Minnesota Legislature
HF 580
1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 05/10/2013 04:32pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to state government; regulating data protection for victims of violence;
1.3amending Minnesota Statutes 2012, sections 5B.02; 5B.03, subdivision 1; 5B.04;
1.45B.05; 5B.07, subdivision 1; 13.82, subdivision 24; proposing coding for new
1.5law in Minnesota Statutes, chapter 13.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 5B.02, is amended to read:
1.85B.02 DEFINITIONS.
1.9 (a) For purposes of this chapter and unless the context clearly requires otherwise, the
1.10definitions in this section have the meanings given them.
1.11 (b) "Address" means a residential street address, school address, or work address
1.12of an individual, as specified on the individual's application to be a program participant
1.13under this chapter.
1.14 (c) "Applicant" means an adult, a parent or guardian acting on behalf of an eligible
1.15minor, or a guardian acting on behalf of an incapacitated person, as defined in section
1.16524.5-102.
1.17 (d) "Domestic violence" means an act as defined in section 518B.01, subdivision
1.182, paragraph (a), and includes a threat of such acts committed against an individual in a
1.19domestic situation, regardless of whether these acts or threats have been reported to law
1.20enforcement officers.
1.21 (e) "Eligible person" means an adult, a minor, or an incapacitated person, as defined
1.22in section 524.5-102 for whom there is good reason to believe (i) that the eligible person
1.23is a victim of domestic violence, sexual assault, or stalking, or (ii) that the eligible
1.24person fears for the person's safety, the safety of another person who resides in the same
2.1household, or the safety of persons on whose behalf the application is made. An individual
2.2must reside in Minnesota in order to be an eligible person. A person registered or required
2.3to register as a predatory offender under section243.166 or
243.167 , or the law of another
2.4jurisdiction, is not an eligible person.
2.5 (f) "Mail" means first class letters and flats delivered via the United States Postal
2.6Service, including priority, express, and certified mail, and excluding packages, parcels,
2.7periodicals, and catalogues, unless they are clearly identifiable as pharmaceuticals or
2.8clearly indicate that they are sent by a state or county government agency.
2.9 (g) "Program participant" means an individual certified as a program participant
2.10under section 5B.03.
2.11 (h) "Stalking" means acts criminalized under section 609.749 and includes a threat
2.12of such acts committed against an individual, regardless of whether these acts or threats
2.13have been reported to law enforcement officers.
2.14 Sec. 2. Minnesota Statutes 2012, section 5B.03, subdivision 1, is amended to read:
2.15 Subdivision 1. Application. The secretary of state shall certify an eligible person as
2.16a program participant when the secretary receives an application that must contain:
2.17 (1) the full legal name of the eligible person;
2.18 (2) a statement by the applicant that the applicant has good reason to believe (i) that
2.19the eligible person listed on the application is a victim of domestic violence, sexual assault,
2.20or stalking, or (ii) that the eligible person fears for the person's safety, the safety of another
2.21person who resides in the same household, or the safety of persons on whose behalf the
2.22application is made, and (iii) that the eligible person is not applying for certification as a
2.23program participant in order to avoid prosecution for a crime;
2.24 (3) a designation of the secretary of state as agent for purposes of service of process
2.25and for the purpose of receipt of mail;
2.26 (4)the mailing address where the eligible person can be contacted by the secretary
2.27of state, and the phone number or numbers where the applicant or eligible person can be
2.28called by the secretary of state;
2.29 (5) the physical residential addressor addresses of the eligible person, disclosure of
2.30which will increase the risk of domestic violence, sexual assault, or stalking;
2.31 (6) if mail cannot be delivered to the residential address of the eligible person,
2.32the address to which mail should be sent;
2.33(6) (7) a statement whether the eligible person would like information on becoming
2.34an ongoing absentee ballot recipient pursuant to section 5B.06;
3.1(7) (8) a statement from the eligible person that gives the secretary of state consent
3.2to confirm the eligible person's participation in Safe at Home to a third party who provides
3.3the program participant's first and last name and Safe at Home lot number listed on the
3.4program participant's card;
3.5(8) (9) the signature of the applicant, an indicator of the applicant's authority to act
3.6on behalf of the eligible person, if appropriate, the name and signature of any individual or
3.7representative of any person who assisted in the preparation of the application, and the
3.8date on which the application was signed; and
3.9(9) (10) any other information as required by the secretary of state.
