Minnesota Session Laws - 2009, Regular Session

CHAPTER 105--H.F.No. 1677

An act

relating to safe at home program; excluding registered sex offenders from the program; limiting use of protected addresses by landlords and local government entities;

amending Minnesota Statutes 2008, sections 5B.02; 5B.07, subdivision 1; 13.805, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 5B.

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

Section 1.

Minnesota Statutes 2008, 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 his or her safety or the safety of persons on whose behalf the application is made. new text begin 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. new text end

(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 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 2008, section 5B.07, subdivision 1, is amended to read:

Subdivision 1.

Classification of data.

new text begin (a) new text end Data 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.

new text begin (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 end

Sec. 3.

new text begin [5B.10] DISPLAY AND RELEASE OF NAME PROHIBITED. new text end

new text begin Subdivision 1. new text end

new text begin Display by landlord. new text end

new text begin If a program participant has notified the program participant's landlord in writing that the individual is a program participant and of the requirements of this section, a local ordinance or the landlord must not require the display of the program participant's name at an address otherwise protected under this chapter. new text end

new text begin Subd. 2. new text end

new text begin Release to local government entity. new text end

new text begin A landlord may provide a program participant's name to a local government entity only in response to a specific request made in connection with an active investigation or inspection of an alleged health, building, or fire code violation, or a violation of a city ordinance allegedly committed by the program participant. new text end

Sec. 4.

Minnesota Statutes 2008, section 13.805, is amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Program participants. new text end

new text begin Data on program participants 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 are governed by section 5B.07, subdivision 1. new text end

Sec. 5.

new text begin EFFECTIVE DATE. new text end

new text begin Sections 1 to 4 are effective the day following final enactment. new text end

Presented to the governor May 15, 2009

Signed by the governor May 19, 2009, 1:43 p.m.