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H0661................................by JUDICIARY, RULES AND ADMINISTRATION DOMESTIC VIOLENCE AND VICTIM ASSISTANCE COUNCIL - Amends existing law relating to the Council on Domestic Violence to clarify legislative policy; to change the name of the Council on Domestic Violence to the Idaho Council on Domestic Violence and Victim Assistance; and to clarify the role of the council and its duties regarding domestic violence grants. 02/22 House intro - 1st rdg - to printing 02/23 Rpt prt - to Jud 03/08 Rpt out - rec d/p - to 2nd rdg 03/09 2nd rdg - to 3rd rdg 03/14 3rd rdg - PASSED - 69-0-1 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Black Floor Sponsor - Boe Title apvd - to Senate 03/15 Senate intro - 1st rdg - to Jud 03/27 Rpt out - rec d/p - to 2nd rdg 03/28 2nd rdg - to 3rd rdg 03/30 3rd rdg - PASSED - 30-2-3 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Parry, Richardson, Riggs, Risch, Sandy, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS--Hawkins, Whitworth Absent and excused--Danielson, McLaughlin, Schroeder Floor Sponsor - Ingram Title apvd - to House 03/31 To enrol 04/03 Rpt enrol - Sp signed 04/04 Pres signed - to Governor 04/14 Governor signed Session Law Chapter 343 Effective: 07/01/00
H0661|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 661 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO THE COUNCIL ON DOMESTIC VIOLENCE; AMENDING SECTION 39-5201, IDAHO 3 CODE, TO CLARIFY LEGISLATIVE POLICY; AMENDING SECTION 39-5202, IDAHO CODE, 4 TO PROVIDE A REFERENCE TO THE COUNCIL ON DOMESTIC VIOLENCE AND VICTIM 5 ASSISTANCE; AMENDING SECTION 39-5203, IDAHO CODE, TO CHANGE THE NAME OF 6 THE COUNCIL ON DOMESTIC VIOLENCE TO THE IDAHO COUNCIL ON DOMESTIC VIOLENCE 7 AND VICTIM ASSISTANCE AND TO CLARIFY THE ROLE OF THE COUNCIL; AMENDING 8 SECTION 39-5207, IDAHO CODE, TO PROVIDE FOR AN ADMINISTRATOR; AMENDING 9 SECTION 39-5208, IDAHO CODE, TO CLARIFY THAT THE COUNCIL SHALL RECEIVE 10 GRANT APPLICATIONS FOR PROJECTS FOR VICTIMS OF DOMESTIC VIOLENCE AND CER- 11 TAIN OTHER CRIMES; AMENDING SECTION 39-5209, IDAHO CODE, TO PROVIDE RULE- 12 MAKING AUTHORITY GOVERNING ADDITIONAL GRANT PROGRAMS AND TO MAKE A TECHNI- 13 CAL CORRECTION; AMENDING SECTION 39-5210, IDAHO CODE, TO CLARIFY APPLICA- 14 TION TO DOMESTIC VIOLENCE GRANTS; AMENDING SECTION 39-5211, IDAHO CODE, TO 15 PROVIDE A REFERENCE TO DOMESTIC VIOLENCE GRANTS; AND AMENDING SECTION 16 39-5212, IDAHO CODE, TO PROVIDE A REFERENCE TO THE IDAHO COUNCIL ON DOMES- 17 TIC VIOLENCE AND VICTIM ASSISTANCE. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That Section 39-5201, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 39-5201. DECLARATION OF POLICY. The legislature finds that domestic vio- 22 lence is an issue of growing concern. Research findings show that domestic 23 violence constitutes a significant percentage of homicides, aggravated 24 assaults, and assaults and batteries in the United States. Domestic violence 25 is a disruptive influence on personal and community life and is often interre- 26 lated with a number of other family problems and stresses. Refuge for victims 27 of domestic violence is essential to provide protection to victims from fur- 28 ther abuse and physical harm. Refuge provides temporary safety and resources 29 to victims who may not have access to such things if they remain in abusive 30 situations. 31 It is the purpose of the legislature in the adoption of this chapter to 32 provide funding for projects in the several areas of the state for the purpose 33 of aiding victims of domestic violenceby providing them a place to escape the34destructive environmentand other crimes. 35 It is understood that the intention of the provisions of this chapter is 36 not to supersede the authority or responsibilities of agencies of state gov- 37 ernment responsible for providing services to persons pursuant to the child 38 protective act, crime victims compensation act or adult protective provisions 39 in the Idaho Code. 40 SECTION 2. That Section 39-5202, Idaho Code, be, and the same is hereby 41 amended to read as follows: 2 1 39-5202. DEFINITIONS. As used in this chapter: 2 (1) "Domestic violence" means the physical injury, sexual abuse or forced 3 imprisonment or threat thereof of a family or household member. 