by 
        a student who graduated from a Minnesota school district within 
        two years before receiving the remedial instruction; 
           (i) To appropriate authorities as provided in United States 
        Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern 
        the juvenile justice system and the ability of the system to 
        effectively serve, prior to adjudication, the student whose 
        records are released; provided that the authorities to whom the 
        data are released submit a written request for the data that 
        certifies that the data will not be disclosed to any other 
        person except as authorized by law without the written consent 
        of the parent of the student and the request and a record of the 
        release are maintained in the student's file; or 
           (j) To volunteers who are determined to have a legitimate 
        educational interest in the data and who are conducting 
        activities and events sponsored by or endorsed by the 
        educational agency or institution for students or former 
        students; 
           (k) To provide student recruiting information, from 
        educational data held by colleges and universities, as required 
        by and subject to Code of Federal Regulations, title 32, section 
        216; or 
           (l) To the juvenile justice system if information about the 
        behavior of a student who poses a risk of harm is reasonably 
        necessary to protect the health or safety of the student or 
        other individuals. 
           Sec. 5.  [13.442] [BUILDING CODE VIOLATIONS.] 
           Code violation records pertaining to a particular parcel of 
        real property and the buildings, improvements, and dwelling 
        units located on it that are kept by any state, county, or city 
        agency charged by the governing body of the appropriate 
        political subdivision with the responsibility for enforcing a 
        state, county, or city health, housing, building, fire 
        prevention, or housing maintenance code are public data; except 
        as otherwise provided by section 13.39, subdivision 2; 13.44; or 
        13.82, subdivision 5. 
           Sec. 6.  Minnesota Statutes 1998, section 13.43, is amended 
        by adding a subdivision to read: 
           Subd. 13.  [DISSEMINATION OF DATA TO DEPARTMENT OF ECONOMIC 
        SECURITY.] Private personnel data must be disclosed to the 
        department of economic security for the purpose of 
        administration of the reemployment insurance program under 
        chapter 268. 
           Sec. 7.  Minnesota Statutes 1998, section 13.47, is amended 
        to read: 
           13.47 [EMPLOYMENT AND TRAINING DATA.] 
           Subdivision 1.  [DEFINITION.] (a) "Employment and training 
        data" means data on individuals collected, maintained, used, or 
        disseminated because an individual applies for, is currently 
        enrolled in, or has been enrolled in employment and training 
        programs funded with federal, state, or local resources, 
        including those provided under the Workforce Investment Act of 
        1998, United States Code, title 29, section 2801. 
           (b) "Employment and training service provider" means an 
        administrative entity certified, or seeking to be certified, by 
        the commissioner of economic security to deliver employment and 
        training services under section 268.0122, subdivision 3, or an 
        organization that contracts with a certified administrative 
        entity or the department of economic security to deliver 
        employment and training services. 
           (c) "Provider of training services" means an organization 
        or entity that provides training under the Workforce Investment 
        Act of 1998, United States Code, title 29, section 2801. 
           Subd. 2.  [CLASSIFICATION.] Employment and training data 
        are private data on individuals. 
           Subd. 3.  [DISSEMINATION.] Employment and training data may 
        be disseminated by employment and training service providers: 
           (a) to other employment and training service providers to 
        coordinate the employment and training services for the data 
        subject or to determine eligibility or suitability for services 
        from other programs; 
           (b) to local and state welfare agencies for monitoring the 
        eligibility of the participant for assistance programs, or for 
        any employment or training program administered by those 
        agencies; and 
           (c) to the commissioner of economic security. 
           Subd. 4.  [DATA PREPARATION.] To produce data required to 
        certify the eligibility of training service providers under 
        section 268.0122, subdivision 3, clause (7), the Workforce 
        Investment Act of 1998, United States Code, title 29, section 
        2801, or other studies required by law, the commissioner of 
        economic security, in consultation with the governor's workforce 
        development council, may: 
           (1) enter into a data exchange agreement with a training 
        service provider whereby the commissioner of economic security 
        shall furnish to the provider wage information under section 
        268.044 on individuals who have received training services from 
        the provider.  The provider shall use this wage information to 
        prepare summary data determined necessary by the commissioner in 
        consultation with the governor's workforce development council.  
