3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/14/2013 08:35pm
A bill for an act
relating to state government; regulating data protection for victims of violence;
amending Minnesota Statutes 2012, sections 5B.02; 5B.03, subdivision 1; 5B.04;
5B.05; 5B.07, subdivision 1; 13.82, subdivision 24; proposing coding for new
law in Minnesota Statutes, chapter 13.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2012, section 5B.02, is amended to read:
(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 the person's safetynew text begin , the safety of another person who resides in the same
household,new text end or the safety of persons on whose behalf the application is made.new text begin An individual
must reside in Minnesota in order to be an eligible person.new text end A person registered or required
to register as a predatory offender under section 243.166 or 243.167, or the law of another
jurisdiction, is not an eligible person.
(f) "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 as pharmaceuticals or
clearly indicate that they are sent by anew text begin state or countynew text end government agency.
(g) "Program participant" means an individual certified as a program participant
under section 5B.03.
(h) "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.
Minnesota Statutes 2012, section 5B.03, subdivision 1, is amended to read:
The secretary of state shall certify an eligible person as
a program participant when the secretary receives an application that must contain:
(1) thenew text begin full legalnew text end 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,new text begin ornew text end (ii) that the eligible person fears for the person's safetynew text begin , the safety of another
person who resides in the same household,new text end 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) deleted text begin the mailing address where the eligible person can be contacted by the secretary
of state, anddeleted text end the phone number or numbers where the applicant or eligible person can be
called by the secretary of state;
(5) the physicalnew text begin residentialnew text end address deleted text begin or addressesdeleted text end of the eligible person, disclosure of
which will increase the risk of domestic violence, sexual assault, or stalking;
new text begin
(6) if mail cannot be delivered to the residential address of the eligible person,
the address to which mail should be sent;
new text end
deleted text begin (6)deleted text end new text begin (7)new text end a statement whether the eligible person would like information on becoming
an ongoing absentee ballot recipient pursuant to section 5B.06;
deleted text begin (7)deleted text end new text begin (8)new text end 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;
deleted text begin (8)deleted text end new text begin (9)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 signed; and
deleted text begin (9)deleted text end new text begin (10)new text end any other information as required by the secretary of state.
Minnesota Statutes 2012, section 5B.04, is amended to read:
(a) If the program participant obtains a legal change of identity, the participant
loses certification as a program participant.
(b) The secretary of state may cancel a program participant's certification if there is a
change in the deleted text begin mailing addressdeleted text end new text begin program participant's legal name or contact informationnew text end ,
unless the program participant or the person who signed as the applicant on behalf of
an eligible person provides the secretary of state with deleted text begin at least two days'deleted text end prior notice in
writing of the change deleted text begin of addressdeleted text end .
(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.
(d)new text begin The secretary of state may cancel a program participant's certification if the
program participant is no longer an eligible person.
new text end
new text begin (e)new text end The secretary of state shall cancel certification of a program participant who
applies using false information.
Minnesota Statutes 2012, section 5B.05, is amended to read:
(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 begin The person may not require the program participant to submit any address
that could be used to physically locate the participant either as a substitute or in addition
to the designated address, or as a condition of receiving a service or benefit, unless the
service or benefit would be impossible to provide without knowledge of the program
participant's physical location.
new text end
(b) A program participant may use the address designated by the secretary of state as
the program participant's work address.
(c) The Office of the Secretary of State shall forward all mail sent to the designated
address to the proper program participants.
new text begin
(d) If a program participant has notified a person in writing, on a form prescribed
by the program, that the individual is a program participant and of the requirements of
this section, the person must not knowingly disclose the program participant's name,
home address, work address, or school address, unless the person to whom the address is
disclosed also lives, works, or goes to school at the address disclosed, or the participant
has provided written consent to disclosure of the participant's name, home address, work
address, or school address for the purpose for which the disclosure will be made. This
paragraph does not apply to records of the judicial branch governed by rules adopted by
the Supreme Court.
new text end
Minnesota Statutes 2012, section 5B.07, subdivision 1, is amended to read:
(a) Datanew text begin collected, created, or maintained
by the secretary of statenew text end related to applicants, eligible persons, and program participants
are private data on individuals as defined by section 13.02, subdivision 12. A consent
for release of the address from an applicant, eligible person, or program participant is
not effective.
(b) A program participant's name and address maintained by a local government
entity in connection with an active investigation or inspection of an alleged health code,
building code, fire code, or city ordinance violation allegedly committed by the program
participant are private data on individuals as defined in section 13.02.
new text begin
This section is effective January 1, 2014.
new text end
new text begin
As used in this section:
new text end
new text begin
(1) "program participant" has the meaning given in section 5B.02, paragraph (g); and
new text end
new text begin
(2) "identity and location data" means any data that may be used to identify
or physically locate a program participant, including but not limited to the program
participant's name, residential address, work address, and school address, and that is
collected, received, or maintained by a government entity prior to the date a program
participant's certification expires, or the date the entity receives notice that the program
participant has withdrawn from the program, whichever is earlier.
new text end
new text begin
A program participant may submit a notice,
in writing, to the responsible authority of any government entity that the participant is
certified in the Safe at Home address confidentiality program pursuant to chapter 5B. The
notice must include the date the program participant's certification in the program expires.
A program participant may submit a subsequent notice of certification, if the participant's
certification is renewed. The contents of the notification of certification, and the fact that a
notice has been submitted, are private data on individuals.
new text end
new text begin
Identity and location data on a program participant that are not otherwise classified by
law are private data on individuals. Notwithstanding any provision of law to the contrary,
private or confidential identity and location data on a program participant who submits
a notice under subdivision 2 may not be shared with any other government entity, or
disseminated to any person, unless:
new text end
new text begin
(1) the program participant has expressly consented in writing to sharing or
dissemination of the data for the purpose for which the sharing or dissemination will occur;
new text end
new text begin
(2) the data are subject to sharing or dissemination pursuant to court order; or
new text end
new text begin
(3) the data are subject to sharing pursuant to section 5B.07, subdivision 2.
new text end
new text begin
Regardless of whether a
notice of certification has been submitted under subdivision 2, a government entity must
accept the address designated by the secretary of state as a program participant's address,
and is subject to the requirements contained in section 5B.05.
new text end
new text begin
Nothing in this section establishes a duty for:
new text end
new text begin
(1) the Office of the Secretary of State to identify other government entities that
may hold data on a program participant; or
new text end
new text begin
(2) the responsible authority of any government entity to independently determine
whether it maintains data on a program participant, unless a request is received pursuant to
section 13.04 or a notice of certification is submitted pursuant to this section.
new text end
new text begin
This section is effective July 1, 2013.
new text end
Minnesota Statutes 2012, section 13.82, subdivision 24, is amended to read:
Nothing in this chapter prohibits the
exchange of information by law enforcement agencies provided the exchanged information
is pertinent and necessary to the requesting agency in initiating, furthering, or completing
an investigation, except not public personnel datanew text begin and data governed by section 13.045new text end .
new text begin
This section is effective July 1, 2013.
new text end