1.1.................... moves to amend H.F. No. 2276 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2013 Supplement, section 5B.05, is amended to read:
1.45B.05 USE OF DESIGNATED ADDRESS.
1.5(a) When a program participant presents the address designated by the secretary
1.6of state to any person, that address must be accepted as the address of the program
1.7participant. The person may not require the program participant to submit any address
1.8that could be used to physically locate the participant either as a substitute or in addition
1.9to the designated address, or as a condition of receiving a service or benefit, unless the
1.10service or benefit would be impossible to provide without knowledge of the program
1.11participant's physical location.
1.12(b) A program participant may use the address designated by the secretary of state as
1.13the program participant's work address.
1.14(c) The Office of the Secretary of State shall forward all mail sent to the designated
1.15address to the proper program participants.
1.16(d) If a program participant has notified a person in writing, on a form prescribed
1.17by the program, that the individual is a program participant and of the requirements of
1.18this section, the person must not knowingly disclose the program participant's name,
1.19home address, work address, or school address, unless the person to whom the address is
1.20disclosed also lives, works, or goes to school at the address disclosed, or the participant
1.21has provided written consent to disclosure of the participant's name, home address, work
1.22address, or school address for the purpose for which the disclosure will be made. This
1.23paragraph does not apply to records of the judicial branch governed by rules adopted by
1.24the Supreme Court or government entities governed by section 13.045.

1.25    Sec. 2. Minnesota Statutes 2013 Supplement, section 13.045, is amended to read:
2.113.045 SAFE AT HOME PROGRAM PARTICIPANT DATA.
2.2    Subdivision 1. Definitions. As used in this section:
2.3(1) "program participant" has the meaning given in section 5B.02, paragraph (g); and
2.4(2) "identity and location data" means any data that may be used to identify
2.5or physically locate a program participant, including but not limited to the program
2.6participant's name, residential address, work address, and school address, and that is
2.7collected, received, or maintained by a government entity prior to the date a program
2.8participant's certification expires, or the date the entity receives notice that the program
2.9participant has withdrawn from the program, whichever is earlier
2.10(3) "identity data" means data that may be used to identify a program participant,
2.11including the program participant's name, phone number, e-mail address, address
2.12designated under chapter 5B, Social Security number, or driver's license number, and that
2.13is collected, received, or maintained by a government entity before the date a program
2.14participant's certification expires, or the date the entity receives notice that the program
2.15participant has withdrawn from the program, whichever is earlier;
2.16(4) "county recorder" means the county official who performs the functions of the
2.17county recorder or registrar of titles to record a document as part of the county real estate
2.18document recording system, regardless of title or office; and
2.19(5) "real property records" means any record of data that is maintained by a county
2.20as part of the county real estate document recording system for use by the public.
2.21    Subd. 2. Notification of certification. (a) A program participant may submit a
2.22notice, in writing, to the responsible authority of any government entity other than the
2.23county recorder that the participant is certified in the Safe at Home address confidentiality
2.24program pursuant to chapter 5B. The notice must include the program participant's name,
2.25names of other program participants in the household, address designated under chapter
2.265B, program participant signature, date the program participant's certification in the
2.27program expires and any other information specified by the secretary of state. A program
2.28participant may submit a subsequent notice of certification, if the participant's certification
2.29is renewed. The contents of the notification of certification, and the fact that a notice has
2.30been submitted, are private data on individuals.
2.31(b) To affect real property records, including but not limited to documents maintained
2.32in a public recording system, data on assessments and taxation, and other data on real
2.33property, a program participant must submit a real property notice in writing to the county
2.34recorder in the county where the property identified in the real property notice is located. A
2.35real property notice must be on a form prescribed by the secretary of state and must include:
2.36(1) the full legal name of the program participant, including middle name;
3.1(2) the last four digits of the program participant's Social Security number;
3.2(3) the designated address of the program participant as assigned by the secretary of
3.3state, including lot number;
3.4(4) the date the program participant's certification in the program expires;
3.5(5) the legal description and street address, if any, of the real property affected
3.6by the notice;
3.7(6) the address of the office of secretary of state; and
3.8(7) the signature of the program participant.
3.9Only one parcel of real property may be included in each notice, but more than one notice
3.10may be presented to the county recorder. The county recorder may require a program
3.11participant to provide additional information necessary to identify the records of the
3.12program participant or the real property described in the notice. A program participant
3.13must submit a subsequent real property notice for the real property if the participant's
3.14certification is renewed. The real property notice is private data on individuals.
3.15    Subd. 3. Classification of identity and location data; sharing and dissemination.
3.16(a) Identity and location data on a program participant who submits a notice under
3.17subdivision 2, paragraph (a) that are not otherwise classified by law are private data on
3.18individuals. Notwithstanding any provision of law to the contrary, private or confidential
3.19identity and location data on a program participant who submits a notice under subdivision
3.202, paragraph (a) may not be shared with any other government entity, or disseminated to
3.21any person, unless: or nongovernmental entity except as provided in paragraph (b).
3.22(b) Private or confidential location data on a program participant must not be shared
3.23or disclosed by a government entity unless:
3.24(1) the program participant has expressly consented in writing to sharing or
3.25dissemination of the data for the purpose for which the sharing or dissemination will occur;
3.26(2) the data are subject to sharing or dissemination pursuant to court order under
3.27section 13.03, subdivision 6; or
3.28(3) the data are subject to sharing pursuant to section 5B.07, subdivision 2;
3.29(4) the location data related to county of residence are needed to provide public
3.30assistance or other government services, or to allocate financial responsibility for the
3.31assistance or services;
3.32(5) the data are necessary to perform a government entity's health, safety, or welfare
3.33functions, including the provision of emergency 911 services, the assessment and
3.34investigation of child or vulnerable adult abuse or neglect, or the assessment or inspection
3.35of services or locations for compliance with health, safety, or professional standards; or
4.1(6) the data are necessary to aid an active law enforcement investigation of the
4.2program participant.
