Bill Text: MN SF2277 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Safe at home program participant data practices and real property records regulations
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-09 - HF substituted on General Orders HF2276 [SF2277 Detail]
Download: Minnesota-2013-SF2277-Engrossed.html
1.2relating to the safe at home program; regulating participant data and real property
1.3records;amending Minnesota Statutes 2013 Supplement, sections 5B.05; 13.045.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2013 Supplement, section 5B.05, is amended to read:
1.65B.05 USE OF DESIGNATED ADDRESS.
1.7(a) When a program participant presents the address designated by the secretary
1.8of state to any person, that address must be accepted as the address of the program
1.9participant. The person may not require the program participant to submit any address
1.10that could be used to physically locate the participant either as a substitute or in addition
1.11to the designated address, or as a condition of receiving a service or benefit, unless the
1.12service or benefit would be impossible to provide without knowledge of the program
1.13participant's physical location.
1.14(b) A program participant may use the address designated by the secretary of state as
1.15the program participant's work address.
1.16(c) The Office of the Secretary of State shall forward all mail sent to the designated
1.17address to the proper program participants.
1.18(d) If a program participant has notified a person in writing, on a form prescribed
1.19by the program, that the individual is a program participant and of the requirements of
1.20this section, the person must not knowingly disclose the program participant's name,
1.21home address, work address, or school address, unless the person to whom the address is
1.22disclosed also lives, works, or goes to school at the address disclosed, or the participant
1.23has provided written consent to disclosure of the participant's name, home address, work
1.24address, or school address for the purpose for which the disclosure will be made. This
2.1paragraph does not apply to records of the judicial branch governed by rules adopted by
2.2the Supreme Court or government entities governed by section 13.045.
2.3 Sec. 2. Minnesota Statutes 2013 Supplement, section 13.045, is amended to read:
2.413.045 SAFE AT HOME PROGRAM PARTICIPANT DATA.
2.5 Subdivision 1. Definitions. As used in this section:
2.6(1) "program participant" has the meaning given in section5B.02 , paragraph (g); and
2.7(2) "identity and location data" means any data that may be used to identify
2.8or physically locate a program participant, including but not limited to the program
2.9participant'sname, residential address, work address, and school address, and that is
2.10collected, received, or maintained by a government entity prior to the date a program
2.11participant's certification expires, or the date the entity receives notice that the program
2.12participant has withdrawn from the program, whichever is earlier; and
2.13(3) "identity data" means data that may be used to identify a program participant,
2.14including the program participant's name, phone number, e-mail address, address
2.15designated under chapter 5B, Social Security number, or driver's license number, and that
2.16is collected, received, or maintained by a government entity before the date a program
2.17participant's certification expires, or the date the entity receives notice that the program
2.18participant has withdrawn from the program, whichever is earlier.
2.19 Subd. 2. Notification of certification. (a) A program participant may submit a
2.20notice, in writing, to the responsible authority of any government entity other than the
2.21county recorder or registrar of titles that the participant is certified in the Safe at Home
2.22address confidentiality program pursuant to chapter 5B. The notice must include the date
2.23the program participant's certification in the program expires and any other information
2.24specified by the secretary of state. A program participant may submit a subsequent notice
2.25of certification, if the participant's certification is renewed. The contents of the notification
2.26of certification, and the fact that a notice has been submitted, are private data on individuals.
2.27(b) To affect real property records maintained by the county recorder or registrar of
2.28titles, a program participant must submit a real property notice in writing to the county
2.29recorder or registrar of titles in the county where the property identified in the real property
2.30notice is located. A real property notice must be on a form prescribed by the secretary of
2.31state and must include:
2.32(1) the full legal name of the program participant, including middle name;
2.33(2) the last four digits of the program participant's Social Security number;
2.34(3) the designated address of the program participant as assigned by the secretary of
2.35state, including lot number;
3.1(4) the date the program participant's certification in the program expires; and
3.2(5) the legal description and street address of the real property affected by the notice.
