2023 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 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.