Print Friendly HOUSE BILL NO. 501
– Victims/certain/address confidentl
HOUSE BILL NO. 501
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H0501................................by JUDICIARY, RULES AND ADMINISTRATION
VICTIMS OF VIOLENCE - Adds to existing law relating to address
confidentiality for victims of violence; to provide a procedure for an
address confidentiality program; and to provide penalty provisions relating
to falsely attested applications.
02/08 House intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
02/22 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 63-0-7
AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Henbest,
Henderson, Jaquet, Killen, King, Kren, Lake, LeFavour, Loertscher,
Marriott, Mathews, McGeachin, Mortimer, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ringo, Roberts, Ruchti, Rusche,
Sayler, Schaefer, Shepherd(02), Shepherd(08), Shirley, Shively,
Smith(24), Smith(30)(Stanek), Snodgrass, Stevenson, Thayn, Thomas,
Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Clark, Harwood, Labrador, Luker, Moyle,
Floor Sponsors - Ringo & Trail
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to Jud
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Broadsword, Burkett, Cameron,
Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Bilyeu, Jorgenson
Floor Sponsor - Hill
Title apvd - to House
03/17 To enrol - Rpt enrol - Sp signed
03/18 Pres signed - To Governor
03/20 Governor signed
Session Law Chapter 232
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 501
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO ADDRESS CONFIDENTIALITY FOR VICTIMS OF VIOLENCE; AMENDING TITLE
3 19, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 57, TITLE 19, IDAHO CODE,
4 TO PROVIDE A PURPOSE, TO DEFINE TERMS, TO PROVIDE A PROCEDURE FOR AN
5 ADDRESS CONFIDENTIALITY PROGRAM AND TO PROVIDE PENALTY PROVISIONS RELATING
6 TO FALSELY ATTESTED APPLICATIONS, TO PROVIDE FOR CERTIFICATION CANCELLA-
7 TION, TO PROVIDE FOR USE OF DESIGNATED ADDRESSES, TO PROHIBIT THE DISCLO-
8 SURE OF RECORDS AND TO PROVIDE EXCEPTIONS, TO PROVIDE FOR IMMUNITY FROM
9 LIABILITY AND TO AUTHORIZE THE SECRETARY OF STATE TO PROMULGATE CERTAIN
10 RULES; AND AMENDING SECTION 9-340C, IDAHO CODE, TO PROVIDE THAT CERTAIN
11 RECORDS IN AN ADDRESS CONFIDENTIALITY PROGRAM PARTICIPANT'S FILE ARE
12 EXEMPT FROM DISCLOSURE AND TO PROVIDE EXCEPTIONS.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Title 19, Idaho Code, be, and the same is hereby amended
15 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
16 ter 57, Title 19, Idaho Code, and to read as follows:
17 CHAPTER 57
18 ADDRESS CONFIDENTIALITY FOR VICTIMS OF VIOLENCE
19 19-5701. PURPOSE. The legislature finds that persons attempting to escape
20 from actual or threatened domestic violence, sexual assault or malicious
21 harassment frequently establish new addresses in order to prevent their
22 assailants or probable assailants from finding them. The purpose of this chap-
23 ter is to enable state and local agencies to respond to requests for public
24 records without disclosing the location of a victim of domestic violence, sex-
25 ual assault or stalking, to enable interagency cooperation with the secretary
26 of state in providing address confidentiality for victims of domestic vio-
27 lence, sexual assault or stalking, and to enable state and local agencies to
28 accept a program participant's use of an address designated by the secretary
29 of state as a substitute mailing address.
30 19-5702. DEFINITIONS. Unless the context clearly requires otherwise, for
31 purposes of this chapter the following terms have the following meanings:
32 (1) "Address" means a residential street address of an individual as
33 specified on the individual's application to be a program participant under
34 this chapter.
