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HF 1869

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/15/2021 04:42pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to state government; modifying various provisions governing or
administered by the secretary of state; amending Minnesota Statutes 2020, sections
5B.02; 5B.05; 5B.10, subdivision 1; 13.045, subdivisions 1, 2, 3, 4a.

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

Section 1.

Minnesota Statutes 2020, 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 an individual's work address, school address, or residential street
address, 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 (1) that the eligible person is a
victim of domestic violence, sexual assault, or harassment or stalking, or (2) 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 deleted text beginpackages, parcels,deleted text endnew text begin (1)new text end
periodicalsdeleted text begin,deleted text end and catalogues,new text begin and (2) packages and parcelsnew text end unless they are clearly identifiable
asnew text begin nonrefrigeratednew text end pharmaceuticals or clearly indicate that they are sent bynew text begin the federal
government or
new text end a state or county government agencynew text begin of the continental United States, Hawaii,
District of Columbia, or United States territories
new text end.

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

(h) "Harassment" or "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 2020, 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 personnew text begin or entitynew text end, 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. 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.

(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. This paragraph applies to
the actions and reports of guardians ad litem, except that guardians ad litem may disclose
the program participant's name. 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. 3.

Minnesota Statutes 2020, section 5B.10, subdivision 1, is amended to read:


Subdivision 1.

Display by landlord.

If a program participant has notified the program
participant's landlord in writing that the individual is a program participant and of the
requirements of this section, a local ordinance deleted text beginor the landlorddeleted text end must not require the display
ofnew text begin, and the landlord shall not display,new text end the program participant's name at an address otherwise
protected under this chapter.

Sec. 4.

Minnesota Statutes 2020, 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 beginanydeleted text end data new text beginthe participant specifies new text endthat may be used to physically
locate a program participant, deleted text beginincluding but not limited todeleted text end new text beginsuch as new text endthe program participant's
residential address, work address, deleted text beginanddeleted text end new text beginor new text endschool 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 beginby 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 property
new text end.

Sec. 5.

Minnesota Statutes 2020, section 13.045, subdivision 2, is amended to read:


Subd. 2.

Notification of certification.

(a) A program participant may deleted text beginsubmit a notice,
in writing, to
deleted text end new text beginnotify new text endthe responsible authority of any government entity other than the county
recorder new text beginin writing, on a form prescribed by the secretary of state, new text endthat 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 beginnames of other program participants
in the household,
deleted text end new text begindate of birth, new text endaddress designated under chapter 5B, program participant
signature, new text beginsignature of the participant's parent or guardian if the participant is a minor, new text enddate
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 beginincluding 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 submit a real property notice in writing to the other government entity's
responsible authority.
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 endthe 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 deleted text beginto the county recorderdeleted text end. deleted text beginThe county recorderdeleted text end new text beginThe recipient of the noticenew text end
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 begincertification is reneweddeleted text endnew text begin legal name changesnew text end. The real property notice is private
data on individuals.

Sec. 6.

Minnesota Statutes 2020, 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 beginondeleted text endnew text begin for whichnew text end a program participant deleted text beginwho
submits a notice
deleted text endnew text begin seeks protectionnew text end under subdivision 2, paragraph (a), that are not otherwise
classified by law are private data on individuals. deleted text beginNotwithstanding 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 beginPrivate or confidential location data on a program participant must not be shared or
disclosed by a government entity
deleted text endnew 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;

(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 138.17, a government entity may amend records
to replace a participant's location data with the participant's designated address.
new text end

Sec. 7.

Minnesota Statutes 2020, section 13.045, subdivision 4a, is amended to read:


Subd. 4a.

Real property records.

(a) If a program participant submits a notice deleted text beginto a
county recorder
deleted text end under subdivision 2, paragraph (b), the deleted text begincounty recorderdeleted text end new text begingovernment 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 beginor
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 endnew text begin; or
new text end

new text begin (4) the data is shared with a government entity subject to this chapter for the purpose of
administering assessment and taxation laws.
new text end

This subdivision does not prevent deleted text beginthedeleted text end new text begina new text endcounty 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 begincounty recorderdeleted text end new text begingovernment entity new text endshall
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) 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. On receipt of a real property notice, the
deleted text begin county recorderdeleted text endnew text begin government entitynew text end shall provide a copy of the notice to the person who
maintains the property tax records in that deleted text begincountydeleted text end new text beginjurisdictionnew text end,new text begin to the county's or municipality's
responsible authority,
new text end 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 begincounty'sdeleted text end new text begingovernment 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 government entity to the secretary of state within 90 days of the
termination
new 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 government entity to the secretary of state within 90
days of the termination
new 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 government
entity to the secretary of state within 90 days of the termination
new text end; or

(4) the secretary of state has given written notice to the deleted text begincounty recorderdeleted text endnew text begin government
entity
new text end 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 deleted text begincounty recorderdeleted text endnew text begin government entitynew text end
shall make publicly viewable all documents and certificates of title relative to the participant
that were previously partially or wholly private and not viewable.