Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-840 - Address confidentiality program › Section 434-840-005 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter:
(1) "Actual residential address" for purposes
			 of the application means the physical location where the participant resides,
			 for which the participant is requesting confidentiality.
(2) "Address confidentiality program (ACP)"
			 means the agency employee designated by the secretary of state with
			 responsibility for developing and administering the program that implements the
			 provisions of chapter 40.24 RCW.
(3) "Agency" means every elected or appointed
			 state or local public office, public officer, or official, department,
			 division, bureau, board, commission, committee, council, authority, agency,
			 institution of higher education, or other unit of the executive, legislative,
			 or judicial branch of the state; or any city, county, city and county, town,
			 special district, school district, local improvement district, or other
			 statutory unit of state or local government or any functional subdivision of
			 that agency, or any other kind of municipal, quasi-municipal, or public
			 corporation.
(4) "Applicant" means
			 an adult person, a parent or guardian acting on behalf of a minor, if the minor
			 resides with the applicant, or a guardian acting on behalf of an incapacitated
			 person as defined in
			 RCW
			  11.88.010.
(5) "Application assistant" means an employee
			 of a state or local agency, or of a nonprofit program that provides advocacy,
			 counseling, referral, or shelter services to victims of sexual assault,
			 domestic violence, trafficking, or stalking who has been designated by the
			 respective agency, and has been accepted by the secretary of state to assist
			 individuals with threat assessment, safety planning, and the completion and
			 submission of the ACP application.
(6) "Authorization card" means the official
			 card issued by the secretary of state to a participant, which must state the
			 participant's name, date of birth, substitute address, certification expiration
			 date, and signature line for the program participant.
(7) "Authorized personnel" means an employee
			 of a county auditor's office, a county recording office, the Washington state
			 department of health, or the office of the secretary of state who has been
			 designated by the chief executive officer of the respective agency, to process
			 and have access to voter application, voting records, marriage applications and
			 records pertaining to program participants.
(8) "Bona fide statutory or administrative
			 requirement" means that without possession of an individual's actual
			 residential address the agency is incapable of fulfilling its statutory duties
			 and obligations.
(9)
			 "Certification" means that the secretary of state has determined that the
			 application has been properly completed and meets the requirements for entering
			 into or continuing in the program.
(10) "Change of identity" means that the
			 program participant has changed the participant's name and Social Security
			 number in an attempt to sever all connections to a previous name.
(11) "Criminal justice participant" means a
			 criminal justice employee as defined in
			 RCW
			  9A.46.020 who is a target for threats or
			 harassment prohibited under
			 RCW
			  9A.46.020(2)(b)(iii) or
			 (iv), and any family members residing with
			 them.
(12) "Domestic violence"
			 means an act as defined in
			 RCW
			  10.99.020, including a threat of such acts,
			 committed against an individual in a domestic situation, regardless of whether
			 these acts of threats have been reported to law enforcement officers.
(13) "Mail" means first class letters and
			 flats delivered via the United States Postal Service, including priority,
			 express, certified, and registered mail, and excluding packages, parcels,
			 periodicals, and catalogues, unless they are clearly identifiable as
			 pharmaceuticals or clearly indicate they are sent by a government
			 agency.
(14) "Mailing address"
			 means the residential street address to which the secretary of state will
			 forward a participant's mail or the alternative mailing address provided by the
			 participant.
(15) "Minor child"
			 means an individual who has not attained the age of 18, residing with or under
			 the guardianship of an adult applicant or program participant.
(16) "Participant mail box (PMB)" means the
			 specific identifier assigned by the secretary of state to a program participant
			 for use in sorting mail and confirming program participation in accordance with
			 subsection (10) of this section.
(17) "Program participant" means an
			 individual accepted as certified for the program under
			 RCW
			  40.24.030.
(18) "Protected records marriage" means a
			 program participant who has applied for and qualified for protected marriage
			 records, as provided under WAC
			 434-840-200
			 and
			 434-840-310.
(19) "Protected records voter" means a
			 program participant who has applied and qualified for confidential voter
			 registration, as provided under
			 RCW
			  40.24.060, WAC
			 434-840-100,
			 and
			 434-840-310.
(20) "Public record" means any paper,
			 correspondence, completed form, bound record book, photograph, film, sound
			 recording, map drawing, machine-readable material, compact disc meeting current
			 industry ISO specifications, or other document, regardless of physical form or
			 characteristics, and including such copies thereof, that have been made by or
			 received by any state or local governmental agency of the state of Washington
			 in connection with the transaction of public business, and legislative records
			 as described in
			 RCW
			  40.14.100.
(21) "Sexual assault" means an act as defined
			 in
			 RCW
			  70.125.030 and includes an attempt to commit
			 such acts against an individual, regardless of whether these acts, attempts, or
			 threats have been reported to law enforcement officers.
(22) "Stalking" means an act as defined in
			 RCW
			  9A.46.110 and includes threats of such acts
			 committed against an individual, regardless of whether these acts or threats
			 have been reported to law enforcement officers.
(23) "Substitute address" means an address
			 designated by the secretary, including the identification number that is used
			 by a participant to receive mail, instead of providing their actual residence
			 address.
(24) "Trafficking" means
			 an act as defined in
			 RCW
			  9A.40.100 or an act recognized as a severe
			 form of trafficking under
			 22
			 U.S.C. Sec. 7102(8) as it
			 existed on June 12, 2008, or such subsequent date as may be provided by the
			 secretary of state by rule, consistent with the purposes of this subsection,
			 regardless of whether the act has been reported to law enforcement.
Statutory Authority:
				  RCW
				   40.24.090. 08-23-094, § 434-840-005,
				  filed 11/19/08, effective 12/20/08; 05-13-059, § 434-840-005, filed
				  6/9/05, effective 7/10/05. Statutory Authority: RCW  29A.04.610. 04-15-089,
				  § 434-840-005, filed 7/16/04, effective 8/16/04. Statutory Authority:
				  RCW
				   40.24.090. 98-19-063, § 434-840-005,
				  filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. 91-20-074,
				  § 434-840-005, filed 9/26/91, effective
				  10/27/91.