        The provider may use this wage information for conducting 
        studies to improve instruction; or 
           (2) if there is no agreement under clause (1), require the 
        training service provider to furnish employment and training 
        data determined necessary by the commissioner in consultation 
        with the governor's workforce development council. 
           Subd. 5.  [SUMMARY DATA.] The commissioner of economic 
        security shall provide the training service providers, as well 
        as make available to the public, summary data on the performance 
        of the training services. 
           Sec. 8.  [13.491] [RIDESHARE DATA.] 
           The following data on participants, collected by the 
        Minnesota department of transportation and the metropolitan 
        council to administer rideshare programs, are classified as 
        private under section 13.02, subdivision 12:  residential 
        address and telephone number; beginning and ending work hours; 
        current mode of commuting to and from work; and type of 
        rideshare service information requested. 
           Sec. 9.  [13.612] [MUNICIPAL UTILITY CUSTOMER DATA.] 
           Data on customers of municipal electric utilities are 
        private data on individuals or nonpublic data, but may be 
        released to: 
           (1) a law enforcement agency that requests access to the 
        data in connection with an investigation; 
           (2) a school for purposes of compiling pupil census data; 
           (3) the metropolitan council for use in studies or analyses 
        required by law; 
           (4) a public child support authority for purposes of 
        establishing or enforcing child support; or 
           (5) a person where use of the data directly advances the 
        general welfare, health, or safety of the public; the 
        commissioner of administration may issue advisory opinions 
        construing this clause pursuant to section 13.072. 
           Sec. 10.  [13.772] [MINNESOTA POLLUTION CONTROL AGENCY 
        DATA.] 
           Data that identify specific locations within the state 
        where intensive and global survey site investigations are under 
        way, or are determined by the Minnesota pollution control agency 
        as appropriate for studying the cause of malformations in frogs, 
        are nonpublic data until the agency determines that it will not 
        investigate or has completed its scientific investigation at the 
        reported abnormal frog site. 
           Sec. 11.  Minnesota Statutes 1998, section 15.17, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MUST BE KEPT.] All officers and agencies 
        of the state, counties, cities, towns, school districts, 
        municipal subdivisions or corporations, or other public 
        authorities or political entities within the state, hereinafter 
        "public officer," shall make and preserve all records necessary 
        to a full and accurate knowledge of their official 
        activities.  Government records may be produced in the form of 
        computerized records.  All government records shall be made on a 
        physical medium of a quality to insure permanent records.  Every 
        public officer is empowered to reproduce records if the records 
        are not deemed to be of permanent or archival value by the 
        commissioner of administration and the records disposition panel 
        under section 138.17.  The public officer is empowered to 
        reproduce these records by any photographic, photostatic, 
        microphotographic, optical disk imaging system, microfilming, or 
        other reproduction method that clearly and accurately reproduces 
        the records.  If a record is deemed to be of permanent or 
        archival value, any reproduction of the record must meet 
        archival standards specified by the Minnesota historical society 
        provided, however, that this section does not prohibit the use 
        of nonerasable optical imaging systems for the preservation of 
        archival records without the preservation of paper or microfilm 
        copies.  Each public officer may order that those photographs, 
        photostats, microphotographs, microfilms, optical images, or 
        other reproductions, be substituted for the originals of them.  
        The public officer may direct the destruction or sale for 
        salvage or other disposition of the originals from which they 
        were made, in accordance with the disposition requirements of 
        section 138.17.  Photographs, photostats, microphotographs, 
        microfilms, optical images, or other reproductions are for all 
        purposes deemed the original recording of the papers, books, 
        documents, and records reproduced when so ordered by any public 
        officer and are admissible as evidence in all courts and 
        proceedings of every kind.  A facsimile or exemplified or 
        certified copy of a photograph, photostat, microphotograph, 
        microfilm, optical image, or other reproduction, or an 
        enlargement or reduction of it, has the same effect and weight 
        as evidence as would a certified or exemplified copy of the 
        original. 
