Bill Text: MN SF509 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Data protection for victims of violence (Safe at Home) provisions modifications
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced - Dead) 2013-05-01 - HF substituted on General Orders HF580 [SF509 Detail]
Download: Minnesota-2013-SF509-Engrossed.html
1.2relating to state government; regulating data protection for victims of violence;
1.3amending Minnesota Statutes 2012, sections 5B.02; 5B.03, subdivision 1; 5B.04;
1.45B.05; 5B.10, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 5B.02, is amended to read:
1.75B.02 DEFINITIONS.
1.8 (a) For purposes of this chapter and unless the context clearly requires otherwise, the
1.9definitions in this section have the meanings given them.
1.10 (b) "Address" means a residential street address, school address, or work address
1.11of an individual, as specified on the individual's application to be a program participant
1.12under this chapter.
1.13 (c) "Applicant" means an adult, a parent or guardian acting on behalf of an eligible
1.14minor, or a guardian acting on behalf of an incapacitated person, as defined in section
1.15524.5-102.
1.16 (d) "Domestic violence" means an act as defined in section 518B.01, subdivision
1.172, paragraph (a), and includes a threat of such acts committed against an individual in a
1.18domestic situation, regardless of whether these acts or threats have been reported to law
1.19enforcement officers.
1.20 (e) "Eligible person" means an adult, a minor, or an incapacitated person, as defined
1.21in section 524.5-102 for whom there is good reason to believe (i) that the eligible person
1.22is a victim of domestic violence, sexual assault, or stalking, or (ii) that the eligible
1.23person fears for the person's safety, the safety of another person who resides in the same
1.24household, or the safety of persons on whose behalf the application is made. An individual
2.1must reside in Minnesota in order to be an eligible person. A person registered or required
2.2to register as a predatory offender under section243.166 or
243.167 , or the law of another
2.3jurisdiction, is not an eligible person.
2.4 (f) "Mail" means first class letters and flats delivered via the United States Postal
2.5Service, including priority, express, and certified mail, and excluding packages, parcels,
2.6periodicals, and catalogues, unless they are clearly identifiable as pharmaceuticals or
2.7clearly indicate that they are sent by a state or county government agency.
2.8 (g) "Program participant" means an individual certified as a program participant
2.9under section 5B.03.
2.10 (h) "Stalking" means acts criminalized under section 609.749 and includes a threat
2.11of such acts committed against an individual, regardless of whether these acts or threats
2.12have been reported to law enforcement officers.
2.13 Sec. 2. Minnesota Statutes 2012, section 5B.03, subdivision 1, is amended to read:
2.14 Subdivision 1. Application. The secretary of state shall certify an eligible person as
2.15a program participant when the secretary receives an application that must contain:
2.16 (1) the full legal name of the eligible person;
2.17 (2) a statement by the applicant that the applicant has good reason to believe (i) that
2.18the eligible person listed on the application is a victim of domestic violence, sexual assault,
2.19or stalking, or (ii) that the eligible person fears for the person's safety, the safety of another
2.20person who resides in the same household, or the safety of persons on whose behalf the
2.21application is made, and (iii) that the eligible person is not applying for certification as a
2.22program participant in order to avoid prosecution for a crime;
2.23 (3) a designation of the secretary of state as agent for purposes of service of process
2.24and for the purpose of receipt of mail;
2.25 (4)the mailing address where the eligible person can be contacted by the secretary
2.26of state, and the phone number or numbers where the applicant or eligible person can be
2.27called by the secretary of state;
2.28 (5) the physical residential addressor addresses of the eligible person, disclosure of
2.29which will increase the risk of domestic violence, sexual assault, or stalking;
2.30 (6) if mail cannot be delivered to the residential address of the eligible person,
2.31the address to which mail should be sent;
2.32(6) (7) a statement whether the eligible person would like information on becoming
2.33an ongoing absentee ballot recipient pursuant to section 5B.06;
2.34(7) (8) a statement from the eligible person that gives the secretary of state consent
2.35to confirm the eligible person's participation in Safe at Home to a third party who provides
3.1the program participant's first and last name and Safe at Home lot number listed on the
3.2program participant's card;
3.3(8) (9) the signature of the applicant, an indicator of the applicant's authority to act
3.4on behalf of the eligible person, if appropriate, the name and signature of any individual or
3.5representative of any person who assisted in the preparation of the application, and the
3.6date on which the application was signed; and
3.7(9) (10) any other information as required by the secretary of state.
