1.1 	A bill for an act
1.2 	relating to public safety; establishing an address confidentiality program for 
1.3 	victims of domestic violence, sexual assault, or stalking; providing program 
1.4 	participants with a method of voting; establishing a mail forwarding system for 
1.5 	program participants; prescribing criminal penalties; providing rulemaking; 
1.6 	appropriating money;proposing coding for new law as Minnesota Statutes, 
1.7 	chapter 5B.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. [5B.01] FINDINGS; PURPOSE.
1.10 	The legislature finds that persons attempting to escape from actual or threatened 
1.11 	domestic violence, sexual assault, or stalking frequently establish new addresses in 
1.12 	order to prevent their assailants or probable assailants from finding them. The purpose 
1.13 	of this chapter is to enable state and local agencies to respond to requests for public 
1.14 	records without disclosing the location of a victim of domestic violence, sexual assault, or 
1.15 	stalking; to enable interagency cooperation with the secretary of state in providing address 
1.16 	confidentiality for victims of domestic violence, sexual assault, or stalking; and to enable 
1.17 	state and local agencies to accept a program participant's use of an address designated 
1.18 	by the secretary of state as a substitute mailing address.

1.19 	Sec. 2. [5B.02] DEFINITIONS.
1.20 	(a) For purposes of this chapter and unless the context clearly requires otherwise, the 
1.21 	definitions in this section have the meanings given them.
1.22 	(b) "Address" means a residential street address, school address, or work address 
1.23 	of an individual, as specified on the individual's application to be a program participant 
1.24 	under this chapter.
2.1 	(c) "Domestic violence" means an act as defined in section 518B.01, subdivision 
2.2 	2, paragraph (a), and includes a threat of such acts committed against an individual in a 
2.3 	domestic situation, regardless of whether these acts or threats have been reported to law 
2.4 	enforcement officers.
2.5 	(d) "Program participant" means a person certified as a program participant under 
2.6 	section 5B.03.
2.7 	(e) "Stalking" means acts criminalized under section 609.749 and includes a threat 
2.8 	of such acts committed against an individual, regardless of whether these acts or threats 
2.9 	have been reported to law enforcement officers.

2.10 	Sec. 3. [5B.03] ADDRESS CONFIDENTIALITY PROGRAM.
2.11 		Subdivision 1.Application.  An adult person, a parent or guardian acting on behalf 
2.12 	of a minor, or a guardian acting on behalf of an incapacitated person, as defined in section 
2.13 	524.5-102, may apply to the secretary of state to have an address designated by the 
2.14 	secretary of state serve as the person's address or the address of the minor or incapacitated 
2.15 	person. The secretary of state shall approve an application if it is filed in the manner and 
2.16 	on the form prescribed by the secretary of state and if it contains:
2.17 	(1) a statement under oath or affirmation by the applicant that the applicant has good 
2.18 	reason to believe (i) that the applicant, or the minor or incapacitated person on whose 
2.19 	behalf the application is made, is a victim of domestic violence, sexual assault, or stalking, 
2.20 	and (ii) that the applicant fears for his or her safety or his or her children's safety, or the 
2.21 	safety of the minor or incapacitated person on whose behalf the application is made;
2.22 	(2) a designation of the secretary of state as agent for purposes of service of process 
2.23 	and for the purpose of receipt of mail;
2.24 	(3) the address where the applicant can be contacted by the secretary of state, and 
2.25 	the phone number or numbers where the applicant can be called by the secretary of state;
2.26 	(4) the new address or addresses that the applicant requests not be disclosed for 
2.27 	the reason that disclosure will increase the risk of domestic violence, sexual assault, 
2.28 	or stalking; and 
2.29 	(5) the signature of the applicant and of any individual or representative of any 
2.30 	office designated in writing under section 5B.05 who assisted in the preparation of the 
2.31 	application, and the date on which the applicant signed the application.
2.32 		Subd. 2.Filing.  Applications must be filed with the Office of the Secretary of State.
2.33 		Subd. 3.Certification.  Upon filing a properly completed application, the secretary 
2.34 	of state shall certify the applicant as a program participant. Applicants shall be certified for 
3.1 	four years following the date of filing unless the certification is withdrawn or invalidated 
3.2 	before that date. The secretary of state shall by rule establish a renewal procedure.
3.3 		Subd. 4.False attesting. A person who falsely attests in an application that 
3.4 	disclosure of the applicant's address would endanger the applicant's safety or the safety 
3.5 	of the applicant's children or the minor or incapacitated person on whose behalf the 
3.6 	application is made, or who knowingly provides false or incorrect information upon 
3.7 	making an application, is subject to prosecution under section 609.48.

