Minnesota Session Laws - 2014, Regular Session

CHAPTER 173--H.F.No. 2276

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 Court new text begin or government entities governed by section 13.045 new 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 and deleted text end location data" means any data that may be used to deleted text begin identify or deleted 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 earlier deleted text begin . deleted text end new text begin ; 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 earlier; new text end

new text begin (4) "county recorder" means the county official who performs the functions of the county recorder or registrar of titles to record a document as part of the county real estate document recording system, regardless of title or office; and new text end

new text begin (5) "real property records" means any record of data that is maintained by a county as part of the county real estate document recording system for use by the public. new 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 entity new text begin other than the county recorder new text end that the participant is certified in the Safe at Home address confidentiality program pursuant to chapter 5B. The notice must include the new text begin program participant's name, names of other program participants in the household, address designated under chapter 5B, program participant signature, new text end date the program participant's certification in the program expires new text begin , and any other information specified by the secretary of state new 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 certification deleted 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, including but not limited to documents maintained in a public recording system, data on assessments and taxation, and other data on real property, a program participant must submit a real property notice in writing to the county recorder 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; new text end

new text begin (5) the legal description and street address, if any, of the real property affected by the notice; new text end

new text begin (6) the address of the Office of the Secretary of State; and new text end

new text begin (7) the signature of the program participant. 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 county recorder. The county recorder 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 must 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 new text begin who submits a notice under subdivision 2, paragraph (a), new text end 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 and deleted text end location data on a program participant who submits a notice under subdivision 2 new text begin , paragraph (a), new text end may not be shared with any other government entity deleted 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 new text begin under section 13.03, subdivision 6 new text end ; or

(3) the data are subject to sharing pursuant to section 5B.07, subdivision 2 deleted text begin . deleted text end new 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 participant. new 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.05 new 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 under subdivision 2, paragraph (b), the county recorder 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 identified 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 under section 13.03, subdivision 6; 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 identified in the authorization. new text end

new text begin This subdivision does not prevent the county recorder from returning original documents to the individuals that submitted the documents for recording. This subdivision does not prevent the public disclosure of the participant's name and address designated under chapter 5B in the county reception index if the participant's name and designated address are not disclosed in conjunction with location data. Each county recorder 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 not viewable except as allowed by this paragraph. The procedure must comply with the requirements of chapters 386, 507, 508, and 508A and other laws as appropriate, to the extent these requirements do not conflict with this section. The procedures must provide public notice of the existence of recorded documents and certificates of title that are not publicly viewable and the provisions for viewing them under this subdivision. Notice that a document or certificate is private and viewable only under this subdivision or subdivision 4b is deemed constructive notice of the document or certificate. new text end

new text begin (b) A real property notice is notice only to the county recorder. 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. On receipt of a real property notice, the county recorder shall provide a copy of the notice to the person who maintains the property tax records in that county, and provide a copy to the secretary of state at the address specified by the secretary of state in the notice. new text end

new text begin (c) Paragraph (a) applies only to the records recorded or filed concurrently with the real property notice specified in subdivision 2, paragraph (b), and real property records affecting the same real property 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 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 shall make publicly viewable all documents and certificates of title relative to the participant that were previously partially or wholly private and not viewable. 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 bona fide 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 bona fide 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 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, after a government entity receives a notice under subdivision 2 or 4a, if the government entity seeks to serve process upon a program participant, the service 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 been served 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. Compliance with section 2 prior to its effective date is not a violation of chapter 13. new text end

Presented to the governor April 25, 2014

Signed by the governor April 29, 2014, 10:23 a.m.