3.10 Sec. 3. Minnesota Statutes 2012, section 5B.04, is amended to read:
3.115B.04 CERTIFICATION CANCELLATION.
3.12(a) If the program participant obtains a legal change of identity, the participant
3.13loses certification as a program participant.
3.14(b) The secretary of state may cancel a program participant's certification if there is a
3.15change in themailing address program participant's legal name or contact information,
3.16unless the program participant or the person who signed as the applicant on behalf of
3.17an eligible person provides the secretary of state withat least two days' prior notice in
3.18writing of the changeof address.
3.19(c) The secretary of state may cancel certification of a program participant if
3.20mail forwarded by the secretary to the program participant's address is returned as
3.21nondeliverable.
3.22(d) The secretary of state may cancel a program participant's certification if the
3.23program participant is no longer an eligible person.
3.24(e) The secretary of state shall cancel certification of a program participant who
3.25applies using false information.
3.26 Sec. 4. Minnesota Statutes 2012, section 5B.05, is amended to read:
3.275B.05 USE OF DESIGNATED ADDRESS.
3.28(a) When a program participant presents the address designated by the secretary
3.29of state to any person, that address must be accepted as the address of the program
3.30participant. The person may not require the program participant to submit any address
3.31that could be used to physically locate the participant either as a substitute or in addition
3.32to the designated address, or as a condition of receiving a service or benefit, unless the
3.33service or benefit would be impossible to provide without knowledge of the program
3.34participant's physical location.
4.1(b) A program participant may use the address designated by the secretary of state as
4.2the program participant's work address.
4.3(c) The Office of the Secretary of State shall forward all mail sent to the designated
4.4address to the proper program participants.
4.5(d) If a program participant has notified a person in writing, on a form prescribed
4.6by the program, that the individual is a program participant and of the requirements of
4.7this section, the person must not knowingly disclose the program participant's name,
4.8home address, work address, or school address, unless the person to whom the address is
4.9disclosed also lives, works, or goes to school at the address disclosed, or the participant
4.10has provided written consent to disclosure of the participant's name, home address, work
4.11address, or school address for the purpose for which the disclosure will be made. This
4.12paragraph does not apply to records of the judicial branch governed by rules adopted by
4.13the Supreme Court.
4.14 Sec. 5. Minnesota Statutes 2012, section 5B.07, subdivision 1, is amended to read:
4.15 Subdivision 1. Classification of data. (a) Data collected, created, or maintained
4.16by the secretary of state related to applicants, eligible persons, and program participants
4.17are private data on individuals as defined by section 13.02, subdivision 12. A consent
4.18for release of the address from an applicant, eligible person, or program participant is
4.19not effective.
4.20(b) A program participant's name and address maintained by a local government
4.21entity in connection with an active investigation or inspection of an alleged health code,
4.22building code, fire code, or city ordinance violation allegedly committed by the program
4.23participant are private data on individuals as defined in section13.02 .
4.24EFFECTIVE DATE.This section is effective January 1, 2014.
4.25 Sec. 6. [13.045] SAFE AT HOME PROGRAM PARTICIPANT DATA.
4.26 Subdivision 1. Definitions. As used in this section:
4.27(1) "program participant" has the meaning given in section 5B.02, paragraph (g); and
4.28(2) "identity and location data" means any data that may be used to identify
4.29or physically locate a program participant, including but not limited to the program
4.30participant's name, residential address, work address, and school address, and that is
4.31collected, received, or maintained by a government entity prior to the date a program
4.32participant's certification expires, or the date the entity receives notice that the program
4.33participant has withdrawn from the program, whichever is earlier.
