Minnesota Legislature
SF 4737
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/19/2024 09:43am
Current Version - as introduced
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A bill for an act
relating to elections; modifying certain Safe At Home provisions; amending
Minnesota Statutes 2022, sections 5B.02; 5B.03, subdivision 3; 5B.04; 5B.05;
13.045, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, 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 an individual's work address, school address, or residential street
address, 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 (1) that the eligible person is a
victim of domestic violence, sexual assault, or harassment or stalking, or (2) that the eligible
person fears for the person's safety, the safety of another person who resides in the same
household, or the safety of persons on whose behalf the application is made. new text begin In order to be
an eligible person, new text end an individual must reside in Minnesota deleted text begin in order to be an eligible persondeleted text end new text begin
or must certify that the individual intends to reside in Minnesota within 60 daysnew 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 (1) periodicals and catalogues,
and (2) packages and parcels unless they are clearly identifiable as nonrefrigerated
pharmaceuticals or clearly indicate that they are sent by the federal government or a state
or county government agency of the continental United States, Hawaii, District of Columbia,
or United States territories.
(g) "Program participant" means an individual certified as a program participant under
section 5B.03.
(h) "Harassment" or "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 2022, section 5B.03, subdivision 3, is amended to read:
Subd. 3.
Certification.
(a) Upon filing a completed application, the secretary of state
shall certify the eligible person as a program participant.new text begin Unless the program participant is
not a Minnesota resident,new text end program participants deleted text begin shalldeleted text end new text begin mustnew text end be certified for four years following
the date of filing unless the certification is canceled, withdrawn or invalidated before that
date.new text begin Applicants from outside of Minnesota must be certified for 60 days. Upon receiving
notice that the participant has moved to Minnesota, the participant must be certified for four
years following the date of filing unless the certification is canceled, withdrawn, or
invalidated before that date.new text end The secretary of state shall by rule establish a renewal procedure.
(b) Certification under this subdivision is for the purpose of participation in the
confidentiality program established under this chapter only. Certification must not be used
as evidence or be considered for any purpose in any civil, criminal, or administrative
proceeding related to the behavior or actions giving rise to the application under subdivision
1.
Sec. 3.
Minnesota Statutes 2022, 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 program participant's legal name or contact information, unless the program
participant or the person who signed as the applicant on behalf of an eligible person provides
the secretary of state with prior notice in writing of the change.
(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) The secretary of state may cancel a program participant's certification if the program
participant is no longer an eligible person.
(e) The secretary of state shall cancel certification of a program participant who applies
using false information.
new text begin
(f) The secretary of state shall cancel certification of a program participant who does
not reside in Minnesota within 60 days of Safe at Home certification.
new text end
Sec. 4.
Minnesota Statutes 2022, 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 or entity, that address must be accepted as the address of the program
participant. The person deleted text begin maydeleted text end new text begin or entity mustnew text end 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. Notwithstanding a person's or entity's knowledge
of a program participant's physical location, the person or entity must use the program
participant's designated address for all mail correspondence with the program participantnew text begin ,
unless the participant owns real property through a limited liability company or trust. A
person or entity may only mail to an alternative address if the participant owns real property
through a trust or a limited liability company and the participant has requested that the
person or entity mail correspondence regarding that ownership to an alternate addressnew 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.
(d) If a program participant has notified a personnew text begin or entitynew text end in writing, on a form prescribed
by the program, that the individual is a program participant and of the requirements of this
section, the personnew text begin or entitynew text end must not knowingly disclose the participant's name or address
identified by the participant on the notice. If identified on the notice, the deleted text begin individualdeleted text end new text begin person
or entitynew text end receiving the notice 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
applies to the actions and reports of guardians ad litem, except that guardians ad litem may
disclose the program participant's name. This paragraph does not apply to records of the
judicial branch governed by rules adopted by the supreme court or government entities
governed by section 13.045.
Sec. 5.
Minnesota Statutes 2022, section 13.045, subdivision 3, is amended to read:
Subd. 3.
Classification of identity and location data; amendment of records; sharing
and dissemination.
(a) Identity and location data for which a program participant seeks
protection under subdivision 2, paragraph (a), that are not otherwise classified by lawnew text begin as
not publicnew text end are private data on individuals.
(b) Notwithstanding any provision of law to the contrary, private or confidential location
data on a program participant who submits a notice under subdivision 3, paragraph (a), may
not be shared with any other government entity or nongovernmental entity unless:
(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 under section
13.03, subdivision 6;
(3) the data are subject to sharing pursuant to section 5B.07, subdivision 2;
(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;
(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
(6) the data are necessary to aid an active law enforcement investigation of the program
participant.
(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.
(d) Real property record data are governed by subdivision 4a.
(e) Notwithstanding sections 15.17 and 138.17, a government entity may amend records
to replace a participant's location data with the participant's designated address.