Title 030 | Chapter 010 | Regulation 020
SUPERSEDED
This document is no longer current.
SECRETARY OF STATE
(New Administrative Regulation)
30 KAR 10:020.Application and certification.
Section 1.
Requirements for Application for Certification to Participate in the Safe at Home Program.(1)
Application for certification to participate in the safe at home program shall be made to the Secretary of State by submitting a completed Application for Certification to Participate in the Safe at Home Program which contains:(a)
Full legal name;(b)
Date of birth;(c)
Other names that may appear on applicant's mail;(d)
County of residence;(e)
Residential address;(f)
Phone number;(g)
Email address; and(h)
Dependent's legal names and identifying information (if applicable).(2)
The application must include a sworn statement and acknowledge the following:(a)
I am an adult survivor of domestic violence, sexual assault, stalking or human trafficking or am the parent of a child or guardian of an adult individual who is such a survivor, or I am a household member of such a survivor;(b)
I am not applying to participate in Safe at Home in order to avoid prosecution of any kind. I confirm that I am not a sexually violent predator;(c)
I give permission to the Secretary of State's Office to verify my participation in Safe at Home state or local agencies when requested;(d)
I designate the Secretary of State as my agent for service of process and for the purpose of receipt of mail. Therefore, if Safe at Home accepts legal documents or certified mail addressed to me, it is as if I received them;(e)
I understand that my participation in Safe at Home may be cancelled for any of the following reasons:1.
I change my legal name and do not notify the Secretary of State's Office in writing prior to the change;2.
Mail forwarded by the Secretary of State's Office is returned as undeliverable by the United States Postal Service;3.
If the Secretary accepts service of process on my behalf, and I do not acknowledge such;4.
If my application contains false information;(f)
I understand that it is my responsibility to notify family, friends, businesses, and government agencies of my Safe at Home designated address. I recognize that if I share my confidential address, the Safe at Home program cannot control its distribution;(g)
I realize that my mail address may include an apartment number. Without this apartment number, my mail may be delayed or may never reach me. Safe at Home will forward only first-class, legal, and certified mail, as well as packages of prescriptions;(h)
I understand that I am enrolled in Safe at Home for a four (4) year term. At the end of this term, I realize I will have to renew my enrollment or be cancelled from the program;(i)
I authorize the Safe at Home Program to notify the State Board of Elections to remove my physical and mailing address from voter registration documents that can be viewed by the public but maintain my physical address for the purpose of remaining registered and populated in the correct precinct.(j)
I realize that if I purchase or sell real estate, my information will appear on public records;(k)
I understand that I must notify the Safe at Home program if any of the information on my original Safe at Home application changes within fourteen (14) days;(l)
I understand that once I am enrolled in the Safe at Home program, my actual address will be confidential unless an agency has a bona fide statutory or administrative requirement for use of my address; and(m)
My children under the age of eighteen (18) may be enrolled with me as dependents. Individuals over the age of eighteen (18) must enroll separately. Minors who turn eighteen (18) during participation in the program are responsible for completing a renewal form at that time to continue Safe at Home participation.(3)
The Application for Certification to Participate in Safe at Home shall be:(a)
Notarized; and(b)
In English.Section 2.
Certification in the Safe at Home Program.(1)
The Secretary of State shall approve an Application for Certification to Participate in Safe at Home Program and certify the applicant as a program participant if the applicant and the Application for Certification to Participate in Safe at Home Program meet the requirements established in Ky Acts ch. 172 and this administrative regulation.(2)
The Secretary of State shall notify the applicant or filer whether the Application for Certification to Participate in Safe at Home Program was denied, or the applicant was certified as a program participant.(a)
If an Application for Certification to Participate in Safe at Home Program is denied, the Secretary of State shall inform the applicant or filer of the reason for the denial.(b)
If an applicant is certified as a program participant, the Secretary of State shall:1.
Assign to the program participant a participant number and designated address; and2.
Issue to the program participant a Safe at Home Program Participant Card.3.
