H.F. 585 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, 25 709.4, or 710A.2. 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 1739HV (4) 86 rh/rj 1/ 12

H.F. 585 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 1739HV (4) 86 rh/rj 2/ 12

H.F. 585 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. A governmental body, as defined in section 31 21.2, or an entity created pursuant to chapter 28E, shall not 32 be liable for acts or omissions relating to this chapter. 33 Sec. 3. NEW SECTION . 9E.3 Certification cancellation. 34 1. The secretary may cancel a program participant’s 35 -3- LSB 1739HV (4) 86 rh/rj 3/ 12

H.F. 585 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 d. The program participant does not accept service of 11 process or fails to respond to service of process as described 12 in section 9E.4, subsection 4. 13 2. The secretary shall cancel a program participant’s 14 certification if the program participant’s application contains 15 false information. 16 Sec. 4. NEW SECTION . 9E.4 Use of designated address. 17 1. When a program participant presents the program 18 participant’s designated address to any person, that designated 19 address shall be accepted as the address of the program 20 participant. The person shall not require the program 21 participant to submit any other address that could be used 22 to physically locate the program participant either as a 23 substitute address or in addition to the designated address, 24 or as a condition of receiving a service or benefit, unless 25 the service or benefit would be impossible to provide without 26 knowledge of the program participant’s physical location. 27 2. A program participant may use the designated address as 28 the program participant’s work address. 29 3. The secretary shall forward all mail sent to the 30 designated address to the program participant. 31 4. The office of the secretary of state shall act as agent 32 of the program participant for purposes of service of process. 33 The secretary of state shall forward any service of process 34 received by the office of the secretary of state by certified 35 -4- LSB 1739HV (4) 86 rh/rj 4/ 12

H.F. 585 mail, return receipt requested to the designated address of the 1 program participant within three days of receipt in the office 2 of the secretary of state. A program participant shall either 3 accept or reject service of process and the secretary of state 4 shall notify the person initiating the service of process, 5 unless such person is not ascertainable from the service of 6 process documents, of the date of the program participant’s 7 acceptance or rejection of the service of process. The 8 date of service of the service of process is the date of the 9 participant’s acceptance or rejection. A program participant 10 who is unavailable for delivery or who fails to respond to 11 service of process shall be removed from the program. 12 5. If a program participant has notified a person in 13 writing, on a form prescribed by the secretary, that the 14 individual is a program participant and of the requirements 15 of this section, the person shall not knowingly disclose the 16 program participant’s address, unless any of the following: 17 a. The person to whom the address is disclosed also lives, 18 works, or goes to school at the address disclosed. 19 b. The program participant has provided written consent to 20 disclosure of the program participant’s name and address for 21 the purpose for which the disclosure will be made. 22 6. This section does not apply to documents or records 23 relating to real property. The secretary shall offer a program 24 participant information relating to the purchase of real 25 property utilizing limited liability companies, trusts, or 26 other legal entities in order to protect the participant’s 27 identity for purposes of this program when purchasing real 28 property. 29 Sec. 5. NEW SECTION . 9E.5 Voting by program participant —— 30 absentee ballot. 31 1. A program participant who is an eligible elector may 32 register to vote with the state commissioner of elections, 33 pursuant to section 48A.8, subsection 1. The name, address, 34 and telephone number of a program participant shall not be 35 -5- LSB 1739HV (4) 86 rh/rj 5/ 12

H.F. 585 listed in the statewide voter registration system. 1 2. a. A program participant who is otherwise eligible 2 to vote may annually register with the state commissioner 3 of elections as an absentee voter. As soon as practicable 4 before each election, the state commissioner of elections shall 5 determine the precinct in which the residential address of the 6 program participant is located and shall request and receive 7 from the county commissioner of elections the ballot for that 8 precinct and shall forward the absentee ballot to the program 9 participant with the other materials for absentee balloting as 10 required of the county commissioner of elections by section 11 53.8. 12 b. The program participant shall complete the ballot and 13 return it to the state commissioner of elections, who shall 14 review the ballot in the manner provided by sections 53.18 15 and 53.19. If the materials comply with the requirements 16 of section 53.18, the materials shall be certified by the 17 state commissioner of elections as the ballot of a program 18 participant, and shall be forwarded to the appropriate county 19 commissioner of elections for tabulation by the special voters 20 precinct election board appointed pursuant to section 53.23. 21 c. The state commissioner of elections, to the extent 22 practicable, shall administer this section in accordance with 23 the provisions of chapters 48A and 53 applicable to county 24 commissioners of elections. 25 Sec. 6. NEW SECTION . 9E.6 Confidentiality of information. 26 1. a. Except as otherwise provided in subsection 27 2, information collected, created, or maintained by the 28 secretary related to applicants, eligible persons, and program 29 participants is confidential unless otherwise ordered by a 30 court or released by the lawful custodian of the records 31 pursuant to state or federal law. 32 b. A program participant’s name and address maintained 33 by a local governmental body that is part of an ongoing 34 investigation or inspection of an alleged health code, 35 -6- LSB 1739HV (4) 86 rh/rj 6/ 12

