HF 2276

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 01:55pm

A bill for an act
relating to safe at home program; regulating participant data and real property
records; amending Minnesota Statutes 2013 Supplement, sections 5B.05; 13.045;
proposing coding for new law in Minnesota Statutes, chapter 386.

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

Section 1.

Minnesota Statutes 2013 Supplement, 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.

(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 does not apply to records of the judicial branch governed by rules adopted by
the Supreme Court new text begin or entities governed by section 13.045 new text end .

Sec. 2.

Minnesota Statutes 2013 Supplement, section 13.045, is amended to read:

13.045 SAFE AT HOME PROGRAM PARTICIPANT DATA.

Subdivision 1.

Definitions.

As used in this section:

(1) "program participant" has the meaning given in section 5B.02, paragraph (g); deleted text begin and
deleted text end

(2) " deleted text begin identity and deleted text end location data" means any data that may be used to deleted text begin identify
or deleted text end physically locate a program participant, including but not limited to the program
participant's deleted text begin name, deleted text end residential address, work address, and school 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 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) "identity data" means data that may be used to identify a program participant,
including but not limited to the program participant's name, 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.
new text end

Subd. 2.

Notification of certification.

new text begin (a) new text end A program participant may submit a
notice, in writing, to the responsible authority of any government entity new text begin other than the
county recorder or registrar of titles new text end that the participant is certified in the Safe at Home
address confidentiality program pursuant to chapter 5B. The notice must include the date
the program participant's certification in the program expires new text begin , and any other information
specified by the secretary of state new text end . A program participant may submit a subsequent notice
of certification, if the participant's certification is renewed. The contents of the notification
of certification, and the fact that a notice has been submitted, are private data on individuals.

new text begin (b) To affect real property records, a program participant must submit a real property
notice in writing to the county recorder or registrar of titles. A real property notice must be
presented to the county recorder or registrar of titles on a form prescribed by the secretary
of state. A real property notice must include the following information:
new text end

new text begin (1) the full legal name of the program participant, including middle name;
new text end

new text begin (2) the last four digits of the program participant's Social Security number;
new text end

new text begin (3) the designated address of the program participant as assigned by the secretary of
state, including lot number;
new text end

new text begin (4) the date the program participant's certification in the program expires; and
new text end

new text begin (5) the legal description and street address of the real property affected by the notice.
new text end

new text begin Only one parcel of real property shall be included in each notice, but more than one
notice may be presented to the recorder or registrar. The recorder or registrar 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.
new text end

new text begin A program participant may submit a subsequent notice of certification if the
participant's certification is renewed. The contents of the notification of certification and
the fact that a notice has been submitted are private data on individuals.
new text end

Subd. 3.

Classification of identity and location data; sharing and dissemination.

new text begin (a) new text end Identity and location data on a program participant that are not otherwise classified
by law new text begin as private or confidential data new text end are private data on individuals. Notwithstanding
any provision of law to the contrary, private or confidential deleted text begin identity and deleted text end location data on a
program participant who submits a notice under subdivision 2 new text begin , paragraph (a), new text end may not
be shared with any other government entity deleted text begin , or disseminated to any person, unless: deleted text end new text begin or
nongovernmental entity except as provided in paragraph (b).
new text end

new text begin (b) Private or confidential data on a program participant shall not be disclosed by a
government entity unless:
new text end

(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; deleted text begin or
deleted text end

(3) the data are subject to sharing pursuant to section 5B.07, subdivision 2 deleted text begin . deleted text end new text begin ;
new text end

new text begin (4) the location data related to county of residence is needed to provide county-based
services or allocate financial responsibilities for such services;
new text end

new text begin (5) the data are necessary to perform a government entity's health, safety, or welfare
functions, including but not limited to the provision of emergency 911 services, the
assessment and investigation of child or vulnerable adult abuse and neglect, and the
assessment or inspection of services or locations for compliance with health, safety, or
professional standards; or
new text end

new text begin (6) the data are necessary to aid an active law enforcement investigation of the
program participant.
new text end

new text begin (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 pursuant to this subdivision shall establish procedures to protect this data
from further disclosure.
new text end

new text begin (d) Real property record data are governed by subdivision 4a.
new text end

Subd. 4.

Acceptance of alternate address required.

