DOS-07-13-00002-EP Address Confidentiality Program
2/13/13 N.Y. St. Reg. DOS-07-13-00002-EP
NEW YORK STATE REGISTER
VOLUME XXXV, ISSUE 07
February 13, 2013
RULE MAKING ACTIVITIES
DEPARTMENT OF STATE
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. DOS-07-13-00002-EP
Filing No. 78
Filing Date. Jan. 23, 2013
Effective Date. Jan. 23, 2013
Address Confidentiality Program
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
Addition of Part 134 to Title 19 NYCRR.
Statutory authority:
Executive Law, section 108
Finding of necessity for emergency rule:
Preservation of public safety and general welfare.
Specific reasons underlying the finding of necessity:
This emergency rule is necessary to further implement the Address Confidentiality Program required by Executive Law § 108.
Subject:
Address Confidentiality Program.
Purpose:
To implement the Address Confidentiality Program required by Executive Law Section 108.
Substance of emergency/proposed rule (Full text is posted at the following State website:www.dos.ny.gov):
The new 19 NYCRR part 134 sets forth the practices and procedures of the Secretary of State relative to Executive Law section 108, Address Confidentiality Program (“ACP”). The proposed regulations would implement the ACP statute by defining key terms and establishing rules for applications, cancellation appeals, certification and training of application assistants, handling of confidential information and waiver requests by state and local agencies, agency release of participant information and acceptance of service of process by the Secretary of State.
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire April 22, 2013.
Text of rule and any required statements and analyses may be obtained from:
Gary M. Trechel, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 473-2278, email: gary.trechel@dos.ny.gov
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
This action was not under consideration at the time this agency's regulatory agenda was submitted.
Regulatory Impact Statement
1. Statutory authority:
Executive Law § 108 (L. 2011, ch. 502, as amended by S.7638, L. 2012, ch. 491) requires the Department of State to establish an “Address Confidentiality Program” (“ACP”) and directs the Secretary of State to promulgate rules and regulations to implement the program consistent with the statute.
2. Legislative objectives:
The Legislature enacted legislation to establish the ACP in order to provide additional protections for victims of domestic violence. As required by Executive Law § 108, the ACP will provide a substitute address for victims of domestic violence, and their household members, who have left their homes due to safety concerns, with the ACP receiving mail for and forwarding it to program participants. The legislation requires state and local government agencies to accept the ACP substitute address (private entities may, but are not required to do so), and allows the Secretary of State to grant waivers to agencies under narrowly defined circumstances set forth in the statute. The legislative sponsors have indicated that they view the statute as authorizing waivers in only very limited circumstances in order to reduce the likelihood that a program participant’s actual address would be disclosed.
The proposed regulations would implement the ACP statute by defining key terms and establishing rules for applications, cancellation appeals, certification and training of application assistants, handling of waiver requests by state and local agencies, releasing participant information and accepting of service of process by the Secretary of State.
3. Needs and benefits:
These proposed/emergency regulations implement Executive Law § 108.
4. Costs:
These proposed/emergency regulations do not impose any additional costs beyond the requirements of Executive Law § 108. The costs to comply with Executive Law § 108 will be minimal, and will fall primarily on state agencies.
5. Local government mandates:
Executive Law § 108 requires all local government agencies to accept the ACP substitute address unless they have received waivers from the Secretary of State that would allow them to confidentially maintain actual address information for program participants. These proposed/emergency regulations implement this statute, including defining a process for requesting waivers, but do not impose additional requirements.
6. Paperwork:
These proposed/emergency regulations do not impose any reporting requirements.
7. Duplication:
These proposed/emergency regulations do not duplicate any existing requirements of the state and federal governments.
8. Alternatives:
No significant alternatives were considered because the statute requires promulgation of rules and regulations.
9. Federal standards:
The federal government does not have any minimum standards for this or similar programs.
10. Compliance schedule:
State and local government agencies are required to accept an ACP substitute address only when ACP participants personally request that they do so. The ACP began accepting participant applications upon the approval of S.7638 of 2012 (L. 2012, ch. 491, amending Executive Law § 108).
