SF 3198

as introduced - 90th Legislature (2017 - 2018) Posted on 05/14/2018 04:54pm

A bill for an act
relating to the Safe at Home program; modifying program requirements; making
clarifying and technical changes; amending Minnesota Statutes 2016, sections
5B.02; 5B.03; 5B.05; 5B.07, subdivision 1.

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

Section 1.

Minnesota Statutes 2016, section 5B.02, is amended to read:

5B.02 DEFINITIONS.

(a) For purposes of this chapter and unless the context clearly requires otherwise, the
definitions in this section have the meanings given them.

(b) "Address" means deleted text begin a residential street address deleted text end new text begin an individual's work address new text end , school
address, or deleted text begin work address of an individual deleted text end new text begin residential street address new text end , as specified on the
individual's application to be a program participant under this chapter.

(c) "Applicant" means an adult, a parent or guardian acting on behalf of an eligible
minor, or a guardian acting on behalf of an incapacitated person, as defined in section
524.5-102.

(d) "Domestic violence" means an act as defined in section 518B.01, subdivision 2,
paragraph (a), and includes a threat of such acts committed against an individual in a domestic
situation, regardless of whether these acts or threats have been reported to law enforcement
officers.

(e) "Eligible person" means an adult, a minor, or an incapacitated person, as defined in
section 524.5-102 for whom there is good reason to believe deleted text begin (i) deleted text end new text begin (1) new text end that the eligible person
is a victim of domestic violence, sexual assault, or stalking, or deleted text begin (ii) deleted text end new text begin (2) new text end that the eligible person
fears for the person's safety, the safety of another person who resides in the same household,
or the safety of persons on whose behalf the application is made. An individual must reside
in Minnesota in order to be an eligible person. A person registered or required to register
as a predatory offender under section 243.166 or 243.167, or the law of another jurisdiction,
is not an eligible person.

(f) "Mail" means first class letters and flats delivered via the United States Postal Service,
including priority, express, and certified mail, and excluding packages, parcels, periodicals,
and catalogues, unless they are clearly identifiable as pharmaceuticals or clearly indicate
that they are sent by a state or county government agency.

(g) "Program participant" means an individual certified as a program participant under
section 5B.03.

(h) "Stalking" means acts criminalized under section 609.749 and includes a threat of
such acts committed against an individual, regardless of whether these acts or threats have
been reported to law enforcement officers.

Sec. 2.

Minnesota Statutes 2016, section 5B.03, is amended to read:

5B.03 ADDRESS CONFIDENTIALITY PROGRAM.

Subdivision 1.

Application.

The secretary of state shall certify an eligible person as a
program participant when the secretary receives an application that must contain:

(1) the full legal name new text begin and date of birth new text end 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, or (ii) that the eligible person fears for the person's safety, the safety of another
person who resides in the same household, 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 phone number or numbers where the applicant or eligible person can be called
by the secretary of state;

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

(6) if mail cannot be delivered to the residential address of the eligible person, the address
to which mail should be sent;

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

(8) 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 new text begin date of birth or new text end Safe at Home lot number listed on the
program participant's card;

(9) 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

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

Subd. 2.

Filing.

Applications must be filed with the secretary of state and are subject to
the provisions of section 5.15.

Subd. 3.

Certification.

new text begin (a) new text end Upon filing a completed application, the secretary of state
shall certify the eligible person as a program participant. Program participants shall be
certified for four years following the date of filing unless the certification is canceled,
withdrawn or invalidated before that date. The secretary of state shall by rule establish a
renewal procedure.

new text begin (b) Certification under this subdivision is for the purpose of participation in the
confidentiality program established under this chapter only. Certification must not be used
as evidence or be considered for any purpose in any civil, criminal, or administrative
proceeding related to the behavior or actions giving rise to the application under subdivision
1.
new text end

Subd. 4.

Changes in information.

Program participants or applicants must inform the
secretary of state of deleted text begin any changes in the information submitted on the application deleted text end new text begin a change
of legal name, address, or telephone number new text end .

Subd. 5.

Designated address.

The secretary of state must designate a mailing address
to which all mail for program participants is to be sent. new text begin Each program participant may have
only one designated address.
new text end

Subd. 6.

Attaining age of majority.

An individual who became a program participant
as a minor assumes responsibility for changes in information and renewal when the individual
reaches age 18.

Sec. 3.

Minnesota Statutes 2016, section 5B.05, is amended to read:

5B.05 USE OF DESIGNATED ADDRESS.

(a) When a program participant presents the address designated by the secretary of state
to any person, that address must be accepted as the address of the program participant. The
person may not require the program participant to submit any address that could be used to
physically locate the participant either as a substitute or in addition to the designated address,
or as a condition of receiving a service or benefit, unless the service or benefit would be
impossible to provide without knowledge of the program participant's physical location. new text begin
Notwithstanding a person's or entity's knowledge of a program participant's physical location,
the person or entity must use the program participant's designated address for all mail
correspondence with the program participant.
new text end

(b) A program participant may use the address designated by the secretary of state as
the program participant's work address.

(c) The Office of the Secretary of State shall forward all mail sent to the designated
address to the proper program participants.

(d) If a program participant has notified a person in writing, on a form prescribed by the
program, that the individual is a program participant and of the requirements of this section,
the person must not knowingly disclose the program participant's name, home address, work
address, or school address, unless the person to whom the address is disclosed also lives,
works, or goes to school at the address disclosed, or the participant has provided written
consent to disclosure of the participant's name, home address, work address, or school
address for the purpose for which the disclosure will be made. new text begin This paragraph applies to
the actions and reports of guardians ad litem, except that guardians ad litem may disclose
the program participant's name. new text end This paragraph does not apply to records of the judicial
branch governed by rules adopted by the Supreme Court or government entities governed
by section 13.045.

Sec. 4.

Minnesota Statutes 2016, section 5B.07, subdivision 1, is amended to read:

Subdivision 1.

Classification of data.

(a) new text begin Except for a program participant's name and
designated address, all new text end data collected, created, or maintained by the secretary of state related
to applicants, eligible persons, and program participants are private data on individuals as
defined by section 13.02, subdivision 12. A consent for release of the address from an
applicant, eligible person, or program participant is not effective.

(b) A program participant's name and address maintained by a local government entity
in connection with an active investigation or inspection of an alleged health code, building
code, fire code, or city ordinance violation allegedly committed by the program participant
are private data on individuals as defined in section 13.02.