           Sec. 12.  Minnesota Statutes 1998, section 15.17, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RESPONSIBILITY FOR RECORDS.] The chief 
        administrative officer of each public agency shall be 
        responsible for the preservation and care of the agency's 
        government records, which shall include written or printed 
        books, papers, letters, contracts, documents, maps, 
        plans, computer-based data, and other records made or received 
        pursuant to law or in connection with the transaction of public 
        business.  It shall be the duty of each agency, and of its chief 
        administrative officer, to carefully protect and preserve 
        government records from deterioration, mutilation, loss, or 
        destruction.  Records or record books may be repaired, 
        renovated, or rebound when necessary to preserve them properly. 
           Sec. 13.  Minnesota Statutes 1998, section 141.30, is 
        amended to read: 
           141.30 [INSPECTION.] 
           (a) The office or a delegate may inspect the instructional 
        books and records, classrooms, dormitories, tools, equipment and 
        classes of any school or applicant for license at any reasonable 
        time.  The office may require the submission of a certified 
        public audit, or if there is no such audit available the office 
        or a delegate may inspect the financial books and records of the 
        school.  In no event shall such financial information be used by 
        the office to regulate or set the tuition or fees charged by the 
        school.  
           (b) No agent or employee of the state of Minnesota shall 
        divulge to any person other than a member of the office, or duly 
        constituted law enforcement official, any data obtained from an 
        inspection of the financial records of a school, except in 
        connection with a legal or administrative proceeding commenced 
        to enforce a requirement of law.  Data obtained from an 
        inspection of the financial records of a school are nonpublic 
        data as defined in section 13.02, subdivision 9.  Data obtained 
        from inspections may be disclosed to other members of the 
        office, to law enforcement officials, or in connection with a 
        legal or administrative proceeding commenced to enforce a 
        requirement of law. 
           Sec. 14.  Minnesota Statutes 1998, section 181.932, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DISCLOSURE OF IDENTITY.] No public official or 
        law enforcement official shall disclose, or cause to disclose, 
        The identity of any employee making a report or providing 
        information to a governmental body or law enforcement official 
        under subdivision 1 without the employee's consent unless the 
        investigator determines that disclosure is necessary for 
        prosecution., clause (a) or (d), is private data on individuals 
        as defined in section 13.02.  The identity of an employee 
        providing information under subdivision 1, clause (b), is 
        private data on individuals if: 
           (1) the employee would not have provided the information 
        without an assurance that the employee's identity would remain 
        private, because of a concern that the employer would commit an 
        action prohibited under subdivision 1 or that the employee would 
        be subject to some other form of retaliation; or 
           (2) the state agency, statewide system, or political 
        subdivision reasonably believes that the employee would not have 
        provided the data because of that concern.  
           If the disclosure is necessary for prosecution, the 
        identity of the employee may be disclosed but the employee shall 
        be informed prior to the disclosure. 
           Sec. 15.  Minnesota Statutes 1998, section 270B.03, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [WHO MAY INSPECT.] Returns and return 
        information must, on written request, be made open to inspection 
        by or disclosure to the data subject.  The request must be made 
        in writing or in accordance with written procedures of the chief 
        disclosure officer of the department that have been approved by 
        the commissioner to establish the identification of the person 
        making the request as the data subject.  For purposes of this 
        chapter, the following are the data subject: 
           (1) in the case of an individual return, that individual; 
           (2) in the case of an income tax return filed jointly, 
        either of the individuals with respect to whom the return is 
        filed; 
           (3) in the case of a partnership return, any person who was 
        a member of the partnership during any part of the period 
        covered by the return; 
           (4) in the case of the return of a corporation or its 
        subsidiary: 
           (i) any person designated by resolution of the board of 
        directors or other similar governing body; 
           (ii) any officer or employee of the corporation upon 
        written request signed by any officer and attested to by the 
        secretary or another officer; 
           (iii) any bona fide shareholder of record owning one 
        percent or more of the outstanding stock of the corporation; 
           (iv) if the corporation is a corporation that has made an 
        election under section 1362 of the Internal Revenue Code of 
        1986, as amended through December 31, 1988, any person who was a 
        shareholder during any part of the period covered by the return 
        during which an election was in effect; or 
           (v) if the corporation has been dissolved, any person 
        authorized by state law to act for the corporation or any person 
        who would have been authorized if the corporation had not been 
        dissolved; 
           (5) in the case of an estate return: 
           (i) the personal representative or trustee of the estate; 
        and 
           (ii) any beneficiary of the estate as shown on the federal 
        estate tax return; 
           (6) in the case of a trust return: 
           (i) the trustee or trustees, jointly or separately; and 
           (ii) any beneficiary of the trust as shown in the trust 
        instrument; 
           (7) if liability has been assessed to a transferee under 
        section 289A.31, subdivision 3, the transferee is the data 
        subject with regard to the returns and return information 
        relating to the assessed liability; 
           (8) in the case of an Indian tribal government or an Indian 
        tribal government-owned entity, 
           (i) the chair of the tribal government, or 
           (ii) any person authorized by the tribal government; and 
           (9) in the case of a successor as defined in section 
        270.102, subdivision 1, paragraph (b), the successor is the data 
        subject and information may be disclosed as provided by section 
        270.102, subdivision 4.  