3.8 Sec. 3. Minnesota Statutes 2012, section 5B.04, is amended to read:
3.95B.04 CERTIFICATION CANCELLATION.
3.10(a) If the program participant obtains a legal change of identity, the participant
3.11loses certification as a program participant.
3.12(b) The secretary of state may cancel a program participant's certification if there is a
3.13change in themailing address program participant's legal name or contact information,
3.14unless the program participant or the person who signed as the applicant on behalf of
3.15an eligible person provides the secretary of state withat least two days' prior notice in
3.16writing of the changeof address.
3.17(c) The secretary of state may cancel certification of a program participant if
3.18mail forwarded by the secretary to the program participant's address is returned as
3.19nondeliverable.
3.20(d) The secretary of state may cancel a program participant's certification if the
3.21program participant is no longer an eligible person.
3.22(e) The secretary of state shall cancel certification of a program participant who
3.23applies using false information.
3.24 Sec. 4. Minnesota Statutes 2012, section 5B.05, is amended to read:
3.255B.05 USE OF DESIGNATED ADDRESS.
3.26(a) When a program participant presents the address designated by the secretary of
3.27state to any person, that address must be accepted as the address of the program participant.
3.28(b) A program participant may use the address designated by the secretary of state as
3.29the program participant's work address.
3.30(c) The Office of the Secretary of State shall forward all mail sent to the designated
3.31address to the proper program participants.
3.32(d) If a program participant has notified a person in writing on a form prescribed
3.33by the program that the individual is a program participant and of the requirements of
3.34this section, the person must not knowingly disclose the program participant's name,
4.1home address, work address, or school address, unless the person to whom the address is
4.2disclosed also lives, works, or goes to school at the address disclosed.
4.3 Sec. 5. Minnesota Statutes 2012, section 5B.10, is amended by adding a subdivision to
4.4read:
4.5 Subd. 3. Release by a municipal utility. If a program participant has notified the
4.6program participant's municipal utility in writing on a form prescribed by the program
4.7that the individual is a program participant and of the requirements of this section, the
4.8program participant's name is private data on individuals as defined in section 13.02,
4.9subdivision 12, and the municipal utility must not release the program participant's name
4.10at an address otherwise protected under this chapter.
1.3amending Minnesota Statutes 2012, sections 5B.02; 5B.03, subdivision 1; 5B.04;
1.45B.05; 5B.10, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 5B.02, is amended to read:
1.75B.02 DEFINITIONS.
1.8 (a) For purposes of this chapter and unless the context clearly requires otherwise, the
1.9definitions in this section have the meanings given them.
1.10 (b) "Address" means a residential street address, school address, or work address
1.11of an individual, as specified on the individual's application to be a program participant
1.12under this chapter.
1.13 (c) "Applicant" means an adult, a parent or guardian acting on behalf of an eligible
1.14minor, or a guardian acting on behalf of an incapacitated person, as defined in section
1.15524.5-102.
1.16 (d) "Domestic violence" means an act as defined in section 518B.01, subdivision
1.172, paragraph (a), and includes a threat of such acts committed against an individual in a
1.18domestic situation, regardless of whether these acts or threats have been reported to law
1.19enforcement officers.
1.20 (e) "Eligible person" means an adult, a minor, or an incapacitated person, as defined
1.21in section 524.5-102 for whom there is good reason to believe (i) that the eligible person
1.22is a victim of domestic violence, sexual assault, or stalking, or (ii) that the eligible
1.23person fears for the person's safety, the safety of another person who resides in the same
1.24household, or the safety of persons on whose behalf the application is made. An individual
2.1must reside in Minnesota in order to be an eligible person. A person registered or required
2.2to register as a predatory offender under section
2.3jurisdiction, is not an eligible person.
2.4 (f) "Mail" means first class letters and flats delivered via the United States Postal
2.5Service, including priority, express, and certified mail, and excluding packages, parcels,
2.6periodicals, and catalogues, unless they are clearly identifiable as pharmaceuticals or
2.7clearly indicate that they are sent by a state or county government agency.