35 (2) "Program participant" means:
36 (a) An individual who has obtained an order of protection pursuant to
37 section 39-6306, Idaho Code, after a hearing for which the defendant in
38 the proceeding received notice; or
39 (b) An individual who has obtained a certification from a prosecutor
40 stating that the individual is the victim of a crime in which the defend-
41 ant has been charged pursuant to section 18-918, 18-1506, 18-1508,
1 18-1508A, 18-6101, 18-7902, 18-7905 or 18-7906, Idaho Code, or in which
2 the defendant is charged with attempt to commit any of the foregoing
4 19-5703. ADDRESS CONFIDENTIALITY PROGRAM -- APPLICATION -- CERTIFICATION.
5 (1) An adult person, a parent or a guardian acting on behalf of a minor, or a
6 guardian appointed pursuant to section 15-5-304, Idaho Code, acting on behalf
7 of an incapacitated person, may apply to the secretary of state to have an
8 address designated by the secretary of state serve as the person's address or
9 the address of the minor or incapacitated person. The secretary of state shall
10 approve an application if it is filed in the manner and on the form prescribed
11 by the secretary of state and if it contains:
12 (a) A sworn statement by the applicant that the applicant has good reason
13 to believe:
14 (i) That the applicant, or the minor or incapacitated person on
15 whose behalf the application is made, is a victim of domestic vio-
16 lence, stalking, rape or malicious harassment, or any other crime
17 listed in section 19-5702(2)(b), Idaho Code; and
18 (ii) That the applicant fears for his or her safety or his or her
19 children's safety, or the safety of the minor or incapacitated person
20 on whose behalf the application is made.
21 (b) A certified copy of a domestic protection order issued pursuant to
22 section 39-6306, Idaho Code, or a certified statement from a prosecutor
23 stating that the individual is a victim of crime as provided in subsection
24 (2)(b) of section 19-5702, Idaho Code.
25 (c) A designation of the secretary of state as agent for purposes of ser-
26 vice of process and for the purpose of receipt of mail.
27 (d) The mailing address where the applicant can be contacted by the sec-
28 retary of state, and the telephone number or numbers where the applicant
29 can be called by the secretary of state.
30 (e) The address or addresses that the applicant requests not be dis-
32 (2) Applications shall be filed with the office of the secretary of
34 (3) Upon filing a properly completed application, the secretary of state
35 shall certify the applicant as a program participant. Applicants shall be cer-
36 tified for four (4) years following the date of filing unless the certifica-
37 tion is withdrawn or invalidated before that date. The application may be
38 renewed at the end of four (4) years.
39 (4) A person who falsely attests in an application that disclosure of the
40 applicant's address would endanger the applicant's safety or the safety of the
41 applicant's children, or the minor or incapacitated person on whose behalf the
42 application is made, or who knowingly provides false or incorrect information
43 upon making an application, shall be punishable under section 18-5414, Idaho
44 Code, or other applicable statutes.
45 19-5704. CERTIFICATION CANCELLATION. (1) The secretary of state may can-
46 cel a program participant's certification if there is a change in the name or
47 residential address from that listed on the application, unless the program
48 participant provides the secretary of state with seven (7) days' prior notice
49 of the change of name or address.
50 (2) The secretary of state may cancel certification of a program partici-
51 pant if mail forwarded by the secretary to the program participant's address
52 is returned as nondeliverable.
53 (3) The secretary of state may cancel certification of a program partici-
1 pant who applies using false information.
2 19-5705. USE OF DESIGNATED ADDRESS. (1) A program participant may request
3 that state and local agencies use the address designated by the secretary of
4 state as his or her address. When creating a new public record, state and
5 local agencies shall accept the address designated by the secretary of state
6 as a program participant's substitute address, unless the agency shows that:
7 (a) The agency has a bona fide statutory or administrative requirement
8 for the use of a program participant's address which would otherwise be
9 confidential under this chapter;
10 (b) The program participant's address will be used only for those statu-
11 tory and administrative purposes; and
12 (c) The agency takes reasonable precautions to protect the confidential-
13 ity of the program participant.
14 (2) A program participant may use the address designated by the secretary
15 of state as his or her work address.
16 (3) The office of the secretary of state shall forward all first class
17 mail to the appropriate program participant.