3.8 	Sec. 4. [5B.04] CERTIFICATION CANCELLATION.
3.9 	(a) If the program participant obtains a legal change of identity, the participant 
3.10 	loses certification as a program participant.
3.11 	(b) The secretary of state may cancel a program participant's certification if there is 
3.12 	a change in the residential address, unless the program participant provides the secretary 
3.13 	of state with at least two days' prior notice in writing of the change of address.
3.14 	(c) The secretary of state may cancel certification of a program participant if 
3.15 	mail forwarded by the secretary to the program participant's address is returned as 
3.16 	nondeliverable.
3.17 	(d) The secretary of state shall cancel certification of a program participant who 
3.18 	applies using false information.

3.19 	Sec. 5. [5B.05] AGENCY USE OF DESIGNATED ADDRESS.
3.20 	(a) A program participant may request that state and local agencies use the address 
3.21 	designated by the secretary of state as the program participant's address. When creating 
3.22 	a new public record, state and local agencies shall accept the address designated by the 
3.23 	secretary of state as a program participant's substitute address, unless the secretary of 
3.24 	state has determined that:
3.25 	(1) the agency has a bona fide statutory or administrative requirement for the use of 
3.26 	the address which would otherwise be confidential under this chapter; and 
3.27 	(2) the address will be used only for bona fide statutory and administrative purposes.
3.28 	(b) A program participant may use the address designated by the secretary of state as 
3.29 	the program participant's work address.
3.30 	(c) The Office of the Secretary of State shall forward all first class mail to the 
3.31 	appropriate program participants.

3.32 	Sec. 6. [5B.06] VOTING BY PROGRAM PARTICIPANT; USE OF 
3.33 	DESIGNATED ADDRESS BY COUNTY AUDITOR.
4.1 	A program participant who is otherwise qualified to vote may register as an ongoing 
4.2 	absentee voter. The county auditor shall transmit the absentee ballot to the program 
4.3 	participant at the mailing address provided. Neither the name nor the address of a program 
4.4 	participant may be included in any list of registered voters available to the public.

4.5 	Sec. 7. [5B.07] DISCLOSURE OF RECORDS PROHIBITED; EXCEPTIONS.
4.6 	The secretary of state may not make any records in a program participant's file 
4.7 	available for inspection or copying, other than the address designated by the secretary of 
4.8 	state. Records may only be released pursuant to court order.

4.9 	Sec. 8. [5B.08] ASSISTANCE FOR PROGRAM APPLICANTS.
4.10 	The secretary of state shall designate state and local agencies and nonprofit agencies 
4.11 	that provide counseling and shelter services to victims of domestic violence, sexual 
4.12 	assault, or stalking to assist persons applying to be program participants. Any assistance 
4.13 	and counseling rendered by the Office of the Secretary of State or its designees to 
4.14 	applicants shall in no way be construed as legal advice.

4.15 	Sec. 9. [5B.09] ADOPTION OF RULES.
4.16 	The secretary of state has good cause to adopt rules pursuant to section 14.388 to 
4.17 	facilitate the administration of this chapter by state and local agencies.

4.18 	Sec. 10. APPROPRIATION.
 4.19 	$180,000 is appropriated from the general fund to the secretary of state in fiscal year 
4.20 	2007 for the purposes of administering sections 1 to 9.