2.8 (g) "Program participant" means an individual certified as a program participant
2.9under section 5B.03.
2.10 (h) "Stalking" means acts criminalized under section 609.749 and includes a threat
2.11of such acts committed against an individual, regardless of whether these acts or threats
2.12have been reported to law enforcement officers.
2.13 Sec. 2. Minnesota Statutes 2012, section 5B.03, subdivision 1, is amended to read:
2.14 Subdivision 1. Application. The secretary of state shall certify an eligible person as
2.15a program participant when the secretary receives an application that must contain:
2.16 (1) the full legal name of the eligible person;
2.17 (2) a statement by the applicant that the applicant has good reason to believe (i) that
2.18the eligible person listed on the application is a victim of domestic violence, sexual assault,
2.19or stalking, or (ii) that the eligible person fears for the person's safety, the safety of another
2.20person who resides in the same household, or the safety of persons on whose behalf the
2.21application is made, and (iii) that the eligible person is not applying for certification as a
2.22program participant in order to avoid prosecution for a crime;
2.23 (3) a designation of the secretary of state as agent for purposes of service of process
2.24and for the purpose of receipt of mail;
2.25 (4)
2.26
2.27called by the secretary of state;
2.28 (5) the physical residential address
2.29which will increase the risk of domestic violence, sexual assault, or stalking;
2.30 (6) if mail cannot be delivered to the residential address of the eligible person,
2.31the address to which mail should be sent;
2.32
2.33an ongoing absentee ballot recipient pursuant to section 5B.06;
2.34
2.35to confirm the eligible person's participation in Safe at Home to a third party who provides
3.1the program participant's first and last name and Safe at Home lot number listed on the
3.2program participant's card;
3.3
3.4on behalf of the eligible person, if appropriate, the name and signature of any individual or
3.5representative of any person who assisted in the preparation of the application, and the
3.6date on which the application was signed; and
3.7
3.8 Sec. 3. Minnesota Statutes 2012, section 5B.04, is amended to read:
3.95B.04 CERTIFICATION CANCELLATION.
3.10(a) If the program participant obtains a legal change of identity, the participant
3.11loses certification as a program participant.
3.12(b) The secretary of state may cancel a program participant's certification if there is a
3.13change in the
3.14unless the program participant or the person who signed as the applicant on behalf of
3.15an eligible person provides the secretary of state with
3.16writing of the change
3.17(c) The secretary of state may cancel certification of a program participant if
3.18mail forwarded by the secretary to the program participant's address is returned as
3.19nondeliverable.
3.20(d) The secretary of state may cancel a program participant's certification if the
3.21program participant is no longer an eligible person.
3.22(e) The secretary of state shall cancel certification of a program participant who
3.23applies using false information.
3.24 Sec. 4. Minnesota Statutes 2012, section 5B.05, is amended to read:
3.255B.05 USE OF DESIGNATED ADDRESS.
3.26(a) When a program participant presents the address designated by the secretary of
3.27state to any person, that address must be accepted as the address of the program participant.
3.28(b) A program participant may use the address designated by the secretary of state as
3.29the program participant's work address.
3.30(c) The Office of the Secretary of State shall forward all mail sent to the designated
3.31address to the proper program participants.
3.32(d) If a program participant has notified a person in writing on a form prescribed
3.33by the program that the individual is a program participant and of the requirements of
3.34this section, the person must not knowingly disclose the program participant's name,
4.1home address, work address, or school address, unless the person to whom the address is
4.2disclosed also lives, works, or goes to school at the address disclosed.
4.3 Sec. 5. Minnesota Statutes 2012, section 5B.10, is amended by adding a subdivision to
4.4read:
4.5 Subd. 3. Release by a municipal utility. If a program participant has notified the
4.6program participant's municipal utility in writing on a form prescribed by the program
4.7that the individual is a program participant and of the requirements of this section, the
4.8program participant's name is private data on individuals as defined in section 13.02,
4.9subdivision 12, and the municipal utility must not release the program participant's name
4.10at an address otherwise protected under this chapter.