Regulatory Flexibility Analysis
1. Effect of rule:
Executive Law § 108 requires all state and local government agencies to accept the Address Confidentiality Program (“ACP”) substitute address provided to participating domestic violence victims and household members. This new 19 NYCRR Part 134 will further implement this statutorily-required program.
2. Compliance requirements:
Local governments, including those in rural areas, are required to accept the ACP substitute address unless they have received waivers from the Secretary of State. Acceptance of the substitute address may require modest changes to some recordkeeping processes, the extent of which will vary depending on the nature of the implicated government agency records. Government agencies that opt to seek waivers to confidentially maintain actual address information for ACP participants will be required to prepare and submit applications to the Secretary of State.
3. Professional services:
Compliance with 19 NYCRR Part 134 is not expected to require any local government to seek outside services.
4. Compliance costs:
These proposed/emergency regulations do not impose any additional costs beyond the requirements of Executive Law § 108. The costs to comply with Executive Law § 108 will be minimal, and will fall primarily on state agencies.
5. Economic and technological feasibility:
Compliance with Executive Law § 108 and 19 NYCRR Part 134 is expected to be economically and technologically feasible for all local governments.
6. Minimizing adverse impact:
Executive Law § 108 applies to all local governments in the state, and this new 19 NYCRR Part 134 will implement this statute. Any adverse impacts of this statutory program on local governments are statutorily required and cannot be minimized.
7. Small business and local government participation:
Local governments are invited to comment during the formal rulemaking process initiated by this Notice of Emergency Adoption and Proposed Rule Making.
Rural Area Flexibility Analysis
1. Types and estimated numbers of rural areas:
Executive Law § 108 requires all state and local government agencies to accept the Address Confidentiality Program (“ACP”) substitute address provided to participating domestic violence victims and household members. This statutory requirement, to be implemented further by this new 19 NYCRR Part 134, will apply to local governments in all rural areas of the state.
2. Reporting, recordkeeping and other compliance requirements; and professional services:
Local governments, including those in rural areas, are required to accept the ACP substitute address unless they have received waivers from the Secretary of State. Acceptance of the substitute address may require modest changes to some record-keeping processes, the extent of which will vary depending on the nature of the implicated government agency records. Government agencies that opt to seek waivers to confidentially maintain actual address information for ACP participants will be required to prepare and submit applications to the Secretary of State. These functions are not expected to require any local governments to seek outside services.
3. Costs:
These proposed/emergency regulations do not impose any additional costs beyond the requirements of Executive Law § 108. The costs to comply with Executive Law § 108 will be minimal, and will fall primarily on state agencies.
4. Minimizing adverse impact:
Executive Law § 108 applies to all local governments in the state, including those in rural areas, and this new 19 NYCRR Part 134 will implement this statute. Any adverse impacts of this statutory program on local governments will not be confined to rural areas and cannot be minimized.
5. Rural area participation:
Local governments in rural areas are invited to comment during the formal rulemaking process initiated by this Notice of Emergency Adoption and Proposed Rule Making.
Job Impact Statement
1. Nature of Impact:
The addition of this new Part 134 further implements Executive Law § 108, which requires all state and local government agencies, including those in rural areas, to accept the Address Confidentiality Program (ACP) substitute address provided to participating domestic violence victims and household members unless such agencies have received waivers from the Secretary of State.
2. Categories and numbers affected:
The promulgation of this new Part 134 is not anticipated to have any long-term effects on the number of current jobs or future employment opportunities throughout New York State.
3. Regions of adverse impact:
The proposed/emergency Part 134 is a statewide regulation. This regulation is not expected to impose adverse economic impact, reporting, recordkeeping or other compliance requirements on small businesses in rural or urban areas nor on employment opportunities. It does not impact any region or area of the state disproportionately in terms of jobs or employment opportunities.
4. Minimizing adverse impacts:
The Department does not expect any adverse impacts on jobs in New York State based on the addition of Part 134. This is a statewide regulation. The requirements are the same for all participants, and will not impact job opportunities in the State.
