Haw. Rev. Stat. § 801G-9

Current through the 2024 Legislative Session
Section 801G-9 - Address use by state agencies; waiver request
(a) The program participant shall be responsible for requesting that an agency use the participant's substitute address for all purposes for which the agency requires or requests a residential, work, or school address.
(b) When a program participant submits a current and valid address confidentiality program authorization card to an agency, the agency shall accept the substitute address on the card as the program participant's actual address to be used when creating a new public record; provided that:
(1) The agency shall adopt procedures to prevent any disclosure of the program participant's mailing address, actual address, and telephone numbers that may be on file with the agency;
(2) Election officials shall use a program participant's actual address for purposes of determining residency pursuant to section 11-13; provided that the substitute address shall be used for all other purposes and the program participant's name, mailing address, actual address, or telephone number shall not be published in any list or register;
(3) The department of education shall use a program participant's actual address for school admission or assignment and the substitute address for student records;
(4) For tax purposes, the substitute address shall be used solely as a mailing address or for purposes of public records and the department of taxation may require the program participant to provide an actual address if the address is necessary for the assessment of any taxes; provided that the substitute address shall be used as a mailing address and the actual address shall remain confidential;
(5) Law enforcement may require the program participant to provide an actual address for a legitimate law enforcement purpose; provided that the actual address shall remain confidential and used solely for the legitimate law enforcement purpose; and
(6) The department of human services may require the program participant to provide an actual address if the actual address is necessary for the department of human services to perform its functions; provided that the substitute address shall be used as a mailing address and the actual address shall remain confidential.
(c) An agency may submit a request for a waiver from the program by submitting a waiver request to the program director who shall notify the agency of the waiver acceptance or denial and provide the agency with the reasons for acceptance or denial of the request. The waiver request shall be in writing, be in a form designated by the program director, and include:
(1) A statement of how participation in the program restricts the agency's ability to satisfy the agency's obligations;
(2) A statement that upon acceptance of the waiver, the agency shall only use the participant's actual address for the purposes stated in the waiver request; and
(3) A copy of the agency's policies and procedures regarding the use and confidentiality of an actual address.

HRS § 801G-9

Added by L 2018, c 115,§ 1, eff. 7/1/2018.