HF 580

as introduced - 88th Legislature (2013 - 2014) Posted on 02/14/2013 01:56pm

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.10, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 5B.02, is amended to read:

5B.02 DEFINITIONS.

(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 safety new 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 a new text begin state or county new 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.

Sec. 2.

Minnesota Statutes 2012, section 5B.03, subdivision 1, is amended to read:

Subdivision 1.

Application.

The secretary of state shall certify an eligible person as
a program participant when the secretary receives an application that must contain:

(1) the new text begin full legal new 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 or new text end (ii) that the eligible person fears for the person's safety new 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, and deleted text end the phone number or numbers where the applicant or eligible person can be
called by the secretary of state;

(5) the physical new text begin residential new text end address deleted text begin or addresses deleted 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.

Sec. 3.

Minnesota Statutes 2012, section 5B.04, is amended to read:

5B.04 CERTIFICATION CANCELLATION.

(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 address deleted text end new text begin program participant's legal name or contact information new 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 address deleted 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.

Sec. 4.

Minnesota Statutes 2012, section 5B.05, is amended to read:

5B.05 USE OF DESIGNATED ADDRESS.

(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.

(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) No entity or person shall knowingly disclose the residential street address, school
address, or work address of a program participant unless the program participant has
given signed permission for the disclosure.
new text end

Sec. 5.

Minnesota Statutes 2012, section 5B.10, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Release by a municipal utility. new text end

new text begin If a program participant has notified the
program participant's municipal utility in writing on a form prescribed by the program
that the individual is a program participant and of the requirements of this section, the
program participant's name is private data on individuals as defined in section 13.02,
subdivision 12, and the municipal utility must not release the program participant's name
at an address otherwise protected under this chapter.
new text end