SB 109
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader
Senate Bill 109 (Chair, Judicial Proceedings Committee)(By Request -
Departmental - Secretary of State)
Judicial Proceedings Judiciary
Secretary of State - Address Confidentiality Programs - Merger of Programs and
Expanded Participant Eligibility
This departmental bill merges the Address Confidentiality Program for victims of domestic
violence and the Human Trafficking Address Confidentiality Program for victims of
human trafficking into a single Address Confidentiality Program administered by the
Secretary of State (SOS). Program eligibility is expanded to include survivors of
threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or
human trafficking. Eligible applicants are expanded to include individuals who reside in
the same household as an eligible applicant or program participant. The bill authorizes,
instead of requires, SOS to cancel the participation of a program participant under specified
circumstances and further authorizes SOS to cancel program participation if SOS
determines that a program participant’s actual address is readily accessible to the general
public. Finally, the bill makes various conforming changes.
Fiscal Summary
State Effect: The bill primarily codifies existing practice. Any increase in program
participation due to expanded eligibility can be handled with existing budgeted resources.
No effect on revenues.
Local Effect: The bill does not directly affect local government operations or finances.
Small Business Effect: SOS has determined that this bill has minimal or no impact on
small business (attached). The Department of Legislative Services concurs with this
assessment.
 Analysis
Current Law/Background: The Address Confidentiality Program for victims of
domestic violence, as codified under the Family Law Article, and the Human Trafficking
Address Confidentiality Program for victims of human trafficking, as codified under the
State Government Article, are both administered by SOS as the Maryland Safe at Home
Address Confidentiality Program (ACP). SOS advises that it administers both programs as
one, with the same director and staff, one budget, and with no distinction between human
trafficking and domestic violence participants.
Maryland Safe at Home ACP
The stated goal of ACP is to help victims of domestic violence and human trafficking, who
have relocated or are about to relocate, in an effort to keep their perpetrators from finding
them. ACP provides a substitute address for victims who have moved or are about to move
to a new location unknown to their abuser, and it provides participants with a confidential
mail-forwarding service for first-class mail and legal papers. An individual acting on his
or her own behalf, a parent or guardian acting on behalf of a minor who resides with the
parent or guardian, or a guardian acting on behalf of a disabled person may apply to
participate in the program.
SOS collaborates with the District Court and the circuit courts, the Motor Vehicle
Administration, the State Board of Elections, public schools, and other agencies to provide
address confidentiality to program participants. In most cases, using the substitute address
allows State and local agencies to respond to requests for public information without
disclosing the participant’s actual address.
SOS advises that, as of January 2021, there are 1,194 active participants in ACP. Additional
information about ACP can be found on the program’s website.
Cancellation of Participation
Under current law, SOS must cancel the participation of a program participant if (1) the
participant fails to notify SOS of any legal name change or change in address or telephone
number; (2) the participant files a request for withdrawal of participation; (3) the participant
submits false information in applying for program participation; or (4) SOS forwards mail
to the participant and the mail is returned as undeliverable. The bill authorizes, but does
not require, SOS to cancel participation under these circumstances.
An individual who ceases to be a program participant is responsible for notifying any
person who uses the substitute address designated by SOS that the address is no longer
valid. If an individual has requested the shielding of property records as provided under
SB 109/ Page 2
State law, SOS must give written notice to the clerk of the circuit court within 30 days after
the individual ceases to be a program participant.
SOS must send notice of any cancellation of program participation to the participant and
set forth the reason for cancellation. In accordance with procedures developed by SOS, a
program participant may appeal any cancellation decision by filing an appeal with SOS
within 30 days of the notice of cancellation.
SOS advises that the bill’s authorization to cancel participation in the event a program
participant’s actual address becomes readily accessible to the general public is needed to
ensure the efficient use of program resources and to avoid providing a false sense of
security to program participants whose locations are no longer confidential.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Secretary of State; Maryland State Board of Elections; Judiciary
(Administrative Office of the Courts); Maryland Department of Transportation;
Department of Legislative Services
Fiscal Note History: First Reader - January 12, 2021
rh/mcr Third Reader - February 2, 2021
Analysis by: Elizabeth J. Allison Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 109/ Page 3
 ANALYSIS OF ECONOMIC IMPACT ON SMALL BUSINESSES
TITLE OF BILL: Secretary of State – Address Confidentiality Programs – Merger of
Programs and Expanded Participant Eligibility
BILL NUMBER: SB 109
PREPARED BY: Secretary of State
PART A. ECONOMIC IMPACT RATING
This agency estimates that the proposed bill:
_x__ WILL HAVE MINIMAL OR NO ECONOMIC IMPACT ON MARYLAND SMALL
BUSINESSES
OR
WILL HAVE A MEANINGFUL ECONOMIC IMPACT ON MARYLAND SMALL
BUSINESSES
PART B. ECONOMIC IMPACT ANALYSIS
This bill expands Address Confidentiality Program eligibility to threatened individuals who fear
for their safety. While it will have no direct economic impact on small businesses, it may benefit
certain small business owners or their employees if they qualify for address confidentiality.
Program participants are authorized to use the substitute address provided by the Secretary of
State as their home, work or school address. This may allow some small business owners to stay
in business, or to open a small business, without fearing for their safety. In other circumstances, it
may allow small businesses to keep current employees or to hire survivors of actual or threatened
violence.
SB 109/ Page 4


Statutes affected:
Text - First - Secretary of State - Address Confidentiality Programs - Merger of Programs and Expanded Participant Eligibility: 1-101 Election Law, 4-513 Election Law, 3-114 Real Property, 7-301 State Government, 4-501 State Government, 3-310 State Government, 7-302 State Government, 7-303 State Government, 7-304 State Government, 7-307 State Government, 7-306 State Government
Text - Third - Secretary of State - Address Confidentiality Programs - Merger of Programs and Expanded Participant Eligibility: 1-101 Election Law, 4-513 Election Law, 3-114 Real Property, 7-301 State Government, 4-501 State Government, 3-310 State Government, 7-302 State Government, 7-303 State Government, 7-304 State Government, 7-307 State Government, 7-306 State Government