Bill Text: IA HF233 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act establishing an address confidentiality program in the office of the secretary of state for a victim of domestic abuse, domestic abuse assault, sexual abuse, and stalking and providing for a fee. (See Cmte. Bill HF 585)
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-03-26 - Withdrawn. H.J. 717. [HF233 Detail]
Download: Iowa-2015-HF233-Introduced.html
House File 233 - Introduced HOUSE FILE BY FISHER, ANDERSON, WOLFE, BROWN=POWERS, RUFF, PETTENGILL, BAUDLER, SHEETS, KRESSIG, HEARTSILL, HUNTER, STAED, CARLSON, and SALMON A BILL FOR 1 An Act establishing an address confidentiality program in the 2 office of the secretary of state for a victim of domestic 3 abuse, domestic abuse assault, sexual abuse, and stalking 4 and providing for a fee. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1739YH (12) 86 rh/rj PAG LIN 1 1 Section 1. NEW SECTION. 9E.1 Definitions. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Address" means a residential street address, school 1 5 address, or work address of an individual, as specified on the 1 6 individual's application to be a program participant under this 1 7 chapter. 1 8 2. "Applicant" means an adult, a parent or guardian acting 1 9 on behalf of an eligible minor, or a guardian acting on behalf 1 10 of an incapacitated person as defined in section 633.701. 1 11 3. "Designated address" means the mailing address assigned 1 12 to a program participant by the secretary. 1 13 4. "Domestic abuse" means the same as defined in section 1 14 236.2. 1 15 5. "Domestic abuse assault" means the same as defined in 1 16 section 708.2A. 1 17 6. a. "Eligible person" means a person who is all of the 1 18 following: 1 19 (1) A resident of this state. 1 20 (2) An adult, a minor, or an incapacitated person as defined 1 21 in section 633.701. 1 22 (3) A victim of domestic abuse, domestic abuse assault, 1 23 sexual abuse, or stalking as evidenced by the filing of a 1 24 petition pursuant to section 236.3 or a criminal complaint or 1 25 information pursuant to section 708.2A, 708.11, 709.2, 709.3, 1 26 or 709.4. 1 27 b. For purposes of this subsection, a person determined to 1 28 be a sexually violent predator pursuant to section 229A.7 or a 1 29 similar law of another state is not an eligible person. 1 30 7. "Mail" means first=class letters and flats delivered 1 31 via the United States postal service, including priority, 1 32 express, and certified mail, and excluding packages, 1 33 parcels, periodicals, and catalogues, unless they are clearly 1 34 identifiable as pharmaceuticals or clearly indicate that they 1 35 are sent by a state or county government agency. 2 1 8. "Program" means the address confidentiality program 2 2 established in this chapter. 2 3 9. "Program participant" means an individual certified by 2 4 the secretary as a program participant under section 9E.2. 2 5 10. "Secretary" means the secretary of state. 2 6 11. "Sexual abuse" means the same as defined in section 2 7 709.1. 2 8 12. "Stalking" means the same as defined in section 708.11. 2 9 Sec. 2. NEW SECTION. 9E.2 Address confidentiality program. 2 10 1. Application. The secretary shall certify an eligible 2 11 person as a program participant if the secretary receives an 2 12 application containing all of the following information: 2 13 a. The full legal name of the eligible person. 2 14 b. A statement by the applicant that the applicant has good 2 15 reason to believe any of the following: 2 16 (1) Either of the following: 2 17 (a) The eligible person listed on the application is a 2 18 victim of domestic abuse, domestic abuse assault, sexual abuse, 2 19 or stalking. 2 20 (b) The eligible person fears for the person's safety, the 2 21 safety of another person who resides in the same household as 2 22 the eligible person, or the safety of persons on whose behalf 2 23 the application is made. 2 24 (2) The eligible person is not applying for certification as 2 25 a program participant in order to avoid prosecution. 2 26 c. A designation of the secretary as the agent for service 2 27 of process and for the purpose of receipt of mail. 2 28 d. The telephone number or telephone numbers where the 2 29 secretary can contact the applicant or eligible person. 2 30 e. The residential address of the eligible person, 2 31 disclosure of which could lead to an increased risk of domestic 2 32 abuse, domestic abuse assault, sexual abuse, or stalking. 2 33 f. If mail cannot be delivered to the residential address 2 34 of the eligible person, the address to which mail can be sent 2 35 to the eligible person. 3 1 g. A statement whether the eligible person would like 3 2 information on becoming an absentee ballot recipient pursuant 3 3 to section 9E.5. 3 4 h. A statement from the eligible person that gives 3 5 the secretary consent to confirm the eligible person's 3 6 participation in the program to a third party. 