5.1 Subd. 2. Notification of certification. A program participant may submit a notice,
5.2in writing, to the responsible authority of any government entity that the participant is
5.3certified in the Safe at Home address confidentiality program pursuant to chapter 5B. The
5.4notice must include the date the program participant's certification in the program expires.
5.5A program participant may submit a subsequent notice of certification, if the participant's
5.6certification is renewed. The contents of the notification of certification, and the fact that a
5.7notice has been submitted, are private data on individuals.
5.8 Subd. 3. Classification of identity and location data; sharing and dissemination.
5.9Identity and location data on a program participant that are not otherwise classified by
5.10law are private data on individuals. Notwithstanding any provision of law to the contrary,
5.11private or confidential identity and location data on a program participant who submits
5.12a notice under subdivision 2 may not be shared with any other government entity, or
5.13disseminated to any person, unless:
5.14(1) the program participant has expressly consented in writing to sharing or
5.15dissemination of the data for the purpose for which the sharing or dissemination will occur;
5.16(2) the data are subject to sharing or dissemination pursuant to court order; or
5.17(3) the data are subject to sharing pursuant to section 5B.07, subdivision 2.
5.18 Subd. 4. Acceptance of alternate address required. Regardless of whether a
5.19notice of certification has been submitted under subdivision 2, a government entity must
5.20accept the address designated by the secretary of state as a program participant's address,
5.21and is subject to the requirements contained in section 5B.05.
5.22 Subd. 5. Duties of the secretary of state and other government entities limited.
5.23Nothing in this section establishes a duty for:
5.24(1) the Office of the Secretary of State to identify other government entities that
5.25may hold data on a program participant; or
5.26(2) the responsible authority of any government entity to independently determine
5.27whether it maintains data on a program participant, unless a request is received pursuant to
5.28section 13.04 or a notice of certification is submitted pursuant to this section.
5.29EFFECTIVE DATE.This section is effective July 1, 2013.
5.30 Sec. 7. Minnesota Statutes 2012, section 13.82, subdivision 24, is amended to read:
5.31 Subd. 24. Exchanges of information. Nothing in this chapter prohibits the
5.32exchange of information by law enforcement agencies provided the exchanged information
5.33is pertinent and necessary to the requesting agency in initiating, furthering, or completing
5.34an investigation, except not public personnel data and data governed by section 13.045.
6.1EFFECTIVE DATE.This section is effective July 1, 2013.
1.3amending Minnesota Statutes 2012, sections 5B.02; 5B.03, subdivision 1; 5B.04;
1.45B.05; 5B.07, subdivision 1; 13.82, subdivision 24; proposing coding for new
1.5law in Minnesota Statutes, chapter 13.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 5B.02, is amended to read:
1.85B.02 DEFINITIONS.
1.9 (a) For purposes of this chapter and unless the context clearly requires otherwise, the
1.10definitions in this section have the meanings given them.
1.11 (b) "Address" means a residential street address, school address, or work address
1.12of an individual, as specified on the individual's application to be a program participant
1.13under this chapter.
1.14 (c) "Applicant" means an adult, a parent or guardian acting on behalf of an eligible
1.15minor, or a guardian acting on behalf of an incapacitated person, as defined in section
1.16524.5-102.
1.17 (d) "Domestic violence" means an act as defined in section 518B.01, subdivision
1.182, paragraph (a), and includes a threat of such acts committed against an individual in a
1.19domestic situation, regardless of whether these acts or threats have been reported to law
1.20enforcement officers.
1.21 (e) "Eligible person" means an adult, a minor, or an incapacitated person, as defined
1.22in section 524.5-102 for whom there is good reason to believe (i) that the eligible person
1.23is a victim of domestic violence, sexual assault, or stalking, or (ii) that the eligible
1.24person fears for the person's safety, the safety of another person who resides in the same
2.1household, or the safety of persons on whose behalf the application is made. An individual
2.2must reside in Minnesota in order to be an eligible person. A person registered or required
2.3to register as a predatory offender under section
2.4jurisdiction, is not an eligible person.
