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