Minnesota Legislature
HF 3659
as introduced - 91st Legislature (2019 - 2020) Posted on 02/24/2020 02:40pm
Current Version - as introduced
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A bill for an act
relating to government data; modifying certain Safe at Home provisions; amending
Minnesota Statutes 2018, section 13.045, subdivisions 1, 2, 3, 4a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 13.045, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
As used in this section:
(1) "program participant" has the meaning given in section 5B.02, paragraph (g);
(2) "location data" means deleted text begin anydeleted text end data new text begin the participant specifies new text end that may be used to physically
locate a program participant, deleted text begin including but not limited todeleted text end new text begin such as new text end the program participant's
residential address, work address, deleted text begin anddeleted text end new text begin or new text end school address, and that is collected, received, or
maintained by a government entity prior to the date a program participant's certification
expires, or the date the entity receives notice that the program participant has withdrawn
from the program, whichever is earlier;
(3) "identity data" means data that may be used to identify a program participant,
including the program participant's name, phone number, e-mail address, address designated
under chapter 5B, Social Security number, or driver's license number, and that is collected,
received, or maintained by a government entity before the date a program participant's
certification expires, or the date the entity receives notice that the program participant has
withdrawn from the program, whichever is earlier;
(4) "county recorder" means the county official who performs the functions of the county
recorder or registrar of titles to record a document as part of the county real estate document
recording system, regardless of title or office; and
(5) "real property records" means any record of data that is maintained deleted text begin by a countydeleted text end as
part of the county real estate document recording system for use by the publicnew text begin , data on
assessments, data on real or personal property taxation, and other data on real propertynew text end .
Sec. 2.
Minnesota Statutes 2018, section 13.045, subdivision 2, is amended to read:
Subd. 2.
Notification of certification.
(a) A program participant may deleted text begin submit a notice,
in writing, todeleted text end new text begin notify new text end the responsible authority of any government entity other than the county
recorder new text begin in writing, on a form prescribed by the secretary of state, new text end that the participant is
certified in the Safe at Home address confidentiality program pursuant to chapter 5B. The
notice must include the program participant's name, deleted text begin names of other program participants
in the household,deleted text end new text begin date of birth, new text end address designated under chapter 5B, program participant
signature, new text begin signature of the participant's parent or guardian if the participant is a minor, new text end date
the program participant's certification in the program expires, and any other information
specified by the secretary of state. A program participant may submit a subsequent notice
of certification, if the participant's certification is renewed. The contents of the notification
of certification are private data on individuals.new text begin A notice provided pursuant to this paragraph
is a request to protect location data unless the participant requests that specific identity data
also be protected.
new text end
(b) To affect real property records, deleted text begin including but not limited to documents maintained
in a public recording system, data on assessments and taxation, and other data on real
property,deleted text end a program participant must submit a real property notice in writing to the county
recorder in the county where the property identified in the real property notice is located.new text begin
To affect real property records maintained by any other government entity, a program
participant must also submit a real property notice in writing to the other government entity.new text end
A real property notice must be on a form prescribed by the secretary of state and must
include:
(1) the full legal name of the program participant, including middle name;
(2) the last four digits of the program participant's Social Security number;
new text begin
(3) the participant's date of birth;
new text end
deleted text begin (3)deleted text end new text begin (4) new text end the designated address of the program participant as assigned by the secretary of
state, including lot number;
deleted text begin
(4) the date the program participant's certification in the program expires;
deleted text end
(5) the legal description and street address, if any, of the real property affected by the
notice;
(6) the address of the Office of the Secretary of State; and
(7) the signature of the program participant.
Only one parcel of real property may be included in each notice, but more than one notice
may be presented to the county recorder. The county recorder may require a program
participant to provide additional information necessary to identify the records of the program
participant or the real property described in the notice. A program participant must submit
a subsequent real property notice for the real property if the participant's deleted text begin certification is
reneweddeleted text end new text begin legal name changesnew text end . The real property notice is private data on individuals.
Sec. 3.
Minnesota Statutes 2018, section 13.045, subdivision 3, is amended to read:
Subd. 3.
Classification of identity and location data; new text begin amendment of records; new text end sharing
and dissemination.
(a) Identity and location data deleted text begin ondeleted text end new text begin for which new text end a program participant deleted text begin who
submits a noticedeleted text end new text begin seeks protection new text end under subdivision 2, paragraph (a), that are not otherwise
classified by law are private data on individuals. deleted text begin Notwithstanding any provision of law to
the contrary, private or confidential location data on a program participant who submits a
notice under subdivision 2, paragraph (a), may not be shared with any other government
entity or nongovernmental entity except as provided in paragraph (b).
