Senate Study Bill 1134 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON DANIELSON) 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 or for a person in fear of the person’s safety or another 4 person’s safety. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1499XC (7) 86 rh/rj

S.F. _____ 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 post office box and lot 11 numbered assigned 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 a resident 17 of this state and who is an adult, a minor, or an incapacitated 18 person as defined in section 633.701, for whom there is good 19 reason to believe any of the following: 20 (1) The person is a victim of domestic abuse, domestic abuse 21 assault, sexual abuse, or stalking. 22 (2) The person fears for the person’s safety, the safety of 23 another person who resides in the same household, or the safety 24 of persons on whose behalf the application is made. 25 b. For purposes of this subsection, a person determined to 26 be a sexually violent predator pursuant to section 229A.7 or a 27 similar law of another state is not an eligible person. 28 7. “Mail” means first-class letters and flats delivered 29 via the United States postal service, including priority, 30 express, and certified mail, and excluding packages, 31 parcels, periodicals, and catalogues, unless they are clearly 32 identifiable as pharmaceuticals or clearly indicate that they 33 are sent by a state or county government agency. 34 8. “Program” means the address confidentiality program 35 -1- LSB 1499XC (7) 86 rh/rj 1/ 9

S.F. _____ established in this chapter. 1 9. “Program participant” means an individual certified by 2 the secretary as a program participant under section 9E.2. 3 10. “Secretary” means the secretary of state. 4 11. “Sexual abuse” means the same as defined in section 5 709.1. 6 12. “Stalking” means the same as defined in section 708.11. 7 Sec. 2. NEW SECTION . 9E.2 Address confidentiality program. 8 1. Application. The secretary shall certify an eligible 9 person as a program participant if the secretary receives an 10 application containing all of the following information: 11 a. The full legal name of the eligible person. 12 b. A statement by the applicant that the applicant has good 13 reason to believe any of the following: 14 (1) Either of the following: 15 (a) The eligible person listed on the application is a 16 victim of domestic abuse, domestic abuse assault, sexual abuse, 17 or stalking. 18 (b) The eligible person fears for the person’s safety, the 19 safety of another person who resides in the same household as 20 the eligible person, or the safety of persons on whose behalf 21 the application is made. 22 (2) The eligible person is not applying for certification as 23 a program participant in order to avoid prosecution. 24 c. A designation of the secretary as the agent for service 25 of process and for the purpose of receipt of mail. 26 d. The telephone number or telephone numbers where the 27 secretary can contact the applicant or eligible person. 28 e. The residential address of the eligible person, 29 disclosure of which could lead to an increased risk of domestic 30 abuse, domestic abuse assault, sexual abuse, or stalking. 31 f. If mail cannot be delivered to the residential address 32 of the eligible person, the address to which mail can be sent 33 to the eligible person. 34 g. A statement whether the eligible person would like 35 -2- LSB 1499XC (7) 86 rh/rj 2/ 9

S.F. _____ information on becoming an ongoing absentee ballot recipient 1 pursuant to section 9E.5. 2 h. A statement from the eligible person that gives 3 the secretary consent to confirm the eligible person’s 4 participation in the program to a third party. 5 i. The signature of the applicant indicating the applicant’s 6 authority to act on behalf of the eligible person, if 7 appropriate, and the name and signature of any individual or 8 representative of any person who assisted in the preparation 9 of the application. 10 j. The date the application was signed. 11 k. Any other information as required by the secretary 12 pursuant to rule. 13 2. Filing. Applications shall be filed with the secretary. 14 3. Certification. Upon filing a complete application, 15 the secretary shall certify the eligible person as a program 16 participant. A program participant shall be certified for four 17 years following the date the application is certified by the 18 secretary unless the certification is canceled, withdrawn, or 19 invalidated. The secretary shall establish by rule a renewal 20 procedure for recertification. 21 4. Changes in information. A program participant or an 22 applicant shall inform the secretary of any changes in the 23 program participant’s information submitted on the application. 24 5. Designated address. The secretary shall assign a 25 designated address to which all mail for a program participant 26 shall be sent. 27 6. Attaining age of majority. An individual who was a minor 28 when the person was certified as a program participant is 29 responsible for changes in information and renewal after the 30 individual reaches the age of eighteen. 31 Sec. 3. NEW SECTION . 9E.3 Certification cancellation. 32 1. If the program participant obtains a legal change of 33 identity, the program participant shall be decertified as a 34 program participant. 35 -3- LSB 1499XC (7) 86 rh/rj 3/ 9

