§ 42-164-5 — § 42-164-5. Agency acceptance of designated address — Waiver.

§ 42-164-5. Agency acceptance of designated address — Waiver.

(a) A program participant may request that state and local agencies use the substitute address. When creating, modifying, or maintaining a public record, state and local agencies shall accept the substitute address when the program participant provides documentation of certification in the program.

(b) An agency may request the secretary of state waive the application of subsection (a) of this section, upon showing:

(1) The agency has a bona fide statutory or administrative requirement for the use of the participant's actual address that would otherwise be confidential under this chapter; and

(2) The agency has explained how its acceptance of the substitute address will prevent the agency from meeting its obligations under the law and why it cannot meet its statutory or administrative obligation by a change in its internal procedures.

(c) Any agency receiving a waiver shall maintain the confidentiality of the program participant's address by redacting the actual address when the record is released to any person and shall not make the program participant's actual address available for inspection or copying, except under the following circumstances:

(1) There is a bona fide statutory or administrative requirement for the communication of an actual address to another agency that has received a waiver from the secretary of state; provided that, each waiver specifically authorizes such communication with the specified agency; or

(2) If directed by a court order, to a person identified in the order.

Legislative History

P.L. 2022, ch. 190, § 1, effective January 1, 2023; P.L. 2022, ch. 191, § 1, effective January 1, 2023.