           Sec. 16.  Minnesota Statutes 1998, section 270B.03, 
        subdivision 5, is amended to read: 
           Subd. 5.  [ATTORNEY IN FACT.] Any return or return 
        information to which this section applies is, upon written 
        request, open to inspection by or disclosure to the attorney in 
        fact duly authorized in a writing signed by the data subject or 
        to the person or persons designated by the data subject in a 
        written request for or consent to the disclosure.  The request 
        must be made in writing or in accordance with written procedures 
        of the chief disclosure officer of the department that have been 
        approved by the commissioner to establish the identification of 
        the person making the request as the data subject. 
           Sec. 17.  Minnesota Statutes 1998, section 270B.14, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DISCLOSURE TO COMMISSIONER OF HUMAN 
        SERVICES.] (a) On the request of the commissioner of human 
        services, the commissioner shall disclose return information 
        regarding taxes imposed by chapter 290, and claims for refunds 
        under chapter 290A, to the extent provided in paragraph (b) and 
        for the purposes set forth in paragraph (c). 
           (b) Data that may be disclosed are limited to data relating 
        to the identity, whereabouts, employment, income, and property 
        of a person owing or alleged to be owing an obligation of child 
        support. 
           (c) The commissioner of human services may request data 
        only for the purposes of carrying out the child support 
        enforcement program and to assist in the location of parents who 
        have, or appear to have, deserted their children.  Data received 
        may be used only as set forth in section 256.978. 
           (d) The commissioner shall provide the records and 
        information necessary to administer the supplemental housing 
        allowance to the commissioner of human services.  
           (e) At the request of the commissioner of human services, 
        the commissioner of revenue shall electronically match the 
        social security numbers and names of participants in the 
        telephone assistance plan operated under sections 237.69 to 
        237.711, with those of property tax refund filers, and determine 
        whether each participant's household income is within the 
        eligibility standards for the telephone assistance plan. 
           (f) The commissioner may provide records and information 
        collected under sections 295.50 to 295.59 to the commissioner of 
        human services for purposes of the Medicaid Voluntary 
        Contribution and Provider-Specific Tax Amendments of 1991, 
        Public Law Number 102-234.  Upon the written agreement by the 
        United States Department of Health and Human Services to 
        maintain the confidentiality of the data, the commissioner may 
        provide records and information collected under sections 295.50 
        to 295.59 to the Health Care Financing Administration section of 
        the United States Department of Health and Human Services for 
        purposes of meeting federal reporting requirements.  
           (g) The commissioner may provide records and information to 
        the commissioner of human services as necessary to administer 
        the early refund of refundable tax credits. 
           (h) The commissioner may disclose information to the 
        commissioner of human services necessary to verify income for 
        eligibility and premium payment under the MinnesotaCare program, 
        under section 256L.05, subdivision 2. 
           (i) The commissioner may disclose information to the 
        commissioner of human services necessary to verify whether 
        applicants or recipients for the Minnesota family investment 
        program, general assistance, food stamps, and Minnesota 
        supplemental aid program have claimed refundable tax credits 
        under chapter 290 and the property tax refund under chapter 
        290A, and the amounts of the credits. 
