HF 162

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/08/2021 04:04pm

A bill for an act
relating to homeless youth; establishing procedures for issuance of birth records
and Minnesota identification cards to homeless youth; classifying certain data;
appropriating money; amending Minnesota Statutes 2020, sections 144.212, by
adding a subdivision; 144.225, subdivisions 2, 7; 144.226, by adding a subdivision;
171.07, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 144.

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

Section 1.

Minnesota Statutes 2020, section 144.212, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Homeless youth. new text end

new text begin "Homeless youth" has the meaning given in section 256K.45,
subdivision 1a.
new text end

Sec. 2.

Minnesota Statutes 2020, section 144.225, subdivision 2, is amended to read:

Subd. 2.

Data about births.

(a) Except as otherwise provided in this subdivision, data
pertaining to the birth of a child to a woman who was not married to the child's father when
the child was conceived nor when the child was born, including the original record of birth
and the certified vital record, are confidential data. At the time of the birth of a child to a
woman who was not married to the child's father when the child was conceived nor when
the child was born, the mother may designate demographic data pertaining to the birth as
public. Notwithstanding the designation of the data as confidential, it may be disclosed:

(1) to a parent or guardian of the child;

(2) to the child when the child is 16 years of age or older new text begin , except as provided in clause
(3) new text end ;

new text begin (3) to the child if the child is a homeless youth;
new text end

deleted text begin (3) deleted text end new text begin (4) new text end under paragraph (b), (e), or (f); or

deleted text begin (4) deleted text end new text begin (5) new text end pursuant to a court order. For purposes of this section, a subpoena does not
constitute a court order.

(b) Unless the child is adopted, data pertaining to the birth of a child that are not accessible
to the public become public data if 100 years have elapsed since the birth of the child who
is the subject of the data, or as provided under section 13.10, whichever occurs first.

(c) If a child is adopted, data pertaining to the child's birth are governed by the provisions
relating to adoption records, including sections 13.10, subdivision 5; 144.218, subdivision
1; 144.2252; and 259.89.

(d) The name and address of a mother under paragraph (a) and the child's date of birth
may be disclosed to the county social services, tribal health department, or public health
member of a family services collaborative for purposes of providing services under section
124D.23.

(e) The commissioner of human services shall have access to birth records for:

(1) the purposes of administering medical assistance and the MinnesotaCare program;

(2) child support enforcement purposes; and

(3) other public health purposes as determined by the commissioner of health.

(f) Tribal child support programs shall have access to birth records for child support
enforcement purposes.

Sec. 3.

Minnesota Statutes 2020, section 144.225, subdivision 7, is amended to read:

Subd. 7.

Certified birth or death record.

(a) The state registrar or local issuance office
shall issue a certified birth or death record or a statement of no vital record found to an
individual upon the individual's proper completion of an attestation provided by the
commissioner and new text begin , except as provided in section 144.2255, new text end payment of the required fee:

(1) to a person who has a tangible interest in the requested vital record. A person who
has a tangible interest is:

(i) the subject of the vital record;

(ii) a child of the subject;

(iii) the spouse of the subject;

(iv) a parent of the subject;

(v) the grandparent or grandchild of the subject;

(vi) if the requested record is a death record, a sibling of the subject;

(vii) the party responsible for filing the vital record;

(viii) the legal custodian, guardian or conservator, or health care agent of the subject;

(ix) a personal representative, by sworn affidavit of the fact that the certified copy is
required for administration of the estate;

(x) a successor of the subject, as defined in section 524.1-201, if the subject is deceased,
by sworn affidavit of the fact that the certified copy is required for administration of the
estate;

(xi) if the requested record is a death record, a trustee of a trust by sworn affidavit of
the fact that the certified copy is needed for the proper administration of the trust;

(xii) a person or entity who demonstrates that a certified vital record is necessary for the
determination or protection of a personal or property right, pursuant to rules adopted by the
commissioner; or

(xiii) an adoption agency in order to complete confidential postadoption searches as
required by section 259.83;

(2) to any local, state, tribal, or federal governmental agency upon request if the certified
vital record is necessary for the governmental agency to perform its authorized duties;

(3) to an attorney upon evidence of the attorney's license;

(4) pursuant to a court order issued by a court of competent jurisdiction. For purposes
of this section, a subpoena does not constitute a court order; or

(5) to a representative authorized by a person under clauses (1) to (4).

(b) The state registrar or local issuance office shall also issue a certified death record to
an individual described in paragraph (a), clause (1), items (ii) to (viii), if, on behalf of the
individual, a licensed mortician furnishes the registrar with a properly completed attestation
in the form provided by the commissioner within 180 days of the time of death of the subject
of the death record. This paragraph is not subject to the requirements specified in Minnesota
Rules, part 4601.2600, subpart 5, item B.