3 7 i. The signature of the applicant indicating the applicant's 3 8 authority to act on behalf of the eligible person, if 3 9 appropriate. 3 10 j. The date the application was signed. 3 11 k. Any other information as required by the secretary 3 12 pursuant to rule. 3 13 2. Filing. Applications shall be filed with the secretary. 3 14 3. Certification. Upon filing a complete application, 3 15 the secretary shall certify the eligible person as a program 3 16 participant. A program participant shall be certified for four 3 17 years following the date the application is certified by the 3 18 secretary unless the certification is canceled, withdrawn, or 3 19 invalidated. The secretary shall establish by rule a renewal 3 20 procedure for recertification. 3 21 4. Changes in information. A program participant or an 3 22 applicant shall inform the secretary of any changes in the 3 23 program participant's information submitted on the application. 3 24 5. Designated address. The secretary shall assign a 3 25 designated address to which all mail for a program participant 3 26 shall be sent. 3 27 6. Attaining age of majority. An individual who was a minor 3 28 when the person was certified as a program participant is 3 29 responsible for changes in information and renewal after the 3 30 individual reaches the age of eighteen. 3 31 7. Liability. The secretary or the secretary's designee 3 32 shall not be liable for acts or omissions relating to the 3 33 administration of the program. 3 34 Sec. 3. NEW SECTION. 9E.3 Certification cancellation. 3 35 1. The secretary may cancel a program participant's 4 1 certification under any of the following circumstances: 4 2 a. The program participant's legal name or contact 4 3 information changes, unless the program participant provides 4 4 the secretary with prior written notice of the name change or 4 5 contact information. 4 6 b. Mail forwarded by the secretary to the program 4 7 participant's address is returned as undeliverable by the 4 8 United States postal service. 4 9 c. The program participant is no longer eligible for the 4 10 program. 4 11 2. The secretary shall cancel a program participant's 4 12 certification if the program participant's application contains 4 13 false information. 4 14 Sec. 4. NEW SECTION. 9E.4 Use of designated address. 4 15 1. When a program participant presents the program 4 16 participant's designated address to any person, that designated 4 17 address shall be accepted as the address of the program 4 18 participant. The person shall not require the program 4 19 participant to submit any other address that could be used 4 20 to physically locate the program participant either as a 4 21 substitute address or in addition to the designated address, 4 22 or as a condition of receiving a service or benefit, unless 4 23 the service or benefit would be impossible to provide without 4 24 knowledge of the program participant's physical location. 4 25 2. A program participant may use the designated address as 4 26 the program participant's work address. 4 27 3. The secretary shall forward all mail sent to the 4 28 designated address to the program participant. 4 29 4. If a program participant has notified a person in 4 30 writing, on a form prescribed by the secretary, that the 4 31 individual is a program participant and of the requirements 4 32 of this section, the person shall not knowingly disclose the 4 33 program participant's address, unless any of the following: 4 34 a. The person to whom the address is disclosed also lives, 4 35 works, or goes to school at the address disclosed. 5 1 b. The program participant has provided written consent to 5 2 disclosure of the program participant's name and address for 5 3 the purpose for which the disclosure will be made. 5 4 Sec. 5. NEW SECTION. 9E.5 Voting by program participant ==== 5 5 absentee ballot. 5 6 1. A program participant who is an eligible elector may 5 7 register to vote with the state commissioner of elections, 5 8 pursuant to section 48A.8, subsection 1. The name, address, 5 9 and telephone number of a program participant shall not be 5 10 listed in the statewide voter registration system. 5 11 2. a. A program participant who is otherwise eligible 5 12 to vote may annually register with the state commissioner 5 13 of elections as an absentee voter. As soon as practicable 5 14 before each election, the state commissioner of elections shall 5 15 determine the precinct in which the residential address of the 5 16 program participant is located and shall request and receive 5 17 from the county commissioner of elections the ballot for that 5 18 precinct and shall forward the absentee ballot to the program 5 19 participant with the other materials for absentee balloting as 5 20 required of the county commissioner of elections by section 5 21 53.8. 