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HF 2991

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Current Version - 1st Engrossment

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A bill for an act
relating to data practices; modifying provisions of the safe at home program;
amending Minnesota Statutes 2006, sections 5B.02; 5B.03, subdivision 1; 5B.07;
13.82, by adding a subdivision; 171.06, subdivision 3; 171.07, subdivisions 1, 3.

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

Section 1.

Minnesota Statutes 2006, 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 a residential street address, school address, or work address
of an individual, 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 (i) that the eligible person is
a victim of domestic violence, sexual assault, or stalking, or (ii) that the eligible person
fears for his or her safety or the safety of persons on whose behalf the application is made.

(f) new text begin "Mail" means first class letters and flats delivered via the United States Postal
Service, including priority, express, and certified mail, and excluding packages, parcels,
periodicals, and catalogues, unless they are clearly identifiable pharmaceuticals or clearly
indicate that they are sent by a government agency.
new text end

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

deleted text begin (g)deleted text end new text begin (h)new text end "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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2008.
new text end

Sec. 2.

Minnesota Statutes 2006, section 5B.03, subdivision 1, is amended to read:


Subdivision 1.

Application.

The secretary of state shall certify an eligible person as
a program participant when the secretary receives an application that must contain:

(1) the name of the eligible person;

(2) a statement by the applicant that the applicant has good reason to believe (i) that
the eligible person listed on the application is a victim of domestic violence, sexual assault,
or stalking, (ii) that the eligible person fears for the person's safety or the safety of persons
on whose behalf the application is made, and (iii) that the eligible person is not applying
for certification as a program participant in order to avoid prosecution for a crime;

(3) a designation of the secretary of state as agent for purposes of service of process
and for the purpose of receipt of mail;

(4) the mailing address where the eligible person can be contacted by the secretary
of state, and the phone number or numbers where the applicant or eligible person can be
called by the secretary of state;

(5) the physical address or addresses of the eligible person, disclosure of which will
increase the risk of domestic violence, sexual assault, or stalking;

(6) a statement whether the eligible person would like information on becoming an
ongoing absentee ballot recipient pursuant to section 5B.06; deleted text begin anddeleted text end

new text begin (7) a statement from the eligible person that gives the secretary of state consent to
confirm the eligible person's participation in Safe at Home to a third party who provides
the program participant's first and last name and Safe at Home lot number listed on the
program participant's card;
new text end

deleted text begin (7)deleted text end new text begin (8)new text end the signature of the applicant, an indicator of the applicant's authority to act
on behalf of the eligible person, if appropriate, the name and signature of any individual or
representative of any person who assisted in the preparation of the application, and the
date on which the application was signednew text begin ; and
new text end

new text begin (9) any other information as required by the secretary of state, to the extent permitted
by rule
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2008.
new text end

Sec. 3.

Minnesota Statutes 2006, section 5B.07, is amended to read:


5B.07 DATA CLASSIFICATION.

new text begin Subdivision 1. new text end

new text begin Classification of data. new text end

All data related to applicants, eligible persons
and program participants is private data as defined by section 13.02, subdivision 12.
A consent for release of deleted text begin informationdeleted text end new text begin the addressnew text end from an applicant, eligible person, or
program participant is not effective.

new text begin Subd. 2. new text end

new text begin Release of data. new text end

new text begin (a) Upon a request from the Bureau of Criminal
Apprehension, the secretary of state may share private data with the Bureau of Criminal
Apprehension when the secretary of state, in consultation with the Bureau of Criminal
Apprehension, determines that release will promote public safety. Private data received
by the Bureau of Criminal Apprehension may be released to a law enforcement agency
upon verification that release will aid the law enforcement agency in responding to an
emergency situation or criminal complaint or investigation.
new text end

new text begin (b) Data maintained by the secretary of state, the Bureau of Criminal Apprehension,
and law enforcement agencies related to the process for data sharing under this section
are nonpublic data but may be shared with those agencies. All data maintained related
to requests received from law enforcement agencies and the Bureau of Criminal
Apprehension for not public data under this section are private or nonpublic data.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2008.
new text end

Sec. 4.

Minnesota Statutes 2006, section 13.82, is amended by adding a subdivision to
read:


new text begin Subd. 30. new text end

new text begin Data on Safe at Home participants. new text end

new text begin Data on applicants, eligible
persons, and program participants released to a law enforcement agency under section
5B.07 is private data.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2008.
new text end

Sec. 5.

Minnesota Statutes 2006, section 171.06, subdivision 3, is amended to read:


Subd. 3.

Contents of application; other information.

(a) An application must:

(1) state the full name, date of birth, sex, and new text begin either (i) the new text end residence address of the
applicantnew text begin , or (ii) the designated address under section 5B.05new text end ;

(2) as may be required by the commissioner, contain a description of the applicant
and any other facts pertaining to the applicant, the applicant's driving privileges, and the
applicant's ability to operate a motor vehicle with safety;

(3) state:

(i) the applicant's Social Security number; or

(ii) if the applicant does not have a Social Security number and is applying for a
Minnesota identification card, instruction permit, or class D provisional or driver's license,
that the applicant certifies that the applicant does not have a Social Security number;

(4) contain a space where the applicant may indicate a desire to make an anatomical
gift according to paragraph (b); and

(5) contain a notification to the applicant of the availability of a living will/health
care directive designation on the license under section 171.07, subdivision 7.

