HF 4112

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; establishing an address confidentiality program for
victims of domestic violence, sexual assault, or stalking; providing program
participants with a method of voting; establishing a mail forwarding system for
program participants; prescribing criminal penalties; providing rulemaking;
appropriating money; proposing coding for new law as Minnesota Statutes,
chapter 5B.

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

Section 1.

new text begin [5B.01] FINDINGS; PURPOSE.
new text end

new text begin The legislature finds that persons attempting to escape from actual or threatened
domestic violence, sexual assault, or stalking frequently establish new addresses in
order to prevent their assailants or probable assailants from finding them. The purpose
of this chapter is to enable state and local agencies to respond to requests for public
records without disclosing the location of a victim of domestic violence, sexual assault, or
stalking; to enable interagency cooperation with the secretary of state in providing address
confidentiality for victims of domestic violence, sexual assault, or stalking; and to enable
state and local agencies to accept a program participant's use of an address designated
by the secretary of state as a substitute mailing address.
new text end

Sec. 2.

new text begin [5B.02] DEFINITIONS.
new text end

new text begin (a) For purposes of this chapter and unless the context clearly requires otherwise, the
definitions in this section have the meanings given them.
new text end

new text begin (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.
new text end

new text begin (c) "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.
new text end

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

new text begin (e) "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 end

Sec. 3.

new text begin [5B.03] ADDRESS CONFIDENTIALITY PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin An adult person, a parent or guardian acting on behalf
of a minor, or a guardian acting on behalf of an incapacitated person, as defined in section
524.5-102, may apply to the secretary of state to have an address designated by the
secretary of state serve as the person's address or the address of the minor or incapacitated
person. The secretary of state shall approve an application if it is filed in the manner and
on the form prescribed by the secretary of state and if it contains:
new text end

new text begin (1) a statement under oath or affirmation by the applicant that the applicant has good
reason to believe (i) that the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a victim of domestic violence, sexual assault, or stalking,
and (ii) that the applicant fears for his or her safety or his or her children's safety, or the
safety of the minor or incapacitated person on whose behalf the application is made;
new text end

new text begin (2) a designation of the secretary of state as agent for purposes of service of process
and for the purpose of receipt of mail;
new text end

new text begin (3) the address where the applicant can be contacted by the secretary of state, and
the phone number or numbers where the applicant can be called by the secretary of state;
new text end

new text begin (4) the new address or addresses that the applicant requests not be disclosed for
the reason that disclosure will increase the risk of domestic violence, sexual assault,
or stalking; and
new text end

new text begin (5) the signature of the applicant and of any individual or representative of any
office designated in writing under section 5B.05 who assisted in the preparation of the
application, and the date on which the applicant signed the application.
new text end

new text begin Subd. 2. new text end

new text begin Filing. new text end

new text begin Applications must be filed with the Office of the Secretary of State.
new text end

new text begin Subd. 3. new text end

new text begin Certification. new text end

new text begin Upon filing a properly completed application, the secretary
of state shall certify the applicant as a program participant. Applicants shall be certified for
four years following the date of filing unless the certification is withdrawn or invalidated
before that date. The secretary of state shall by rule establish a renewal procedure.
new text end

new text begin Subd. 4. new text end

new text begin False attesting. new text end

new text begin A person who falsely attests in an application that
disclosure of the applicant's address would endanger the applicant's safety or the safety
of the applicant's children or the minor or incapacitated person on whose behalf the
application is made, or who knowingly provides false or incorrect information upon
making an application, is subject to prosecution under section 609.48.
new text end

Sec. 4.

new text begin [5B.04] CERTIFICATION CANCELLATION.
new text end

new text begin (a) If the program participant obtains a legal change of identity, the participant
loses certification as a program participant.
new text end

new text begin (b) The secretary of state may cancel a program participant's certification if there is
a change in the residential address, unless the program participant provides the secretary
of state with at least two days' prior notice in writing of the change of address.
new text end

new text begin (c) The secretary of state may cancel certification of a program participant if
mail forwarded by the secretary to the program participant's address is returned as
nondeliverable.
new text end

new text begin (d) The secretary of state shall cancel certification of a program participant who
applies using false information.
new text end

Sec. 5.

new text begin [5B.05] AGENCY USE OF DESIGNATED ADDRESS.
new text end

new text begin (a) A program participant may request that state and local agencies use the address
designated by the secretary of state as the program participant's address. When creating
a new public record, state and local agencies shall accept the address designated by the
secretary of state as a program participant's substitute address, unless the secretary of
state has determined that:
new text end

new text begin (1) the agency has a bona fide statutory or administrative requirement for the use of
the address which would otherwise be confidential under this chapter; and
new text end

new text begin (2) the address will be used only for bona fide statutory and administrative purposes.
new text end

new text begin (b) A program participant may use the address designated by the secretary of state as
the program participant's work address.
new text end

new text begin (c) The Office of the Secretary of State shall forward all first class mail to the
appropriate program participants.
new text end

Sec. 6.

new text begin [5B.06] VOTING BY PROGRAM PARTICIPANT; USE OF
DESIGNATED ADDRESS BY COUNTY AUDITOR.
new text end

new text begin A program participant who is otherwise qualified to vote may register as an ongoing
absentee voter. The county auditor shall transmit the absentee ballot to the program
participant at the mailing address provided. Neither the name nor the address of a program
participant may be included in any list of registered voters available to the public.
new text end

Sec. 7.

new text begin [5B.07] DISCLOSURE OF RECORDS PROHIBITED; EXCEPTIONS.
new text end

new text begin The secretary of state may not make any records in a program participant's file
available for inspection or copying, other than the address designated by the secretary of
state. Records may only be released pursuant to court order.
new text end

Sec. 8.

new text begin [5B.08] ASSISTANCE FOR PROGRAM APPLICANTS.
new text end

new text begin The secretary of state shall designate state and local agencies and nonprofit agencies
that provide counseling and shelter services to victims of domestic violence, sexual
assault, or stalking to assist persons applying to be program participants. Any assistance
and counseling rendered by the Office of the Secretary of State or its designees to
applicants shall in no way be construed as legal advice.
new text end

Sec. 9.

new text begin [5B.09] ADOPTION OF RULES.
new text end

new text begin The secretary of state has good cause to adopt rules pursuant to section 14.388 to
facilitate the administration of this chapter by state and local agencies.
new text end

Sec. 10. new text begin APPROPRIATION.
new text end

new text begin $180,000 is appropriated from the general fund to the secretary of state in fiscal year
2007 for the purposes of administering sections 1 to 9.
new text end