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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,
Patrick
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
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN 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, 2 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 3 crimes. 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- 31 closed. 32 (2) Applications shall be filed with the office of the secretary of 33 state. 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- 3 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 4 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- 23 sure. 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 5 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 6 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 35 order. 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 39 Code. 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. 7 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 9 file. 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
RS 17582C2
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.
FISCAL NOTE
There will be an estimated $50,000 on the State General Fund.
Contact
Name: Representative Tom Trail
Phone: (208) 332-1000
Representative Shirley Ringo
STATEMENT OF PURPOSE/FISCAL NOTE H501