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 TLSB 1739YH (12) 86 rh/rj

H.F. 233 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. 35 -1- LSB 1739YH (12) 86 rh/rj 1/ 10

H.F. 233 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. 35 -2- LSB 1739YH (12) 86 rh/rj 2/ 10

H.F. 233 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 -3- LSB 1739YH (12) 86 rh/rj 3/ 10

H.F. 233 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. 35 -4- LSB 1739YH (12) 86 rh/rj 4/ 10

H.F. 233 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. 35 -5- LSB 1739YH (12) 86 rh/rj 5/ 10

H.F. 233 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: 35 -6- LSB 1739YH (12) 86 rh/rj 6/ 10

H.F. 233 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. 35 -7- LSB 1739YH (12) 86 rh/rj 7/ 10

H.F. 233 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 35 -8- LSB 1739YH (12) 86 rh/rj 8/ 10

H.F. 233 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 35 -9- LSB 1739YH (12) 86 rh/rj 9/ 10

H.F. 233 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. 16 -10- LSB 1739YH (12) 86 rh/rj 10/ 10