N.Y. Executive Law § 108: Address confidentiality program

§ 108. Address confidentiality program. There is created in the

office of the secretary of state a program to be known as the "address

confidentiality program" to protect victims of domestic violence,

victims of human trafficking, victims of kidnapping, victims of a sexual

offense, victims of stalking, and reproductive health care services

providers, employees, volunteers, patients, or immediate family members

of reproductive health care services providers by authorizing the use of

designated addresses for such victims and their minor children. The

program shall be administered by the secretary of state.

1. Definitions. For the purposes of this section the following words

shall, unless the context requires otherwise, have the following

meanings:

(a) "Victim of domestic violence" shall have the same meaning as is

ascribed to such term by section four hundred fifty-nine-a of the social

services law.

(b) "Actual address" means the residential street address, school

address or work address of an individual, as specified on his or her

application to be a program participant under this section.

(c) "Program participant" means a person certified as a program

participant under this section.

(d) "Mail" means first class letters delivered via the United States

Postal Service, including priority, express and certified mail, and

excluding packages, parcels, periodicals and catalogues, unless they are

clearly identifiable as pharmaceuticals or clearly indicate that they

are sent by a government agency.

(e) "Substitute address" means the secretary's designated address for

the address confidentiality program.

(f) "Secretary" means the secretary of state.

(g) "Public record" means any information kept, held, filed, produced

or reproduced by, with or for an agency, in any physical form whatsoever

including, but not limited to, reports, statements, examinations,

memoranda, opinions, folders, files, books, manuals, pamphlets, forms,

papers, designs, drawings, maps, photos, letters, microfilms, computer

tapes or discs, rules, regulations or codes.

(h) "Process" means judicial process and all orders, demands, notices

or other papers required or permitted by law to be served on a program

participant.

(i) "Victim of a sexual offense" means a victim of any act

constituting an offense as defined under article one hundred thirty,

and/or sections 255.25, 255.26, and 255.27 of the penal law, including

threats or attempts to commit such offenses.

(j) "Victim of stalking" means a victim of any act constituting an

offense as defined under sections 120.45, 120.50, 120.55 and 120.60 of

the penal law.

(k) "Victim of human trafficking" means a victim of any act

constituting an offense as defined under section 135.35, 135.37, 230.34,

or 230.34-a of the penal law.

* (l) "Reproductive health care services provider, employee,

volunteer, or patient" means a person who obtains, provides, or assists,

at the request of another person, in obtaining or providing reproductive

health care services, or a person who owns or operates a reproductive

health care services facility.

* NB There are 2 par (l)'s

* (l) "Victim of kidnapping" means a victim of any act constituting an

offense as defined under sections 135.20 and 135.25 of the penal law.

* NB There are 2 par (l)'s

(m) "Reproductive health care services facility" includes a hospital,

an office operated by a licensed physician and surgeon, a licensed

clinic, or other licensed health care facility that provides

reproductive health care services and includes only the building or

structure in which the reproductive health care services are actually

provided.

(n) "Immediate family member" shall have the same meaning as defined

in subdivision eight of section two hundred thirty-eight of the public

health law.

2. Address confidentiality program; application; certification. (a) An

adult person, a parent or legal guardian acting on behalf of a minor, or

a legal guardian acting on behalf of an incapacitated person, may apply

to the secretary to have an address designated by the secretary to serve

as the person's address or address of the minor or incapacitated person

in lieu of the person's actual address. The secretary shall approve an

application if it is filed in the manner and on the form prescribed by

the secretary, and if it includes:

(i) a signed written statement affirmed by the applicant that:

(A) the applicant, or the minor or incapacitated person on whose

behalf the application is made, is a victim of domestic violence, victim

of human trafficking, victim of kidnapping, victim of a sexual offense,

victim of stalking, or a reproductive health care services provider,

employee, volunteer, patient, or an immediate family member of a

reproductive health care services provider;

(B) the applicant, or the minor or incapacitated person on whose

behalf the application is made, has left his or her residence because of

such violence or acts, provided, however, this clause shall not apply if

the applicant is a reproductive health care services provider, employee,

volunteer, patient, or an immediate family member of a reproductive

health care services provider;

(C) the applicant fears for his or her safety or his or her children's

safety, or the safety of the minor or incapacitated person on whose

behalf the application is made, or, in the case of a reproductive health

care services provider, employee, volunteer, or patient, the applicant

fears for his or her safety or the safety of an immediate family member;

and

(D) the parent or legal guardian applying on behalf of a minor or

incapacitated person has legal authority to act on the person's behalf;

(ii) a designation of the secretary as agent for purposes of service

of process and for the purpose of receipt of mail;

(iii) the mailing address where the applicant can be contacted by the

secretary and the telephone number or numbers where the applicant can be

called by the secretary;

(iv) the actual address or addresses that the applicant requests not

be disclosed because of the increased risk of domestic violence, a

sexual offense, stalking, physical injury or in the case of reproductive

health care services provider, employee, volunteer, patient, or an

immediate family member of a reproductive health care services provider,

other threats of violence; and

(v) the name of any person who resides with the applicant who also

needs to be a program participant in order to ensure the safety of the

applicant and, if the person named in the application is eighteen years

of age or older, the consent of such person to be a program participant

and designation by such person of the secretary as agent for purposes of

service of process and for the purpose of receipt of mail; and

(vi) the signature of the applicant and the name and signature of any

individual or representative of any office designated by the secretary

under subdivision three of this section who assisted in the preparation

of the application, and the date on which the applicant signed the

application.