Sec. 4.

new text begin [144.2255] CERTIFIED BIRTH RECORD FOR HOMELESS YOUTH.
new text end

new text begin Subdivision 1. new text end

new text begin Application; certified birth record. new text end

new text begin A subject of a birth record who is
a homeless youth in Minnesota or another state may apply to the state registrar or a local
issuance office for a certified birth record according to this section. The state registrar or
local issuance office shall issue a certified birth record or statement of no vital record found
to a subject of a birth record who submits:
new text end

new text begin (1) a completed application signed by the subject of the birth record;
new text end

new text begin (2) a statement that the subject of the birth record is a homeless youth, signed by the
subject of the birth record; and
new text end

new text begin (3) one of the following:
new text end

new text begin (i) a document of identity listed in Minnesota Rules, part 4601.2600, subpart 8 or, at the
discretion of the state registrar or local issuance office, subpart 9;
new text end

new text begin (ii) a statement that complies with Minnesota Rules, part 4601.2600, subparts 6 and 7;
or
new text end

new text begin (iii) a statement verifying that the subject of the birth record is a homeless youth that
complies with the requirements in subdivision 2 and is from an employee of a human services
agency that receives public funding to provide services to homeless youth, runaway youth,
youth with mental illness, or youth with substance use disorders; a school staff person who
provides services to homeless youth; or a school social worker.
new text end

new text begin Subd. 2. new text end

new text begin Statement verifying subject is a homeless youth. new text end

new text begin A statement verifying that
a subject of a birth record is a homeless youth must include:
new text end

new text begin (1) the following information regarding the individual providing the statement: first
name, middle name, if any, and last name; home or business address; telephone number, if
any; and e-mail address, if any;
new text end

new text begin (2) the first name, middle name, if any, and last name of the subject of the birth record;
and
new text end

new text begin (3) a statement specifying the relationship of the individual providing the statement to
the subject of the birth record and verifying that the subject of the birth record is a homeless
youth.
new text end

new text begin The individual providing the statement must also provide a copy of the individual's
employment identification.
new text end

new text begin Subd. 3. new text end

new text begin Expiration; reissuance. new text end

new text begin If a subject of a birth record obtains a certified birth
record under this section using the statement specified in subdivision 1, clause (3), item
(iii), the certified birth record issued shall expire six months after the date of issuance. Upon
expiration of the certified birth record, the subject of the birth record may surrender the
expired birth record to the state registrar or a local issuance office and obtain another birth
record. Each certified birth record obtained under this subdivision shall expire six months
after the date of issuance. If the subject of the birth record does not surrender the expired
birth record, the subject may apply for a certified birth record using the process in subdivision
1.
new text end

new text begin Subd. 4. new text end

new text begin Fees waived. new text end

new text begin The state registrar or local issuance office shall not charge any
fee for issuance of a certified birth record or statement of no vital record found under this
section.
new text end

new text begin Subd. 5. new text end

new text begin Data practices. new text end

new text begin Data listed under subdivision 1, clauses (2) and (3), item (iii),
are private data on individuals.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment for
applications for and the issuance of certified birth records on or after January 1, 2022.
new text end

Sec. 5.

Minnesota Statutes 2020, section 144.226, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Birth record fees waived for homeless youth. new text end

new text begin A subject of a birth record who
is a homeless youth shall not be charged any of the fees specified in subdivisions 1 and 3
to 6 for a certified birth record or statement of no vital record found under section 144.2255.
new text end

Sec. 6.

Minnesota Statutes 2020, section 171.07, is amended by adding a subdivision to
read:

new text begin Subd. 3b. new text end

new text begin Identification card for homeless youth. new text end

new text begin (a) A homeless youth, as defined in
section 256K.45, subdivision 1a, who meets the requirements of this subdivision may obtain
a noncompliant identification card, notwithstanding section 171.06, subdivision 3.
new text end

new text begin (b) An applicant under this subdivision must:
new text end

new text begin (1) provide the applicant's full name, date of birth, and sex;
new text end

new text begin (2) provide the applicant's height in feet and inches, weight in pounds, and eye color;
new text end

new text begin (3) submit a certified copy of a birth certificate issued by a government bureau of vital
statistics or equivalent agency in the applicant's state of birth, which must bear the raised
or authorized seal of the issuing government entity; and
new text end

new text begin (4) submit a statement verifying that the applicant is a homeless youth who resides in
Minnesota that is signed by:
new text end

new text begin (i) an employee of a human services agency receiving public funding to provide services
to homeless youth, runaway youth, youth with mental illness, or youth with substance use
disorders; or
new text end

new text begin (ii) staff at a school who provide services to homeless youth or a school social worker.
new text end

new text begin (c) For a noncompliant identification card under this subdivision:
new text end

new text begin (1) the commissioner must not impose a fee, surcharge, or filing fee under section 171.06,
subdivision 2; and
new text end

new text begin (2) a driver's license agent must not impose a filing fee under section 171.061, subdivision
4.
new text end

new text begin (d) Minnesota Rules, parts 7410.0400 and 7410.0410, or successor rules, do not apply
for an identification card under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment for
application and issuance of Minnesota identification cards on and after January 1, 2022.
new text end

Sec. 7. new text begin APPROPRIATIONS.
new text end

new text begin (a) $....... in fiscal year 2022 is appropriated from the general fund to the commissioner
of health for administration and issuance of certified birth records and statements of no vital
record found to homeless youth under Minnesota Statutes, section 144.2255.
new text end

new text begin (b) $....... in fiscal year 2022 is appropriated from the general fund to the commissioner
of public safety for administration and issuance of identification cards for homeless youth
under Minnesota Statutes, section 171.07, subdivision 3b. Notwithstanding Minnesota
Statutes, section 16A.28, this appropriation is available until June 30, 2024. This is a onetime
appropriation.
new text end