S1761

An Act establishing an Address Confidentiality Program for certain persons, amending various sections of the statutory law and supplementing chapter 4 of Title 47 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) This act shall be known and may be cited as the “Address Confidentiality Program for Reproductive Health Service Employees and Clients.”

2. (New section) As used in sections 1 through 5 of P.L. , c. (C. ) (pending before the Legislature as this bill):

“Address” means a residential street address, school address, or work address of a person, as specified on the person's application to be a program participant under sections 1 through 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).

“Commissioner” means the Commissioner of the Department of Children and Families.

“Department” means the Department of Children and Families.

“Person” means an employee, volunteer, or contractor with, or a client or patient of, a reproductive health service provider, or a family member of any such person.

“Program participant” means a person certified by the Commissioner of the Department of Children and Families as eligible to participate in the Address Confidentiality Program for Reproductive Health Service Employees and Clients established by sections 1 through 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).

“Reproductive health service provider” means a hospital, clinic, physician’s office, or other facility that provides reproductive health services.

“Reproductive health services” means medical, surgical, counselling, or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy.

3. (New section) a. There is created in the department a program to be known as the “Address Confidentiality Program for Reproductive Health Service Employees and Clients.” A person 18 years of age or over, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person may apply to the commissioner to have an address designated by the commissioner as the applicant's address. The commissioner shall approve an application if it is filed in the manner and on the form prescribed by the commissioner and if it contains:

(1) a sworn statement that the applicant fears for his safety because of the applicant’s status as an employee, volunteer, or contractor with, or as a client or patient of, a reproductive health service provider, or as a family member of any such person;

(2) a designation of the commissioner as agent for the purpose of receiving process and for the purpose of receipt of mail;

(3) the mailing address where the applicant can be contacted by the commissioner, and a telephone number where the applicant can be called;

(4) the new address or addresses that the applicant requests not be disclosed because of the applicant’s fear for his safety; and

(5) the signature of the applicant and any person who assisted in the preparation of the application, and the date.

b. An application shall be filed with the commissioner.

c. Upon approving a completed application, the commissioner shall certify the applicant as a program participant. An applicant shall be certified for four years following the date of filing unless the certification is withdrawn or invalidated before that date.

d. A program participant may apply to be recertified every four years thereafter.

e. A program participant may use the address designated by the commissioner as the participant’s work address.

f. Upon receipt of first class mail addressed to a program participant, the commissioner or a designee shall forward the mail to the actual address of the participant. The commissioner may arrange to receive and forward other kinds and classes of mail for any program participant at the participant's expense. The actual address of a program participant shall be available only to the commissioner and to those employees involved in the operation of the address confidentiality program and to law enforcement officers for law enforcement purposes.

g. The commissioner, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of sections 1 through 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).

4. (New section) The commissioner may cancel a program participant's certification if:

(1) the program participant obtains a name change through an order of the court;

(2) the program participant changes the participant's residential address and does not provide seven days’ advance notice to the commissioner;

(3) mail forwarded by the commissioner to the address or addresses provided by the program participant is returned as undeliverable; or

(4) any information on the application is false.

The application form shall notify each applicant of the provisions of this section.

5. (New section) A program participant may request that any State or local agency use the address designated by the commissioner as the program participant's address. The agency shall accept the address designated by the commissioner as a program participant's address, unless the agency has demonstrated to the satisfaction of the commissioner that:

(1) the agency has a bona fide statutory basis for requiring the program participant to disclose to it the actual location of the program participant; and

(2) the disclosed confidential address of the program participant will be used only for that statutory purpose and will not be disclosed or made available in any way to any other person or agency.

6. R.S.47:4-1 is amended to read as follows:

47:4-1. This act shall be known and may be cited as the "Address Confidentiality Program for Domestic Violence Victims Act."

(cf: P.L.1997, c.369, s.1)

7. R.S.47:4-2 is amended to read as follows:

47:4-2. The Legislature finds that persons attempting to escape from actual or threatened domestic violence frequently establish new addresses to prevent their assailants from finding them. The purpose of [this act] R.S. 47:4-1 et seq. is to enable public agencies to respond to requests for public records without disclosing the location of a victim of domestic violence, to enable interagency cooperation with the [Secretary of State] Commissioner of the Department of Children and Families providing address confidentiality for victims of domestic violence, and to enable public agencies to accept a program participant's use of an address designated by the [Secretary of State] commissioner as a substitute mailing address.

(cf: P.L.1997, c.369, s.1)

8. R.S.47:4-3 is amended to read as follows:

47:4-3. As used in [this act] R.S. 47:4-1 et seq.:

"Address" means a residential street address, school address, or work address of a person, as specified on the person's application to be a program participant under this act.

“Commissioner” means the Commissioner of the Department of Children and Families.

"Program participant" means a person certified by the [Secretary of State] Commissioner of the Department of Children and Families as eligible to participate in the Address Confidentiality Program established by [this act] R.S. 47:4-1 et seq.

"Department" means the Department of [State] Children and Families.

"Domestic violence" means an act defined in section 3 of P.L.1991, c.261 (C.2C:25-19), if the act has been reported to a law enforcement agency or court.

["Secretary" means the Secretary of State.]