3.3Only one parcel of real property may be included in each notice, but more than one notice
3.4may be presented to the recorder or registrar. The recorder or registrar may require a
3.5program participant to provide additional information necessary to identify the records of
3.6the program participant or the real property described in the notice. A program participant
3.7may submit a subsequent real property notice for the real property if the participant's
3.8certification is renewed. The real property notice is private data on individuals.
3.9 Subd. 3. Classification of identity and location data; sharing and dissemination.
3.10(a) Identity and location data on a program participant that are not otherwise classified
3.11by law are private data on individuals. Notwithstanding any provision of law to the
3.12contrary, private or confidentialidentity and location data on a program participant who
3.13submits a notice under subdivision 2, paragraph (a), may not be shared with any other
3.14government entity, or disseminated to any person, unless: or nongovernmental entity
3.15except as provided in paragraph (b).
3.16(b) Private or confidential location data on a program participant must not be shared
3.17or disclosed by a government entity unless:
3.18(1) the program participant has expressly consented in writing to sharing or
3.19dissemination of the data for the purpose for which the sharing or dissemination will occur;
3.20(2) the data are subject to sharing or dissemination pursuant to court order; or
3.21(3) the data are subject to sharing pursuant to section5B.07, subdivision 2 ;
3.22(4) the location data related to county of residence are needed to provide public
3.23assistance or other government services, or to allocate financial responsibility for the
3.24assistance or services;
3.25(5) the data are necessary to perform a government entity's health, safety, or welfare
3.26functions, including the provision of emergency 911 services, the assessment and
3.27investigation of child or vulnerable adult abuse or neglect, or the assessment or inspection
3.28of services or locations for compliance with health, safety, or professional standards; or
3.29(6) the data are necessary to aid an active law enforcement investigation of the
3.30program participant.
3.31(c) Data disclosed under paragraph (b), clauses (4) to (6), may be used only for the
3.32purposes authorized in this subdivision and may not be further disclosed to any other person
3.33or government entity. Government entities receiving or sharing private or confidential data
3.34under this subdivision shall establish procedures to protect the data from further disclosure.
3.35(d) Real property record data are governed by subdivision 4a.
4.1 Subd. 4. Acceptance of alternate address required. Regardless of whether a
4.2notice of certification has been submitted under subdivision 2, a government entity must
4.3accept the address designated by the secretary of state as a program participant's address,
4.4and is subject to the requirements contained in section5B.05 , paragraphs (a) to (c).
4.5 Subd. 4a. Real property records. (a) If a program participant submits a notice to
4.6a county recorder or registrar of titles under subdivision 2, paragraph (b), the county
4.7recorder, registrar of titles, assessor, or any other county official controlling or with
4.8access to real property records must not disclose the program participant's identity data in
4.9conjunction with the property identified in the written notice, unless:
4.10(1) the program participant has consented to sharing or dissemination of the data for
4.11the purpose for which the sharing or dissemination will occur in a writing acknowledged
4.12by the program participant;
4.13(2) the data are subject to sharing or dissemination pursuant to court order; or
4.14(3) the secretary of state authorizes the sharing or dissemination of the data under
4.15subdivision 4b for the purpose for which the sharing or dissemination will occur.
4.16This section does not prevent the county from returning original documents to the
4.17individuals that submitted the documents for recording or filing. This section does not
4.18prevent the public disclosure of the participant's name and designated address in the
4.19county reception index if the participant's name and designated address are not disclosed
4.20in conjunction with location data. County recorders and registrars of title shall establish
4.21procedures for recording or filing documents to comply with this subdivision. These
4.22procedures may include masking identity or location data and making documents or
4.23certificates of title containing the data private and unviewable except as allowed by this
4.24paragraph. The procedure must comply with the requirements of chapters 386, 507,
4.25508, and 508A to the extent these requirements do not conflict with this section. The
4.26procedures must provide public notice of the existence of recorded or filed but private
4.27and unviewable documents or certificates of title and the provisions for viewing under
4.28this paragraph. Documents that are recorded but not publicly viewable, and accompanied
4.29by a notice that the documents are private and viewable only under this subdivision or
4.30subdivision 4b, are deemed to be constructive notice of those documents.