18 19-5706. DISCLOSURE OF RECORDS PROHIBITED -- EXCEPTIONS. Notwithstanding
19 any other provision of state law, the secretary of state shall not make any
20 records in a program participant's file available for inspection or copying,
21 other than the address designated by the secretary of state, except under the
22 following circumstances:
23 (1) If requested by a law enforcement agency, to the law enforcement
24 agency; or
25 (2) If directed by a court order, to a person identified in the order.
26 19-5707. IMMUNITY FROM LIABILITY. Neither a governmental entity nor its
27 employees, while acting within the course and scope of their employment and
28 without malice or criminal intent, shall be liable under the Idaho tort claims
29 act, chapter 9, title 6, Idaho Code, for any injury resulting from the release
30 of confidential information under this act.
31 19-5708. ADOPTION OF RULES. The secretary of state may adopt rules to
32 facilitate the administration of this chapter by state and local agencies.
33 SECTION 2. That Section 9-340C, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL
36 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records
37 are exempt from disclosure:
38 (1) Except as provided in this subsection, all personnel records of a
39 current or former public official other than the public official's public ser-
40 vice or employment history, classification, pay grade and step, longevity,
41 gross salary and salary history, status, workplace and employing agency. All
42 other personnel information relating to a public employee or applicant includ-
43 ing, but not limited to, information regarding sex, race, marital status,
44 birth date, home address and telephone number, applications, testing and
45 scoring materials, grievances, correspondence and performance evaluations,
46 shall not be disclosed to the public without the employee's or applicant's
47 written consent. Names of applicants to classified or merit system positions
48 shall not be disclosed to the public without the applicant's written consent.
49 Disclosure of names as part of a background check is permitted. Names of the
1 five (5) final applicants to all other positions shall be available to the
2 public. If such group is less than five (5) finalists, then the entire list of
3 applicants shall be available to the public. A public official or authorized
4 representative may inspect and copy his personnel records, except for material
5 used to screen and test for employment.
6 (2) Retired employees' and retired public officials' home addresses, home
7 telephone numbers and other financial and nonfinancial membership records;
8 active and inactive member financial and membership records and mortgage port-
9 folio loan documents maintained by the public employee retirement system.
10 Financial statements prepared by retirement system staff, funding agents and
11 custodians concerning the investment of assets of the public employee retire-
12 ment system of Idaho are not considered confidential under this chapter.
13 (3) Information and records submitted to the Idaho state lottery for the
14 performance of background investigations of employees, lottery retailers and
15 major procurement contractors; audit records of lottery retailers, vendors and
16 major procurement contractors submitted to or performed by the Idaho state
17 lottery; validation and security tests of the state lottery for lottery games;
18 business records and information submitted pursuant to sections 67-7412(8) and
19 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information
20 obtained and held for the purposes of lottery security and investigative
21 action as determined by lottery rules unless the public interest in disclosure
22 substantially outweighs the private need for protection from public disclo-
24 (4) Records of a personal nature as follows:
25 (a) Records of personal debt filed with a public agency or independent
26 public body corporate and politic pursuant to law;
27 (b) Personal bank records compiled by a public depositor for the purpose
28 of public funds transactions conducted pursuant to law;
29 (c) Records of ownership of financial obligations and instruments of a
30 public agency or independent public body corporate and politic, such as
31 bonds, compiled by the public agency or independent public body corporate
32 and politic pursuant to law;
33 (d) Records, with regard to the ownership of, or security interests in,
34 registered public obligations;
35 (e) Vital statistics records; and
36 (f) Military records as described in and pursuant to section 65-301,
37 Idaho Code.
38 (5) Information in an income or other tax return measured by items of
39 income or sales, which is gathered by a public agency for the purpose of
40 administering the tax, except such information to the extent disclosed in a
41 written decision of the tax commission pursuant to a taxpayer protest of a
42 deficiency determination by the tax commission, under the provisions of sec-
43 tion 63-3045B, Idaho Code.
44 (6) Records of a personal nature related directly or indirectly to the
45 application for and provision of statutory services rendered to persons apply-
46 ing for public care for the elderly, indigent, or mentally or physically hand-
47 icapped, or participation in an environmental or a public health study, pro-
48 vided the provisions of this subsection making records exempt from disclosure
49 shall not apply to the extent that such records or information contained in
50 those records are necessary for a background check on an individual that is
51 required by federal law regulating the sale of firearms, guns or ammunition.
