(1)__The application preparation date, the applicant's signature and the signature and registration number of the application assistant who assisted the applicant in applying to be a program participant;

(2)__A designation of the secretary as agent for purposes of service of process and for receipt of first-class mail;

(3)__The mailing address where the applicant may be contacted by the secretary or a designee and the telephone number or numbers where the applicant may be called by the secretary or the secretary's designee; and

(4)__One or more addresses that the applicant requests not be disclosed for the reason that disclosure will jeopardize the applicant's safety or increase the risk of violence to the applicant or members of the applicant's household.

C.__Upon receipt of a properly completed application, the secretary may certify the applicant as a program participant.__A program participant is certified for 4 years following the date of initial certification unless the certification is withdrawn or invalidated before that date.__ The secretary shall send notification of lapsing certification and a reapplication form to a program participant at least 4 weeks prior to the expiration of the program participant's certification.

D.__The secretary shall forward first-class mail to the appropriate program participants.

E.__A person who knowingly provides false or incorrect information in an application or who knowingly falsely attests that disclosure of the applicant's address or mailing address threatens the safety of the applicant or the applicant's children or the minor or incapacitated person on whose behalf the application is made may be punished by a fine of not more than $500 or by imprisonment for not more than 6 months and by cancellation of program certification.

3.__Cancellation.__Certification for the program may be canceled if one or more of the following conditions apply:

A.__If the program participant obtains a name change, unless the program participant provides the secretary with documentation of a legal name change within 10 business days of the name change;

B.__If there is a change in the residential street address from the one listed on the application, unless the program participant provides the secretary with notice of the change in such manner as the secretary provides by rule; or

C.__A program participant knowingly provides false information pursuant to subsection 2, paragraph E.

4.__Use of designated address.__Upon demonstration of a program participant's certification in the program, state and local agencies and the courts shall accept the designated address as a program participant's address when creating a new public record unless the secretary has determined that:

A.__The agency has a bona fide statutory or administrative requirement for the use of the program participant's address or mailing address, such that it is unable to fulfill its statutory duties and obligations without the residential address; and

B.__The program participant's address or mailing address will be used only for those statutory and administrative purposes.

5.__Disclosure to law enforcement and state agencies.__If the secretary determines appropriate, the secretary may make a program participant's address or mailing address available for inspection or copying, under the following circumstances:

A.__If requested of the secretary by a law enforcement agency in the manner provided for by rule; or

B.__Upon request to the secretary by a commissioner of a state agency or the commissioner's designee in the manner provided for by rule and upon a showing of a bona fide statutory or administrative requirement for the use of the program participant's address or mailing address, such that the commissioner or the commissioner's designee is unable to fulfill statutory duties and obligations without the address or mailing address.

6.__Disclosure pursuant to court order or cancelled certification.__If the secretary determines appropriate, the secretary shall make a program participant's address and mailing address available for inspection or copying under the following circumstances:

A.__To a person identified in a court order, upon the secretary's receipt of that court order that specifically orders the disclosure of a particular program participant's address and mailing address and the reasons stated for the disclosure; or

B.__If certification has been canceled due to the provision of false or incorrect information in an application or knowingly falsely attesting that disclosure of the applicant's address or mailing address threatens the safety of the applicant or the applicant's children or the minor or incapacitated person on whose behalf the application is made, as provided for in subsection 2, paragraph E.

7.__Confidentiality.__The program participant's application and supporting materials are not a public record and must be kept confidential by the secretary.

8.__Rules.__The secretary shall adopt rules to carry out this section.__These rules are minor technical rules as defined in Title 5, chapter 375, subchapter II-A.

SUMMARY

This bill establishes the Address Confidentiality Program to be administered by the Secretary of State. The program provides state and local agencies with the ability to respond to requests for public records without disclosing the location of a victim of domestic violence, stalking or sexual assault. The program enables interagency cooperation with the Secretary of State in providing address confidentiality for victims of domestic violence, stalking or sexual assault and enables 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.