1511 HCA SG SCG
HB 1511 -H COMM AMD LOST 2-22-91
ByCommittee on State Government
On page 1, after line 6, strike all material through page 10, line 27, and insert the following:
"NEW SECTION. Sec. 1. INTENT. The legislature finds that persons attempting to escape from actual or threatened domestic violence frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of this chapter is to aid such persons by enabling them to participate in a state program under which they may use the office of the secretary of state as their address."
"NEW SECTION. Sec. 2. DEFINITIONS. "Domestic violence" has the definition provided under RCW 10.99.020, except that for purposes of this chapter, a minor shall also be considered as a family or household member. "Protected address" includes the residential, work, or school addresses that are included in an approved application under this chapter and for which the applicant requests confidentiality."
"NEW SECTION. Sec. 3. APPLICATION. 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 the office of 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:
(1) A sworn statement by the applicant that the applicant has good reason to believe (a) that the applicant, or the minor or incapacitated person on whose behalf the application is made, is under serious threat of becoming a victim of domestic violence; (b) that the use of the secretary of state's office as an address and the restrictions on disclosure provided under this chapter would reduce the risk of such victimization; and (c) that the address or addresses designated in subsection (4) of this section have been established, or will be established, at least in part to avoid detection and victimization;
(2) A designation of the secretary of state as agent for purposes of service of process and for the purpose of receipt of all mail, notices, and other written communications;
(3) 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;
(4) The residential, work, or school address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence;
(5) The signature of the applicant and of any individual or representative of any office designated in writing under section 7 of this act who assisted in the preparation of the application."
"NEW SECTION. Sec. 4. APPROVAL OF APPLICATION BY SECRETARY OF STATE--ISSUANCE OF CERTIFICATE--DURATION. (1) Upon approval of an application filed under section 3 of this act, the secretary of state shall issue a certificate to the applicant recognizing the applicant's permission to use the office of the secretary of state as the applicant's address, or as the address of any other person for whom the application was filed. The certificate shall contain the name of the person issued the certificate; the name of the person with the protected address; a statement that the office of the secretary of state is the official address of the person with the protected address; and a listing of the secretary of state's office address to be used.
(2) A certificate is effective for a period of one year following its issuance, except under the following circumstances:
(a) The certificate will become ineffective if, and as of the time that, the person for whom the certificate is granted obtains a change of name; and
(b) A change in address listed on the application will render the certificate ineffective, unless the certificate holder provides the secretary of state with seven days' advance notice of the change of address.
(3) The secretary of state may cancel the certificate if mail forwarded by the secretary to that address is returned as nondeliverable.
(4) A certificate obtained though false information is void.
(4) This section does not apply to a voter's address provided to the county auditor for purposes of registering to vote or for any voting purpose."
"NEW SECTION. Sec. 5. ADOPTION OF RULES--USE OF SECRETARY OF STATE'S ADDRESS. The secretary of state shall adopt rules permitting a current certificate holder, or person for whom a current certificate is obtained, to use the secretary of state's address in lieu of the protected address. This permission extends to all communications and transactions, except for those communications and transactions relating to voting. The secretary of state shall forward all mail or other materials sent to the secretary of state for a person with a protected address to the mailing address provided in the approved application. The secretary of state may send such mail or materials by United States postal service, or other alternative methods approved by the secretary of state."
"NEW SECTION. Sec. 6. DISCLOSURE RESTRICTIONS. The secretary of state may not make a protected address available for inspection or copying, except under the following circumstances: (1) When requested by a law enforcement agency, to the law enforcement agency; and (2) when directed by court order, to a person identified in the order."
"NEW SECTION. Sec. 7. CHAPTER ADMINISTERED BY SECRETARY OF STATE--ASSISTANCE TO APPLICANTS. (1) The secretary of state shall administer this chapter and adopt rules for its effective administration.
(2) Through interlocal or other agreements, the secretary of state may designate and authorize state and local agencies and nonprofit entities which provide counseling and shelter services to victims of domestic violence to assist applicants for a certificate under this chapter. 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.
(3) The secretary of state shall serve as the agent for service of process on each person with a current protected address."
"NEW SECTION. Sec. 8. CAPTIONS NOT LAW. Section captions as used in this chapter do not constitute any part of the law."
"NEW SECTION. Sec. 9. A new section is added to chapter 29.36 RCW to read as follows:
(1) The county auditor shall place on ongoing absentee status any voter with a protected address, as defined under section 2 of this act, who submits to the county auditor a copy of the certificate issued under section 3 of this act and requests the county auditor to place the voter on such status.
(2) The county auditor may not disclose a protected address of a voter placed on ongoing absentee status under subsection (1) of this section, except under the following circumstances: (a) When requested by a law enforcement agency, to the law enforcement agency; and (b) when directed by court order, to a person identified in the order.
(3) A voter placed on ongoing absentee status under this section shall remain on such status for as long as the voter's address is a protected address. Such voter shall be subject to the same restrictions as other voters placed on such status, except that termination of the status shall not occur on January 1st of each odd-numbered year."
Renumber the remaining sections consecutively and correct any internal references accordingly.
HB 1511 -H COMM AMD LOST 2-22-91
ByCommittee on State Government
On page 16, line 6, after "through" strike "14" and insert "8"
On page 16, at the beginning of line 8, strike "14" and insert "8"
On page 16, line 9, after "Sections" strike "17 and 18" and insert "10 and 11"
HB 1511 -H COMM AMD LOST 2-22-91
ByCommittee on State Government
On page 1, line 2 of the title, after "agencies;" strike the remainder of the title and insert "amending RCW 42.17.310 and 42.17.311; adding a new section to chapter 29.36 RCW; adding a new section to chapter 42.17 RCW; adding a new chapter to Title 40 RCW; and declaring an emergency."