(cf: P.L.1997, c.369, s.1)

9. R.S.47:4-4 is amended to read as follows:

47:4-4. a. There is created in the department a program to be known as the "Address Confidentiality Program for Domestic Violence Victims." A person 18 years of age or over, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person may apply to the [secretary] commissioner to have an address designated by the [secretary] commissioner as the applicant's address. The [secretary] commissioner shall approve an application if it is filed in the manner and on the form prescribed by the [secretary] commissioner and if it contains:

(1) a sworn statement by the applicant that the applicant has good reason to believe:

(a) that the applicant is a victim of domestic violence as defined in [this act] R.S. 47:4-1 et seq.; and

(b) that the applicant fears further violent acts from the applicant's assailant;

(2) a designation of the [secretary] commissioner as agent for the purpose of receiving process and for the purpose of receipt of mail;

(3) the mailing address where the applicant can be contacted by the [secretary] commissioner and a telephone number where the applicant can be called;

(4) the new address or addresses that the applicant requests not be disclosed because of the increased risk of domestic violence; and

(5) the signature of the applicant and any person who assisted in the preparation of the application, and the date.

b. An application shall be filed with the [secretary] commissioner.

c. Upon approving a completed application, the [secretary] commissioner shall certify the applicant as a program participant. An applicant shall be certified for four years following the date of filing unless the certification is withdrawn or invalidated before that date.

d. A program participant may apply to be recertified every four years thereafter.

e. A program participant may use the address designated by the [secretary] commissioner as [his or her] the participant’s work address.

f. Upon receipt of first class mail addressed to a program participant, the [secretary] commissioner or a designee shall forward the mail to the actual address of the participant. The [secretary] commissioner may arrange to receive and forward other kinds and classes of mail for any program participant at the participant's expense. The actual address of a program participant shall be available only to the [secretary] commissioner and to those employees involved in the operation of the address confidentiality program and to law enforcement officers for law enforcement purposes.

g. The [secretary] commissioner, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of [this act] R.S. 47:4-1 et seq.

(cf: P.L.1997, c.369, s.1)

10. R.S.47:4-5 is amended to read as follows:

47:4-5. The [secretary] commissioner may cancel a program participant's certification if:

(1) the program participant obtains a name change through an order of the court;

(2) the program participant changes the participant's residential address and does not provide seven days' advance notice to the [secretary] commissioner;

(3) mail forwarded by the [secretary] commissioner to the address or addresses provided by the program participant is returned as undeliverable; or

(4) any information on the application is false.

The application form shall notify each applicant of the provisions of this section.

(cf: P.L.1997, c.369, s.1)

11. R.S.47:4-6 is amended to read as follows:

47:4-6. A program participant may request that any State or local agency use the address designated by the [secretary] commissioner as the program participant's address. The agency shall accept the address designated by the [secretary] commissioner as a program participant's address, unless the agency has demonstrated to the satisfaction of the [secretary] commissioner that:

(1) the agency has a bona fide statutory basis for requiring the program participant to disclose to it the actual location of the program participant; and

(2) the disclosed confidential address of the program participant will be used only for that statutory purpose and will not be disclosed or made available in any way to any other person or agency.

(cf: P.L.1997, c.369, s.1)

12. This act shall take effect on the 90^th day following enactment.

STATEMENT

This bill would establish an “Address Confidentiality Program for Reproductive Health Service Employees and Clients.” The program would be similar to the current Address Confidentiality Program for domestic violence victims, set out in R.S.47:4-1 et seq., which allows victims of domestic violence to establish an alternate mailing address and keep their actual address confidential.

The bill would apply to any employee, volunteer, or contractor with, or a client or patient of, a reproductive health service provider, or a family member of any such person, who fears for his safety because of his status as such. The applicant would be required to provide a sworn statement to that effect. A person 18 years of age or over, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person could apply to the program.

The bill defines “reproductive health service provider” as a hospital, clinic, physician’s office, or other facility that provides reproductive health services. The term “reproductive health services” is defined in the bill as medical, surgical, counselling, or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy.

Under the bill, the program would be located in, and administered by, the Department of Children and Families, which is currently responsible for the Address Confidentiality Program for domestic violence victims.

Applications to the “Address Confidentiality Program for Reproductive Health Service Employees and Clients” would be filed with the Commissioner of the Department of Children and Families. If an application is accepted, the applicant would be certified as a program participant for a period of four years. At the end of that period, the participant could apply to be recertified for subsequent four-year periods.

The program would provide the participant with a designated address to be used as the participant’s mailing address. The program would forward the participant’s mail to the participant’s actual address, while the actual address would remain confidential and available only to employees of the program and to law enforcement. The participant could use the designated address as the participant’s work address and may request that any State or local agency use it as the participant's address. The agency would be required to accept the address as a program participant’s address, unless the agency has demonstrated to the satisfaction of the commissioner that the agency has a bona fide statutory basis for requiring the program participant to disclose to it the actual location of the program participant, and the disclosed confidential address of the program participant will be used only for that statutory purpose and will not be disclosed or made available in any way to any other person or agency.

In addition to establishing the “Address Confidentiality Program for Reproductive Health Service Employees and Clients,” the bill makes technical changes to the current statute governing the Address Confidentiality Program for domestic violence victims. P.L.1997, c.369 established that program in the Department of State. However, the program was subsequently transferred to the Department of Children and Families, and the bill conforms the statute to this current allocation. The bill also renames the current Address Confidentiality Program as the “Address Confidentiality Program for Domestic Violence Victims” in order to distinguish it from the program being created by this bill.