SB 79 — AN ACT relating to the Safe at Home Program.

UNOFFICIALCHAPTER COPY172 231 RSCHAPTER 172 ( SB 79/GA79 ) AN ACT relating to the Safe at Home Program.

(3) No actionable duty nor any right of action shall accrue against the state, any entity operating an address protection program for the state, an individual operating in his Page 1 of 14 SB007910.100 - 950 - XXXX 3/1/2023 3:48 PM GA UNOFFICIAL COPY 23 RS SB 79/GA or her professional capacity on behalf of the confidential address protection program established in this section, or an employee of the state or municipality in the event of negligent acts that result in the disclosure of a program participant's actual address.] (1)[(4)] The Safe at Home Program[address protection program] fund is hereby created as a separate trust fund in the State Treasury.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) "Address" means a residential street address, school address, or work address of an individual, as specified on the application of an individual to be a program Page 2 of 14 SB007910.100 - 950 - XXXX 3/1/2023 3:48 PM GA UNOFFICIAL COPY 23 RS SB 79/GA participant under this section;

Page 3 of 14 SB007910.100 - 950 - XXXX 3/1/2023 3:48 PM GA UNOFFICIAL COPY 23 RS SB 79/GA (d) KRS 531.120;

CHAPTER 172 3 (a) Domestic violence;

Page 4 of 14 SB007910.100 - 950 - XXXX 3/1/2023 3:48 PM GA UNOFFICIAL COPY 23 RS SB 79/GA (4)[(2)] The Safe at Home Program[crime victim address protection program] shall be open to victims of a specified offense who are United States citizens and residents of Kentucky, without any cost to the program participant.

and (d) Any individuals residing with the victim [applicant, a parent or guardian acting on behalf of a minor, a guardian acting on behalf of a person who is declared incompetent, or a designee of an applicant or a parent or guardian of a minor or a guardian of a person declared incompetent who cannot for any reason apply themselves, may apply to the Secretary of State to have an address designated by the Secretary of State serve for voting purposes as the address of the applicant, the minor, or the Page 5 of 14 SB007910.100 - 950 - XXXX 3/1/2023 3:48 PM GA UNOFFICIAL COPY 23 RS SB 79/GA incompetent person].

[(b) A sworn statement by the applicant that disclosure of the address of the applicant would endanger the safety of the applicant or the safety of the children of the applicant, or the minor or incompetent person on whose behalf the application is made.] Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b)[(c)] The mailing address and the phone number or numbers where the applicant can be contacted by the Secretary of State or the Secretary of State's designee;

Page 6 of 14 SB007910.100 - 950 - XXXX 3/1/2023 3:48 PM GA UNOFFICIAL COPY 23 RS SB 79/GA (c)[(d)] The new address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of a specified offense, jeopardize the applicant's safety, or increase the risk of violence to the applicant or members of the applicant's household;[ and] (d)[(e)] The date the application was prepared, the applicant's signature, and, if applicable, the signature of the application assistant who assisted the applicant in applying to be a program participant;

The Page 7 of 14 SB007910.100 - 950 - XXXX 3/1/2023 3:48 PM GA UNOFFICIAL COPY 23 RS SB 79/GA Secretary of State shall promulgate an administrative regulation to establish a renewal procedure.

(8)[(7)] (a) As part of the application process established by the Secretary of State pursuant to subsections (1) and (2) of this section, an applicant may request that state or local agencies be notified that an applicant has been certified and enrolled in the Safe at Home Program[A program participant shall notify the Office of the Secretary of State of a change of address within seven Page 8 of 14 SB007910.100 - 950 - XXXX 3/1/2023 3:48 PM GA UNOFFICIAL COPY 23 RS SB 79/GA (7) days of the change of address].

and CHAPTER 172 5 4.

(11) A program participant shall notify the Office of the Secretary of State of a change Page 9 of 14 SB007910.100 - 950 - XXXX 3/1/2023 3:48 PM GA UNOFFICIAL COPY 23 RS SB 79/GA of address within fourteen (14) days of the change of address.

(a) From the date of the program participant changing his or her name, the program participant fails to notify the Secretary of State that he or she has Page 10 of 14 SB007910.100 - 950 - XXXX 3/1/2023 3:48 PM GA UNOFFICIAL COPY 23 RS SB 79/GA obtained a name change;

The program participant has the Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY right to appeal the decision within thirty (30) days under procedures established by the Office of the Secretary of State by administrative regulation.

Any assistance and counseling rendered to applicants by the Office of the Secretary of State, [or] its Page 11 of 14 SB007910.100 - 950 - XXXX 3/1/2023 3:48 PM GA UNOFFICIAL COPY 23 RS SB 79/GA designees, or application assistants shall in no way be construed as legal advice.

(2) The first one dollar and fifty cents ($1.50) of each fee collected under this section shall be placed into the general fund, and the remainder of the fee shall be allocated by the clerk of the court on a quarterly basis to the Safe at Home[address protection] Program fund established in KRS 14.260 to be used solely to establish, operate, and maintain the Safe at Home[confidential address protection] Program Page 12 of 14 SB007910.100 - 950 - XXXX 3/1/2023 3:48 PM GA UNOFFICIAL COPY 23 RS SB 79/GA established in KRS 14.260.

and CHAPTER 172 7 5.

The court may waive only the portion of the Page 13 of 14 SB007910.100 - 950 - XXXX 3/1/2023 3:48 PM GA UNOFFICIAL COPY 23 RS SB 79/GA surcharge that the court finds the person is financially unable to pay.

PageSigned 14by ofGovernor 14April SB007910.1004, -2023. 950 - XXXX 3/1/2023 3:48 PM GA

Legislative Research Commission PDF Version