HF 3370

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to data privacy; establishing an address 
  1.3             confidentiality program for victims of domestic 
  1.4             violence; appropriating money; proposing coding for 
  1.5             new law in Minnesota Statutes, chapters 13; and 517.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [13.20] [ADDRESS CONFIDENTIALITY PROGRAM FOR 
  1.8   VICTIMS OF DOMESTIC VIOLENCE.] 
  1.9      Subdivision 1.  [DEFINITIONS.] The definitions in this 
  1.10  subdivision apply to this section.  
  1.11     (a) "Address" means a residential street address, school 
  1.12  address, or work address of an individual, as specified on the 
  1.13  individual's application to be a program participant under this 
  1.14  section.  
  1.15     (b) "Program participant" means a person certified to 
  1.16  participate in the address confidentiality program under this 
  1.17  section.  
  1.18     (c) "Domestic violence" means an act as defined in section 
  1.19  518B.01 and includes a threat of such acts committed against an 
  1.20  individual in a domestic situation, regardless of whether these 
  1.21  acts or threats have been reported to law enforcement officers.  
  1.22     Subd. 2.  [APPLICATION; CERTIFICATION.] (a) An adult 
  1.23  person, a parent or guardian acting on behalf of a minor, or a 
  1.24  guardian acting on behalf of an incapacitated person, as defined 
  1.25  in section 525.54, subdivision 2, may apply to the secretary of 
  2.1   state to have an address designated by the secretary of state 
  2.2   serve as the person's address or the address of the minor or 
  2.3   incapacitated person.  The secretary of state shall approve an 
  2.4   application if it is filed with the secretary of state and if it 
  2.5   contains:  
  2.6      (1) the full name and date of birth of the applicant; 
  2.7      (2) a sworn statement by the applicant that the applicant 
  2.8   has good reason to believe (i) that the applicant, or the minor 
  2.9   or incapacitated person on whose behalf the application is made, 
  2.10  is a victim of domestic violence; and (ii) that the applicant 
  2.11  fears for his or her safety or his or her children's safety, or 
  2.12  the safety of the minor or incapacitated person on whose behalf 
  2.13  the application is made; 
  2.14     (3) a designation of the secretary of state as agent for 
  2.15  purposes of service of process and for the purpose of receipt of 
  2.16  mail, including certified or registered mail; 
  2.17     (4) the mailing address where the applicant can be 
  2.18  contacted by the secretary of state and the telephone number or 
  2.19  numbers where the applicant can be called by the secretary of 
  2.20  state; 
  2.21     (5) the new address or addresses that the applicant 
  2.22  requests not be disclosed for the reason that disclosure will 
  2.23  increase the risk of domestic violence; 
  2.24     (6) the signature of the applicant and of any individual or 
  2.25  representative of any office designated by the secretary of 
  2.26  state's office under this chapter who assisted in the 
  2.27  preparation of the application, and the date on which the 
  2.28  applicant signed the application.  
  2.29     (b) Applications shall be filed with the office of 
  2.30  secretary of state. 
  2.31     (c) Upon filing of a properly completed application, the 
  2.32  secretary of state shall certify the applicant as a program 
  2.33  participant.  Applicants shall be certified for four years 
  2.34  following the date of filing unless the certification is 
  2.35  withdrawn or invalidated before that date.  The secretary of 
  2.36  state shall establish a renewal procedure.  
  3.1      Subd. 3.  [CERTIFICATION CANCELLATION.] (a) The secretary 
  3.2   of state may cancel a program participant's certification if 
  3.3   there is a change in the residential address from the one listed 
  3.4   on the application, unless the program participant provides the 
  3.5   secretary of state with prior notice of the change of address.  
  3.6      (b) The secretary of state may cancel certification of a 
  3.7   program participant if mail forwarded by the secretary to the 
  3.8   program participant's address is returned as nondeliverable.  
  3.9      (c) The secretary of state shall cancel certification of a 
  3.10  program participant who applies using false information.  
  3.11     Subd. 4.  [AGENCY USE OF DESIGNATED ADDRESS.] (a) A program 
  3.12  participant may request that state agencies and political 
  3.13  subdivisions use the address designated by the secretary of 
  3.14  state as his or her address.  When creating a new government 
  3.15  record, state and local agencies shall accept the address 
  3.16  designated by the secretary of state as a program participant's 
  3.17  substitute address, unless the secretary of state has determined 
  3.18  that:  
  3.19     (1) the agency has a bona fide statutory or administrative 
  3.20  requirement for the use of the address which would otherwise be 
  3.21  confidential under this chapter; and 
  3.22     (2) this address will be used only for those statutory and 
  3.23  administrative purposes.  
  3.24     (b) A program participant may use the address designated by 
  3.25  the secretary of state as his or her work address.  
  3.26     (c) The office of the secretary of state shall forward all 
  3.27  first class mail to the appropriate program participants.  
  3.28     Subd. 5.  [DISCLOSURE OF ADDRESS PROHIBITED; 
  3.29  EXCEPTIONS.] All data about an applicant for program 
  3.30  participation or about a program participant maintained by the 
  3.31  secretary of state, with the exception of the address designated 
  3.32  by the secretary of state, are private data.  Private data may 
  3.33  be used or disseminated as follows:  
  3.34     (1) if a law enforcement agency provides, in writing, the 
  3.35  name and date of birth of the program participant, and 
  3.36  satisfactorily demonstrates to the secretary of state that the 
  4.1   request is made in the proper exercise of the law enforcement 
  4.2   agency's official duties, the secretary of state may disseminate 
  4.3   data to the law enforcement agency; or 
  4.4      (2) pursuant to a court order.  
  4.5      Subd. 6.  [ASSISTANCE FOR PROGRAM APPLICANTS.] The 
  4.6   secretary of state shall designate state and local agencies and 
  4.7   nonprofit agencies that provide counseling and shelter services 
  4.8   to victims of domestic violence to assist persons applying to be 
  4.9   program participants.  Any assistance and counseling rendered by 
  4.10  the office of the secretary of state or its designees to 
  4.11  applicants shall in no way be construed as legal advice.  
  4.12     Subd. 7.  [ADOPTION OF RULES.] The secretary of state may 
  4.13  adopt rules and procedures to facilitate the administration of 
  4.14  this chapter by state and local agencies.  
  4.15     Sec. 2.  [517.22] [WHEN DISCLOSURE OF MARRIAGE APPLICATIONS 
  4.16  AND RECORDS PROHIBITED.] 
  4.17     If a program participant as defined in section 13.20 
  4.18  notifies the appropriate court administrator as required under 
  4.19  procedures or rules adopted by the secretary of state, the court 
  4.20  administrator must not make available for inspection or copying 
  4.21  the name and address of a program participant contained in 
  4.22  marriage license applications and records filed under this 
  4.23  chapter, except under the following circumstances:  
  4.24     (1) if a law enforcement agency provides, in writing, the 
  4.25  name and date of birth of the program participant, and 
  4.26  satisfactorily demonstrates to the secretary of state that the 
  4.27  request is made in the proper exercise of the law enforcement 
  4.28  agency's official duties, the court administrator may 
  4.29  disseminate data to the law enforcement agency; or 
  4.30     (2) pursuant to a court order.  
  4.31     Sec. 3.  [APPROPRIATION.] 
  4.32     $....... is appropriated from the general fund to the 
  4.33  office of the secretary of state for the purposes of the address 
  4.34  confidentiality program for victims of domestic violence 
  4.35  established in Minnesota Statutes, section 13.20, to be 
  4.36  available until June 30, 1999.