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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 - 2000
IN 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 violence by providing them a place to escape the
34 destructive environment and 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, an part-time administrator, 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-
16 ulations and 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