4 (2) "Family or household member" means one who is related by blood, mar- 5 riage, or who resides or has resided with or has been married to the person 6 committing the domestic violence. 7 (3) "Safe house" means a place available on an as needed basis for tempo- 8 rary residence to victims of domestic violence and their children. 9 (4) "Refuge" means a place available on a twenty-four (24) hour, seven 10 (7) days a week basis, to provide temporary residence to victims of domestic 11 violence and their children. 12 (5) "Crisis line" means an emergency twenty-four (24) hour telephone ser- 13 vice staffed by persons able to provide information and referral to community 14 services. 15 (6) "Council" means the Idaho council on domestic violence and victim 16 assistance created in section 39-5203, Idaho Code. 17 SECTION 3. That Section 39-5203, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 39-5203. COUNCIL ON DOMESTIC VIOLENCE AND VICTIM ASSISTANCE. (1) The 20 Idaho council on domestic violence and victim assistance is hereby estab- 21 lished. The council shall be the advisory body for programs and services 22 affecting victims of domestic violence and other crimes in Idaho. 23 (2) For budgetary purposes and for administrative support purposes, the 24 council shall be assigned, by the governor, to a department or office within 25 the state government. 26 SECTION 4. That Section 39-5207, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 39-5207. ORGANIZATION OF COUNCIL -- EMPLOYMENT OF NECESSARY PERSONNEL. 29 (1) The council shall annually designate one (1) of its members to serve as 30 chairman and one (1) member to serve as vice chairman, who shall act as chair- 31 man in the chairman's absence. The chairman shall call meetings as provided in 32 the rules of the council. 33 (2) The council shall adopt and amend rules governing its proceedings, 34 activities and organization including, but not limited to, provisions govern- 35 ing a quorum, procedure, frequency and location of meetings, and establish- 36 ment, functions and membership of council committees. 37 (3) The council may employ and shall fix the compensation, subject to 38 provisions of chapter 53, title 67, Idaho Code, of such personnel as may be 39 necessary including, but not limited to, anpart-timeadministrator, who shall 40 be designated as the executive director of the council and who shall be exempt 41 from the provisions of chapter 53, title 67, Idaho Code. 42 SECTION 5. That Section 39-5208, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 39-5208. RESPONSIBILITIES AND DUTIES. The council shall: 45 (1) Establish standards for projects applying for grants from the council 46 under this chapter; 47 (2) Disseminate information on availability of funds and the application 48 process; 49 (3) Receive grant applications for the development and establishment of 3 1 projects for victims of domestic violence and certain other crimes; 2 (4) Distribute funds after approval of projects meeting council stan- 3 dards; 4 (5) Assess, review and monitor the services and programs being provided 5 for victims of domestic violence and other crimes under this chapter; 6 (6) Monitor programs and services for victims of domestic violence and 7 other crimes to assure nonduplication of services and to encourage efficient 8 and coordinated use of resources in the provision of services; 9 (7) Compile data on the services and programs provided to victims of 10 domestic violence and other crimes and the geographic incidence of domestic 11 violence and other crimes in this state; and 12 (8) Submit annual reports to the governor and the legislature. 