           Sec. 18.  Minnesota Statutes 1998, section 270B.14, is 
        amended by adding a subdivision to read: 
           Subd. 17.  [DISCLOSURE TO DEPARTMENT OF COMMERCE.] The 
        commissioner may disclose to the commissioner of commerce 
        information required to administer the Uniform Disposition of 
        Unclaimed Property Act in sections 345.31 to 345.60, including 
        the social security numbers of the taxpayers whose refunds are 
        on the report of abandoned property submitted by the 
        commissioner to the commissioner of commerce under section 
        345.41.  Except for data published under section 345.42, the 
        information received that is private or nonpublic data retains 
        its classification, and can be used by the commissioner of 
        commerce only for the purpose of verifying that the persons 
        claiming the refunds are the owners. 
           Sec. 19.  Minnesota Statutes 1998, section 273.124, 
        subdivision 13, is amended to read: 
           Subd. 13.  [HOMESTEAD APPLICATION.] (a) A person who meets 
        the homestead requirements under subdivision 1 must file a 
        homestead application with the county assessor to initially 
        obtain homestead classification. 
           (b) On or before January 2, 1993, each county assessor 
        shall mail a homestead application to the owner of each parcel 
        of property within the county which was classified as homestead 
        for the 1992 assessment year.  The format and contents of a 
        uniform homestead application shall be prescribed by the 
        commissioner of revenue.  The commissioner shall consult with 
        the chairs of the house and senate tax committees on the 
        contents of the homestead application form.  The application 
        must clearly inform the taxpayer that this application must be 
        signed by all owners who occupy the property or by the 
        qualifying relative and returned to the county assessor in order 
        for the property to continue receiving homestead treatment.  The 
        envelope containing the homestead application shall clearly 
        identify its contents and alert the taxpayer of its necessary 
        immediate response. 
           (c) Every property owner applying for homestead 
        classification must furnish to the county assessor the social 
        security number of each occupant who is listed as an owner of 
        the property on the deed of record, the name and address of each 
        owner who does not occupy the property, and the name and social 
        security number of each owner's spouse who occupies the 
        property.  The application must be signed by each owner who 
        occupies the property and by each owner's spouse who occupies 
        the property, or, in the case of property that qualifies as a 
        homestead under subdivision 1, paragraph (c), by the qualifying 
        relative. 
           If a property owner occupies a homestead, the property 
        owner's spouse may not claim another property as a homestead 
        unless the property owner and the property owner's spouse file 
        with the assessor an affidavit or other proof required by the 
        assessor stating that the property qualifies as a homestead 
        under subdivision 1, paragraph (e). 
           Owners or spouses occupying residences owned by their 
        spouses and previously occupied with the other spouse, either of 
        whom fail to include the other spouse's name and social security 
        number on the homestead application or provide the affidavits or 
        other proof requested, will be deemed to have elected to receive 
        only partial homestead treatment of their residence.  The 
        remainder of the residence will be classified as nonhomestead 
        residential.  When an owner or spouse's name and social security 
        number appear on homestead applications for two separate 
        residences and only one application is signed, the owner or 
        spouse will be deemed to have elected to homestead the residence 
        for which the application was signed. 
           The social security numbers or affidavits or other proofs 
        of the property owners and spouses are private data on 
        individuals as defined by section 13.02, subdivision 12, but, 
        notwithstanding that section, the private data may be disclosed 
        to the commissioner of revenue, or, for purposes of proceeding 
        under the Revenue Recapture Act to recover personal property 
        taxes owing, to the county treasurer. 
           (d) If residential real estate is occupied and used for 
        purposes of a homestead by a relative of the owner and qualifies 
        for a homestead under subdivision 1, paragraph (c), in order for 
        the property to receive homestead status, a homestead 
        application must be filed with the assessor.  The social 
        security number of each relative occupying the property and the 
        social security number of each owner who is related to an 
        occupant of the property shall be required on the homestead 
        application filed under this subdivision.  If a different 
        relative of the owner subsequently occupies the property, the 
        owner of the property must notify the assessor within 30 days of 
        the change in occupancy.  The social security number of a 
        relative occupying the property is private data on individuals 
        as defined by section 13.02, subdivision 12, but may be 
        disclosed to the commissioner of revenue.  