4.31(b) A real property notice is notice only to the county recorder, registrar of titles,
4.32county auditor, treasurer, or other person performing the duties of a county auditor or
4.33treasurer. A notice that does not conform to the requirements of a real property notice
4.34under subdivision 2, paragraph (b), is not effective as a notice to the county recorder,
4.35registrar of titles, county auditor, treasurer, or any person performing the duties of county
4.36auditor or treasurer. On receipt of a real property notice, the county recorder or registrar
5.1shall provide a copy of the notice to the county auditor and treasurer, or the person
5.2performing the functions of the county auditor and treasurer in that county, and provide a
5.3copy to the secretary of state at the address specified by the secretary of state in the notice.
5.4Notwithstanding any rule or law to the contrary, the county recorder, registrar of titles,
5.5auditor, treasurer, and any county official performing the duties of a county recorder,
5.6registrar of titles, auditor, or treasurer, are subject to paragraph (a).
5.7(c) Paragraph (a) applies only to a participant's records recorded or filed concurrently
5.8with the real property notice specified in subdivision 2, paragraph (b), and real property
5.9records recorded subsequent to the county's receipt of the real property notice.
5.10(d) The prohibition on disclosure in paragraph (a) continues until:
5.11(1) the program participant has consented to the termination of the real property
5.12notice in a writing acknowledged by the program participant;
5.13(2) the real property notice is terminated pursuant to a court order;
5.14(3) the program participant no longer holds a record interest in the real property
5.15identified in the real property notice; or
5.16(4) the secretary of state has given written notice to the county recorder or registrar
5.17of titles who provided the secretary of state with a copy of a participant's real property
5.18notice that the program participant's certification has terminated. Notification under this
5.19paragraph must be given by the secretary of state within 90 days of the termination.
5.20Upon termination of the prohibition of disclosure, the county recorder or registrar of titles
5.21shall make public all documents relative to the participant that were previously partially or
5.22wholly private and unviewable.
5.23 Subd. 4b. Access to real property data; title examination. (a) Upon request, the
5.24secretary of state may share data regarding a program participant's real property records
5.25for the purpose of confirming or denying that the program participant's real property is the
5.26property subject to a legitimate title examination. The request must include:
5.27(1) the name, title, address, and affiliated organization, if applicable, of the person
5.28requesting data;
5.29(2) the purpose for requesting data;
5.30(3) the requestor's relationship, if any, to the program participant subject to the
5.31data; and
5.32(4) the legal description of the property subject to the title examination and any other
5.33information required by the secretary of state to respond to the request.
5.34The secretary of state shall approve or deny a request for access to data within two
5.35business days.
6.1(b) In responding to a legitimate request, the secretary of state may respond by
6.2an affirmation in writing that the property subject to the title examination is or is not
6.3the property subject to a program participant's real property notice. Notwithstanding
6.4subdivision 4a, or any law to the contrary, a party examining title may rely conclusively on
6.5the information contained in a written affirmation from the Office of the Secretary of State.
6.6(c) Location data disclosed under this subdivision may be used only for the purposes
6.7authorized in this subdivision and may not be further disclosed to any other person. A
6.8person receiving private data under this subdivision shall establish procedures to protect
6.9the data from further disclosure.
6.10 Subd. 5. Duties of the secretary of state and other government entities limited.
6.11Nothing in this section establishes a duty for:
6.12(1) the Office of the Secretary of State to identify other government entities that
6.13may hold data on a program participant; or
6.14(2) the responsible authority of any government entity to independently determine
6.15whether it maintains data on a program participant, unless a request is received pursuant to
6.16section13.04 or a notice of certification is submitted pursuant to this section.
6.17 Subd. 6. Service of process upon program participants. Notwithstanding any law
6.18to the contrary, service of process upon a program participant must be made by personal
6.19service or service by mail upon the secretary of state under section 5B.03, subdivision
6.201, clause (3). In an action in which service by publication is required or necessary,
6.21publication is valid if the publication omits the name of the program participant and the
6.22secretary of state has received service as provided in this subdivision.
6.23 Subd. 7. Sharing of program participant data with the secretary of state.
6.24Nothing in this section prevents a government entity from sharing program participant
6.25data with the secretary of state for the purpose of facilitating compliance with this section.