5 22 b. The program participant shall complete the ballot and 5 23 return it to the state commissioner of elections, who shall 5 24 review the ballot in the manner provided by sections 53.18 5 25 and 53.19. If the materials comply with the requirements 5 26 of section 53.18, the materials shall be certified by the 5 27 state commissioner of elections as the ballot of a program 5 28 participant, and shall be forwarded to the appropriate county 5 29 commissioner of elections for tabulation by the special voters 5 30 precinct election board appointed pursuant to section 53.23. 5 31 c. The state commissioner of elections, to the extent 5 32 practicable, shall administer this section in accordance with 5 33 the provisions of chapters 48A and 53 applicable to county 5 34 commissioners of elections. 5 35 Sec. 6. NEW SECTION. 9E.6 Confidentiality of information. 6 1 1. a. Except as otherwise provided in subsection 6 2 2, information collected, created, or maintained by the 6 3 secretary related to applicants, eligible persons, and program 6 4 participants is confidential unless otherwise ordered by a 6 5 court or released by the lawful custodian of the records 6 6 pursuant to state or federal law. 6 7 b. A program participant's name and address maintained 6 8 by a local governmental body that is part of an ongoing 6 9 investigation or inspection of an alleged health code, 6 10 building code, fire code, or city ordinance violation 6 11 allegedly committed by the program participant is confidential 6 12 information. 6 13 2. Upon request from the department of public safety, 6 14 the secretary may share confidential information with the 6 15 department of public safety. Such confidential information 6 16 received by the department of public safety may be released 6 17 to a law enforcement agency upon verification that the 6 18 release will aid the law enforcement agency in responding to 6 19 an emergency situation, a criminal complaint, or an ongoing 6 20 investigation. 6 21 3. This section shall not be construed to prohibit the 6 22 dissemination of information relating to the program to any 6 23 agency or organization if necessary for carrying out the 6 24 official duties of the agency or organization, or to a person 6 25 if disseminated for an official purpose, or to any other person 6 26 if necessary to protect a person or property from a threat of 6 27 imminent serious harm. 6 28 4. If a program participant has notified the program 6 29 participant's landlord in writing that the individual is a 6 30 program participant pursuant to this chapter, a local ordinance 6 31 or the landlord shall not allow the display of the program 6 32 participant's name at an address otherwise protected under this 6 33 chapter. 6 34 Sec. 7. Section 48A.8, subsection 1, Code 2015, is amended 6 35 to read as follows: 7 1 1. An eligible elector may request that a voter registration 7 2 form be mailed to the elector. The completed form may be 7 3 mailed or delivered by the registrant or the registrant's 7 4 designee to the commissioner in the county where the person 7 5 resides or to the state commissioner of elections for a 7 6 program participant, as provided in section 9E.5. A separate 7 7 voter registration form shall be signed by each individual 7 8 registrant. 7 9 Sec. 8. Section 53.2, Code 2015, is amended by adding the 7 10 following new subsection: 7 11 NEW SUBSECTION. 9. A registered voter who is a program 7 12 participant under section 9E.5 may register to vote as an 7 13 absentee voter with the state commissioner of elections 7 14 pursuant to section 9E.5, subsection 2. 7 15 Sec. 9. Section 602.8102, subsection 135A, Code 2015, is 7 16 amended to read as follows: 7 17 135A. Assess the surcharges provided by sections 911.1, 7 18 911.2, 911.2A, 911.2B, 911.3, and 911.4. 7 19 Sec. 10. Section 602.8108, Code 2015, is amended by adding 7 20 the following new subsection: 7 21 NEW SUBSECTION. 6A. The clerk of the district court 7 22 shall remit all moneys collected from the assessment of 7 23 the surcharge provided in section 911.2B to the state court 7 24 administrator for transfer to the office of secretary of state 7 25 to defray the administrative costs associated with the address 7 26 confidentiality program established in chapter 9E. 7 27 Sec. 11. NEW SECTION. 911.2B Domestic abuse assault, 7 28 stalking, and sexual abuse victim surcharge. 7 29 1. In addition to any other surcharge, the court or clerk of 7 30 the district court shall assess a domestic abuse assault victim 7 31 surcharge of one hundred dollars if an adjudication of guilt or 7 32 a deferred judgment has been entered for a violation of section 7 33 708.2A, 708.11, or 709.1. 7 34 2. In the event of multiple offenses, the surcharge shall be 7 35 imposed for each applicable offense. 8 1 3. The surcharge shall be remitted by the clerk of court as 8 2 provided in section 602.8108, subsection 6A. 8 3 EXPLANATION 8 4 The inclusion of this explanation does not constitute agreement with 8 5 the explanation's substance by the members of the general assembly. 