           (e) The homestead application shall also notify the 
        property owners that the application filed under this section 
        will not be mailed annually and that if the property is granted 
        homestead status for the 1993 assessment, or any assessment year 
        thereafter, that same property shall remain classified as 
        homestead until the property is sold or transferred to another 
        person, or the owners, the spouse of the owner, or the relatives 
        no longer use the property as their homestead.  Upon the sale or 
        transfer of the homestead property, a certificate of value must 
        be timely filed with the county auditor as provided under 
        section 272.115.  Failure to notify the assessor within 30 days 
        that the property has been sold, transferred, or that the owner, 
        the spouse of the owner, or the relative is no longer occupying 
        the property as a homestead, shall result in the penalty 
        provided under this subdivision and the property will lose its 
        current homestead status. 
           (f) If the homestead application is not returned within 30 
        days, the county will send a second application to the present 
        owners of record.  The notice of proposed property taxes 
        prepared under section 275.065, subdivision 3, shall reflect the 
        property's classification.  Beginning with assessment year 1993 
        for all properties, if a homestead application has not been 
        filed with the county by December 15, the assessor shall 
        classify the property as nonhomestead for the current assessment 
        year for taxes payable in the following year, provided that the 
        owner may be entitled to receive the homestead classification by 
        proper application under section 375.192. 
           (g) At the request of the commissioner, each county must 
        give the commissioner a list that includes the name and social 
        security number of each property owner and the property owner's 
        spouse occupying the property, or relative of a property owner, 
        applying for homestead classification under this subdivision.  
        The commissioner shall use the information provided on the lists 
        as appropriate under the law, including for the detection of 
        improper claims by owners, or relatives of owners, under chapter 
        290A.  
           (h) If the commissioner finds that a property owner may be 
        claiming a fraudulent homestead, the commissioner shall notify 
        the appropriate counties.  Within 90 days of the notification, 
        the county assessor shall investigate to determine if the 
        homestead classification was properly claimed.  If the property 
        owner does not qualify, the county assessor shall notify the 
        county auditor who will determine the amount of homestead 
        benefits that had been improperly allowed.  For the purpose of 
        this section, "homestead benefits" means the tax reduction 
        resulting from the classification as a homestead under section 
        273.13, the taconite homestead credit under section 273.135, and 
        the supplemental homestead credit under section 273.1391. 
           The county auditor shall send a notice to the person who 
        owned the affected property at the time the homestead 
        application related to the improper homestead was filed, 
        demanding reimbursement of the homestead benefits plus a penalty 
        equal to 100 percent of the homestead benefits.  The person 
        notified may appeal the county's determination by serving copies 
        of a petition for review with county officials as provided in 
        section 278.01 and filing proof of service as provided in 
        section 278.01 with the Minnesota tax court within 60 days of 
        the date of the notice from the county.  Procedurally, the 
        appeal is governed by the provisions in chapter 271 which apply 
        to the appeal of a property tax assessment or levy, but without 
        requiring any prepayment of the amount in controversy.  If the 
        amount of homestead benefits and penalty is not paid within 60 
        days, and if no appeal has been filed, the county auditor shall 
        certify the amount of taxes and penalty to the county 
        treasurer.  The county treasurer will add interest to the unpaid 
        homestead benefits and penalty amounts at the rate provided in 
        section 279.03 for real property taxes becoming delinquent in 
        the calendar year during which the amount remains unpaid.  
        Interest may be assessed for the period beginning 60 days after 
        demand for payment was made. 
           If the person notified is the current owner of the 
        property, the treasurer may add the total amount of benefits, 
        penalty, interest, and costs to the ad valorem taxes otherwise 
        payable on the property by including the amounts on the property 
        tax statements under section 276.04, subdivision 3.  The amounts 
        added under this paragraph to the ad valorem taxes shall include 
        interest accrued through December 31 of the year preceding the 
        taxes payable year for which the amounts are first added.  These 
        amounts, when added to the property tax statement, become 
        subject to all the laws for the enforcement of real or personal 
        property taxes for that year, and for any subsequent year. 