6.26 Sec. 3. EFFECTIVE DATE; EARLY COMPLIANCE.
6.27Sections 1 and 2 are effective the day following final enactment. A government
6.28entity may comply with section 2 before the effective date and this compliance is not a
6.29violation of Minnesota Statutes, chapter 13.
1.3records;amending Minnesota Statutes 2013 Supplement, sections 5B.05; 13.045.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2013 Supplement, section 5B.05, is amended to read:
1.65B.05 USE OF DESIGNATED ADDRESS.
1.7(a) When a program participant presents the address designated by the secretary
1.8of state to any person, that address must be accepted as the address of the program
1.9participant. The person may not require the program participant to submit any address
1.10that could be used to physically locate the participant either as a substitute or in addition
1.11to the designated address, or as a condition of receiving a service or benefit, unless the
1.12service or benefit would be impossible to provide without knowledge of the program
1.13participant's physical location.
1.14(b) A program participant may use the address designated by the secretary of state as
1.15the program participant's work address.
1.16(c) The Office of the Secretary of State shall forward all mail sent to the designated
1.17address to the proper program participants.
1.18(d) If a program participant has notified a person in writing, on a form prescribed
1.19by the program, that the individual is a program participant and of the requirements of
1.20this section, the person must not knowingly disclose the program participant's name,
1.21home address, work address, or school address, unless the person to whom the address is
1.22disclosed also lives, works, or goes to school at the address disclosed, or the participant
1.23has provided written consent to disclosure of the participant's name, home address, work
1.24address, or school address for the purpose for which the disclosure will be made. This
2.1paragraph does not apply to records of the judicial branch governed by rules adopted by
2.2the Supreme Court or government entities governed by section 13.045.
2.3 Sec. 2. Minnesota Statutes 2013 Supplement, section 13.045, is amended to read:
2.413.045 SAFE AT HOME PROGRAM PARTICIPANT DATA.
2.5 Subdivision 1. Definitions. As used in this section:
2.6(1) "program participant" has the meaning given in section
2.7(2) "
2.8
2.9participant's
2.10collected, received, or maintained by a government entity prior to the date a program
2.11participant's certification expires, or the date the entity receives notice that the program
2.12participant has withdrawn from the program, whichever is earlier; and
2.13(3) "identity data" means data that may be used to identify a program participant,
2.14including the program participant's name, phone number, e-mail address, address
2.15designated under chapter 5B, Social Security number, or driver's license number, and that
2.16is collected, received, or maintained by a government entity before the date a program
2.17participant's certification expires, or the date the entity receives notice that the program
2.18participant has withdrawn from the program, whichever is earlier.
2.19 Subd. 2. Notification of certification. (a) A program participant may submit a
2.20notice, in writing, to the responsible authority of any government entity other than the
2.21county recorder or registrar of titles that the participant is certified in the Safe at Home
2.22address confidentiality program pursuant to chapter 5B. The notice must include the date
2.23the program participant's certification in the program expires and any other information
2.24specified by the secretary of state. A program participant may submit a subsequent notice
2.25of certification, if the participant's certification is renewed. The contents of the notification
2.26of certification
2.27(b) To affect real property records maintained by the county recorder or registrar of
2.28titles, a program participant must submit a real property notice in writing to the county
2.29recorder or registrar of titles in the county where the property identified in the real property
2.30notice is located. A real property notice must be on a form prescribed by the secretary of
2.31state and must include:
2.32(1) the full legal name of the program participant, including middle name;
2.33(2) the last four digits of the program participant's Social Security number;
2.34(3) the designated address of the program participant as assigned by the secretary of
2.35state, including lot number;
3.1(4) the date the program participant's certification in the program expires; and
3.2(5) the legal description and street address of the real property affected by the notice.
3.3Only one parcel of real property may be included in each notice, but more than one notice
3.4may be presented to the recorder or registrar. The recorder or registrar may require a
3.5program participant to provide additional information necessary to identify the records of
3.6the program participant or the real property described in the notice. A program participant
3.7may submit a subsequent real property notice for the real property if the participant's
3.8certification is renewed. The real property notice is private data on individuals.