4.3(c) Data disclosed under paragraph (b), clauses (4) to (6), may be used only for the
4.4purposes authorized in this subdivision and may not be further disclosed to any other person
4.5or government entity. Government entities receiving or sharing private or confidential data
4.6under this subdivision shall establish procedures to protect the data from further disclosure.
4.7(d) Real property record data are governed by subdivision 4a.
4.8    Subd. 4. Acceptance of alternate address required. Regardless of whether a
4.9notice of certification has been submitted under subdivision 2, a government entity must
4.10accept the address designated by the secretary of state as a program participant's address,
4.11and is subject to the requirements contained in section 5B.05, paragraphs (a) to (c).
4.12    Subd. 4a. Real property records. (a) If a program participant submits a notice to a
4.13county recorder under subdivision 2, paragraph (b), the county recorder must not disclose
4.14the program participant's identity data in conjunction with the property identified in the
4.15written notice, unless:
4.16(1) the program participant has consented to sharing or dissemination of the data for
4.17the purpose identified in a writing acknowledged by the program participant;
4.18(2) the data are subject to sharing or dissemination pursuant to court order under
4.19section 13.03, subdivision 6; or
4.20(3) the secretary of state authorizes the sharing or dissemination of the data under
4.21subdivision 4b for the purpose identified in the authorization.
4.22This subdivision does not prevent the county recorder from returning original documents
4.23to the individuals that submitted the documents for recording. This subdivision does not
4.24prevent the public disclosure of the participant's name and address designated under
4.25chapter 5B in the county reception index if the participant's name and designated address
4.26are not disclosed in conjunction with location data. Each county recorder shall establish
4.27procedures for recording or filing documents to comply with this subdivision. These
4.28procedures may include masking identity or location data and making documents or
4.29certificates of title containing the data private and not viewable except as allowed by this
4.30paragraph. The procedure must comply with the requirements of chapters 386, 507, 508,
4.31and 508A and other laws as appropriate, to the extent these requirements do not conflict
4.32with this section. The procedures must provide public notice of the existence of recorded
4.33documents and certificates of title that are not publicly viewable and the provisions for
4.34viewing them under this subdivision. Notice that a document or certificate is private and
4.35viewable only under this subdivision or subdivision 4b, is deemed constructive notice of
4.36the document or certificate.
5.1(b) A real property notice is notice only to the county recorder. A notice that does
5.2not conform to the requirements of a real property notice under subdivision 2, paragraph
5.3(b), is not effective as a notice to the county recorder. On receipt of a real property notice,
5.4the county recorder shall provide a copy of the notice to the person who maintains the
5.5property tax records in that county, and provide a copy to the secretary of state at the
5.6address specified by the secretary of state in the notice.
5.7(c) Paragraph (a) applies only to the records recorded or filed concurrently with the
5.8real property notice specified in subdivision 2, paragraph (b), and real property records
5.9affecting the same real property recorded subsequent to the county's receipt of the real
5.10property notice.
5.11(d) The prohibition on disclosure in paragraph (a) continues until:
5.12(1) the program participant has consented to the termination of the real property
5.13notice in a writing acknowledged by the program participant;
5.14(2) the real property notice is terminated pursuant to a court order;
5.15(3) the program participant no longer holds a record interest in the real property
5.16identified in the real property notice; or
5.17(4) the secretary of state has given written notice to the county recorder who
5.18provided the secretary of state with a copy of a participant's real property notice that the
5.19program participant's certification has terminated. Notification under this paragraph must
5.20be given by the secretary of state within 90 days of the termination.
5.21Upon termination of the prohibition of disclosure, the county recorder shall make publicly
5.22viewable all documents and certificates of title relative to the participant that were
5.23previously partially or wholly private and not viewable.
5.24    Subd. 4b. Access to real property data; title examination. (a) Upon request, the
5.25secretary of state may share data regarding a program participant's real property records
5.26for the purpose of confirming or denying that the program participant's real property is the
5.27property subject to a bona fide title examination. The request must include:
5.28(1) the name, title, address, and affiliated organization, if applicable, of the person
5.29requesting data;
5.30(2) the purpose for requesting data;
5.31(3) the requestor's relationship, if any, to the program participant subject to the
5.32data; and
5.33(4) the legal description of the property subject to the title examination and any other
5.34information required by the secretary of state to respond to the request.
5.35The secretary of state shall approve or deny a request for access to data within two
5.36business days.
6.1(b) In responding to a bona fide 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
6.5on the information contained in a written affirmation from 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 13.04 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, after a government entity receives a notice under subdivisions 2 or 4a, if
6.19the government entity seeks to serve process upon a program participant, the service must
6.20be made by personal service or service by mail upon the secretary of state under section
6.215B.03, subdivision 1, clause (3). In an action in which service by publication is required or
6.22necessary, publication is valid if the publication omits the name of the program participant
6.23and the secretary of state has been served as provided in this subdivision.
6.24    Subd. 7. Sharing of program participant data with the secretary of state.
6.25Nothing in this section prevents a government entity from sharing program participant
6.26data with the secretary of state for the purpose of facilitating compliance with this section.

6.27    Sec. 3. EFFECTIVE DATE; EARLY COMPLIANCE.
6.28Sections 1 and 2 are effective the day following final enactment. Compliance with
6.29section 2 prior to its effective date is not a violation of chapter 13."
6.30Delete the title and insert:
6.32relating to the safe at home program; regulating participant data and real property
6.33records;amending Minnesota Statutes 2013 Supplement, sections 5B.05; 13.045."