SENATE BILL No. 70

 

 

January 29, 2019, Introduced by Senators JOHNSON, HOLLIER, IRWIN, CHANG, WOJNO, THEIS, POLEHANKI, MCMORROW, MOSS, BAYER and DALEY and referred to the Committee on Judiciary and Public Safety.

 

 

 

     A bill to create the address confidentiality program; to

 

provide certain protections for victims of domestic violence,

 

sexual assault, stalking, or human trafficking; to prescribe duties

 

and responsibilities of certain state departments; to require the

 

promulgation of rules; to create a fund; to prohibit the disclosure

 

of certain information and obtaining a certification under this act

 

by fraud; and to prescribe penalties.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"address confidentiality program act".

 


     Sec. 3. As used in this act:

 

     (a) "Application assistant" means an employee or volunteer at

 

an agency or organization that serves victims of domestic violence,

 

stalking, human trafficking, or sexual assault who has received

 

training and certification from the department of the attorney

 

general to help individuals complete applications to become program

 

participants.

 

     (b) "Confidential address" means the address of a program

 

participant's residence, as specified on an application to be a

 

program participant or on a notice of change of information as

 

provided under section 5 that is classified confidential by the

 

department of the attorney general.

 

     (c) "Designated address" means the mailing address at which

 

the department of technology, management, and budget receives mail

 

to forward to program participants.

 

     (d) "Domestic violence" means a violation of section 81 of the

 

Michigan penal code, 1931 PA 328, MCL 750.81.

 

     (e) "Governmental entity" means this state, a local unit of

 

government, or any department, agency, board, commission, or other

 

instrumentality of this state or a local unit of government.

 

     (f) "Guardian of a ward" means a person who has qualified as a

 

guardian of a legally incapacitated individual under a court

 

appointment.

 

     (g) "Human trafficking" means a violation of chapter LXVIIA of

 

the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h.

 

     (h) "Law enforcement agency" means that term as defined in

 

section 2 of the Michigan commission on law enforcement standards


act, 1965 PA 203, MCL 28.602.

 

     (i) "Local unit of government" means a city, village,

 

township, or county in this state.

 

     (j) "Municipally owned utility" means electric, gas, or water

 

services provided by a municipality.

 

     (k) "Program" means the address confidentiality program

 

created under this act.

 

     (l) "Program participant" means an individual who is certified

 

by the department of the attorney general as a program participant

 

under section 5.

 

     (m) "Sexual assault" means a violation, attempted violation,

 

or solicitation or conspiracy to commit a violation of section

 

520b, 520c, 520d, 520e, 520f, or 520g of the Michigan penal code,

 

1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, 750.520f,

 

and 750.520g.

 

     (n) "Stalking" means that term as defined in section 411h or

 

411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and

 

750.411i.

 

     (o) "Victim" means an individual who suffers direct or

 

threatened physical, financial, or emotional harm as the result of

 

a commission of a crime.

 

     (p) "Victim advocate" means an employee of the department of

 

the attorney general, the department of state, or the department of

 

technology, management, and budget who has received training and

 

certification from the department of the attorney general to help

 

individuals complete applications to become program participants,

 

and who is available to help individuals complete the applications


and is responsible for assisting program participants in navigating

 

through and accessing all aspects of the program.

 

     (q) "Ward" means that term as defined in section 1108 of the

 

estates and protected individuals code, 1998 PA 386, MCL 700.1108.

 

     Sec. 5. (1) The address confidentiality program is created in

 

the department of the attorney general.

 

     (2) Except for an individual described in subsection (11),

 

beginning 180 days after the effective date of this act, the

 

following individuals are eligible to apply to the program and may

 

submit an application, with the assistance of an application

 

assistant or a victim advocate, for certification as a program

 

participant by the department of the attorney general:

 

     (a) If changing his or her residence, an individual who is 18

 

years of age or older.

 

     (b) If changing the residence of a minor, the parent with

 

legal custody or the guardian of the minor.

 

     (c) If the residence of a ward is changing, the guardian of

 

that ward if the guardian is granted the power to apply by a court

 

under section 5306 of the estates and protected individuals code,

 

1998 PA 386, MCL 700.5306.

 

     (3) The application under subsection (2) must be filed with

 

the department of the attorney general in the manner and form

 

prescribed by the department of the attorney general and must

 

contain the following:

 

     (a) A notarized statement that meets 1 of the following

 

requirements:

 

     (i) If the applicant is an individual 18 years of age or


older, a statement by that individual that disclosure of the

 

address provided under subdivision (d) will increase the risk that

 

he or she will be threatened or physically harmed by another person

 

or that the individual is a victim of domestic violence, stalking,

 

human trafficking, or sexual assault.

