SF 135 (LSB 1614XS (9) 85)

SENATE FILE 135

BY  PETERSEN

A BILL FOR

An Act providing access to delayed deposit services customer information by designated entities for specified purposes, providing a penalty, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 252B.9, subsection 1, paragraph d, subparagraph (2), Code 2013, is amended to read as follows:
   (2)  Certain records held by public utilities, cable or other television companies, cellular telephone companies, and internet service providers, or delayed deposit services businesses with respect to individuals who owe or are owed support, or against or with respect to whom a support obligation is sought, consisting of the names and addresses of such individuals and the names and addresses of the employers of such individuals, as appearing in customer records, and including the cellular telephone numbers of such individuals appearing in the customer records of cellular telephone companies. If the records are maintained in automated databases, the unit shall be provided with automated access.
    Sec. 2.  Section 421.17, subsection 32, Code 2013, is amended to read as follows:
   32.
  a.  To the extent permissible by federal law, to subpoena certain records held by a public or private utility company
 
or a delayed deposit services business with respect to an individual who has a debt or obligation placed with the centralized collection unit of the department. The subpoena authority granted in this subsection may be used only after reasonable efforts have been made by the centralized collection unit to identify and locate the individual.
   b.  The department may subpoena customer records in order to obtain a telephone number and last known address, but shall not request or require the disclosure of transaction information, account activity, or proprietary information.
   c.  A public or private utility company
 
or a delayed deposit services business shall respond to the subpoenas. The subpoenas shall not be served more frequently than quarterly.
   d.  The burden of showing reasonable cause to believe that the documents or records sought by the subpoena are necessary to assist the department under this subsection shall be upon the director. In administering this subsection, the director and the department shall comply with all applicable state and federal laws pertaining to the confidentiality or privacy of individuals, or public or private utility companies, or delayed deposit services businesses. The information and customer records obtained by the department pursuant to this subsection are confidential records and are not subject to requests for examination pursuant to chapter 22.
   e.  A public or private utility company
 
or a delayed deposit services business shall not be held liable for any action arising as a result of providing the records described in paragraph “b” or for any other action taken reasonably and in good faith to comply with this subsection.
   f.  As used in this subsection, “public or private utility company” means a public utility, cable, video, or satellite television company, cellular telephone company, or internet service provider.

As used in this subsection, “delayed deposit services business” means the same as defined in section 533D.2.
    Sec. 3.  NEW SECTION.  533D.11A  Customer information —— required disclosure.
   1.  Each licensee shall comply with the provisions of section 252B.9, subsection 1; section 421.17, subsection 32; and section 804.32 with regard to supplying customer information to the child support recovery unit, the department of revenue, and the department of public safety and law enforcement agencies upon receipt of a subpoena requesting the information. A licensee shall not be required to submit such information more frequently than quarterly. The information and customer records obtained shall be regarded as confidential records and are not subject to requests for examination pursuant to chapter 22.
   2.  Refusal to obey a subpoena issued to receive the information may be punished by a court of competent jurisdiction as a civil contempt, and subject to any additional penalty provisions as may be authorized pursuant to section 252B.9, 421.17, or 804.32.
    Sec. 4.  NEW SECTION.  804.32  Customer information —— subpoena authority.
   The department of public safety or a local law enforcement agency may subpoena certain records held by a delayed deposit services business with respect to individuals who have an outstanding warrant issued for arrest, requesting the names, addresses, and telephone numbers of such individuals as appearing in customer records. If the records are maintained in automated databases, the department or agency shall be provided with automated access. Refusal to obey a subpoena issued pursuant to this section may be punished by a court of competent jurisdiction as a civil contempt.
EXPLANATION
   This bill requires that designated state departments and law enforcement agencies be provided access to delayed deposit services customer information when requested by the department or agency by subpoena.
   The bill provides that a delayed deposit services business licensee shall comply with specified provisions referenced in the bill compelling disclosure of customer information to the child support recovery unit, the department of revenue, and the department of public safety and law enforcement agencies, upon receipt of a subpoena requesting the information. The bill provides that a licensee shall not be required to submit such information more frequently than quarterly, and that the information and customer records obtained shall be regarded as confidential records not subject to requests for examination pursuant to Code chapter 22. The bill states that refusal to obey a subpoena issued to receive the information may be punished by a court of competent jurisdiction as a civil contempt, as well as pursuant to any additional penalty provisions authorized by the respective department or law enforcement agency.
   With regard to the child support recovery unit, the referenced provisions regarding subpoena authority are contained in Code section 252B.9, subsection 1. The bill adds delayed deposit services businesses to a list of entities including public utilities, cable or other television companies, cellular telephone companies, and internet service providers which must supply customer names and addresses, employer names and addresses, and cellular telephone numbers in the case of a cellular telephone company. This information would then be checked to determine if the customer is an individual who owes or is owed support, or is someone from whom a support obligation is sought. Provisions regarding showing good cause for noncompliance, and imposing a penalty of $100 per refusal to comply after a finding of lack of good cause, would apply.
   With regard to the department of revenue, the referenced provisions regarding subpoena authority are contained in Code section 421.17, subsection 32. The bill requires delayed deposit services businesses, along with a public or private utility company as currently specified, to submit a telephone number and last known address to the department upon issuance of a subpoena to obtain the information, which would then be checked to determine whether the customer has a debt or obligation placed with the centralized collection unit of the department.
   With regard to the department of public safety and law enforcement agencies, the bill provides that names, addresses, and telephone numbers shall be supplied by delayed deposit services businesses to the department or agency to determine whether the customer has an outstanding warrant issued for arrest.