SCS/SBs 372 & 366 - This act creates in the Secretary of State's Office the "Address Confidentiality Program" for victims of domestic violence, rape, sexual assault, and stalking. The program authorizes the use of designated addresses for such victims and their minor children. The Secretary of State shall promulgate rules to implement and administer this program. An adult, parent of a minor, or guardian of an incapacitated person may apply to the Secretary of State to have a designated address assigned. The Secretary may only approve applications filed properly with the office as established by rule. The application shall contain certain information, including the person's mailing address, the applicant's signature, and a designation of the Secretary as agent for the purpose of service of process and receipt of first-class mail, legal documents, and certified mail. The applicant must supply a sworn statement that he or she is a victim of violence and fears further violent acts from his or her assailant. The applicant must also supply addresses that he or she does not want disclosed because it will jeopardize the applicant's safety.
Upon receiving a properly completed application, the Secretary may certify the applicant as a program participant for four years and forward his or her first-class mail, legal documents, and certified mail. Notification of lapsing certification and a reapplication form shall be sent to the program participant at least four weeks prior to expiration.
The Secretary of State may cancel, with limited exceptions, the certification of a program participant if:
1) The participant obtains a name change;
2) There is a change in the mailing address from the person listed on the application and another address is not provided; or
3) The applicant or participant provides false information or makes false claims in the application or assists another person in doing so.
State and local agencies and the courts shall accept the designated address as a program participant's address when creating new public records unless statute requires otherwise.
The Secretary may make a program participant's address or mailing address available if requested by law enforcement or the director of a state agency if he or she shows a statutory or administrative requirement for the use of such addresses. If deemed appropriate, the Secretary shall make a program participant's addresses available:
1) To a person identified in a court order when the order specifically requires the disclosure of a participant's address and the reasons for the disclosure; or
2) If the certification has been cancelled because the applicant or participant used false information in an application or made a false claim.
A program participant's application and supporting materials are not a public record and shall be kept confidential.
This act contains a sunset clause.
SUSAN HENDERSON MOORE