 

     (ii) If the applicant is the parent with legal custody or the

 

guardian of a minor, a statement by that parent or guardian that

 

disclosure of the address provided under subdivision (d) will

 

increase the risk that the minor will be threatened or physically

 

harmed by another person or that the parent or guardian, or the

 

minor, is a victim of domestic violence, stalking, human

 

trafficking, or sexual assault.

 

     (iii) If the applicant is the guardian of a ward as provided

 

under subsection (2)(c), a statement by that guardian that the

 

disclosure of the address provided under subdivision (d) will

 

increase the risk that the ward will be threatened or physically

 

harmed by another person or that the ward is a victim of domestic

 

violence, stalking, human trafficking, or sexual assault.

 

     (b) A knowing and voluntary designation of the department of

 

technology, management, and budget as the agent for the purposes of

 

receiving mail and service of process.

 

     (c) The mailing address, telephone number, and electronic mail

 

address, if applicable, at which the department of the attorney

 

general, the department of state, or the department of technology,

 

management, and budget, may contact the individual, minor, or ward.

 

     (d) The address of residence that the applicant requests not

 

be disclosed.


     (e) The signature of the applicant, the name and signature of

 

any application assistant or victim advocate who assisted the

 

applicant, and the date the application was signed.

 

     (4) Beginning 180 days after the effective date of this act,

 

the department of the attorney general shall do all of the

 

following after an individual, the parent or guardian of a minor,

 

or a guardian of a ward files a completed application:

 

     (a) Except as provided in subsection (5), certify the

 

individual, minor, or ward as a program participant.

 

     (b) Issue the program participant a unique identification

 

number and a participation card.

 

     (c) Classify each eligible address listed in the application

 

as a confidential address.

 

     (d) Provide the program participant with information

 

concerning the manner in which the program participant may use the

 

department of technology, management, and budget as the agent of

 

the program participant for the purposes of receiving mail and

 

service of process.

 

     (e) If the program participant is eligible to vote, provide

 

the program participant with information concerning the process to

 

register to vote and to vote as a program participant under the

 

Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.

 

     (f) Provide the program participant with information

 

concerning the procedure from which the program participant will

 

receive a corrected operator's or chauffeur's license under section

 

310f of the Michigan vehicle code, 1949 PA 300, MCL 257.310f, a

 

corrected enhanced driver license or enhanced official state


personal identification card under section 4 of the enhanced driver

 

license and enhanced official state personal identification card

 

act, 2008 PA 23, MCL 28.304, or a corrected official state personal

 

identification card under section 2a of 1972 PA 222, MCL 28.292a.

 

     (5) An individual, minor, or ward must not be certified as a

 

program participant if the department of the attorney general knows

 

the confidential address provided in the application as described

 

in subsection (3)(d) is not a new address for that individual,

 

minor, or ward.

 

     (6) A program participant shall update information provided in

 

an application within 30 days after a change to that information

 

has occurred by submitting a notice of change of information to the

 

department of the attorney general on a form prescribed by the

 

department of the attorney general.

 

     (7) Unless the certification is canceled under section 9, the

 

certification of a program participant is valid for 4 years from

 

the date listed on the application under subsection (3) or on the

 

renewal application under subsection (9).

 

     (8) The department of the attorney general may, with proper

 

notice, cancel the certification of a program participant as

 

provided under section 9.

 

     (9) A program participant who continues to be eligible to

 

participate in the program may renew the certification of the

 

program participant. The renewal application must be on a form

 

prescribed by the department of the attorney general and must meet

 

the requirements under subsections (2) and (3). The department of

 

the attorney general must make the form for a renewal application


available no later than 180 days after the effective date of this

 

act. A renewal of certification of the program participant must not

 

alter the unique identification number issued under subsection

 

(4)(b).

 

     (10) The information of a program participant described under

 

section 15(1) is not a public record and is exempt from disclosure

 

under the freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246.

 

     (11) An offender who is required to be registered under the

 

sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.736,

 

is not eligible to submit an application and must not be certified

 

as a program participant.

