Minnesota Legislature
SF 2277
1st Engrossment - 88th Legislature (2013 - 2014) Posted on 08/28/2014 03:01pm
Current Version - 1st Engrossment
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A bill for an act
relating to the safe at home program; regulating participant data and real property
records; amending Minnesota Statutes 2013 Supplement, sections 5B.05; 13.045.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2013 Supplement, 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. 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.
(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.
(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 Courtnew text begin or government entities governed by section 13.045new text end .
Sec. 2.
Minnesota Statutes 2013 Supplement, section 13.045, is amended to read:
13.045 SAFE AT HOME PROGRAM PARTICIPANT DATA.
Subdivision 1.
Definitions.
As used in this section:
(1) "program participant" has the meaning given in section 5B.02, paragraph (g); deleted text begin and
deleted text end
(2) "deleted text begin identity anddeleted text end location data" means any data that may be used to deleted text begin identify
ordeleted text end physically locate a program participant, including but not limited to the program
participant's deleted text begin name,deleted text end 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 earliernew text begin ; and
new text end
new text begin (3) "identity data" means data that may be used to identify a program participant,
including the program participant's name, phone number, e-mail address, address
designated under chapter 5B, Social Security number, or driver's license number, and that
is collected, received, or maintained by a government entity before 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 earliernew text end .
Subd. 2.
Notification of certification.
new text begin (a) new text end A program participant may submit a
notice, in writing, to the responsible authority of any government entitynew text begin other than the
county recorder or registrar of titlesnew text end 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 expiresnew text begin and any other information
specified by the secretary of statenew text end . A program participant may submit a subsequent notice
of certification, if the participant's certification is renewed. The contents of the notification
of certificationdeleted text begin , and the fact that a notice has been submitted,deleted text end are private data on individuals.
new text begin
(b) To affect real property records maintained by the county recorder or registrar of
titles, a program participant must submit a real property notice in writing to the county
recorder or registrar of titles in the county where the property identified in the real property
notice is located. A real property notice must be on a form prescribed by the secretary of
state and must include:
new text end
new text begin
(1) the full legal name of the program participant, including middle name;
new text end
new text begin
(2) the last four digits of the program participant's Social Security number;
new text end
new text begin
(3) the designated address of the program participant as assigned by the secretary of
state, including lot number;
new text end
new text begin
(4) the date the program participant's certification in the program expires; and
new text end
new text begin
(5) the legal description and street address of the real property affected by the notice.
new text end
new text begin
Only one parcel of real property may be included in each notice, but more than one notice
may be presented to the recorder or registrar. The recorder or registrar may require a
program participant to provide additional information necessary to identify the records of
the program participant or the real property described in the notice. A program participant
may submit a subsequent real property notice for the real property if the participant's
certification is renewed. The real property notice is private data on individuals.
new text end
Subd. 3.
Classification of identity and location data; sharing and dissemination.
new text begin (a) new text end 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 deleted text begin identity anddeleted text end location data on a program participant who
submits a notice under subdivision 2new text begin , paragraph (a),new text end may not be shared with any other
government entitydeleted text begin , or disseminated to any person, unless:deleted text end new text begin or nongovernmental entity
except as provided in paragraph (b).
new text end
new text begin
(b) Private or confidential location data on a program participant must not be shared
or disclosed by a government entity unless:
new text end
(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;
(2) the data are subject to sharing or dissemination pursuant to court order; or
(3) the data are subject to sharing pursuant to section 5B.07, subdivision 2new text begin ;
new text end
new text begin
(4) the location data related to county of residence are needed to provide public
assistance or other government services, or to allocate financial responsibility for the
assistance or services;
new text end
new text begin
(5) the data are necessary to perform a government entity's health, safety, or welfare
functions, including the provision of emergency 911 services, the assessment and
investigation of child or vulnerable adult abuse or neglect, or the assessment or inspection
of services or locations for compliance with health, safety, or professional standards; or
new text end
new text begin (6) the data are necessary to aid an active law enforcement investigation of the
program participantnew text end .
new text begin
(c) Data disclosed under paragraph (b), clauses (4) to (6), may be used only for the
purposes authorized in this subdivision and may not be further disclosed to any other person
or government entity. Government entities receiving or sharing private or confidential data
under this subdivision shall establish procedures to protect the data from further disclosure.
new text end
new text begin
(d) Real property record data are governed by subdivision 4a.
new text end
Subd. 4.
Acceptance of alternate address required.
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.05new text begin , paragraphs (a) to (c)new text end .
new text begin Subd. 4a. new text end
new text begin Real property records. new text end
new text begin
(a) If a program participant submits a notice to
a county recorder or registrar of titles under subdivision 2, paragraph (b), the county
recorder, registrar of titles, assessor, or any other county official controlling or with
access to real property records must not disclose the program participant's identity data in
conjunction with the property identified in the written notice, unless:
new text end
new text begin
(1) the program participant has consented to sharing or dissemination of the data for
the purpose for which the sharing or dissemination will occur in a writing acknowledged
by the program participant;
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 secretary of state authorizes the sharing or dissemination of the data under
subdivision 4b for the purpose for which the sharing or dissemination will occur.