Provide information about the Safe at Home Program with instructions, frequently asked question and answers and other information deemed necessary.4.
Provide a general letter from the Secretary of State the participant can provide to agencies.(3)
If an applicant is certified as a program participant, participation in the Safe at Home program shall be effective as of the date of the notification of certification.Section 3.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Application for Certification to Participate in Safe at Home Program", July 2023;(b)
"Address Confidentiality Program Participant Card", July 2023;(c)
"Safe at Home Program Participant Change of Information Form", July 2023;(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Secretary of State's Office, 700 Capital Avenue, State Capitol, Suite 152, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m., or may be obtained at sos.ky.gov.APPROVED BY AGENCY: June 27, 2023
FILED WITH LRC: June 29, 2023 at 3:00 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on September 26, 2023, at 10:00 a.m. EST, at Office of the Secretary of State. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. This hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until September 30, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Jennifer Scutchfield, Assistant Secretary of State, 700 Capital Avenue, State Capitol, Suite 152, Frankfort, Kentucky 40601, phone (502) 782-7417, fax (502) 564-5687, email jscutchfield@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jennifer Scutchfield
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the procedures for the Safe at Home Program, previously known as the Address Confidentiality Program.
(b) The necessity of this administrative regulation:
Safe at Home Program, previously known as the Address Confidentiality Program.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
In order for the Secretary of State to fulfill its duties under KRS 14.300, 14.302, 14.304, 14.306 and 14.310, this administrative regulation is necessary to establish the procedures for the Safe at Home Program, previously known as the Address Confidentiality Program.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation is necessary to establish procedures for the Safe at Home Program, previously known as the Address Confidentiality Program.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
N/A
(b) The necessity of the amendment to this administrative regulation:
N/A
(c) How the amendment conforms to the content of the authorizing statutes:
N/A
(d) How the amendment will assist in the effective administration of the statutes:
N/A
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation affects citizens of the Commonwealth that are impacted by domestic violence or others facing physical or mental abuse if their address were public record. It also affects state and local agencies who have the victims address in their database or records.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Individuals identified in question (3) will have to familiarize themselves with this regulation and contact our office with questions. Our Office will also conduct outreach to increase knowledge amongst public entities.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There should be no cost to the public agencies. The Secretary of State will incur costs with the administration of this program but have funding, at least in this budget year to cover the program.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The victims of domestic violence will be protected from persons who pose them danger by not allowing those people to access their location.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The cost is minimal, but will include purchase of a device to make identification cards, forwarding postal mail, training of assistance officers and contacting other agencies.
(b) On a continuing basis:
As the program grows, the cost of the program will increase, especially for mailing costs.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The legislature provided funding for the Safe at Home Program.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding will not be necessary, at least initially.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation neither establishes nor increases any fees.
(9) TIERING: Is tiering applied?
Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This regulation will impact local and state agencies who hold addresses for victims of domestic violence.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
This regulation is necessary because of 2023 RS SB 79 (2023 Regular Session Senate Bill 79) which creates the Safe at Home Program.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
There will be minimal costs to state and local government agencies for the first full year the regulation would be in effect. The Office of the Secretary of State will have expenditures for mailing costs, card maker and creation of the Program.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
None
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
None
(c) How much will it cost to administer this program for the first year?
The actual cost is unknown, but after reviewing other programs around the country, the funds that are set aside for the Program by the legislature should cover the initial implementation of the Program. An estimate of first year costs are $15,000.00.
(d) How much will it cost to administer this program for subsequent years?
The cost to administer the Program will depend on how many participants. An estimate of subsequent year costs are $10,000.00 a year.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
None
Expenditures (+/-):
estimate $15,000.00
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
The regulation will increase the expenditures of the Secretary of State but it is anticipated the fund created by the legislature will accommodate the costs.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
None
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
None
(c) How much will it cost the regulated entities for the first year?
Approximately $15,000.00
(d) How much will it cost the regulated entities for subsequent years?
Approximately $15,000.00
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate as determined by the promulgating administrative bodies [KRS 13A.010(13)]. This administrative regulation will not have a major economic impact.