(b) If the applicant does not indicate a desire to make an anatomical gift when
the application is made, the applicant must be offered a donor document in accordance
with section 171.07, subdivision 5. The application must contain statements sufficient
to comply with the requirements of the Uniform Anatomical Gift Act (1987), sections
525.921 to 525.9224, so that execution of the application or donor document will make
the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a
desire to make an anatomical gift. The application must be accompanied by information
describing Minnesota laws regarding anatomical gifts and the need for and benefits of
anatomical gifts, and the legal implications of making an anatomical gift, including the
law governing revocation of anatomical gifts. The commissioner shall distribute a notice
that must accompany all applications for and renewals of a driver's license or Minnesota
identification card. The notice must be prepared in conjunction with a Minnesota organ
procurement organization that is certified by the federal Department of Health and Human
Services and must include:

(1) a statement that provides a fair and reasonable description of the organ donation
process, the care of the donor body after death, and the importance of informing family
members of the donation decision; and

(2) a telephone number in a certified Minnesota organ procurement organization that
may be called with respect to questions regarding anatomical gifts.

(c) The application must be accompanied also by information containing relevant
facts relating to:

(1) the effect of alcohol on driving ability;

(2) the effect of mixing alcohol with drugs;

(3) the laws of Minnesota relating to operation of a motor vehicle while under the
influence of alcohol or a controlled substance; and

(4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests
for alcohol-related violations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2008.
new text end

Sec. 6.

Minnesota Statutes 2006, section 171.07, subdivision 1, is amended to read:


Subdivision 1.

License; contents.

(a) Upon the payment of the required fee, the
department shall issue to every qualifying applicant a license designating the type or
class of vehicles the applicant is authorized to drive as applied for. This license must
bear a distinguishing number assigned to the licensee; the licensee's full namedeleted text begin ,deleted text end new text begin andnew text end date
of birthdeleted text begin , anddeleted text end new text begin ; either (1) the licensee'snew text end residence addressnew text begin , or (2) the designated address
under section 5B.05
new text end ; a description of the licensee in a manner as the commissioner deems
necessary; and the usual signature of the licensee. No license is valid unless it bears
the usual signature of the licensee. Every license must bear a colored photograph or an
electronically produced image of the licensee.

(b) If the United States Postal Service will not deliver mail to the applicant's
residence address as listed on the license, then the applicant shall provide verification from
the United States Postal Service that mail will not be delivered to the applicant's residence
address and that mail will be delivered to a specified alternate mailing address. When an
applicant provides an alternate mailing address under this subdivision, the commissioner
shall use the alternate mailing address in lieu of the applicant's residence address for
all notices and mailings to the applicant.

(c) Every license issued to an applicant under the age of 21 must be of a
distinguishing color and plainly marked "Under-21."

(d) The department shall use processes in issuing a license that prohibit, as nearly as
possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a
photograph or electronically produced image on a license, without ready detection.

(e) A license issued to an applicant age 65 or over must be plainly marked "senior" if
requested by the applicant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2008.
new text end

Sec. 7.

Minnesota Statutes 2006, section 171.07, subdivision 3, is amended to read:


Subd. 3.

Identification card; fee.

(a) Upon payment of the required fee, the
department shall issue to every qualifying applicant a Minnesota identification card. The
department may not issue a Minnesota identification card to an individual who has a
driver's license, other than a limited license. The card must bear a distinguishing number
assigned to the applicant; a colored photograph or an electronically produced image of
the applicant; the applicant's full namedeleted text begin ,deleted text end new text begin andnew text end date of birthdeleted text begin , anddeleted text end new text begin ; either (1) the licensee'snew text end
residence addressnew text begin , or (2) the designated address under section 5B.05new text end ; a description of the
applicant in the manner as the commissioner deems necessary; and the usual signature of
the applicant.

(b) If the United States Postal Service will not deliver mail to the applicant's
residence address as listed on the Minnesota identification card, then the applicant shall
provide verification from the United States Postal Service that mail will not be delivered
to the applicant's residence address and that mail will be delivered to a specified alternate
mailing address. When an applicant provides an alternate mailing address under this
subdivision, the commissioner shall use the alternate mailing address in lieu of the
applicant's residence address for all notices and mailings to the applicant.

(c) Each identification card issued to an applicant under the age of 21 must be of a
distinguishing color and plainly marked "Under-21."

(d) Each Minnesota identification card must be plainly marked "Minnesota
identification card - not a driver's license."

(e) The fee for a Minnesota identification card is 50 cents when issued to a person
who is developmentally disabled, as defined in section 252A.02, subdivision 2; a
physically disabled person, as defined in section 169.345, subdivision 2; or, a person with
mental illness, as described in section 245.462, subdivision 20, paragraph (c).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2008.
new text end