2.5 (f) "Mail" means first class letters and flats delivered via the United States Postal
2.6Service, including priority, express, and certified mail, and excluding packages, parcels,
2.7periodicals, and catalogues, unless they are clearly identifiable as pharmaceuticals or
2.8clearly indicate that they are sent by a state or county government agency.
2.9 (g) "Program participant" means an individual certified as a program participant
2.10under section 5B.03.
2.11 (h) "Stalking" means acts criminalized under section 609.749 and includes a threat
2.12of such acts committed against an individual, regardless of whether these acts or threats
2.13have been reported to law enforcement officers.
2.14 Sec. 2. Minnesota Statutes 2012, section 5B.03, subdivision 1, is amended to read:
2.15 Subdivision 1. Application. The secretary of state shall certify an eligible person as
2.16a program participant when the secretary receives an application that must contain:
2.17 (1) the full legal name of the eligible person;
2.18 (2) a statement by the applicant that the applicant has good reason to believe (i) that
2.19the eligible person listed on the application is a victim of domestic violence, sexual assault,
2.20or stalking, or (ii) that the eligible person fears for the person's safety, the safety of another
2.21person who resides in the same household, or the safety of persons on whose behalf the
2.22application is made, and (iii) that the eligible person is not applying for certification as a
2.23program participant in order to avoid prosecution for a crime;
2.24 (3) a designation of the secretary of state as agent for purposes of service of process
2.25and for the purpose of receipt of mail;
2.26 (4)
2.27
2.28called by the secretary of state;
2.29 (5) the physical residential address
2.30which will increase the risk of domestic violence, sexual assault, or stalking;
2.31 (6) if mail cannot be delivered to the residential address of the eligible person,
2.32the address to which mail should be sent;
2.33
2.34an ongoing absentee ballot recipient pursuant to section 5B.06;
3.1
3.2to confirm the eligible person's participation in Safe at Home to a third party who provides
3.3the program participant's first and last name and Safe at Home lot number listed on the
3.4program participant's card;
3.5
3.6on behalf of the eligible person, if appropriate, the name and signature of any individual or
3.7representative of any person who assisted in the preparation of the application, and the
3.8date on which the application was signed; and
3.9
3.10 Sec. 3. Minnesota Statutes 2012, section 5B.04, is amended to read:
3.115B.04 CERTIFICATION CANCELLATION.
3.12(a) If the program participant obtains a legal change of identity, the participant
3.13loses certification as a program participant.
3.14(b) The secretary of state may cancel a program participant's certification if there is a
3.15change in the
3.16unless the program participant or the person who signed as the applicant on behalf of
3.17an eligible person provides the secretary of state with
3.18writing of the change
3.19(c) The secretary of state may cancel certification of a program participant if
3.20mail forwarded by the secretary to the program participant's address is returned as
3.21nondeliverable.
3.22(d) The secretary of state may cancel a program participant's certification if the
3.23program participant is no longer an eligible person.
3.24(e) The secretary of state shall cancel certification of a program participant who
3.25applies using false information.
3.26 Sec. 4. Minnesota Statutes 2012, section 5B.05, is amended to read:
3.275B.05 USE OF DESIGNATED ADDRESS.
3.28(a) When a program participant presents the address designated by the secretary
3.29of state to any person, that address must be accepted as the address of the program
3.30participant. The person may not require the program participant to submit any address
3.31that could be used to physically locate the participant either as a substitute or in addition
3.32to the designated address, or as a condition of receiving a service or benefit, unless the
3.33service or benefit would be impossible to provide without knowledge of the program
3.34participant's physical location.
4.1(b) A program participant may use the address designated by the secretary of state as
4.2the program participant's work address.
4.3(c) The Office of the Secretary of State shall forward all mail sent to the designated
4.4address to the proper program participants.
4.5(d) If a program participant has notified a person in writing, on a form prescribed
4.6by the program, that the individual is a program participant and of the requirements of
4.7this section, the person must not knowingly disclose the program participant's name,
4.8home address, work address, or school address, unless the person to whom the address is
4.9disclosed also lives, works, or goes to school at the address disclosed, or the participant
4.10has provided written consent to disclosure of the participant's name, home address, work
4.11address, or school address for the purpose for which the disclosure will be made. This
4.12paragraph does not apply to records of the judicial branch governed by rules adopted by
4.13the Supreme Court.
