§ 108 — Address confidentiality program

§ 108. Address confidentiality program. There is created in the\noffice of the secretary of state a program to be known as the "address\nconfidentiality program" to protect victims of domestic violence,\nvictims of human trafficking, victims of kidnapping, victims of a sexual\noffense, victims of stalking, and reproductive health care services\nproviders, employees, volunteers, patients, or immediate family members\nof reproductive health care services providers by authorizing the use of\ndesignated addresses for such victims and their minor children. The\nprogram shall be administered by the secretary of state.\n 1. Definitions. For the purposes of this section the following words\nshall, unless the context requires otherwise, have the following\nmeanings:\n (a) "Victim of domestic violence" shall have the same meaning as is\nascribed to such term by section four hundred fifty-nine-a of the social\nservices law.\n (b) "Actual address" means the residential street address, school\naddress or work address of an individual, as specified on his or her\napplication to be a program participant under this section.\n (c) "Program participant" means a person certified as a program\nparticipant under this section.\n (d) "Mail" means first class letters delivered via the United States\nPostal Service, including priority, express and certified mail, and\nexcluding packages, parcels, periodicals and catalogues, unless they are\nclearly identifiable as pharmaceuticals or clearly indicate that they\nare sent by a government agency.\n (e) "Substitute address" means the secretary's designated address for\nthe address confidentiality program.\n (f) "Secretary" means the secretary of state.\n (g) "Public record" means any information kept, held, filed, produced\nor reproduced by, with or for an agency, in any physical form whatsoever\nincluding, but not limited to, reports, statements, examinations,\nmemoranda, opinions, folders, files, books, manuals, pamphlets, forms,\npapers, designs, drawings, maps, photos, letters, microfilms, computer\ntapes or discs, rules, regulations or codes.\n (h) "Process" means judicial process and all orders, demands, notices\nor other papers required or permitted by law to be served on a program\nparticipant.\n (i) "Victim of a sexual offense" means a victim of any act\nconstituting an offense as defined under article one hundred thirty,\nand/or sections 255.25, 255.26, and 255.27 of the penal law, including\nthreats or attempts to commit such offenses.\n (j) "Victim of stalking" means a victim of any act constituting an\noffense as defined under sections 120.45, 120.50, 120.55 and 120.60 of\nthe penal law.\n (k) "Victim of human trafficking" means a victim of any act\nconstituting an offense as defined under section 135.35, 135.37, 230.34,\nor 230.34-a of the penal law.\n * (l) "Reproductive health care services provider, employee,\nvolunteer, or patient" means a person who obtains, provides, or assists,\nat the request of another person, in obtaining or providing reproductive\nhealth care services, or a person who owns or operates a reproductive\nhealth care services facility.\n * NB There are 2 par (l)'s\n * (l) "Victim of kidnapping" means a victim of any act constituting an\noffense as defined under sections 135.20 and 135.25 of the penal law.\n * NB There are 2 par (l)'s\n (m) "Reproductive health care services facility" includes a hospital,\nan office operated by a licensed physician and surgeon, a licensed\nclinic, or other licensed health care facility that provides\nreproductive health care services and includes only the building or\nstructure in which the reproductive health care services are actually\nprovided.\n (n) "Immediate family member" shall have the same meaning as defined\nin subdivision eight of section two hundred thirty-eight of the public\nhealth law.\n 2. Address confidentiality program; application; certification. (a) An\nadult person, a parent or legal guardian acting on behalf of a minor, or\na legal guardian acting on behalf of an incapacitated person, may apply\nto the secretary to have an address designated by the secretary to serve\nas the person's address or address of the minor or incapacitated person\nin lieu of the person's actual address. The secretary shall approve an\napplication if it is filed in the manner and on the form prescribed by\nthe secretary, and if it includes:\n (i) a signed written statement affirmed by the applicant that:\n (A) the applicant, or the minor or incapacitated person on whose\nbehalf the application is made, is a victim of domestic violence, victim\nof human trafficking, victim of kidnapping, victim of a sexual offense,\nvictim of stalking, or a reproductive health care services provider,\nemployee, volunteer, patient, or an immediate family member of a\nreproductive health care services provider;\n (B) the applicant, or the minor or incapacitated person on whose\nbehalf the application is made, has left his or her residence because of\nsuch violence or acts, provided, however, this clause shall not apply if\nthe applicant is a reproductive health care services provider, employee,\nvolunteer, patient, or an immediate family member of a reproductive\nhealth care services provider;\n (C) the applicant fears for his or her safety or his or her children's\nsafety, or the safety of the minor or incapacitated person on whose\nbehalf the application is made, or, in the case of a reproductive health\ncare services provider, employee, volunteer, or patient, the applicant\nfears for his or her safety or the safety of an immediate family member;\nand\n (D) the parent or legal guardian applying on behalf of a minor or\nincapacitated person has legal authority to act on the person's behalf;\n (ii) a designation of the secretary as agent for purposes of service\nof process and for the purpose of receipt of mail;\n (iii) the mailing address where the applicant can be contacted by the\nsecretary and the telephone number or numbers where the applicant can be\ncalled by the secretary;\n (iv) the actual address or addresses that the applicant requests not\nbe disclosed because of the increased risk of domestic violence, a\nsexual offense, stalking, physical injury or in the case of reproductive\nhealth care services provider, employee, volunteer, patient, or an\nimmediate family member of a reproductive health care services provider,\nother threats of violence; and\n (v) the name of any person who resides with the applicant who also\nneeds to be a program participant in order to ensure the safety of the\napplicant and, if the person named in the application is eighteen years\nof age or older, the consent of such person to be a program participant\nand designation by such person of the secretary as agent for purposes of\nservice of process and for the purpose of receipt of mail; and\n (vi) the signature of the applicant and the name and signature of any\nindividual or representative of any office designated by the secretary\nunder subdivision three of this section who assisted in the preparation\nof the application, and the date on which the applicant signed the\napplication.