52 (7) Employment security information and unemployment insurance benefit
53 information, except that all interested parties may agree to waive the exemp-
54 tion unless access to the information by the parties is restricted by subsec-
55 tion (3)(a), (3)(b) or (3)(d) of section 9-342, Idaho Code. Notwithstanding
1 the provisions of section 9-342, Idaho Code, a person may not review identify-
2 ing information concerning an informant who reported to the department of
3 labor a suspected violation by the person of the employment security law,
4 chapter 13, title 72, Idaho Code, under an assurance of confidentiality. As
5 used in this section, "employment security information" means any information
6 descriptive of an identifiable person or persons that is received by, recorded
7 by, prepared by, furnished to or collected by the department of labor or the
8 industrial commission in the administration of the employment security law.
9 (8) Any personal records, other than names, business addresses and busi-
10 ness phone numbers, such as parentage, race, religion, sex, height, weight,
11 tax identification and social security numbers, financial worth or medical
12 condition submitted to any public agency or independent public body corporate
13 and politic pursuant to a statutory requirement for licensing, certification,
14 permit or bonding.
15 (9) Unless otherwise provided by agency rule, information obtained as
16 part of an inquiry into a person's fitness to be granted or retain a license,
17 certificate, permit, privilege, commission or position, private association
18 peer review committee records authorized in title 54, Idaho Code. Any agency
19 which has records exempt from disclosure under the provisions of this subsec-
20 tion shall annually make available a statistical summary of the number and
21 types of matters considered and their disposition.
22 (10) The records, findings, determinations and decisions of any prelitiga-
23 tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
24 (11) Complaints received by the board of medicine and investigations and
25 informal proceedings, including informal proceedings of any committee of the
26 board of medicine, pursuant to chapter 18, title 54, Idaho Code, and rules
27 adopted thereunder.
28 (12) Records of the department of health and welfare or a public health
29 district that identify a person infected with a reportable disease.
30 (13) Records of hospital care, medical records, including prescriptions,
31 drug orders, records or any other prescription information that specifically
32 identifies an individual patient, prescription records maintained by the board
33 of pharmacy under sections 37-2726 and 37-2730A, Idaho Code, records of psy-
34 chiatric care or treatment and professional counseling records relating to an
35 individual's condition, diagnosis, care or treatment, provided the provisions
36 of this subsection making records exempt from disclosure shall not apply to
37 the extent that such records or information contained in those records are
38 necessary for a background check on an individual that is required by federal
39 law regulating the sale of firearms, guns or ammunition.
40 (14) Information collected pursuant to the directory of new hires act,
41 chapter 16, title 72, Idaho Code.
42 (15) Personal information contained in motor vehicle and driver records
43 that is exempt from disclosure under the provisions of chapter 2, title 49,
44 Idaho Code.
45 (16) Records of the financial status of prisoners pursuant to subsection
46 (2) of section 20-607, Idaho Code.
47 (17) Records of the Idaho state police or department of correction
48 received or maintained pursuant to section 19-5514, Idaho Code, relating to
49 DNA databases and databanks.
50 (18) Records of the department of health and welfare relating to a survey,
51 resurvey or complaint investigation of a licensed nursing facility shall be
52 exempt from disclosure. Such records shall, however, be subject to disclosure
53 as public records as soon as the facility in question has received the report,
54 and no later than the fourteenth day following the date that department of
55 health and welfare representatives officially exit the facility pursuant to
1 federal regulations. Provided however, that for purposes of confidentiality,
2 no record shall be released under this section which specifically identifies
3 any nursing facility resident.
4 (19) Records and information contained in the registry of immunizations
5 against childhood diseases maintained in the department of health and welfare,
6 including information disseminated to others from the registry by the depart-
7 ment of health and welfare.