 

     (12) The department of the attorney general shall create a

 

participation card for the program. A participation card must

 

contain the name and unique identification number of a program

 

participant, and the designated address.

 

     Sec. 7. (1) A program participant may request that a

 

governmental entity use the designated address as the program

 

participant's address. Except as otherwise provided in subsection

 

(6) and in the Michigan election law, 1954 PA 116, MCL 168.1 to

 

168.992, a governmental entity shall use the designated address.

 

The program participant may provide his or her participation card

 

as proof of his or her certification as a program participant.

 

     (2) If a program participant's employer, school, or

 

institution of higher education is not a governmental entity, the

 

program participant may request that the employer, school, or

 

institution of higher education use the designated address as the


program participant's address.

 

     (3) The department of technology, management, and budget

 

shall, on each day the department of technology, management, and

 

budget is open for business, place all first-class, registered, or

 

certified mail of a program participant that the department of

 

technology, management, and budget receives into an envelope or

 

package and mail that envelope or package to the program

 

participant at the mailing address the program participant provided

 

on the application under section 5(3)(c) for that purpose. The

 

department of technology, management, and budget may contract with

 

the United States Postal Service for special rates for the mail

 

forwarded under this subsection.

 

     (4) Upon receiving service of process on behalf of a program

 

participant, the department of technology, management, and budget

 

shall immediately forward the process by certified mail, return

 

receipt requested, to the program participant at the mailing

 

address the program participant provided on the application under

 

section 5(3)(c) for that purpose.

 

     (5) If a person intends to serve process on an individual and

 

makes an inquiry with the department of the attorney general or the

 

department of technology, management, and budget to determine if

 

the individual is a program participant, the department of the

 

attorney general or the department of technology, management, and

 

budget shall only confirm that the individual is or is not a

 

program participant and must not disclose further information

 

regarding the program participant.

 

     (6) Subsection (1) does not apply to a municipally owned


utility. The confidential address of a program participant that is

 

maintained by a municipally owned utility must not be released, and

 

is not a public record and is exempt from disclosure under the

 

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     Sec. 9. (1) The department of the attorney general may cancel

 

the certification of a program participant if the program

 

participant is not reachable at the mailing address, telephone

 

number, and any electronic mail address provided under section

 

5(3)(c) for 60 or more days.

 

     (2) The department of the attorney general shall cancel the

 

certification of a program participant in any of the following

 

circumstances:

 

     (a) The program participant's application contained 1 or more

 

false statements.

 

     (b) The program participant or the parent or guardian of a

 

program participant that is a minor or the guardian of a ward that

 

is a program participant files a notarized request for cancellation

 

on a form prescribed by the department of the attorney general.

 

     (c) The program participant fails to file a renewal

 

application while the initial certification as a program

 

participant is valid as provided in section 5(7). The department of

 

the attorney general may promulgate a rule to provide for a grace

 

period.

 

     Sec. 11. (1) A department of this state, a law enforcement

 

agency, or a local unit of government may request the department of

 

the attorney general to provide the confidential address, telephone

 

number, and electronic mail address of a program participant if the


requesting department of this state, a law enforcement agency, or a

 

local unit of government requires access to the confidential

 

address, telephone number, or electronic mail address of the

 

program participant for a legitimate governmental purpose. Upon

 

receiving a request under this subsection, the department of the

 

attorney general shall confirm whether an individual, minor, or

 

ward is a program participant but may not disclose further

 

information except as provided under subsection (3).

 

     (2) Upon the filing of a request under this section, the

 

department of the attorney general shall provide the program

 

participant with notice of the request.

 

     (3) The department of the attorney general may grant the

 

request submitted under subsection (1) if the department of the

 

attorney general determines that disclosure of the confidential

 

address, telephone number, or electronic mail address of the

 

program participant to the requesting department of this state, law

 

enforcement agency, or local unit of government is necessary for a

 

legitimate governmental purpose.

 

     Sec. 13. (1) Not later than 4 months after the effective date

 

of this act, the department of the attorney general shall develop

 

and offer a training program for application assistants and victim

 

advocates to obtain certification under this act.

 

     (2) The department of the attorney general shall certify a

 

person applying for certification as an application assistant or as

 

a victim advocate under this act if that person has completed the

 

training program under subsection (1). Not later than 180 days

 

after the effective date of this act, the department of the


attorney general shall make available on its website the names and

 

contact information of the application assistants and victim

 

advocates.