H.F. 585 building code, fire code, or city ordinance violation 1 allegedly committed by the program participant is confidential 2 information. 3 2. Upon request from the department of public safety, 4 the secretary may share confidential information with the 5 department of public safety. Such confidential information 6 received by the department of public safety may be released 7 to a law enforcement agency upon verification that the 8 release will aid the law enforcement agency in responding to 9 an emergency situation, a criminal complaint, or an ongoing 10 investigation. 11 3. This section shall not be construed to prohibit the 12 dissemination of information relating to the program to any 13 agency or organization if necessary for carrying out the 14 official duties of the agency or organization, or to a person 15 if disseminated for an official purpose, or to any other person 16 if necessary to protect a person or property from a threat of 17 imminent serious harm. 18 4. If a program participant has notified the program 19 participant’s landlord in writing that the individual is a 20 program participant pursuant to this chapter, a local ordinance 21 or the landlord shall not allow the display of the program 22 participant’s name at an address otherwise protected under this 23 chapter. 24 5. This section shall not be construed to prohibit the 25 enforcement of a lease agreement between a program participant 26 and a program participant’s landlord. 27 Sec. 7. Section 48A.8, subsection 1, Code 2015, is amended 28 to read as follows: 29 1. An eligible elector may request that a voter registration 30 form be mailed to the elector. The completed form may be 31 mailed or delivered by the registrant or the registrant’s 32 designee to the commissioner in the county where the person 33 resides or to the state commissioner of elections for a 34 program participant, as provided in section 9E.5 . A separate 35 -7- LSB 1739HV (4) 86 rh/rj 7/ 12

H.F. 585 voter registration form shall be signed by each individual 1 registrant. 2 Sec. 8. Section 53.2, Code 2015, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 9. A registered voter who is a program 5 participant under section 9E.5 may register to vote as an 6 absentee voter with the state commissioner of elections 7 pursuant to section 9E.5, subsection 2. 8 Sec. 9. Section 252B.9, subsection 3, paragraph i, Code 9 2015, is amended by adding the following new subparagraph: 10 NEW SUBPARAGRAPH . (07) The unit receives notification that 11 an individual is a certified program participant as provided 12 in chapter 9E. 13 Sec. 10. Section 252B.9, subsection 3, paragraph i, 14 subparagraph (7), Code 2015, is amended to read as follows: 15 (7) The unit receives notification, as the result of a 16 request under section 252B.9A , of the existence of any finding, 17 order, safety plan, or founded allegation referred to in 18 subparagraphs (1) through (6) (07) of this paragraph. 19 Sec. 11. Section 602.8102, subsection 135A, Code 2015, is 20 amended to read as follows: 21 135A. Assess the surcharges provided by sections 911.1 , 22 911.2 , 911.2A , 911.2B, 911.3 , and 911.4 . 23 Sec. 12. Section 602.8108, Code 2015, is amended by adding 24 the following new subsection: 25 NEW SUBSECTION . 6A. The clerk of the district court 26 shall remit all moneys collected from the assessment of the 27 surcharges provided in sections 911.2B and 911.2C to the state 28 court administrator for transfer to the office of secretary of 29 state to defray the administrative costs associated with the 30 address confidentiality program established in chapter 9E. 31 Sec. 13. NEW SECTION . 911.2B Domestic abuse assault, 32 stalking, and sexual abuse victim surcharge. 33 1. In addition to any other surcharge, the court or clerk of 34 the district court shall assess a domestic abuse assault victim 35 -8- LSB 1739HV (4) 86 rh/rj 8/ 12

H.F. 585 surcharge of one hundred dollars if an adjudication of guilt or 1 a deferred judgment has been entered for a violation of section 2 708.2A, 708.11, or 709.1. 3 2. In the event of multiple offenses, the surcharge shall be 4 imposed for each applicable offense. 5 3. The surcharge shall be remitted by the clerk of court as 6 provided in section 602.8108, subsection 6A. 7 Sec. 14. NEW SECTION . 911.2C Domestic abuse protective 8 order contempt surcharge. 9 1. In addition to any other surcharge, the court or clerk 10 of the district court shall assess a domestic abuse protective 11 order contempt surcharge of fifty dollars against a defendant 12 who is held in contempt of court for violating a domestic abuse 13 protective order issued pursuant to chapter 236. 14 2. In the event of multiple violations, the surcharge shall 15 be imposed for each applicable violation. 16 3. The surcharge shall be remitted by the clerk of court as 17 provided in section 602.8108, subsection 6A. 18 Sec. 15. EFFECTIVE DATE. Except for the sections of this 19 Act amending sections 602.8102 and 602.8108 and enacting 20 sections 911.2B and 911.2C, imposing a domestic abuse assault, 21 stalking, and sexual abuse victim surcharge and a domestic 22 abuse protective order contempt surcharge, this Act takes 23 effect January 1, 2016. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill establishes an address confidentiality program 28 (program) in the office of the secretary of state (secretary) 29 for a victim of domestic abuse, domestic abuse assault, sexual 30 abuse, stalking, or human trafficking. 31 CERTIFICATION AND DESIGNATED ADDRESS. Under the bill, an 32 eligible person may submit an application for enrollment in 33 the program to the secretary with certain required information 34 including the applicant’s residential address. “Eligible 35 -9- LSB 1739HV (4) 86 rh/rj 9/ 12