Regardless of whether a
notice of certification has been submitted under subdivision 2, a government entity must
accept the address designated by the secretary of state as a program participant's address,
and is subject to the requirements contained in section 5B.05 new text begin , paragraphs (a) to (c) new text end .

new text begin Subd. 4a. new text end

new text begin Real property records. new text end

new text begin (a) If a program participant notifies a county
recorder or registrar of titles of program participation pursuant to the written notice
specified in subdivision 2, paragraph (b), the county recorder, registrar of titles, assessor,
or any other county official controlling or with access to real property records must not
disclose the program participant's name in conjunction with the property identified in
the written notice, unless:
new text end

new text begin (1) the program participant has expressly consented and attested in writing to
sharing or dissemination of the data for the purpose for which the sharing or dissemination
will occur;
new text end

new text begin (2) the data are subject to sharing or dissemination pursuant to court order; or
new text end

new text begin (3) the secretary of state, pursuant to subdivision 4b, authorizes in writing the
sharing or dissemination of the data for the purpose for which the sharing or dissemination
will occur.
new text end

new text begin Nothing in this section prevents the county from returning original documents to the
individuals that submitted the documents for recording.
new text end

new text begin (b) A real property notice is notice only to the county recorder, registrar of titles, and
the county auditor, treasurer, or other person performing the duties of a county auditor or
treasurer. 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,
county auditor, treasurer, or any person performing the duties of county auditor or
treasurer. On receipt of a notice, the county recorder or registrar shall provide a copy of
the notice to the county auditor and treasurer, or the person performing the functions of the
county auditor and treasurer in that county, and provide a copy to the secretary of state at
the address specified by the secretary of state in the notice. Notwithstanding any rule or
law to the contrary, the county auditor and treasurer, and any county official performing
the duties of a county auditor and treasurer, is subject to the prohibition on data disclosure
in paragraph (a) of this subdivision.
new text end

new text begin (c) The prohibition on disclosure in paragraph (a) of this subdivision applies to
those records filed concurrently with the real property notice specified in subdivision 2,
paragraph (b), and all other real property records filed subsequent to the county's receipt of
the real property notice.
new text end

new text begin (d) The prohibition on disclosure in paragraph (a) of this subdivision continues
until one of the following occurs:
new text end

new text begin (1) the program participant has expressly consented and attested in writing to the
termination of the real property notice;
new text end

new text begin (2) the real property notice is terminated pursuant to a court order;
new text end

new text begin (3) the program participant no longer holds a record interest in the real property
identified in the real property notice;
new text end

new text begin (4) the county confirms with the secretary of state that the program participant no
longer is an active participant in the program; or
new text end

new text begin (5) the program participant fails within 90 days following the program participant's
program expiration date to submit a notice of renewal of program participation in the form
of a real property notice as specified in subdivision 2, paragraph (b).
new text end

new text begin Subd. 4b. new text end

new text begin Access to real property data. new text end

new text begin (a) Upon request, the secretary of state
may share data regarding program participant's real property records for the purpose of
confirming or denying that the program participant's real property is not the property
subject to a legitimate title examination. The request must include:
new text end

new text begin (1) the name, title, address, and affiliated organization if applicable of the person
requesting data;
new text end

new text begin (2) the purpose for requesting data;
new text end

new text begin (3) the requestor's relationship, if any, to the program participant subject to the
data; and
new text end

new text begin (4) the legal description of the property subject to the title examination, and any
other information required by the secretary of state to respond to the request.
new text end

new text begin The secretary of state shall approve or deny a request for access to data within
two business days.
new text end

new text begin (b) In responding to a legitimate request, the secretary of state may respond by an
affirmation in writing that the property subject to the title examination is or is not the
property subject to a program participant's real property notice. Notwithstanding section
386.191, subdivision 5, or any law to the contrary, a party examining title may rely on a
written affirmation from the Office of the Secretary of State.
new text end

new text begin (c) Location data disclosed under this subdivision may be used only for the purposes
authorized in this subdivision and may not be further disclosed to any other person
or agency. Entities receiving private data pursuant to this subdivision shall establish
procedures to protect this data from further disclosure.
new text end

Subd. 5.

Duties of the secretary of state and other government entities limited.