           If the person notified is not the current owner of the 
        property, the treasurer may collect the amounts due under the 
        Revenue Recapture Act in chapter 270A, or use any of the powers 
        granted in sections 277.20 and 277.21 without exclusion, to 
        enforce payment of the benefits, penalty, interest, and costs, 
        as if those amounts were delinquent tax obligations of the 
        person who owned the property at the time the application 
        related to the improperly allowed homestead was filed.  The 
        treasurer may relieve a prior owner of personal liability for 
        the benefits, penalty, interest, and costs, and instead extend 
        those amounts on the tax lists against the property as provided 
        in this paragraph to the extent that the current owner agrees in 
        writing.  On all demands, billings, property tax statements, and 
        related correspondence, the county must list and state 
        separately the amounts of homestead benefits, penalty, interest 
        and costs being demanded, billed or assessed. 
           (i) Any amount of homestead benefits recovered by the 
        county from the property owner shall be distributed to the 
        county, city or town, and school district where the property is 
        located in the same proportion that each taxing district's levy 
        was to the total of the three taxing districts' levy for the 
        current year.  Any amount recovered attributable to taconite 
        homestead credit shall be transmitted to the St. Louis county 
        auditor to be deposited in the taconite property tax relief 
        account.  Any amount recovered that is attributable to 
        supplemental homestead credit is to be transmitted to the 
        commissioner of revenue for deposit in the general fund of the 
        state treasury.  The total amount of penalty collected must be 
        deposited in the county general fund. 
           (j) If a property owner has applied for more than one 
        homestead and the county assessors cannot determine which 
        property should be classified as homestead, the county assessors 
        will refer the information to the commissioner.  The 
        commissioner shall make the determination and notify the 
        counties within 60 days. 
           (k) In addition to lists of homestead properties, the 
        commissioner may ask the counties to furnish lists of all 
        properties and the record owners.  Social security numbers and 
        federal identification numbers maintained by a county or city 
        assessor for property tax administration purposes, that may 
        appear on the lists, may be used by the county auditor or 
        treasurer of the same county for the purpose of assisting the 
        commissioner in the preparation of microdata samples under 
        section 270.0681. 
           Sec. 20.  [518.146] [SOCIAL SECURITY NUMBERS; TAX RETURNS; 
        IDENTITY PROTECTION.] 
           The social security numbers and tax returns required under 
        this chapter are not accessible to the public, except that they 
        must be disclosed to the other parties to a proceeding as 
        provided in section 518.551, subdivision 5b. 
           Sec. 21.  [REPORT OF DATA PRACTICES LAWS.] 
           The responsible authority of each state agency shall 
        prepare a list that identifies all data practices laws codified 
        outside Minnesota Statutes, chapter 13, that are not referenced 
        in Minnesota Statutes, section 13.99.  The list must be 
        submitted to the office of the revisor of statutes no later than 
        September 1, 1999, so that the revisor can complete the data 
        practices law recodification as required in section 22. 
           Sec. 22.  [REVISOR INSTRUCTION; DATA PRACTICES LAW 
        RECODIFICATION.] 
           The revisor of statutes shall reorganize Minnesota 
        Statutes, chapter 13, to create a structure that provides users 
        with quick access to the data practices laws codified in chapter 
        13, and locates references to data practices laws codified 
        outside chapter 13 adjacent to their particular service area 
        codified in chapter 13.  For purposes of this section, "data 
        practice laws codified outside chapter 13" includes both laws 
        that place restrictions on access to data and laws involving 
        data sharing.  Service areas may include government entities 
        such as state agencies, cities, or school districts, or 
        functional areas such as education, law enforcement, human 
        services, or child protection.  If there is no appropriate 
        service area in chapter 13, the revisor shall recodify the 
        provision in another logical and appropriate place in chapter 
        13.  The revisor shall consult with the chairs of the data 
        practices subcommittees in the house of representatives and 
        senate, and legislative staff.  The revisor shall include the 
        data practices recodification in the 2000 edition of Minnesota 
        Statutes. 
           Sec. 23.  [REPEALER.] 
           Minnesota Statutes 1998, sections 13.72, subdivision 2; and 
        504A.595, are repealed.  1999 H.F. No. 2425, article 1, section 
        19, if enacted, is repealed. 
           Sec. 24.  [EFFECTIVE DATE.] 
           Sections 4, 8, 15 to 19, 21, and 22 are effective the day 
        following final enactment. 
           Presented to the governor May 21, 1999 
           Signed by the governor May 25, 1999, 3:38 p.m.

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