\n (b) The secretary shall establish, distribute and make available a\nform for the purpose of making applications pursuant to this section.\n (c) Applications shall be filed with the office of the secretary.\n (d) Upon receipt of a properly completed application, the secretary\nshall certify the applicant as a program participant and shall serve as\nthe participant's agent for service of process and receipt of mail for\nthe duration of the term of certification.\n (e) Participants shall be certified for four years following the date\nof filing, unless the certification is withdrawn or cancelled before\nthat date. The secretary shall promulgate rules and regulations for\nrenewal of applications pursuant to this section.\n 3. Designation of agencies to assist applicants. The secretary shall\ndesignate state, local or nonprofit agencies that provide counseling,\nreferral, shelter or other specialized services to victims of domestic\nviolence, victims of human trafficking, victims of kidnapping, victims\nof a sexual offense, victims of stalking, and reproductive health care\nservices providers, employees, volunteers, patients, or immediate family\nmembers of reproductive health care services providers to assist persons\napplying to be program participants. Such persons providing assistance\nshall be trained by the secretary. Any assistance and counseling\nrendered by an officer of the secretary or his or her designees to\napplicants shall in no way be construed as legal advice.\n 4. Use and acceptance of substitute address; mail forwarding. (a) A\nprogram participant may request that state and local agencies use the\nsubstitute address. When creating, modifying or maintaining a public\nrecord, state and local agencies shall accept the substitute address\nupon demonstration by a program participant of his or her certification\nin the program, unless the secretary waives this requirement after\ndetermining that:\n (i) the agency has a bona fide statutory or administrative requirement\nfor the use of the participant's actual address which would otherwise be\nconfidential under this section; and\n (ii) the agency has explained how its acceptance of the substitute\naddress will prevent the agency from meeting its obligations under the\nlaw and why it cannot meet its statutory or administrative obligation by\na change in its internal procedures.\n (b) Any agency receiving a waiver shall maintain the confidentiality\nof the program participant's address by redacting the actual address\nwhen the record is released to any person and shall not make the program\nparticipant's actual address available for inspection or copying, except\nunder the following circumstances:\n (i) there is a bona fide statutory or administrative requirement for\nthe communication of an actual address to another agency that has\nreceived a waiver from the secretary, provided that each waiver\nspecifically authorizes such communication with the specified agency; or\n (ii) if directed by a court order to a person identified in the order.\n (c) Upon receipt by the secretary of a process or mail for a\nparticipant, the office of the secretary shall immediately forward all\nsuch process or mail to the appropriate program participants at the\naddress specified by the participant for that purpose, and shall record\nthe date of such forwarding. Service of process on a program\nparticipant, a program participant's minor child, incapacitated person\nor other adult member of the program participant's household shall be\ncomplete when the secretary receives such process by mail or otherwise.\n (d) A program participant may use the substitute address as his or her\nwork address.\n (e) The secretary or any member of the department of state who\nreasonably and in good faith handles any process or mail on behalf of a\nparticipant in accordance with this section shall be immune from any\ncivil liability which might otherwise result by reason of such actions.\n 5. Cancellation of certification. (a) The secretary may cancel a\nprogram participant's certification if, after the passage of fourteen\ndays:\n (i) from the date of changing his or her name, the program participant\ndoes not notify the secretary that he or she has obtained a name change;\nhowever, the program participant may reapply under his or her new name;\n (ii) from the date of changing his or her actual address, the program\nparticipant fails to notify the secretary of the change of such address;\nor\n (iii) from the date the secretary first receives mail, forwarded to\nthe program participant's address, returned as non-deliverable.\n (b) The secretary shall cancel certification of a program participant\nwho applies using false information.\n (c) The secretary shall cancel certification of a program participant\nif the participant's certification term has expired and certification\nrenewal has not been completed.\n (d) The secretary shall send notice of cancellation to the program\nparticipant. Notice of cancellation shall set out the reasons for\ncancellation. The program participant shall have thirty days to appeal\nthe cancellation decision under procedures developed by the secretary.\n (e) Program participants may withdraw from the program by giving the\nsecretary written notice of their withdrawal and his or her current\nidentification card. The secretary shall establish, by rule, a secure\nprocedure for ensuring that the request for withdrawal is legitimate.\n (f) Any records or documents pertaining to a program participant shall\nnot be a public record and shall be retained and held confidential for a\nperiod of three years after termination of certification and then\ndestroyed.\n 6. Disclosure of participant information prohibited; exceptions. (a)\nThe secretary shall not make a program participant's information, other\nthan the substitute address, available for inspection or copying, except\nunder any of the following circumstances:\n (i) if requested by a law enforcement agency for a legitimate law\nenforcement purpose as determined by the law enforcement agency; or\n (ii) to a person identified in a court order, upon the secretary's\nreceipt of that court order which specifically orders the disclosure of\na particular program participant's address and the reasons stated\ntherefor.\n (b) The secretary may verify the participation of a specific program\nparticipant, in which case the secretary may only confirm information\nsupplied by the requester.\n 7. Rules and regulations. The secretary shall promulgate rules and\nregulations necessary to implement the provisions of this section.\n 8. Report to the legislature. The secretary shall submit to the\nlegislature, no later than February first of each year, a report that\nincludes for each county, the total number of applications received, the\ntotal number of persons participating in the program established by this\nsection during the previous calendar year and the total number of pieces\nof mail forwarded to program participants during the previous calendar\nyear.\n