8 (20) Records of the Idaho housing and finance association (IHFA) relating
9 to the following:
10 (a) Records containing personal financial, family, health or similar per-
11 sonal information submitted to or otherwise obtained by the IHFA;
12 (b) Records submitted to or otherwise obtained by the IHFA with regard to
13 obtaining and servicing mortgage loans and all records relating to the
14 review, approval or rejection by the IHFA of said loans;
15 (c) Mortgage portfolio loan documents;
16 (d) Records of a current or former employee other than the employee's
17 duration of employment with the association, position held and location of
18 employment. This exemption from disclosure does not include the contracts
19 of employment or any remuneration, including reimbursement of expenses, of
20 the executive director, executive officers or commissioners of the associ-
21 ation. All other personnel information relating to an association employee
22 or applicant including, but not limited to, information regarding sex,
23 race, marital status, birth date, home address and telephone number,
24 applications, testing and scoring materials, grievances, correspondence,
25 retirement plan information and performance evaluations, shall not be dis-
26 closed to the public without the employee's or applicant's written con-
27 sent. An employee or authorized representative may inspect and copy that
28 employee's personnel records, except for material used to screen and test
29 for employment or material not subject to disclosure elsewhere in the
30 Idaho public records act.
31 (21) Records of the department of health and welfare related to child sup-
32 port services in cases in which there is reasonable evidence of domestic vio-
33 lence, as defined in chapter 63, title 39, Idaho Code, that can be used to
34 locate any individuals in the child support case except in response to a court
36 (22) Records of the Idaho state bar lawyer's assistance program pursuant
37 to chapter 49, title 54, Idaho Code, unless a participant in the program
38 authorizes the release pursuant to subsection (4) of section 54-4901, Idaho
40 (23) Records and information contained in the trauma registry created by
41 chapter 20, title 57, Idaho Code, together with any reports, analyses and com-
42 pilations created from such information and records.
43 (24) Records contained in the court files, or other records prepared as
44 part of proceedings for judicial authorization of sterilization procedures
45 pursuant to chapter 39, title 39, Idaho Code.
46 (25) The physical voter registration card on file in the county clerk's
47 office; however, a redacted copy of said card shall be made available consis-
48 tent with the requirements of this section. Information from the voter regis-
49 tration card maintained in the statewide voter registration database, includ-
50 ing age, will be made available except for the voter's driver's license num-
51 ber, date of birth and, upon showing of good cause by the voter to the county
52 clerk in consultation with the county prosecuting attorney, the physical resi-
53 dence address of the voter. For the purposes of this subsection good cause
54 shall include the protection of life and property and protection of victims of
55 domestic violence and similar crimes.
1 (26) File numbers, passwords and information in the files of the health
2 care directive registry maintained by the secretary of state under section
3 39-4515, Idaho Code, are confidential and shall not be disclosed to any person
4 other than to the person who executed the health care directive or the revoca-
5 tion thereof and that person's legal representatives, to the person who regis-
6 tered the health care directive or revocation thereof, and to physicians, hos-
7 pitals, medical personnel, nursing homes, and other persons who have been
8 granted file number and password access to the documents within that specific
10 (27) Records in an address confidentiality program participant's file as
11 provided for in chapter 57, title 19, Idaho Code, other than the address des-
12 ignated by the secretary of state, except under the following circumstances:
13 (a) If requested by a law enforcement agency, to the law enforcement
14 agency; or
15 (b) If directed by a court order, to a person identified in the order.
STATEMENT OF PURPOSE
This legislation relates to address confidentiality for victims of
violence; amending Title 19, Idaho Code, by the addition of a New
Chapter 57, Title 19, Idaho Code, to provide a purpose, to define
terms, to provide a procedure for an address confidentiality program
and to provide penalty provisions relating to falsely attested
applications, to provide for certification cancellation, to provide
for use of designated addresses, to prohibit the disclosure of records
and to provide exceptions, to provide for immunity from liability and
to authorize the Secretary of State to promulgate certain rules; and
amending Section 9-340C, ldaho Code, to provide that certain records
in an address confidentiality program participant s file are exempt
from disclosure and to provide exceptions.
There will be an estimated $50,000 on the State General Fund.
Name: Representative Tom Trail
Phone: (208) 332-1000
Representative Shirley Ringo
STATEMENT OF PURPOSE/FISCAL NOTE H501