Nothing in this section establishes a duty for:

(1) the Office of the Secretary of State to identify other government entities that
may hold data on a program participant; deleted text begin or
deleted text end

(2) the responsible authority of any government entity to independently determine
whether it maintains data on a program participant, unless a request is received pursuant to
section 13.04 or a notice of certification is submitted pursuant to this section deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) a government entity to engage in statutorily mandated notice procedures if the
notice procedures would result in disclosure of identity or location data.
new text end

Sec. 3.

new text begin [386.191] SAFE AT HOME REAL PROPERTY RECORDS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section:
new text end

new text begin (1) "county recorder" means the county recorder or registrar of titles, as appropriate;
new text end

new text begin (2) "program participant" has the meaning given in section 5B.02, paragraph (g);
new text end

new text begin (3) "real property notice" means a real property notice that complies with the
requirements of section 13.045, subdivision 2, paragraph (b); and
new text end

new text begin (4) "private index" means an index containing private documents that is not viewable
to the public. A private index can be maintained electronically or in paper form.
new text end

new text begin Subd. 2. new text end

new text begin Creation of private tract indexes and authorizing recording of private
documents in the reception indexes. new text end

new text begin Notwithstanding any law to the contrary, the
county recorder may establish a private tract index and allow for private documents to be
recorded in the reception index in order to record documents subject to section 13.045,
subdivision 4a. To facilitate the creation and management of private indexes and indexes
containing private documents, the county recorder may establish private lists showing the
name of each program participant and the legal description of the parcel of real property
affected by the real property notice.
new text end

new text begin Subd. 3. new text end

new text begin Private documents within the reception index. new text end

new text begin Any document affecting
the real property and program participant identified in the notice that is presented
for recording after the county recorder's receipt of a notice and prior to the program
certification expiration date must be entered in the reception index. The documents must
be entered in the reception index in accordance with section 386.03 for abstract property
and in accordance with section 508.37 for registered land, except that:
new text end

new text begin (1) the entry in the reception index must not include the description of the real
property; and
new text end

new text begin (2) the recorder shall make the document private and not publicly viewable except
pursuant to section 13.045, subdivisions 4a and 4b. The entry must state to the public that
"the document is private and viewable only pursuant to section 13.045, subdivisions 4a
and 4b."
new text end

new text begin Subd. 4. new text end

new text begin Private tract index. new text end

new text begin (a) Any document affecting the real property in the
notice and presented for recording after the county recorder's receipt of a notice and prior
to the program certification expiration date must be entered in the private tract index.
new text end

new text begin (b) For registered land owned by the program participant, upon receipt of a real
property notice that pertains to the land, the registrar of titles shall enter a notation on the
certificate of title stating that "the documents filed and recorded hereafter are private and
viewable only pursuant to section 13.045, subdivisions 4a and 4b." Documents recorded
thereafter shall be entered in a private tract index. On the certificate of title the registrar
shall substitute the address assigned to the program participant by the secretary of state
in lieu of the address shown on the certificate and shall substitute the phrase "name of
owner private" for the participant's name.
new text end

new text begin (c) If the registrar receives a recordable deed in favor of the program participant with
or after receipt of a real property notice from the participant that pertains to the land, the
registrar shall accept the deed for recording and enter on the certificate a memorial including
the deed document number, document type, and date of filing, but not the grantee's name.
The entry must state that "the document is private and viewable only pursuant to section
13.045, subdivisions 4a and 4b." The registrar shall then cancel the certificate and enter a
new certificate to the grantees of the deed but shall make the certificate private.
new text end

new text begin (d) For abstract land, the recorder shall enter a notation into the tract index stating
that "the documents filed and recorded hereafter are private and viewable only pursuant
to section 13.045, subdivisions 4a and 4b." The recorder shall record all subsequent
documents affecting the land in the private tract index.
new text end

new text begin Subd. 5. new text end

new text begin Notice of private documents; constructive notice of documents. new text end

new text begin All
documents recorded but not publicly viewable and accompanied by a notice that the
documents are private and viewable only pursuant to section 13.045, subdivisions 4a and
4b, are deemed to be constructive notice of the contents thereof.
new text end

new text begin Subd. 6. new text end

new text begin Return of documents to public indexes. new text end

new text begin The county recorder shall
transfer information maintained in a private index or maintained as a private document
to a public index or public document only pursuant to section 13.045, subdivision 4a,
paragraph (d). For registered land where the certificate is public but documents have
been entered in the private tract index, upon returning documents to the public indexes
the registrar shall omit the notation of private documents and enter the documents in the
private index as memorials on the certificate of title, showing the name and address of the
record owner. The registrar shall then make the certificate public.
new text end