HF 4112

1st Engrossment - 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; providing for adoption of rules; 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 data 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
program participants to use an address designated by the secretary of state as a substitute
mailing address for all purposes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
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) "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.
new text end

new text begin (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.
new text end

new text begin (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 stalking, or (2) that the eligible person
fears for his or her safety or the safety of persons on whose behalf the application is made.
new text end

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

new text begin (g) "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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
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 The secretary of state shall certify an eligible person as
a program participant when the secretary receives an application that must contain:
new text end

new text begin (1) a statement by the applicant that the applicant has good reason to believe that the
eligible person (i) listed on the application is a victim of domestic violence, sexual assault,
or stalking, (ii) fears for the person's safety or the safety of persons on whose behalf the
application is made, and (iii) is not applying for certification as a program participant
in order to avoid prosecution for a crime;
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 mailing address where the eligible person can be contacted by the secretary
of state and the telephone number or numbers where the applicant or eligible person can
be called by the secretary of state;
new text end

new text begin (4) the physical address or addresses of the eligible person, disclosure of which will
increase the risk of domestic violence, sexual assault, or stalking;
new text end

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

new text begin (6) 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 signed.
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 secretary of state and are
subject to the provisions of section 5.15.
new text end

new text begin Subd. 3. new text end

new text begin Certification. new text end

new text begin Upon filing a completed application, the secretary of state
shall certify the eligible person as a program participant. Program participants shall be
certified for four years following the date of filing unless the certification is cancelled,
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 Changes in information. new text end

new text begin Program participants or applicants must inform
the secretary of state of any changes in the information submitted on the application.
new text end

new text begin Subd. 5. new text end

new text begin Designated address. new text end

new text begin The secretary of state must designate a mailing
address to which all mail for program participants is to be sent.
new text end

new text begin Subd. 6. new text end

new text begin Attaining age of majority. new text end

new text begin A person who became a program participant as
a minor assumes responsibility for changes in information and renewal when the person
reaches age 18.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
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 mailing address, unless the program participant or the person who signed
as the applicant on behalf of an eligible person 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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
new text end

Sec. 5.

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

new text begin (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.
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 mail sent to the designated
address to the proper program participants.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
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 with the
secretary of state as an ongoing absentee voter. The secretary of state shall determine the
precinct in which the residential address of the program participant is located and shall
request from and receive from the county auditor or other election official the ballot for
that precinct and shall forward the absentee ballot to the program participant with the other
materials for absentee balloting as required by Minnesota law. The program participant
shall complete the ballot and return it to the secretary of state, who shall review the ballot
in the manner provided by section 203B.24. If the ballot and ballot materials comply with
the requirements of that section, the ballot must be certified by the secretary of state as
the ballot of a program participant and must be forwarded to the appropriate electoral
jurisdiction for tabulation along with all other ballots. The name and address of a program
participant must not be listed in the statewide voter registration system.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
new text end

Sec. 7.

new text begin [5B.07] DATA CLASSIFICATION.
new text end

new text begin 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 information
from an applicant is not effective.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
new text end

Sec. 8.

new text begin [5B.08] ADOPTION OF RULES.
new text end

new text begin Enactment of this section satisfies the requirements of section 14.388, subdivision
1, for the enactment of rules to facilitate the administration of this chapter by state and
local agencies.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
new text end