3.9 Subd. 3. Classification of identity and location data; sharing and dissemination.
3.10(a) Identity and location data on a program participant that are not otherwise classified
3.11by law are private data on individuals. Notwithstanding any provision of law to the
3.12contrary, private or confidential
3.13submits a notice under subdivision 2, paragraph (a), may not be shared with any other
3.14government entity
3.15except as provided in paragraph (b).
3.16(b) Private or confidential location data on a program participant must not be shared
3.17or disclosed by a government entity unless:
3.18(1) the program participant has expressly consented in writing to sharing or
3.19dissemination of the data for the purpose for which the sharing or dissemination will occur;
3.20(2) the data are subject to sharing or dissemination pursuant to court order; or
3.21(3) the data are subject to sharing pursuant to section
3.22(4) the location data related to county of residence are needed to provide public
3.23assistance or other government services, or to allocate financial responsibility for the
3.24assistance or services;
3.25(5) the data are necessary to perform a government entity's health, safety, or welfare
3.26functions, including the provision of emergency 911 services, the assessment and
3.27investigation of child or vulnerable adult abuse or neglect, or the assessment or inspection
3.28of services or locations for compliance with health, safety, or professional standards; or
3.29(6) the data are necessary to aid an active law enforcement investigation of the
3.30program participant.
3.31(c) Data disclosed under paragraph (b), clauses (4) to (6), may be used only for the
3.32purposes authorized in this subdivision and may not be further disclosed to any other person
3.33or government entity. Government entities receiving or sharing private or confidential data
3.34under this subdivision shall establish procedures to protect the data from further disclosure.
3.35(d) Real property record data are governed by subdivision 4a.
4.1 Subd. 4. Acceptance of alternate address required. Regardless of whether a
4.2notice of certification has been submitted under subdivision 2, a government entity must
4.3accept the address designated by the secretary of state as a program participant's address,
4.4and is subject to the requirements contained in section
4.5 Subd. 4a. Real property records. (a) If a program participant submits a notice to
4.6a county recorder or registrar of titles under subdivision 2, paragraph (b), the county
4.7recorder, registrar of titles, assessor, or any other county official controlling or with
4.8access to real property records must not disclose the program participant's identity data in
4.9conjunction with the property identified in the written notice, unless:
4.10(1) the program participant has consented to sharing or dissemination of the data for
4.11the purpose for which the sharing or dissemination will occur in a writing acknowledged
4.12by the program participant;
4.13(2) the data are subject to sharing or dissemination pursuant to court order; or
4.14(3) the secretary of state authorizes the sharing or dissemination of the data under
4.15subdivision 4b for the purpose for which the sharing or dissemination will occur.
4.16This section does not prevent the county from returning original documents to the
4.17individuals that submitted the documents for recording or filing. This section does not
4.18prevent the public disclosure of the participant's name and designated address in the
4.19county reception index if the participant's name and designated address are not disclosed
4.20in conjunction with location data. County recorders and registrars of title shall establish
4.21procedures for recording or filing documents to comply with this subdivision. These
4.22procedures may include masking identity or location data and making documents or
4.23certificates of title containing the data private and unviewable except as allowed by this
4.24paragraph. The procedure must comply with the requirements of chapters 386, 507,
4.25508, and 508A to the extent these requirements do not conflict with this section. The
4.26procedures must provide public notice of the existence of recorded or filed but private
4.27and unviewable documents or certificates of title and the provisions for viewing under
4.28this paragraph. Documents that are recorded but not publicly viewable, and accompanied
4.29by a notice that the documents are private and viewable only under this subdivision or
4.30subdivision 4b, are deemed to be constructive notice of those documents.
4.31(b) A real property notice is notice only to the county recorder, registrar of titles,
4.32county auditor, treasurer, or other person performing the duties of a county auditor or
4.33treasurer. A notice that does not conform to the requirements of a real property notice
4.34under subdivision 2, paragraph (b), is not effective as a notice to the county recorder,
4.35registrar of titles, county auditor, treasurer, or any person performing the duties of county
4.36auditor or treasurer. On receipt of a real property notice, the county recorder or registrar
5.1shall provide a copy of the notice to the county auditor and treasurer, or the person
5.2performing the functions of the county auditor and treasurer in that county, and provide a
5.3copy to the secretary of state at the address specified by the secretary of state in the notice.