S.F. _____ 2. The secretary may cancel a program participant’s 1 certification under any of the following circumstances: 2 a. The program participant’s legal name or contact 3 information changes, unless the program participant provides 4 the secretary with prior written notice of the name change or 5 contact information. 6 b. Mail forwarded by the secretary to the program 7 participant’s address is returned as undeliverable by the 8 United States postal service. 9 c. The program participant is no longer eligible for the 10 program. 11 3. The secretary shall cancel a program participant’s 12 certification if the program participant’s application contains 13 false information. 14 Sec. 4. NEW SECTION . 9E.4 Use of designated address. 15 1. When a program participant presents the program 16 participant’s designated address to any person, that designated 17 address shall be accepted as the address of the program 18 participant. The person shall not require the program 19 participant to submit any other address that could be used 20 to physically locate the program participant either as a 21 substitute address or in addition to the designated address, 22 or as a condition of receiving a service or benefit, unless 23 the service or benefit would be impossible to provide without 24 knowledge of the program participant’s physical location. 25 2. A program participant may use the designated address as 26 the program participant’s work address. 27 3. The secretary shall forward all mail sent to the 28 designated address to the program participant. 29 4. If a program participant has notified a person in 30 writing, on a form prescribed by the secretary, that the 31 individual is a program participant and of the requirements 32 of this section, the person shall not knowingly disclose the 33 program participant’s address, unless any of the following: 34 a. The person to whom the address is disclosed also lives, 35 -4- LSB 1499XC (7) 86 rh/rj 4/ 9

S.F. _____ works, or goes to school at the address disclosed. 1 b. The program participant has provided written consent to 2 disclosure of the program participant’s name and address for 3 the purpose for which the disclosure will be made. 4 Sec. 5. NEW SECTION . 9E.5 Voting by program participant —— 5 absentee ballot. 6 1. A program participant who is an eligible elector may 7 register to vote with the state commissioner of elections, 8 pursuant to section 48A.8, subsection 1. The name, address, 9 and telephone number of a program participant shall not be 10 listed in the statewide voter registration system. 11 2. a. A program participant who is otherwise eligible to 12 vote may register with the state commissioner of elections as 13 a permanent absentee voter under this section by submitting a 14 permanent absentee voter application. As soon as practicable 15 before each election, the state commissioner of elections shall 16 determine the precinct in which the residential address of the 17 program participant is located and shall request and receive 18 from the county commissioner of elections the ballot for that 19 precinct and shall forward the absentee ballot to the program 20 participant with the other materials for absentee balloting as 21 required of the county commissioner of elections by section 22 53.8. 23 b. The program participant shall complete the ballot and 24 return it to the state commissioner of elections, who shall 25 review the ballot in the manner provided by sections 53.18 26 and 53.19. If the materials comply with the requirements 27 of section 53.18, the materials shall be certified by the 28 state commissioner of elections as the ballot of a program 29 participant, and shall be forwarded to the appropriate county 30 commissioner of elections for tabulation by the special voters 31 precinct election board appointed pursuant to section 53.23. 32 Sec. 6. NEW SECTION . 9E.6 Confidentiality of information. 33 1. a. Except as otherwise provided in subsection 34 2, information collected, created, or maintained by the 35 -5- LSB 1499XC (7) 86 rh/rj 5/ 9

S.F. _____ secretary related to applicants, eligible persons, and program 1 participants is confidential unless otherwise ordered by a 2 court or released by the lawful custodian of the records 3 pursuant to state or federal law. 4 b. A program participant’s name and address maintained 5 by a local governmental body that is part of an ongoing 6 investigation or inspection of an alleged health code, 7 building code, fire code, or city ordinance violation 8 allegedly committed by the program participant is confidential 9 information. 10 2. Upon request from the department of public safety, 11 the secretary may share confidential information with the 12 department of public safety. Such confidential information 13 received by the department of public safety may be released 14 to a law enforcement agency upon verification that the 15 release will aid the law enforcement agency in responding to 16 an emergency situation, a criminal complaint, or an ongoing 17 investigation. 18 3. This section shall not be construed to prohibit the 19 dissemination of information relating to the program to any 20 agency or organization if necessary for carrying out the 21 official duties of the agency or organization, or to a person 22 if disseminated for an official purpose, or to any other person 23 if necessary to protect a person or property from a threat of 24 imminent serious harm. 25 4. If a program participant has notified the program 26 participant’s landlord in writing that the individual is a 27 program participant pursuant to this chapter, a local ordinance 28 or the landlord shall not require the display of the program 29 participant’s name at an address otherwise protected under this 30 chapter. 31 Sec. 7. Section 48A.8, subsection 1, Code 2015, is amended 32 to read as follows: 33 1. An eligible elector may request that a voter registration 34 form be mailed to the elector. The completed form may be 35 -6- LSB 1499XC (7) 86 rh/rj 6/ 9