new text end
new text begin
This section does not prevent the county from returning original documents to the
individuals that submitted the documents for recording or filing. This section does not
prevent the public disclosure of the participant's name and designated address in the
county reception index if the participant's name and designated address are not disclosed
in conjunction with location data. County recorders and registrars of title shall establish
procedures for recording or filing documents to comply with this subdivision. These
procedures may include masking identity or location data and making documents or
certificates of title containing the data private and unviewable except as allowed by this
paragraph. The procedure must comply with the requirements of chapters 386, 507,
508, and 508A to the extent these requirements do not conflict with this section. The
procedures must provide public notice of the existence of recorded or filed but private
and unviewable documents or certificates of title and the provisions for viewing under
this paragraph. Documents that are recorded but not publicly viewable, and accompanied
by a notice that the documents are private and viewable only under this subdivision or
subdivision 4b, are deemed to be constructive notice of those documents.
new text end
new text begin
(b) A real property notice is notice only to the county recorder, registrar of titles,
county auditor, treasurer, or other person performing the duties of a county auditor or
treasurer. A notice that does not conform to the requirements of a real property notice
under subdivision 2, paragraph (b), is not effective as a notice to the county recorder,
registrar of titles, county auditor, treasurer, or any person performing the duties of county
auditor or treasurer. On receipt of a real property notice, the county recorder or registrar
shall provide a copy of the notice to the county auditor and treasurer, or the person
performing the functions of the county auditor and treasurer in that county, and provide a
copy to the secretary of state at the address specified by the secretary of state in the notice.
Notwithstanding any rule or law to the contrary, the county recorder, registrar of titles,
auditor, treasurer, and any county official performing the duties of a county recorder,
registrar of titles, auditor, or treasurer, are subject to paragraph (a).
new text end
new text begin
(c) Paragraph (a) applies only to a participant's records recorded or filed concurrently
with the real property notice specified in subdivision 2, paragraph (b), and real property
records recorded subsequent to the county's receipt of the real property notice.
new text end
new text begin
(d) The prohibition on disclosure in paragraph (a) continues until:
new text end
new text begin
(1) the program participant has consented to the termination of the real property
notice in a writing acknowledged by the program participant;
new text end
new text begin
(2) the real property notice is terminated pursuant to a court order;
new text end
new text begin
(3) the program participant no longer holds a record interest in the real property
identified in the real property notice; or
new text end
new text begin
(4) the secretary of state has given written notice to the county recorder or registrar
of titles who provided the secretary of state with a copy of a participant's real property
notice that the program participant's certification has terminated. Notification under this
paragraph must be given by the secretary of state within 90 days of the termination.
new text end
new text begin
Upon termination of the prohibition of disclosure, the county recorder or registrar of titles
shall make public all documents relative to the participant that were previously partially or
wholly private and unviewable.
new text end
new text begin Subd. 4b. new text end
new text begin Access to real property data; title examination. new text end
new text begin
(a) Upon request, the
secretary of state may share data regarding a program participant's real property records
for the purpose of confirming or denying that the program participant's real property is the
property subject to a legitimate title examination. The request must include:
new text end
new text begin
(1) the name, title, address, and affiliated organization, if applicable, of the person
requesting data;
new text end
new text begin
(2) the purpose for requesting data;
new text end
new text begin
(3) the requestor's relationship, if any, to the program participant subject to the
data; and
new text end
new text begin
(4) the legal description of the property subject to the title examination and any other
information required by the secretary of state to respond to the request.
new text end
new text begin
The secretary of state shall approve or deny a request for access to data within two
business days.
new text end
new text begin
(b) In responding to a legitimate request, the secretary of state may respond by
an affirmation in writing that the property subject to the title examination is or is not
the property subject to a program participant's real property notice. Notwithstanding
subdivision 4a, or any law to the contrary, a party examining title may rely conclusively on
the information contained in a written affirmation from the Office of the Secretary of State.
new text end
new text begin
(c) Location data disclosed under this subdivision may be used only for the purposes
authorized in this subdivision and may not be further disclosed to any other person. A
person receiving private data under this subdivision shall establish procedures to protect
the data from further disclosure.
new text end
Subd. 5.
Duties of the secretary of state and other government entities limited.
Nothing in this section establishes a duty for:
(1) the Office of the Secretary of State to identify other government entities that
may hold data on a program participant; or
(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 begin Subd. 6. new text end
new text begin Service of process upon program participants. new text end
new text begin
Notwithstanding any law
to the contrary, service of process upon a program participant must be made by personal
service or service by mail upon the secretary of state under section 5B.03, subdivision
1, clause (3). In an action in which service by publication is required or necessary,
publication is valid if the publication omits the name of the program participant and the
secretary of state has received service as provided in this subdivision.
new text end
new text begin Subd. 7. new text end
new text begin
Sharing of program participant data with the secretary of state.
new text end
new text begin
Nothing in this section prevents a government entity from sharing program participant
data with the secretary of state for the purpose of facilitating compliance with this section.
new text end
Sec. 3. new text begin EFFECTIVE DATE; EARLY COMPLIANCE.
new text end
new text begin
Sections 1 and 2 are effective the day following final enactment. A government
entity may comply with section 2 before the effective date and this compliance is not a
violation of Minnesota Statutes, chapter 13.
new text end