5.4Notwithstanding any rule or law to the contrary, the county recorder, registrar of titles,
5.5auditor, treasurer, and any county official performing the duties of a county recorder,
5.6registrar of titles, auditor, or treasurer, are subject to paragraph (a).
5.7(c) Paragraph (a) applies only to a participant's records recorded or filed concurrently
5.8with the real property notice specified in subdivision 2, paragraph (b), and real property
5.9records recorded subsequent to the county's receipt of the real property notice.
5.10(d) The prohibition on disclosure in paragraph (a) continues until:
5.11(1) the program participant has consented to the termination of the real property
5.12notice in a writing acknowledged by the program participant;
5.13(2) the real property notice is terminated pursuant to a court order;
5.14(3) the program participant no longer holds a record interest in the real property
5.15identified in the real property notice; or
5.16(4) the secretary of state has given written notice to the county recorder or registrar
5.17of titles who provided the secretary of state with a copy of a participant's real property
5.18notice that the program participant's certification has terminated. Notification under this
5.19paragraph must be given by the secretary of state within 90 days of the termination.
5.20Upon termination of the prohibition of disclosure, the county recorder or registrar of titles
5.21shall make public all documents relative to the participant that were previously partially or
5.22wholly private and unviewable.
5.23 Subd. 4b. Access to real property data; title examination. (a) Upon request, the
5.24secretary of state may share data regarding a program participant's real property records
5.25for the purpose of confirming or denying that the program participant's real property is the
5.26property subject to a legitimate title examination. The request must include:
5.27(1) the name, title, address, and affiliated organization, if applicable, of the person
5.28requesting data;
5.29(2) the purpose for requesting data;
5.30(3) the requestor's relationship, if any, to the program participant subject to the
5.31data; and
5.32(4) the legal description of the property subject to the title examination and any other
5.33information required by the secretary of state to respond to the request.
5.34The secretary of state shall approve or deny a request for access to data within two
5.35business days.
6.1(b) In responding to a legitimate request, the secretary of state may respond by
6.2an affirmation in writing that the property subject to the title examination is or is not
6.3the property subject to a program participant's real property notice. Notwithstanding
6.4subdivision 4a, or any law to the contrary, a party examining title may rely conclusively on
6.5the information contained in a written affirmation from the Office of the Secretary of State.
6.6(c) Location data disclosed under this subdivision may be used only for the purposes
6.7authorized in this subdivision and may not be further disclosed to any other person. A
6.8person receiving private data under this subdivision shall establish procedures to protect
6.9the data from further disclosure.
6.10 Subd. 5. Duties of the secretary of state and other government entities limited.
6.11Nothing in this section establishes a duty for:
6.12(1) the Office of the Secretary of State to identify other government entities that
6.13may hold data on a program participant; or
6.14(2) the responsible authority of any government entity to independently determine
6.15whether it maintains data on a program participant, unless a request is received pursuant to
6.16section
6.17 Subd. 6. Service of process upon program participants. Notwithstanding any law
6.18to the contrary, service of process upon a program participant must be made by personal
6.19service or service by mail upon the secretary of state under section 5B.03, subdivision
6.201, clause (3). In an action in which service by publication is required or necessary,
6.21publication is valid if the publication omits the name of the program participant and the
6.22secretary of state has received service as provided in this subdivision.
6.23 Subd. 7. Sharing of program participant data with the secretary of state.
6.24Nothing in this section prevents a government entity from sharing program participant
6.25data with the secretary of state for the purpose of facilitating compliance with this section.
6.26 Sec. 3. EFFECTIVE DATE; EARLY COMPLIANCE.
6.27Sections 1 and 2 are effective the day following final enactment. A government
6.28entity may comply with section 2 before the effective date and this compliance is not a
6.29violation of Minnesota Statutes, chapter 13.
