HF 1503

as introduced - 88th Legislature (2013 - 2014) Posted on 03/13/2013 06:16pm

A bill for an act
relating to commerce; regulating data protection for victims of violence;
providing for protection of persons who operate a business out of the person's
home; amending Minnesota Statutes 2012, section 5B.03, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 5B.03, subdivision 1, is amended to read:

Subdivision 1.

Application.

new text begin (a) new text end The secretary of state shall certify an eligible person
as a program participant when the secretary receives an application that must contain:

(1) the name of the eligible person;

(2) a statement by the applicant that the applicant has good reason to believe (i) that
the eligible person listed on the application is a victim of domestic violence, sexual assault,
or stalking, (ii) that the eligible person fears for the person's safety or the safety of persons
on whose behalf the application is made, and (iii) that the eligible person is not applying
for certification as a program participant in order to avoid prosecution for a crime;

(3) a designation of the secretary of state as agent for purposes of service of process
and for the purpose of receipt of mail;

(4) the mailing address where the eligible person can be contacted by the secretary
of state, and the phone number or numbers where the applicant or eligible person can be
called by the secretary of state;

(5) the physical address or addresses of the eligible person, disclosure of which will
increase the risk of domestic violence, sexual assault, or stalking;

(6) a statement whether the eligible person would like information on becoming an
ongoing absentee ballot recipient pursuant to section 5B.06;

(7) a statement from the eligible person that gives the secretary of state consent to
confirm the eligible person's participation in Safe at Home to a third party who provides
the program participant's first and last name and Safe at Home lot number listed on the
program participant's card;

(8) the signature of the applicant, an indicator of the applicant's authority to act on
behalf of the eligible person, if appropriate, the name and signature of any individual or
representative of any person who assisted in the preparation of the application, and the
date on which the application was signed; and

(9) any other information as required by the secretary of state.

new text begin (b) As an alternative to paragraph (a), the secretary of state shall certify an eligible
person as a program participant when the secretary receives an application that must
contain all statements required under paragraph (a), except for the statement contained in
paragraph (a), clause (2), item (i), which must be replaced by a statement that the eligible
person operates a business out of the eligible person's home and that the eligible person
fears for the eligible person's safety and security if customers, suppliers, or other members
of the public come to the eligible person's home apparently or allegedly for business
purposes, but without an appointment or invitation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2013, and applies to
applications received on or after that date.
new text end