S.F. _____ mailed or delivered by the registrant or the registrant’s 1 designee to the commissioner in the county where the person 2 resides or to the state commissioner of elections, as provided 3 in section 9E.5 . A separate voter registration form shall be 4 signed by each individual registrant. 5 Sec. 8. Section 53.2, Code 2015, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 9. A registered voter who is a program 8 participant under section 9E.5 may register to vote as a 9 permanent absentee voter with the state commissioner of 10 elections pursuant to section 9E.5, subsection 2. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill establishes an address confidentiality program 15 (program) in the office of the secretary of state (secretary) 16 for a victim of domestic abuse, domestic abuse assault, sexual 17 abuse, or stalking or for a person in fear of the person’s 18 safety or another person’s safety. 19 CERTIFICATION AND DESIGNATED ADDRESS. Under the bill, an 20 eligible person may submit an application for enrollment in 21 the program to the secretary with certain required information 22 including the applicant’s residential address. “Eligible 23 person” is defined as an Iowa resident who is an adult, a 24 minor, or an incapacitated person for whom there is good reason 25 to believe the person is a victim of domestic abuse, domestic 26 abuse assault, sexual abuse, or stalking, as defined in the 27 bill, or a person who fears for the person’s safety, the safety 28 of another person who resides in the person’s household, or 29 the safety of persons on whose behalf the application is 30 made. When the secretary certifies the eligible person’s 31 enrollment in the program, the eligible person becomes a 32 program participant for a four-year enrollment period and 33 the secretary assigns the program participant a designated 34 address. The secretary then forwards all mail sent to the 35 -7- LSB 1499XC (7) 86 rh/rj 7/ 9

S.F. _____ designated address to the program participant at the program 1 participant’s preferred address for delivery of mail. When 2 a program participant presents the program participant’s 3 designated address to any person, that designated address 4 shall be accepted as the address of the program participant, 5 unless a service or benefit received by the program participant 6 would be impossible to provide without knowledge of the 7 program participant’s actual physical location. If a program 8 participant notifies a person in writing that the individual is 9 a program participant, the person is prohibited from knowingly 10 disclosing the program participant’s address unless certain 11 circumstances apply. 12 CERTIFICATION CANCELLATION. The bill specifies 13 circumstances under which the secretary may cancel a program 14 participant’s certification, including due to a legal name 15 change or a change in contact information, undeliverable mail, 16 eligibility requirement changes, and false information in the 17 program participant’s application. If the program participant 18 obtains a legal change of identity, the program participant 19 shall be decertified by the secretary as a program participant. 20 CONFIDENTIALITY. The bill provides that information 21 collected, created, or maintained by the secretary related 22 to applicants, eligible persons, and program participants is 23 confidential unless otherwise ordered by a court or released 24 by the lawful custodian of the records pursuant to state or 25 federal law. Upon request from the department of public 26 safety, the secretary may share confidential information 27 with the department of public safety for release to a law 28 enforcement agency upon verification that the release will 29 aid the law enforcement agency in responding to an emergency 30 situation, a criminal complaint, or an ongoing investigation. 31 In addition, if a program participant has notified the program 32 participant’s landlord in writing that the individual is a 33 program participant pursuant to the bill, a local ordinance 34 or the landlord shall not require the display of the program 35 -8- LSB 1499XC (7) 86 rh/rj 8/ 9

S.F. _____ participant’s name at an address otherwise protected under the 1 bill. 2 VOTING BY PROGRAM PARTICIPANT. The bill provides that a 3 program participant who is an eligible elector may register 4 to vote with the state commissioner of elections, although 5 the name, residential address, and telephone number of a 6 program participant shall not be listed in the statewide voter 7 registration system. A program participant who is otherwise 8 eligible to vote may register with the state commissioner of 9 elections as a permanent absentee voter. If the materials 10 comply with the requirements of that section, the materials 11 shall be certified by the state commissioner of elections as 12 the ballot of a program participant, and shall be forwarded to 13 the appropriate county commissioner of elections for tabulation 14 by the special voters precinct election board. The bill makes 15 conforming changes to voter registration provisions. 16 -9- LSB 1499XC (7) 86 rh/rj 9/ 9