deleted text end
(b) deleted text begin Private or confidential location data on a program participant must not be shared or
disclosed by a government entitydeleted text end new text begin Notwithstanding any provision of law to the contrary,
private or confidential location data on a program participant who submits a notice under
subdivision 3, paragraph (a), may not be shared with any other government entity or
nongovernmental entity new text end unless:
(1) the program participant has expressly consented in writing to sharing or dissemination
of the data for the purpose for which the sharing or dissemination will occur;
(2) the data are subject to sharing or dissemination pursuant to court order under section
13.03, subdivision 6; or
(3) the data are subject to sharing pursuant to section 5B.07, subdivision 2;
(4) the location data related to county of residence are needed to provide public assistance
or other government services, or to allocate financial responsibility for the assistance or
services;
(5) the data are necessary to perform a government entity's health, safety, or welfare
functions, including the provision of emergency 911 services, the assessment and
investigation of child or vulnerable adult abuse or neglect, or the assessment or inspection
of services or locations for compliance with health, safety, or professional standards; or
(6) the data are necessary to aid an active law enforcement investigation of the program
participant.
(c) Data disclosed under paragraph (b), clauses (4) to (6), may be used only for the
purposes authorized in this subdivision and may not be further disclosed to any other person
or government entity. Government entities receiving or sharing private or confidential data
under this subdivision shall establish procedures to protect the data from further disclosure.
(d) Real property record data are governed by subdivision 4a.
new text begin
(e) Notwithstanding sections 15.17 and 138.163, a government entity may amend records
to replace a participant's location data with the participant's designated address.
new text end
Sec. 4.
Minnesota Statutes 2018, section 13.045, subdivision 4a, is amended to read:
Subd. 4a.
Real property records.
(a) If a program participant submits a notice deleted text begin to a
county recorderdeleted text end under subdivision 2, paragraph (b), the deleted text begin county recorderdeleted text end new text begin entity new text end must not
disclose the program participant's identity data in conjunction with the property identified
in the written noticenew text begin in the entity's real property recordsnew text end , unless:
(1) the program participant has consented to sharing or dissemination of the data for the
purpose identified in a writing acknowledged by the program participant;
(2) the data are subject to sharing or dissemination pursuant to court order under section
13.03, subdivision 6; deleted text begin or
deleted text end
(3) the secretary of state authorizes the sharing or dissemination of the data under
subdivision 4b for the purpose identified in the authorizationdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(4) the data is shared with a governmental entity subject to this chapter for the purpose
of administering assessment and taxation laws.
new text end
This subdivision does not prevent deleted text begin thedeleted text end new text begin a new text end county recorder from returning original documents
to the individuals that submitted the documents for recording. This subdivision does not
prevent the public disclosure of the participant's name and address designated under chapter
5B in the county reception index if the participant's name and designated address are not
disclosed in conjunction with location data. Each deleted text begin county recorderdeleted text end new text begin entity new text end shall establish
procedures for recording or filing documents to comply with this subdivision. These
procedures may include masking identity or location data and making documents or
certificates of title containing the data private and not viewable except as allowed by this
paragraph. The procedure must comply with the requirements of chapters 386, 507, 508,
and 508A and other laws as appropriate, to the extent these requirements do not conflict
with this section. The procedures must provide public notice of the existence of recorded
documents and certificates of title that are not publicly viewable and the provisions for
viewing them under this subdivision. Notice that a document or certificate is private and
viewable only under this subdivision or subdivision 4b is deemed constructive notice of the
document or certificate.
(b) deleted text begin A real property notice is notice only to the county recorder. A notice that does not
conform to the requirements of a real property notice under subdivision 2, paragraph (b),
is not effective as a notice to the county recorder.deleted text end On receipt of a real property notice, the
county recorder shall provide a copy of the notice to the person who maintains the property
tax records in that county, and provide a copy to the secretary of state at the address specified
by the secretary of state in the notice.
(c) Paragraph (a) applies only to the records recorded or filed concurrently with the real
property notice specified in subdivision 2, paragraph (b), and real property records affecting
the same real propertynew text begin created ornew text end recorded subsequent to the deleted text begin county'sdeleted text end new text begin entity's new text end receipt of the
real property notice.
(d) The prohibition on disclosure in paragraph (a) continues until:
(1) the program participant has consented to the termination of the real property notice
in a writing acknowledged by the program participantnew text begin . Notification under this paragraph
must be given by the county to the secretary of state within 90 days of the terminationnew text end ;
(2) the real property notice is terminated pursuant to a court ordernew text begin . Notification under
this paragraph must be given by the county to the secretary of state within 90 days of the
terminationnew text end ;
(3) the program participant no longer holds a record interest in the real property identified
in the real property noticenew text begin . Notification under this paragraph must be given by the county
to the secretary of state within 90 days of the terminationnew text end ; or
(4) the secretary of state has given written notice to the county recorder who provided
the secretary of state with a copy of a participant's real property notice that the program
participant's certification has terminated. Notification under this paragraph must be given
by the secretary of state within 90 days of the termination.
Upon termination of the prohibition of disclosure, the county recorder shall make publicly
viewable all documents and certificates of title relative to the participant that were previously
partially or wholly private and not viewable.