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; providing for adoption of rules; proposing coding for new 
1.6 	law as Minnesota Statutes, chapter 5B.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

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

1.18 	EFFECTIVE DATE. This section is effective September 1, 2007.

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) "Applicant" means an adult, a parent or guardian acting on behalf of an eligible 
2.2 	minor, or a guardian acting on behalf of an incapacitated person, as defined in section 
2.3 	524.5-102.
2.4 	(d) "Domestic violence" means an act as defined in section 518B.01, subdivision 
2.5 	2, paragraph (a), and includes a threat of such acts committed against an individual in a 
2.6 	domestic situation, regardless of whether these acts or threats have been reported to law 
2.7 	enforcement officers.
2.8 	(e) "Eligible person" means an adult, a minor, or an incapacitated person, as defined 
2.9 	in section 524.5-102, for whom there is good reason to believe (1) that the eligible person 
2.10 	is a victim of domestic violence, sexual assault, or stalking, or (2) that the  eligible person 
2.11 	fears for his or her safety or the safety of persons on whose behalf the application is made.
2.12 	(f) "Program participant" means a person certified as a program participant under 
2.13 	section 5B.03.
2.14 	(g) "Stalking" means acts criminalized under section 609.749 and includes a threat 
2.15 	of such acts committed against an individual, regardless of whether these acts or threats 
2.16 	have been reported to law enforcement officers.

2.17 	EFFECTIVE DATE. This section is effective September 1, 2007. 

2.18 	Sec. 3. [5B.03] ADDRESS CONFIDENTIALITY PROGRAM.
2.19 		Subdivision 1.Application.  The secretary of state shall certify an eligible person as 
2.20 	a program participant when the secretary receives an application that must contain: 
2.21 	(1) a statement by the applicant that the applicant has good reason to believe that the 
2.22 	eligible person (i) listed on the application is a victim of domestic violence, sexual assault, 
2.23 	or stalking, (ii) fears for the person's safety or the safety of persons on whose behalf the 
2.24 	application is made, and (iii) is not applying for certification as a program participant 
2.25 	in order to avoid prosecution for a crime;
2.26 	(2) a designation of the secretary of state as agent for purposes of service of process 
2.27 	and for the purpose of receipt of mail;
2.28 	(3) the mailing address where the eligible person can be contacted by the secretary 
2.29 	of state and the telephone number or numbers where the applicant or eligible person can 
2.30 	be called by the secretary of state;
2.31 	(4) the physical address or addresses of the eligible person, disclosure of which will 
2.32 	increase the risk of domestic violence, sexual assault, or stalking; 
2.33 	(5) a statement whether the eligible person would like information on becoming an 
2.34 	ongoing absentee ballot recipient pursuant to section 5B.06; and
3.1 	(6) the signature of the applicant, an indicator of the applicant's authority to act on 
3.2 	behalf of the eligible person, if appropriate, the name and signature of any individual or 
3.3 	representative of any person who assisted in the preparation of the application, and the 
3.4 	date on which the application was signed.
3.5 		Subd. 2. Filing.  Applications must be filed with the secretary of state and are 
3.6 	subject to the provisions of section 5.15. 
3.7 		Subd. 3. Certification.  Upon filing a completed application, the secretary of state 
3.8 	shall certify the eligible person as a program participant. Program participants shall be 
3.9 	certified for four years following the date of filing unless the certification is cancelled, 
3.10 	withdrawn, or invalidated before that date. The secretary of state shall by rule establish a 
3.11 	renewal procedure.
3.12 		Subd. 4. Changes in information.  Program participants or applicants must inform 
3.13 	the secretary of state of any changes in the information submitted on the application. 
3.14 		Subd. 5. Designated address.  The secretary of state must designate a mailing 
3.15 	address to which all mail for program participants is to be sent. 
3.16 		Subd. 6. Attaining age of majority.  A person who became a program participant as 
3.17 	a minor assumes responsibility for changes in information and renewal when the person 
3.18 	reaches age 18. 

3.19 	EFFECTIVE DATE. This section is effective September 1, 2007. 

3.20 	Sec. 4. [5B.04] CERTIFICATION CANCELLATION.
3.21 	(a) If the program participant obtains a legal change of identity, the participant 
3.22 	loses certification as a program participant. 
3.23 	(b) The secretary of state may cancel a program participant's certification if there is 
3.24 	a change in the mailing address, unless the program participant or the person who signed 
3.25 	as the applicant on behalf of an eligible person provides the secretary of state with at least 
3.26 	two days' prior notice in writing of the change of address. 
3.27 	(c) The secretary of state may cancel certification of a program participant if 
3.28 	mail forwarded by the secretary to the program participant's address is returned as 
3.29 	nondeliverable. 
3.30 	(d) The secretary of state shall cancel certification of a program participant who 
3.31 	applies using false information. 

3.32 	EFFECTIVE DATE. This section is effective September 1, 2007. 

3.33 	Sec. 5. [5B.05] USE OF DESIGNATED ADDRESS.
4.1 	(a) When a program participant presents the address designated by the secretary of 
4.2 	state to any person, that address must be accepted as the address of the program participant. 
4.3 	(b) A program participant may use the address designated by the secretary of state as 
4.4 	the program participant's work address. 
4.5 	(c) The Office of the Secretary of State shall forward all mail sent to the designated 
4.6 	address to the proper program participants. 

4.7 	EFFECTIVE DATE. This section is effective September 1, 2007. 

4.8 	Sec. 6. [5B.06] VOTING BY PROGRAM PARTICIPANT; USE OF 
4.9 	DESIGNATED ADDRESS BY COUNTY AUDITOR.
4.10 	A program participant who is otherwise qualified to vote may register with the 
4.11 	secretary of state as an ongoing absentee voter.  The secretary of state shall determine  the 
4.12 	precinct in which the residential address of the program participant is located and shall 
4.13 	request from and receive from the county auditor or other election official the ballot for 
4.14 	that precinct and shall forward the absentee ballot to the program participant with the other 
4.15 	materials for absentee balloting as required by Minnesota law.   The program participant 
4.16 	shall complete the ballot and return it to the secretary of state, who shall review the ballot 
4.17 	in the manner provided by section 203B.24. If the ballot and ballot materials comply with 
4.18 	the requirements of that section, the ballot must be certified by the secretary of state as 
4.19 	the ballot of a program participant and must be forwarded to the appropriate electoral 
4.20 	jurisdiction for tabulation along with all other ballots. The name and address of a program 
4.21 	participant must not be listed in the statewide voter registration system.

4.22 	EFFECTIVE DATE. This section is effective September 1, 2007. 

4.23 	Sec. 7. [5B.07] DATA CLASSIFICATION.
4.24 	All data related to applicants, eligible persons, and program participants is private 
4.25 	data as defined by section 13.02, subdivision 12. A consent for release of information 
4.26 	from an applicant is not effective. 

4.27 	EFFECTIVE DATE. This section is effective September 1, 2007. 

4.28 	Sec. 8. [5B.08] ADOPTION OF RULES.
4.29 	Enactment of this section satisfies the requirements of section 14.388, subdivision 
4.30 	1, for the enactment of rules to facilitate the administration of this chapter by state and 
4.31 	local agencies. 

5.1 	EFFECTIVE DATE. This section is effective September 1, 2007.