Utah Code 77-38-611. Address use by state or local government entities

77-38-611. Address use by state or local government entities.

(1)	Except as otherwise provided in Subsection (7), a program participant is responsible for requesting that a state or local government entity use the program participant‘s assigned address as the program participant’s residential address.

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Terms Used In Utah Code 77-38-611

Actual address: means the residential street address of the program participant that is stated in a program participant's application for enrollment or on a notice of a change of address under Section 77-38-610. See Utah Code 77-38-601
Assigned address: means an address designated by the commission and assigned to a program participant. See Utah Code 77-38-601
Authorization card: means a card issued by the commission that identifies a program participant as enrolled in the program with the program participant's assigned address and the date on which the program participant will no longer be enrolled in the program. See Utah Code 77-38-601
Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-38-601
Conviction: A judgement of guilt against a criminal defendant.
Lien: A claim against real or personal property in satisfaction of a debt.
Mail: means first class letters or flats delivered by the United States Postal Service, including priority, express, and certified mail. See Utah Code 77-38-601
Notification form: means a form issued by the commission that a program participant may send to a person demonstrating that the program participant is enrolled in the program. See Utah Code 77-38-601
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Program: means the Safe at Home Program created in Section 77-38-602. See Utah Code 77-38-601
Program participant: means an individual who is enrolled under Section 77-38-606 by the commission to participate in the program. See Utah Code 77-38-601
Property: includes both real and personal property. See Utah Code 68-3-12.5
Record: means the same as that term is defined in Section 63G-2-103. See Utah Code 77-38-601
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
State or local government entity: means a county, municipality, higher education institution, special district, special service district, or any other political subdivision of the state or an administrative subunit of the executive, legislative, or judicial branch of this state, including:

(a)	a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission; or

(b)

an individual acting or purporting to act for or on behalf of a state or local entity, including an elected or appointed public official. See Utah Code 77-38-601

Swear: includes "affirm. See Utah Code 68-3-12.5

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

Writing: includes :Utah Code 68-3-12.5

(2)

Except as otherwise provided in this part, if a program participant submits a valid authorization card, or a notification form, to a state or local government entity, the state or local government entity shall accept the assigned address listed on the authorization card or notification form as the program participant’s address to be used as the program participant’s residential address when creating a record.

(3)	The program participant’s assigned address shall be listed as the last known address if any last known address requirement is needed by the state or local government entity.

(4)	The state or local government entity may photocopy a program participant’s authorization card for a record for the state or local government entity, but the state or local government entity shall immediately return the authorization card to the program participant.

(5)

(a)

An election official, as defined in Section 20A-1-102, shall:

(i)	use a program participant’s actual address for precinct designation and all official election-related purposes;

(ii)	classify the program participant’s actual address as concealed; and

(iii)

keep the program participant’s actual address confidential from the public.

(b)	A program participant may not use the program participant’s assigned address for voter registration.

(c)	An election official shall use the assigned address for all correspondence and mail for the program participant placed in the United States mail.

(d)	A state or local government entity’s access to a program participant’s voter registration is subject to the request for disclosure process under Section 77-38-612.

(e)	This Subsection (5) applies only to a program participant who submits a valid authorization card or a notification form when registering to vote.

(6)

(a)	A state or local government entity may not use a program participant’s assigned address for the purposes of listing, or appraising a property, or assessing property taxes.

(b)	Except as provided by Subsection (6)(c), all property assessments and tax notices, property tax collection notices, and all property related correspondence placed in the United States mail for the program participant shall be addressed to the assigned address.

(c)

The State Tax Commission shall use the actual address of a program participant, unless the commission provides the following information to the State Tax Commission:

(i)	the full name of the program participant; and

(ii)	the program participant’s social security number, federal employee identification number, and any other identification number related to a tax, fee, charge, or license administered by the State Tax Commission.

(7)

(a)	A state or local government entity may not use a program participant’s assigned address for purposes of assessing any taxes or fees on a motor vehicle or a watercraft for titling or registering a motor vehicle or a watercraft.

(b)	Except as provided by Subsection (7)(c), all motor vehicle and watercraft assessments and tax notices, title registration notices, and all related correspondence placed in the United States mail for the program participant is required to be addressed to the assigned address.

(c)

The Motor Vehicle Division shall use the actual address of a program participant, unless the commission provides the following information to the Motor Vehicle Division:

(i)	the full name of the program participant;

(ii)	the assigned address of the program participant;

(iii)

the motor vehicle or hull identification number for each motor vehicle or watercraft that is owned or leased by the program participant;

(iv)	the license plate or registration number for each motor vehicle or watercraft that is owned or leased by the program participant; and

(v)	the physical address where each motor vehicle or watercraft that is owned or leased by the program participant.

(d)

Notwithstanding any other provision of this part, the Motor Vehicle Division may disclose to another state or local government entity all information that is necessary for the state or local government entity to distribute any taxes or fees collected for titling or registering a motor vehicle or a watercraft.

(e)

Notwithstanding Section 41-1a-116 or any other provision of this part, the Motor Vehicle Division may not disclose the actual address of a program participant described in Subsection 77-38-605(3)(m)(ii) to:

(i)	the Utah Criminal Justice Information System; or

(ii)	the title, lien, and registration system that is provided to the Motor Vehicle Division by a third party contractor and is accessed in accordance with Subsection 41-1a-116(4).

(8)

(a)

The Department of Corrections, or any other entity responsible for supervising a program participant who is on probation or parole as a result of a criminal conviction or an adjudication, may not use the program participant’s assigned address if the program participant’s actual address is necessary for supervising the program participant.

(b)	All written communication delivered through the United States mail to the program participant by the Department of Corrections, or the other entity described in Subsection (8)(a), shall be addressed to the program participant’s assigned address.

(9)	If a program participant is required by law to swear or affirm to the program participant’s address, the program participant may use the program participant’s assigned address.

(10)

(a)

A school district shall:

(i)	accept the assigned address as the address of record; and

(ii)	verify student enrollment eligibility with the commission.

(b)	The commission shall help facilitate the transfer of student records as needed.

(11)

(a)

Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, a record containing a program participant’s address is confidential and, regardless of the record’s classification under 3, may not be disclosed by a state or local government entity, unless otherwise provided under this part.

(b)

A program participant’s actual address may not be disclosed to a third party by a state or local government entity, except:

(i)	in a record created more than 90 days before the date on which the program participant applied for enrollment in the program; or

(ii)	if a program participant voluntarily requests, in writing, that the program participant’s actual address be disclosed to the third party.

(c)

For a record created within 90 days before the date that a program participant applied for enrollment in the program, a state or local government entity shall redact the actual address from the record or change the actual address to the assigned address in the public record if the program participant presents a valid authorization card or a notification form and requests that the state or local government entity use the assigned address instead of the actual address on the record.

Amended by Chapter 237, 2023 General Session

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