H.F. 585 person” is defined as an Iowa resident who is an adult, a 1 minor, or an incapacitated person who is a victim of domestic 2 abuse, domestic abuse assault, sexual abuse, stalking, or 3 human trafficking, as defined in the bill, as evidenced by the 4 filing of a petition for a domestic abuse protective order or 5 a criminal complaint or information involving domestic abuse 6 assault, sexual abuse, stalking, or human trafficking. When 7 the secretary certifies the eligible person’s enrollment in the 8 program, the eligible person becomes a program participant for 9 a four-year enrollment period and the secretary assigns the 10 program participant a designated address. The secretary then 11 forwards all mail sent to the designated address to the program 12 participant at the program participant’s preferred address 13 for delivery of mail. When a program participant presents 14 the program participant’s designated address to any person, 15 that designated address shall be accepted as the address of 16 the program participant, unless a service or benefit received 17 by the program participant would be impossible to provide 18 without knowledge of the program participant’s actual physical 19 location. The secretary of state shall act as agent of the 20 program participant for purposes of service of process and the 21 bill contains a specific procedure for delivery of service of 22 process to a program participant and a program participant’s 23 acceptance or rejection of service of process. If a program 24 participant notifies a person in writing that the individual is 25 a program participant, the person is prohibited from knowingly 26 disclosing the program participant’s address unless certain 27 circumstances apply. The provisions in the bill relating to 28 the use of the designated address do not apply to documents or 29 records relating to real property and the secretary is required 30 to offer information to a program participant relating to the 31 purchase of real property utilizing alternative legal entities 32 to protect the program participant’s identity. 33 The bill provides that a governmental body or an entity 34 created pursuant to Code chapter 28E shall not be liable for 35 -10- LSB 1739HV (4) 86 rh/rj 10/ 12

H.F. 585 acts or omission relating to the administration of the program. 1 CERTIFICATION CANCELLATION. The bill specifies 2 circumstances under which the secretary may cancel a program 3 participant’s certification, including due to a legal name 4 change or a change in contact information, undeliverable mail, 5 eligibility requirement changes, false information in the 6 program participant’s application and failure on the part of 7 a program participant to accept or to respond to service of 8 process. 9 CONFIDENTIALITY. The bill provides that information 10 collected, created, or maintained by the secretary related 11 to applicants, eligible persons, and program participants is 12 confidential unless otherwise ordered by a court or released 13 by the lawful custodian of the records pursuant to state or 14 federal law. Upon request from the department of public 15 safety, the secretary may share confidential information 16 with the department of public safety for release to a law 17 enforcement agency upon verification that the release will 18 aid the law enforcement agency in responding to an emergency 19 situation, a criminal complaint, or an ongoing investigation. 20 In addition, if a program participant has notified the program 21 participant’s landlord in writing that the individual is a 22 program participant pursuant to the bill, a local ordinance 23 or the landlord shall not require the display of the program 24 participant’s name at an address otherwise protected under the 25 bill. The confidentiality provisions in the bill are not to be 26 construed to prohibit enforcement of a lease agreement between 27 a program participant and the participant’s landlord. 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 -11- LSB 1739HV (4) 86 rh/rj 11/ 12

H.F. 585 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 AND DOMESTIC ABUSE PROTECTIVE ORDER CONTEMPT 10 SURCHARGE. The bill creates a victim surcharge of $100 if an 11 adjudication of guilt or a deferred judgment has been entered 12 for the crime of domestic abuse assault and a domestic abuse 13 protective order contempt surcharge of $50 for a defendant who 14 is held in contempt of court for violating a domestic abuse 15 protective order. The clerk of the district court is directed 16 to remit all moneys collected from the surcharges for transfer 17 to the office of secretary of state to defray administrative 18 costs associated with the address confidentiality program 19 created in the bill. 20 CONFORMING CODE CHANGES —— CHILD SUPPORT RECOVERY UNIT. 21 The bill makes changes to certain provisions relating to the 22 disclosure of information in a child support recovery case 23 based upon information that a party is a program participant 24 under the bill. 25 EFFECTIVE DATE. The bill provides that except for the 26 provisions of the bill enacting the domestic abuse assault, 27 stalking, and sexual abuse victim surcharge and a domestic 28 abuse protective order contempt surcharge, the bill takes 29 effect January 1, 2016. 30 -12- LSB 1739HV (4) 86 rh/rj 12/ 12