4.14 Sec. 5. Minnesota Statutes 2012, section 5B.07, subdivision 1, is amended to read:
4.15 Subdivision 1. Classification of data. (a) Data collected, created, or maintained
4.16by the secretary of state related to applicants, eligible persons, and program participants
4.17are private data on individuals as defined by section 13.02, subdivision 12. A consent
4.18for release of the address from an applicant, eligible person, or program participant is
4.19not effective.
4.20(b) A program participant's name and address maintained by a local government
4.21entity in connection with an active investigation or inspection of an alleged health code,
4.22building code, fire code, or city ordinance violation allegedly committed by the program
4.23participant are private data on individuals as defined in section
4.24EFFECTIVE DATE.This section is effective January 1, 2014.
4.25 Sec. 6. [13.045] SAFE AT HOME PROGRAM PARTICIPANT DATA.
4.26 Subdivision 1. Definitions. As used in this section:
4.27(1) "program participant" has the meaning given in section 5B.02, paragraph (g); and
4.28(2) "identity and location data" means any data that may be used to identify
4.29or physically locate a program participant, including but not limited to the program
4.30participant's name, residential address, work address, and school address, and that is
4.31collected, received, or maintained by a government entity prior to the date a program
4.32participant's certification expires, or the date the entity receives notice that the program
4.33participant has withdrawn from the program, whichever is earlier.
5.1 Subd. 2. Notification of certification. A program participant may submit a notice,
5.2in writing, to the responsible authority of any government entity that the participant is
5.3certified in the Safe at Home address confidentiality program pursuant to chapter 5B. The
5.4notice must include the date the program participant's certification in the program expires.
5.5A program participant may submit a subsequent notice of certification, if the participant's
5.6certification is renewed. The contents of the notification of certification, and the fact that a
5.7notice has been submitted, are private data on individuals.
5.8 Subd. 3. Classification of identity and location data; sharing and dissemination.
5.9Identity and location data on a program participant that are not otherwise classified by
5.10law are private data on individuals. Notwithstanding any provision of law to the contrary,
5.11private or confidential identity and location data on a program participant who submits
5.12a notice under subdivision 2 may not be shared with any other government entity, or
5.13disseminated to any person, unless:
5.14(1) the program participant has expressly consented in writing to sharing or
5.15dissemination of the data for the purpose for which the sharing or dissemination will occur;
5.16(2) the data are subject to sharing or dissemination pursuant to court order; or
5.17(3) the data are subject to sharing pursuant to section 5B.07, subdivision 2.
5.18 Subd. 4. Acceptance of alternate address required. Regardless of whether a
5.19notice of certification has been submitted under subdivision 2, a government entity must
5.20accept the address designated by the secretary of state as a program participant's address,
5.21and is subject to the requirements contained in section 5B.05.
5.22 Subd. 5. Duties of the secretary of state and other government entities limited.
5.23Nothing in this section establishes a duty for:
5.24(1) the Office of the Secretary of State to identify other government entities that
5.25may hold data on a program participant; or
5.26(2) the responsible authority of any government entity to independently determine
5.27whether it maintains data on a program participant, unless a request is received pursuant to
5.28section 13.04 or a notice of certification is submitted pursuant to this section.
5.29EFFECTIVE DATE.This section is effective July 1, 2013.
5.30 Sec. 7. Minnesota Statutes 2012, section 13.82, subdivision 24, is amended to read:
5.31 Subd. 24. Exchanges of information. Nothing in this chapter prohibits the
5.32exchange of information by law enforcement agencies provided the exchanged information
5.33is pertinent and necessary to the requesting agency in initiating, furthering, or completing
5.34an investigation, except not public personnel data and data governed by section 13.045.
6.1EFFECTIVE DATE.This section is effective July 1, 2013.