NY Exec L § 108 (2021)
2021 New York Laws EXC - Executive Article 6 - Department of State 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 a sexual offense and victims of stalking 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.   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 a sexual offense, or victim of stalking;  (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;  (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; 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, or physical injury; 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 a sexual offense and victims  of  stalking  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.