Minnesota Session Laws - 2022, Regular Session

CHAPTER 83--H.F.No. 3249

An act

relating to state government; modifying various provisions governing or administered by the secretary of state;

amending Minnesota Statutes 2020, sections 5B.02; 5B.05; 5B.10, subdivision 1; 13.045, subdivisions 1, 2, 3, 4a.

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

Section 1.

Minnesota Statutes 2020, 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. An individual must reside in Minnesota in order to be an eligible person. 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 deleted text begin packages, parcels, deleted text end new text begin (1) new text end periodicals deleted text begin , deleted text end and catalogues, new text begin and (2) packages and parcels new text end unless they are clearly identifiable as new text begin nonrefrigerated new text end pharmaceuticals or clearly indicate that they are sent by new text begin the federal government or new text end a state or county government agency new text begin of the continental United States, Hawaii, District of Columbia, or United States territories new text end .

(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 2020, 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 new text begin or entity new text end , 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. 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 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.

(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 new text begin participant's name or address identified by the participant on the notice. If identified on the notice, the individual receiving the notice must not knowingly disclose the new text end 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. 3.

Minnesota Statutes 2020, section 5B.10, subdivision 1, is amended to read:

Subdivision 1.

Display by landlord.

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 deleted text begin or the landlord deleted text end must not require the display of new text begin , and the landlord shall not display, new text end the program participant's name at an address otherwise protected under this chapter.

Sec. 4.

Minnesota Statutes 2020, section 13.045, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section:

(1) "program participant" has the meaning given in section 5B.02, paragraph (g);

(2) "location data" means deleted text begin any deleted text end data new text begin the participant specifies new text end that may be used to physically locate a program participant, deleted text begin including but not limited to deleted text end new text begin such as new text end the program participant's residential address, work address, deleted text begin and deleted text end new text begin or new text end 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;

(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;

(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

(5) "real property records" means any record of data that is maintained deleted text begin by a county deleted text end as part of the county real estate document recording system for use by the public new text begin , data on assessments, data on real or personal property taxation, and other data on real property new text end .

Sec. 5.

Minnesota Statutes 2020, section 13.045, subdivision 2, is amended to read:

Subd. 2.

Notification of certification.

(a) A program participant may deleted text begin submit a notice, in writing, to deleted text end new text begin notify new text end the responsible authority of any government entity other than the county recorder new text begin in writing, on a form prescribed by the secretary of state, 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 program participant's name, deleted text begin names of other program participants in the household, deleted text end new text begin date of birth, new text end address designated under chapter 5B, program participant signature, new text begin signature of the participant's parent or guardian if the participant is a minor, new text end date the program participant's certification in the program expires, and any other information specified by the secretary of state. A program participant may submit a subsequent notice of certification, if the participant's certification is renewed. The contents of the notification of certification are private data on individuals. new text begin A notice provided pursuant to this paragraph is a request to protect location data unless the participant requests that specific identity data also be protected. new text end

(b) To affect real property records, deleted text begin including but not limited to documents maintained in a public recording system, data on assessments and taxation, and other data on real property, deleted text end 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. new text begin To affect real property records maintained by any other government entity, a program participant must submit a real property notice in writing to the other government entity's responsible authority. new text end A real property notice must be on a form prescribed by the secretary of state and must include:

(1) the full legal name of the program participant, including middle name;

(2) the last four digits of the program participant's Social Security number;

new text begin (3) the participant's date of birth; new text end

deleted text begin (3) deleted text end new text begin (4) new text end the designated address of the program participant as assigned by the secretary of state, including lot number;

deleted text begin (4) the date the program participant's certification in the program expires; deleted text end

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

(6) the address of the Office of the Secretary of State; and

(7) the signature of the program participant.

Only one parcel of real property may be included in each notice, but more than one notice may be presented deleted text begin to the county recorder deleted text end . The deleted text begin county recorder deleted text end new text begin recipient of the notice new text end 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 deleted text begin certification is renewed deleted text end new text begin legal name changes new text end . The real property notice is private data on individuals.

Sec. 6.

Minnesota Statutes 2020, section 13.045, subdivision 3, is amended to read:

Subd. 3.

Classification of identity and location data; new text begin amendment of records; new text end sharing and dissemination.

(a) Identity and location data deleted text begin on deleted text end new text begin for which new text end a program participant deleted text begin who submits a notice deleted text end new text begin seeks protection new text end under subdivision 2, paragraph (a), that are not otherwise classified by law are private data on individuals. deleted text begin Notwithstanding any provision of law to the contrary, private or confidential location data on a program participant who submits a notice under subdivision 2, paragraph (a), may not be shared with any other government entity or nongovernmental entity except as provided in paragraph (b). deleted text end

(b) deleted text begin Private or confidential location data on a program participant must not be shared or disclosed by a government entity deleted text end new text begin 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 new text end 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.

new text begin (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. new text end

Sec. 7.

Minnesota Statutes 2020, section 13.045, subdivision 4a, is amended to read:

Subd. 4a.

Real property records.

(a) If a program participant submits a notice deleted text begin to a county recorder deleted text end under subdivision 2, paragraph (b), the deleted text begin county recorder deleted text end new text begin government entity new text end must not disclose the program participant's identity data in conjunction with the property identified in the written notice new text begin in the entity's real property records new text end , unless:

(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;

(2) the data are subject to sharing or dissemination pursuant to court order under section 13.03, subdivision 6; deleted text begin or deleted text end

(3) the secretary of state authorizes the sharing or dissemination of the data under subdivision 4b for the purpose identified in the authorization deleted text begin . deleted text end new text begin ; or new text end

new text begin (4) the data is shared with a government entity subject to this chapter for the purpose of administering assessment and taxation laws. new text end

This subdivision does not prevent deleted text begin the deleted text end new text begin a new text end 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 deleted text begin county recorder deleted text end new text begin government entity new text end 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.

(b) deleted text begin 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 deleted text end new text begin If the recipient of the real property notice is the county recorder, the county recorder shall notify the county's responsible authority and provide a copy to the secretary of state at the address specified in the notice. If the recipient of the notice is the responsible authority, the responsible authority shall new text end provide a copy to the secretary of state at the address specified by the secretary of state in the notice.

(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 new text begin created or new text end recorded subsequent to the deleted text begin county's deleted text end new text begin government entity's new text end receipt of the real property notice.

(d) The prohibition on disclosure in paragraph (a) continues until:

(1) the program participant has consented to the termination of the real property notice in a writing acknowledged by the program participant new text begin . Notification under this paragraph must be given by the government entity to the secretary of state within 90 days of the termination new text end ;

(2) the real property notice is terminated pursuant to a court order new text begin . Notification under this paragraph must be given by the government entity to the secretary of state within 90 days of the termination new text end ;

(3) the program participant no longer holds a record interest in the real property identified in the real property notice new text begin . Notification under this paragraph must be given by the government entity to the secretary of state within 90 days of the termination new text end ; or

(4) the secretary of state has given written notice to the deleted text begin county recorder deleted text end new text begin government entity new text end 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.

Upon termination of the prohibition of disclosure, the deleted text begin county recorder deleted text end new text begin government entity new text end shall make publicly viewable all documents and certificates of title relative to the participant that were previously partially or wholly private and not viewable.

Presented to the governor May 21, 2022

Signed by the governor May 22, 2022, 3:44 p.m.