2351-S AAS 3/4/98 S5226

2351-S AAS 3/4/98 S5226.1

SHB 2351 - S COMM AMD

By Committee on Government Operations

ADOPTED 3/4/98

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 40.24.010 and 1991 c 23 s 1 are each amended to read as follows:

The legislature finds that persons attempting to escape from actual or threatened domestic violence or sexual assault frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of this chapter is to enable state and local agencies to respond to requests for public records without disclosing the location of a victim of domestic violence or sexual assault, to enable interagency cooperation with the secretary of state in providing address confidentiality for victims of domestic violence or sexual assault, and to 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.

Sec. 2. RCW 40.24.030 and 1991 c 23 s 3 are each amended to read as follows:

(1) An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, as defined in RCW 11.88.010, may apply to the secretary of state to have an address designated by the secretary of state serve as the person's address or the address of the minor or incapacitated person. The secretary of state shall approve an application if it is filed in the manner and on the form prescribed by the secretary of state and if it contains:

(a) A sworn statement by the applicant that the applicant has good reason to believe (i) that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence or sexual assault; and (ii) that 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;

(b) A designation of the secretary of state as agent for purposes of service of process and for the purpose of receipt of mail;

(c) The mailing address where the applicant can be contacted by the secretary of state, and the phone number or numbers where the applicant can be called by the secretary of state;

(d) The new address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence or sexual assault;

(e) The signature of the applicant and of any individual or representative of any office designated in writing under RCW 40.24.080 who assisted in the preparation of the application, and the date on which the applicant signed the application.

(2) Applications shall be filed with the office of the secretary of state.

(3) Upon filing a properly completed application, the secretary of state shall certify the applicant as a program participant. Applicants shall be certified for four years following the date of filing unless the certification is withdrawn or invalidated before that date. The secretary of state shall by rule establish a renewal procedure.

(4) A person who falsely attests in an application that disclosure of the applicant's address would endanger the applicant's safety or the safety of the applicant's children or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, shall be punishable under RCW 40.16.030 or other applicable statutes.

Sec. 3. RCW 40.24.070 and 1991 c 23 s 7 are each amended to read as follows:

The secretary of state may not make any records in a program participant's ((~~address, other than the address designated by the secretary of state,~~)) file available for inspection or copying, other than the address designated by the secretary of state, except under the following circumstances:

(1) If requested by a law enforcement agency, to the law enforcement agency;

(2) If directed by a court order, to a person identified in the order; ((~~and~~))

(3) If certification has been canceled; or

(4) To verify the participation of a specific program participant, in which case the secretary may only confirm information supplied by the requester.

Sec. 4. RCW 40.24.080 and 1991 c 23 s 8 are each amended to read as follows:

The secretary of state shall designate state and local agencies and nonprofit agencies that provide counseling and shelter services to either victims of domestic violence or sexual assault to assist persons applying to be program participants. Any assistance and counseling rendered by the office of the secretary of state or its designees to applicants shall in no way be construed as legal advice.

NEW SECTION. Sec. 5. RCW 40.24.900 and 1991 c 23 s 16 are each repealed."

SHB 2351 - S COMM AMD

By Committee on Government Operations

ADOPTED 3/4/98

On page 1, line 1 of the title, after "program;" strike the remainder of the title and insert "amending RCW 40.24.010, 40.24.030, 40.24.070, and 40.24.080; and repealing RCW 40.24.900."