8 6 This bill establishes an address confidentiality program 8 7 (program) in the office of the secretary of state (secretary) 8 8 for a victim of domestic abuse, domestic abuse assault, sexual 8 9 abuse, or stalking or for a person in fear of the person's 8 10 safety or another person's safety. 8 11 CERTIFICATION AND DESIGNATED ADDRESS. Under the bill, an 8 12 eligible person may submit an application for enrollment in 8 13 the program to the secretary with certain required information 8 14 including the applicant's residential address. "Eligible 8 15 person" is defined as an Iowa resident who is an adult, a 8 16 minor, or an incapacitated person who is a victim of domestic 8 17 abuse, domestic abuse assault, sexual abuse, or stalking, as 8 18 defined in the bill, as evidenced by the filing of a petition 8 19 for a domestic abuse protective order or a criminal complaint 8 20 or information involving domestic abuse assault, sexual 8 21 abuse, or stalking. When the secretary certifies the eligible 8 22 person's enrollment in the program, the eligible person becomes 8 23 a program participant for a four=year enrollment period and 8 24 the secretary assigns the program participant a designated 8 25 address. The secretary then forwards all mail sent to the 8 26 designated address to the program participant at the program 8 27 participant's preferred address for delivery of mail. When 8 28 a program participant presents the program participant's 8 29 designated address to any person, that designated address 8 30 shall be accepted as the address of the program participant, 8 31 unless a service or benefit received by the program participant 8 32 would be impossible to provide without knowledge of the 8 33 program participant's actual physical location. If a program 8 34 participant notifies a person in writing that the individual is 8 35 a program participant, the person is prohibited from knowingly 9 1 disclosing the program participant's address unless certain 9 2 circumstances apply. 9 3 The bill provides that the secretary or the secretary's 9 4 designee shall not be liable for acts or omission relating to 9 5 the administration of the program. 9 6 CERTIFICATION CANCELLATION. The bill specifies 9 7 circumstances under which the secretary may cancel a program 9 8 participant's certification, including due to a legal name 9 9 change or a change in contact information, undeliverable mail, 9 10 eligibility requirement changes, and false information in the 9 11 program participant's application. 9 12 CONFIDENTIALITY. The bill provides that information 9 13 collected, created, or maintained by the secretary related 9 14 to applicants, eligible persons, and program participants is 9 15 confidential unless otherwise ordered by a court or released 9 16 by the lawful custodian of the records pursuant to state or 9 17 federal law. Upon request from the department of public 9 18 safety, the secretary may share confidential information 9 19 with the department of public safety for release to a law 9 20 enforcement agency upon verification that the release will 9 21 aid the law enforcement agency in responding to an emergency 9 22 situation, a criminal complaint, or an ongoing investigation. 9 23 In addition, if a program participant has notified the program 9 24 participant's landlord in writing that the individual is a 9 25 program participant pursuant to the bill, a local ordinance 9 26 or the landlord shall not require the display of the program 9 27 participant's name at an address otherwise protected under the 9 28 bill. 9 29 VOTING BY PROGRAM PARTICIPANT. The bill provides that a 9 30 program participant who is an eligible elector may register 9 31 to vote with the state commissioner of elections, although 9 32 the name, residential address, and telephone number of a 9 33 program participant shall not be listed in the statewide 9 34 voter registration system. A program participant who is 9 35 otherwise eligible to vote may annually register with the 10 1 state commissioner of elections as an absentee voter. If the 10 2 materials comply with the requirements of that section, the 10 3 materials shall be certified by the state commissioner of 10 4 elections as the ballot of a program participant, and shall be 10 5 forwarded to the appropriate county commissioner of elections 10 6 for tabulation by the special voters precinct election board. 10 7 The bill makes conforming changes to voter registration 10 8 provisions. 10 9 DOMESTIC ABUSE ASSAULT, STALKING, AND SEXUAL ABUSE VICTIM 10 10 SURCHARGE. The bill creates a victim surcharge of $100 if an 10 11 adjudication of guilt or a deferred judgment has been entered 10 12 for the crime of domestic abuse assault. The clerk of the 10 13 district court is directed to remit all moneys collected from 10 14 the surcharge for transfer to the office of secretary of state 10 15 to defray administrative costs associated with the address 10 16 confidentiality program created in the bill. LSB 1739YH (12) 86 rh/rj