 

     (3) An application assistant or victim advocate who provides

 

assistance in accordance with this act does not violate section 916

 

of the revised judicature act of 1961, 1961 PA 236, MCL 600.916.

 

     Sec. 15. (1) Not later than 180 days after the effective date

 

of this act, the department of the attorney general must create and

 

maintain a computerized database that contains the name, unique

 

identification number, confidential address, mailing address,

 

telephone number, and any electronic mail address of each program

 

participant. The department of the attorney general, the department

 

of technology, management, and budget, and the department of state

 

may have access to the database as required to implement this act.

 

     (2) The department of the attorney general must ensure the

 

database under subsection (1) immediately provides the department

 

of technology, management, and budget and the department of state,

 

upon the certification of a program participant, the information

 

listed in subsection (1), and upon the cancellation of a

 

certification of a program participant under section 9, that

 

status.

 

     Sec. 17. The department of the attorney general may, in

 

consultation with the Michigan domestic and sexual violence

 

prevention and treatment board, the department of technology,

 

management, and budget, and the department of state promulgate

 

rules to implement this act in compliance with the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.


     Sec. 19. (1) The confidential address fund is created in the

 

state treasury. The fund shall be administered by the attorney

 

general.

 

     (2) The state treasurer may receive money and assets from any

 

source for deposit into the fund. The state treasurer shall direct

 

the investment of the fund. The state shall credit to the fund

 

interest and earnings from fund investments.

 

     (3) Money in the fund at the close of the fiscal year must

 

remain in the fund and must not lapse to the general fund.

 

     (4) The department of the attorney general shall expend money

 

from the fund, upon appropriation, for the purpose of administering

 

the program.

 

     Sec. 21. (1) A person shall not knowingly make a false

 

statement in an application submitted under section 5.

 

     (2) Except as otherwise provided by law, a person who has

 

access to a confidential address, telephone number, or electronic

 

mail address of a program participant through the database created

 

under section 15 shall not knowingly disclose that confidential

 

address, telephone number, or electronic mail address to any other

 

person.

 

     (3) A person that violates this section is guilty of a

 

misdemeanor punishable by imprisonment for not more than 93 days or

 

a fine of not more than $500.00, or both.

 

     Sec. 23. (1) The department of the attorney general shall

 

establish an address confidentiality program advisory council

 

composed of the following members:

 

     (a) The attorney general, or his or her designee.


     (b) The director of the department of technology, management,

 

and budget, or his or her designee.

 

     (c) The secretary of state, or his or her designee.

 

     (d) The executive director of the Michigan Coalition to End

 

Domestic and Sexual Violence, or his or her designee.

 

     (e) The executive director of the Michigan domestic and sexual

 

violence prevention and treatment board, or his or her designee.

 

     (2) Not later than 3 years after the effective date of this

 

act, the first meeting of the advisory council must be called by

 

the member described under subsection (1)(a).

 

     (3) Except as provided in subsection (6), information

 

collected by the advisory council under this section is exempt from

 

disclosure under the freedom of information act, 1976 PA 442, MCL

 

15.231 to 15.246.

 

     (4) The advisory council shall not deliberate toward or render

 

a decision on public policy, and a meeting of the advisory council

 

is not a meeting of a public body under the open meetings act, 1976

 

PA 267, MCL 15.261 to 15.275.

 

     (5) Members of the advisory council shall serve without

 

compensation. However, members of the advisory council may be

 

reimbursed for their actual and necessary expenses incurred in the

 

performance of their official duties as members of the advisory

 

council.

 

     (6) The advisory council shall prepare and submit a report to

 

the legislature of findings in evaluating the program. The advisory

 

council shall not include in the report the name, confidential

 

address, telephone number, or electronic mail address of a program


participant or any other information that could reasonably be

 

expected to identify a program participant. The report submitted

 

under this subsection must be made available to the public in

 

compliance with the freedom of information act, 1976 PA 442, MCL

 

15.231 to 15.246.

 

     Enacting section 1. This act does not take effect unless all

 

of the following bills of the 100th Legislature are enacted into

 

law:

 

     (a) Senate Bill No. 73                                     

 

         

 

     (b) Senate Bill No. 75                                     

 

         

 

     (c) Senate Bill No. 74