SECRETARY OF STATE
(New Administrative Regulation)
30 KAR 10:020.Application and certification.
Section 1.
Requirements for Application for Certification to Participate in the Safe at Home Program.(1)
Application for certification to participate in the safe at home program shall be made to the Secretary of State by submitting a completed Application for Certification to Participate in the Safe at Home Program which contains:(a)
Full legal name;(b)
Date of birth;(c)
Other names that may appear on applicant's mail;(d)
County of residence;(e)
Residential address;(f)
Phone number;(g)
Email address; and(h)
Dependent's legal names and identifying information (if applicable).(2)
The application must include a sworn statement and acknowledge the following:(a)
I am an adult survivor of domestic violence, sexual assault, stalking or human trafficking or am the parent of a child or guardian of an adult individual who is such a survivor, or I am a household member of such a survivor;(b)
I am not applying to participate in Safe at Home in order to avoid prosecution of any kind. I confirm that I am not a sexually violent predator;(c)
I give permission to the Secretary of State's Office to verify my participation in Safe at Home state or local agencies when requested;(d)
I designate the Secretary of State as my agent for service of process and for the purpose of receipt of mail. Therefore, if Safe at Home accepts legal documents or certified mail addressed to me, it is as if I received them;(e)
I understand that my participation in Safe at Home may be cancelled for any of the following reasons:1.
I change my legal name and do not notify the Secretary of State's Office in writing prior to the change;2.
Mail forwarded by the Secretary of State's Office is returned as undeliverable by the United States Postal Service;3.
If the Secretary accepts service of process on my behalf, and I do not acknowledge such;4.
If my application contains false information;(f)
I understand that it is my responsibility to notify family, friends, businesses, and government agencies of my Safe at Home designated address. I recognize that if I share my confidential address, the Safe at Home program cannot control its distribution;(g)
I realize that my mail address may include an apartment number. Without this apartment number, my mail may be delayed or may never reach me. Safe at Home will forward only first-class, legal, and certified mail, as well as packages of prescriptions;(h)
I understand that I am enrolled in Safe at Home for a four (4) year term. At the end of this term, I realize I will have to renew my enrollment or be cancelled from the program;(i)
I authorize the Safe at Home Program to notify the State Board of Elections to remove my physical and mailing address from voter registration documents that can be viewed by the public but maintain my physical address for the purpose of remaining registered and populated in the correct precinct.(j)
I realize that if I purchase or sell real estate, my information will appear on public records;(k)
I understand that I must notify the Safe at Home program if any of the information on my original Safe at Home application changes within fourteen (14) days;(l)
I understand that once I am enrolled in the Safe at Home program, my actual address will be confidential unless an agency has a bona fide statutory or administrative requirement for use of my address; and(m)
My children under the age of eighteen (18) may be enrolled with me as dependents. Individuals over the age of eighteen (18) must enroll separately. Minors who turn eighteen (18) during participation in the program are responsible for completing a renewal form at that time to continue Safe at Home participation.(3)
The Application for Certification to Participate in Safe at Home shall be:(a)
Notarized; and(b)
In English.Section 2.
Certification in the Safe at Home Program.(1)
The Secretary of State shall approve an Application for Certification to Participate in Safe at Home Program and certify the applicant as a program participant if the applicant and the Application for Certification to Participate in Safe at Home Program meet the requirements established in Ky Acts ch. 172 and this administrative regulation.(2)
The Secretary of State shall notify the applicant or filer whether the Application for Certification to Participate in Safe at Home Program was denied, or the applicant was certified as a program participant.(a)
If an Application for Certification to Participate in Safe at Home Program is denied, the Secretary of State shall inform the applicant or filer of the reason for the denial.(b)
If an applicant is certified as a program participant, the Secretary of State shall:1.
Assign to the program participant a participant number and designated address; and2.
Issue to the program participant a Safe at Home Program Participant Card.3.
Provide information about the Safe at Home Program with instructions, frequently asked question and answers and other information deemed necessary.4.