13 SECTION 6. That Section 39-5209, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 39-5209. RULES. The council shall promulgate, adopt and amend rules, reg-16ulationsand criteria to implement the provisions of this chapter regarding 17 applications and grants for domestic violence project funding and for funding 18 under any other grant program administered by the council. Such promulgation, 19 adoption and amendment shall be in compliance with the provisions of chapter 20 52, title 67, Idaho Code. 21 SECTION 7. That Section 39-5210, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 39-5210. ELIGIBLE PROJECTS. To be eligible for domestic violence grants 24 pursuant to this chapter, a project must provide a safe house or refuge and a 25 crisis line, except in the case of a project providing services to batterers. 26 No funds may be granted to batterer programs from the domestic violence proj- 27 ect account which are derived from marriage license or divorce fees. Other 28 services which may be provided include, but are not limited to: 29 (1) Counseling; 30 (2) Educational services for community awareness, for prevention of 31 domestic violence and for the care, treatment and rehabilitation of parties to 32 domestic violence; 33 (3) Support groups; 34 (4) Assistance in obtaining legal, medical, psychological or vocational 35 services. 36 SECTION 8. That Section 39-5211, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 39-5211. QUALIFICATIONS OF APPLICANTS. To qualify for domestic violence 39 grants under the provisions of this chapter, an applicant must: 40 (1) Propose to operate and provide an eligible project; 41 (2) Be a private, nonprofit corporation of the state of Idaho, or a pub- 42 lic entity of the state of Idaho; 43 (3) Provide matching moneys equal to twenty-five percent (25%) of the 44 amount of the grant. The applicant may contribute to or provide the required 45 local matching funds. The value of in-kind contributions and volunteer labor 46 from the community may be computed and included as part of the local matching 47 requirement; 48 (4) Require persons employed by or volunteering services to the project 49 to maintain the confidentiality of any information that would identify indi- 4 1 viduals served by the project; such information identifying individuals served 2 by the project shall be subject to disclosure according to chapter 3, title 3 9, Idaho Code; 4 (5) Require victims to reimburse the project monetarily or through volun- 5 teer efforts for services provided as they are able to do so. Minimum reim- 6 bursement may be established by the council, with a sliding scale of reim- 7 bursement based on the victim's ability to pay; 8 (6) Provide a policy of nondiscrimination in its admissions and provision 9 of services on the basis of race, religion, gender, color, age, marital sta- 10 tus, national origin or ancestry. 11 SECTION 9. That Section 39-5212, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 39-5212. DOMESTIC VIOLENCE PROJECT ACCOUNT. There is hereby created in 14 the state operating fund the domestic violence project account. Moneys 15 received from the fees imposed by section 39-5213, Idaho Code, and section 16 39-6312, Idaho Code, shall be credited to the account and shall be perpetually 17 appropriated to the council on domestic violence and victim assistance for 18 grants for domestic violence projects and to meet the costs of maintaining the 19 operation of the council. 20 Eligible projects shall be given priority by the council based upon an 21 allocation of funds to projects in the seven (7) substate regions established 22 pursuant to section 39-104, Idaho Code, in the proportion that marriage 23 licenses are filed in each region.
STATEMENT OF PURPOSE RS 09452C1 The purpose of this legislation is to have the name of the Governor's council reflect what the council does and has done since 1984. This name change reflects the council's work with victim areas other than domestic violence, such as drunk driving, sexual assault, child abuse, victims' rights and other victim issues. FISCAL IMPACT The costs of the name change will be absorbed within the council's budget. CONTACT: Celia Heady Council on Domestic Violence 208/334-5580 STATEMENT OF PURPOSE/ FISCAL NOTE H 661