(b) The secretary shall establish, distribute and make available a

form for the purpose of making applications pursuant to this section.

(c) Applications shall be filed with the office of the secretary.

(d) Upon receipt of a properly completed application, the secretary

shall certify the applicant as a program participant and shall serve as

the participant's agent for service of process and receipt of mail for

the duration of the term of certification.

(e) Participants shall be certified for four years following the date

of filing, unless the certification is withdrawn or cancelled before

that date. The secretary shall promulgate rules and regulations for

renewal of applications pursuant to this section.

3. Designation of agencies to assist applicants. The secretary shall

designate state, local or nonprofit agencies that provide counseling,

referral, shelter or other specialized services to victims of domestic

violence, victims of human trafficking, victims of kidnapping, victims

of a sexual offense, victims of stalking, and reproductive health care

services providers, employees, volunteers, patients, or immediate family

members of reproductive health care services providers to assist persons

applying to be program participants. Such persons providing assistance

shall be trained by the secretary. Any assistance and counseling

rendered by an officer of the secretary or his or her designees to

applicants shall in no way be construed as legal advice.

4. Use and acceptance of substitute address; mail forwarding. (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

upon demonstration by a program participant of his or her certification

in the program, unless the secretary waives this requirement after

determining that:

(i) the agency has a bona fide statutory or administrative requirement

for the use of the participant's actual address which would otherwise be

confidential under this section; and

(ii) 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.

(b) 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:

(i) 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, provided that each waiver

specifically authorizes such communication with the specified agency; or

(ii) if directed by a court order to a person identified in the order.

(c) Upon receipt by the secretary of a process or mail for a

participant, the office of the secretary shall immediately forward all

such process or mail to the appropriate program participants at the

address specified by the participant for that purpose, and shall record

the date of such forwarding. Service of process on a program

participant, a program participant's minor child, incapacitated person

or other adult member of the program participant's household shall be

complete when the secretary receives such process by mail or otherwise.

(d) A program participant may use the substitute address as his or her

work address.

(e) The secretary or any member of the department of state who

reasonably and in good faith handles any process or mail on behalf of a

participant in accordance with this section shall be immune from any

civil liability which might otherwise result by reason of such actions.

5. Cancellation of certification. (a) The secretary may cancel a

program participant's certification if, after the passage of fourteen

days:

(i) from the date of changing his or her name, the program participant

does not notify the secretary that he or she has obtained a name change;

however, the program participant may reapply under his or her new name;

(ii) from the date of changing his or her actual address, the program

participant fails to notify the secretary of the change of such address;

or

(iii) from the date the secretary first receives mail, forwarded to

the program participant's address, returned as non-deliverable.

(b) The secretary shall cancel certification of a program participant

who applies using false information.

(c) The secretary shall cancel certification of a program participant

if the participant's certification term has expired and certification

renewal has not been completed.

(d) The secretary shall send notice of cancellation to the program

participant. Notice of cancellation shall set out the reasons for

cancellation. The program participant shall have thirty days to appeal

the cancellation decision under procedures developed by the secretary.

(e) Program participants may withdraw from the program by giving the

secretary written notice of their withdrawal and his or her current

identification card. The secretary shall establish, by rule, a secure

procedure for ensuring that the request for withdrawal is legitimate.

(f) Any records or documents pertaining to a program participant shall

not be a public record and shall be retained and held confidential for a

period of three years after termination of certification and then

destroyed.

6. Disclosure of participant information prohibited; exceptions. (a)

The secretary shall not make a program participant's information, other

than the substitute address, available for inspection or copying, except

under any of the following circumstances:

(i) if requested by a law enforcement agency for a legitimate law

enforcement purpose as determined by the law enforcement agency; or

(ii) to a person identified in a court order, upon the secretary's

receipt of that court order which specifically orders the disclosure of

a particular program participant's address and the reasons stated

therefor.

(b) The secretary may verify the participation of a specific program

participant, in which case the secretary may only confirm information

supplied by the requester.

7. Rules and regulations. The secretary shall promulgate rules and

regulations necessary to implement the provisions of this section.

8. Report to the legislature. The secretary shall submit to the

legislature, no later than February first of each year, a report that

includes for each county, the total number of applications received, the

total number of persons participating in the program established by this

section during the previous calendar year and the total number of pieces

of mail forwarded to program participants during the previous calendar

year.