Provide a general letter from the Secretary of State the participant can provide to agencies.(3)
If an applicant is certified as a program participant, participation in the Safe at Home program shall be effective as of the date of the notification of certification.Section 3.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Application for Certification to Participate in Safe at Home Program", July 2023;(b)
"Address Confidentiality Program Participant Card", July 2023;(c)
"Safe at Home Program Participant Change of Information Form", July 2023;(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Secretary of State's Office, 700 Capital Avenue, State Capitol, Suite 152, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m., or may be obtained at sos.ky.gov.APPROVED BY AGENCY: June 27, 2023
FILED WITH LRC: June 29, 2023 at 3:00 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on September 26, 2023, at 10:00 a.m. EST, at Office of the Secretary of State. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. This hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until September 30, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Jennifer Scutchfield, Assistant Secretary of State, 700 Capital Avenue, State Capitol, Suite 152, Frankfort, Kentucky 40601, phone (502) 782-7417, fax (502) 564-5687, email jscutchfield@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jennifer Scutchfield
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the procedures for the Safe at Home Program, previously known as the Address Confidentiality Program.
(b) The necessity of this administrative regulation:
Safe at Home Program, previously known as the Address Confidentiality Program.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
In order for the Secretary of State to fulfill its duties under KRS 14.300, 14.302, 14.304, 14.306 and 14.310, this administrative regulation is necessary to establish the procedures for the Safe at Home Program, previously known as the Address Confidentiality Program.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation is necessary to establish procedures for the Safe at Home Program, previously known as the Address Confidentiality Program.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
N/A
(b) The necessity of the amendment to this administrative regulation:
N/A
(c) How the amendment conforms to the content of the authorizing statutes:
N/A
(d) How the amendment will assist in the effective administration of the statutes:
N/A
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation affects citizens of the Commonwealth that are impacted by domestic violence or others facing physical or mental abuse if their address were public record. It also affects state and local agencies who have the victims address in their database or records.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Individuals identified in question (3) will have to familiarize themselves with this regulation and contact our office with questions. Our Office will also conduct outreach to increase knowledge amongst public entities.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There should be no cost to the public agencies. The Secretary of State will incur costs with the administration of this program but have funding, at least in this budget year to cover the program.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The victims of domestic violence will be protected from persons who pose them danger by not allowing those people to access their location.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The cost is minimal, but will include purchase of a device to make identification cards, forwarding postal mail, training of assistance officers and contacting other agencies.
(b) On a continuing basis:
As the program grows, the cost of the program will increase, especially for mailing costs.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The legislature provided funding for the Safe at Home Program.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding will not be necessary, at least initially.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation neither establishes nor increases any fees.
(9) TIERING: Is tiering applied?
Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This regulation will impact local and state agencies who hold addresses for victims of domestic violence.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
This regulation is necessary because of 2023 RS SB 79 (2023 Regular Session Senate Bill 79) which creates the Safe at Home Program.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
There will be minimal costs to state and local government agencies for the first full year the regulation would be in effect. The Office of the Secretary of State will have expenditures for mailing costs, card maker and creation of the Program.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
None
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
None
(c) How much will it cost to administer this program for the first year?
The actual cost is unknown, but after reviewing other programs around the country, the funds that are set aside for the Program by the legislature should cover the initial implementation of the Program. An estimate of first year costs are $15,000.00.
(d) How much will it cost to administer this program for subsequent years?
The cost to administer the Program will depend on how many participants. An estimate of subsequent year costs are $10,000.00 a year.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
None
Expenditures (+/-):
estimate $15,000.00
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
The regulation will increase the expenditures of the Secretary of State but it is anticipated the fund created by the legislature will accommodate the costs.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
None
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
None
(c) How much will it cost the regulated entities for the first year?
Approximately $15,000.00
(d) How much will it cost the regulated entities for subsequent years?
Approximately $15,000.00
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate as determined by the promulgating administrative bodies [KRS 13A.010(13)]. This administrative regulation will not have a major economic impact.