2000 Legislation
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HOUSE BILL NO. 661 – Domestic violence/victim asst cncl

HOUSE BILL NO. 661

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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

Bill Text


 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 / Fiscal Impact


     
                           
                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