2006 Minnesota Statutes

CHAPTER 5B. DATA PROTECTION FOR VICTIMS OF VIOLENCE

NOTE: This chapter, as added by Laws 2006, chapter 242, sections 1 to 8, is effective September 1, 2007. Laws 2006, chapter 242, sections 1 to 8, the effective dates.

NOTE: This chapter, as added by Laws 2006, chapter 242, sections 1 to 8, is effective September 1, 2007. Laws 2006, chapter 242, sections 1 to 8, the effective dates.

5B.01 FINDINGS; PURPOSE.
The legislature finds that individuals attempting to escape from actual or threatened domestic
violence, sexual assault, or stalking frequently establish new addresses in order to prevent their
assailants or probable assailants from finding them. The purpose of this chapter is to enable state
and local agencies to respond to requests for data without disclosing the location of a victim of
domestic violence, sexual assault, or stalking; to enable interagency cooperation with the secretary
of state in providing address confidentiality for victims of domestic violence, sexual assault, or
stalking; and to enable program participants to use an address designated by the secretary of state
as a substitute mailing address for all purposes.
History: 2006 c 242 s 1

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.
(f) "Program participant" means an individual certified as a program participant under
section 5B.03.
(g) "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.
History: 2006 c 242 s 2

5B.03 ADDRESS CONFIDENTIALITY PROGRAM.
    Subdivision 1. Application. The secretary of state shall certify an eligible person as a
program participant when the secretary receives an application that must contain:
(1) the name of the eligible person;
(2) a statement by the applicant that the applicant has good reason to believe (i) that the
eligible person listed on the application is a victim of domestic violence, sexual assault, or
stalking, (ii) that the eligible person fears for the person's safety or the safety of persons on whose
behalf the application is made, and (iii) that the eligible person is not applying for certification as
a program participant in order to avoid prosecution for a crime;
(3) a designation of the secretary of state as agent for purposes of service of process and
for the purpose of receipt of mail;
(4) the mailing address where the eligible person can be contacted by the secretary of state,
and the phone number or numbers where the applicant or eligible person can be called by the
secretary of state;
(5) the physical address or addresses of the eligible person, disclosure of which will increase
the risk of domestic violence, sexual assault, or stalking;
(6) a statement whether the eligible person would like information on becoming an ongoing
absentee ballot recipient pursuant to section 5B.06; and
(7) the signature of the applicant, an indicator of the applicant's authority to act on behalf
of the eligible person, if appropriate, the name and signature of any individual or representative
of any person who assisted in the preparation of the application, and the date on which the
application was signed.
    Subd. 2. Filing. Applications must be filed with the secretary of state and are subject to the
provisions of section 5.15.
    Subd. 3. Certification. Upon filing a completed application, the secretary of state shall
certify the eligible person as a program participant. Program participants shall be certified for four
years following the date of filing unless the certification is canceled, withdrawn or invalidated
before that date. The secretary of state shall by rule establish a renewal procedure.
    Subd. 4. Changes in information. Program participants or applicants must inform the
secretary of state of any changes in the information submitted on the application.
    Subd. 5. Designated address. The secretary of state must designate a mailing address to
which all mail for program participants is to be sent.
    Subd. 6. Attaining age of majority. An individual who became a program participant as
a minor assumes responsibility for changes in information and renewal when the individual
reaches age 18.
History: 2006 c 242 s 3

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 mailing address, unless the program participant or the person who signed as the applicant
on behalf of an eligible person provides the secretary of state with at least two days' prior notice
in writing of the change of address.
(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 shall cancel certification of a program participant who applies
using false information.
History: 2006 c 242 s 4

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.
(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.
History: 2006 c 242 s 5

5B.06 VOTING BY PROGRAM PARTICIPANT; USE OF DESIGNATED ADDRESS
BY COUNTY AUDITOR.
A program participant who is otherwise eligible to vote may register with the secretary of
state as an ongoing absentee voter. The secretary of state shall determine the precinct in which
the residential address of the program participant is located and shall request from and receive
from the county auditor or other election official the ballot for that precinct and shall forward
the absentee ballot to the program participant with the other materials for absentee balloting as
required by Minnesota law. The program participant shall complete the ballot and return it to the
secretary of state, who shall review the ballot in the manner provided by section 203B.24. If
the ballot and ballot materials comply with the requirements of that section, the ballot must be
certified by the secretary of state as the ballot of a program participant, and must be forwarded to
the appropriate electoral jurisdiction for tabulation along with all other ballots. The name and
address of a program participant must not be listed in the statewide voter registration system.
History: 2006 c 242 s 6

5B.07 DATA CLASSIFICATION.
All data related to applicants, eligible persons and program participants is private data as
defined by section 13.02, subdivision 12. A consent for release of information from an applicant,
eligible person, or program participant is not effective.
History: 2006 c 242 s 7

5B.08 ADOPTION OF RULES.
Enactment of this section satisfies the requirements of section 14.388, subdivision 1 for the
enactment of rules to facilitate the administration of this chapter by state and local agencies.
History: 2006 c 242 s 8