NY State Senate Bill 2011-S5293

Senate Bill S5293

Signed By Governor

2011-2012 Legislative Session

Establishes an address confidentiality program in the office of the secretary of state for domestic violence victims who need to maintain secrecy of their location

download bill text pdf

Archive: Last Bill Status Via A628 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 23, 2011	signed chap.502
Sep 12, 2011	delivered to governor
Jun 16, 2011	returned to assembly passed senate 3rd reading cal.1323 substituted for s5293
Jun 16, 2011	substituted by a628a ordered to third reading cal.1323 committee discharged and committed to rules
May 03, 2011	referred to finance

Votes

- Jun 16, 2011 - Floor Vote
  A628
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2011
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
  Jun 16, 2011 - Rules Committee Vote
  S5293
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2011
      
      aye (24)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Duane
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins

2011-S5293 (ACTIVE) - Details

See Assembly Version of this Bill:: A628
Law Section:: Executive Law
Laws Affected:: Add §108, Exec L
Versions Introduced in 2009-2010 Legislative Session:: A10180

2011-S5293 (ACTIVE) - Summary

Establishes an address confidentiality program in the office of the secretary of state for domestic violence victims who need to maintain confidentiality of their location; authorizes the secretary of state to accept service of process and receipt of mail on behalf of a program participant.

2011-S5293 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5293

TITLE OF BILL:
An act
to amend the executive law, in relation to authorizing the secretary of
state to accept service of process and receipt of mail on behalf of
victims of domestic violence for the purpose of maintaining the
confidentiality of the location of such victims

PURPOSE:
Directs the Secretary of State to accept service of process and mail
on behalf of victims of domestic violence wishing to keep their
location secret.

SUMMARY OF PROVISIONS:
Section One - Adds a new section 108 to the Executive Law to allow
victims of domestic violence to designate the Secretary of State as
their agent for purposes of service of process and receipt of mail.

Section Two - This act shall take effect nine months after the date it
shall have become law; provided, however that the secretary of state
is authorized and directed to promulgate articles, regulations and
forms necessary to implement the provisions of this act, on its
effective date, on or before such date.

JUSTIFICATION:

Persons attempting to escape from actual or threatened domestic
violence frequently establish new addresses in order to prevent their
abusers from finding them. A victim of domestic violence who fears
for his or her safety or the safety of his or her children and who
has left his or her home as a result of domestic violence should be
afforded the opportunity to keep their address confidential to
prevent against the threat of domestic violence to themselves and/or
their children.

Violence frequently escalates when batterers believe they are losing
control of their victims.
Statistically, the most dangerous time for survivors is during and
immediately after their separation from abusers. When victims attempt
to flee, they are at greatest risk of serious injury or death.
Domestic violence offenders routinely pursue victims to new locations
to further harass and abuse the survivor. Batterers often search
public records to obtain their victim's physical address to stalk
them. This legislation would provide victims the ability to have their
mailing address remain anonymous by providing a substitute address for
them to use in lieu of their actual address. Upon receipt by the
Secretary of State of a process or mail for a victim of domestic
violence, the Department shall immediately forward such process or
mail to me victim of domestic violence.

There are about thirty-three states that have some form of address
confidentiality program. This legislation will enable interagency
cooperation with the secretary of state in providing name and address
confidentiality for victims of domestic violence, and will enable
state and local agencies to accept a program participant's use of an
address designated by the secretary of state as a substitute mailing


address. In addition, this bill will enable state and local agencies
to respond to requests for public records without disclosing the
location of a victim of domestic violence.

The Secretary of State is authorized and directed to promulgate all
necessary rules and regulations for the implementation of this program.

LEGISLATIVE HISTORY:
Similar to:
2010:     A.10180/S.7379 - Veto 16764 '10
2009:     A.2858-A/S.3580-A - Veto 48 '09
2007-08:  A.2990 - Passed Assembly
2006:     A.11362-A - Passed Assembly
2003-04:  A.4299-A. Gov. Ops.
2001-02:  A.7737-A. Gov. Ops.
2000:     A.9864 Hochberg/S.6435-A. Gov. Ops./S. Rules

FISCAL IMPLICATIONS:
Minimal, offset by savings from reduced need to access safety net
services including police, shelter and health care systems.

EFFECTIVE DATE:
This act shall take effect nine months from the date on which it shall
have become a law.

2011-S5293 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5293

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to authorizing the secre-
  tary of state to accept service of process  and  receipt  of  mail  on
  behalf  of victims of domestic violence for the purpose of maintaining
  the confidentiality of the location of such victims

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new section 108 to
read as follows:
  S  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 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 MEAN-
INGS:
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03113-06-1

S. 5293                             2

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.
  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 MADE UNDER OATH 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;
  (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;
  (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; AND
  (V) 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 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.

S. 5293                             3

  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)  IF  REQUESTED  BY  A  LAW ENFORCEMENT AGENCY FOR A LEGITIMATE LAW
ENFORCEMENT PURPOSE AS DETERMINED BY THE LAW ENFORCEMENT 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  PARTIC-
IPANT,  THE  OFFICE  OF THE SECRETARY SHALL IMMEDIATELY FORWARD ALL SUCH
PROCESS OR MAIL TO THE APPROPRIATE PROGRAM PARTICIPANTS AT THEIR  ACTUAL
ADDRESS, AND SHALL RECORD THE DATE OF SUCH FORWARDING.
  (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 REASON-
ABLY  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.

S. 5293                             4

  (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'S ADDRESS PROHIBITED; EXCEPTIONS.  THE
SECRETARY SHALL NOT MAKE A PROGRAM PARTICIPANT'S ADDRESS, OTHER THAN THE
SUBSTITUTE ADDRESS, AVAILABLE FOR INSPECTION OR  COPYING,  EXCEPT  UNDER
ANY OF THE FOLLOWING CIRCUMSTANCES:
  (A)  IF  REQUESTED  BY  A  LAW ENFORCEMENT AGENCY FOR A LEGITIMATE LAW
ENFORCEMENT PURPOSE AS DETERMINED BY THE LAW ENFORCEMENT AGENCY; OR
  (B) 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 THERE-
FOR; OR
  (C) TO 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.
  S 2. This act shall take effect nine months after the  date  it  shall
have  become  a  law;  provided, however, that the secretary of state is
authorized and directed to promulgate all rules, regulations  and  forms
necessary  to  implement  the  provisions  of this act, on its effective
date, on or before such date.

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