SSB 3095 (LSB 5951XC (2) 88)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN)

A BILL FOR

An Act relating to judicial actions and records by authorizing assistance by a small claims filing agent and modifying provisions relating to accessing protected information in court records.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
SMALL CLAIMS FILING AGENTS

    Section 1.  NEW SECTION.  562A.11A  Small claims filing agent.
   1.  An individual who is not licensed to practice law in this state and who only does any of the following to assist a landlord, manager, or tenant in pursuing a remedy authorized under this chapter as a small claim under chapter 631 shall be considered a “small claims filing agent”:
   a.  Typing information provided by the landlord, manager, or tenant, on a form prescribed by the supreme court under section 631.15, in a fillable document format.
   b.  Electronically filing a form prescribed by the supreme court under section 631.15 with the district court sitting in small claims.
   2.  An individual that is a small claims filing agent shall not do any of the following:
   a.  Advise the landlord, manager, or tenant as to the grounds for the remedy under this chapter or the legal effect of the form.
   b.  Provide a legal opinion or legal analysis beyond that which is required for compliance with the requirements of the form, timeliness and accuracy of preparation of the form, or data or information formatting required for electronic filing of documents associated with the small claim action.
   3.  The actions of a small claims filing agent authorized by this section shall not be considered the practice of law.
    Sec. 2.  NEW SECTION.  562B.12A  Small claims filing agent.
   1.  An individual who is not licensed to practice law in this state and who only does any of the following to assist a landlord, manager, or tenant in pursuing a remedy authorized under this chapter as a small claim under chapter 631 shall be considered a “small claims filing agent”:
   a.  Typing information provided by the landlord, manager, or tenant, on a form prescribed by the supreme court under section 631.15, in a fillable document format.
   b.  Electronically filing a form prescribed by the supreme court under section 631.15 with the district court sitting in small claims.
   2.  An individual that is a small claims filing agent shall not do any of the following:
   a.  Advise the landlord, manager, or tenant as to the grounds for the remedy under this chapter or the legal effect of the form.
   b.  Provide a legal opinion or legal analysis beyond that which is required for compliance with the requirements of the form, timeliness and accuracy of preparation of the form, or data or information formatting required for electronic filing of documents associated with the small claim action.
   3.  The actions of a small claims filing agent authorized by this section shall not be considered the practice of law.
DIVISION II
ACCESS TO PERSONALLY IDENTIFIABLE INFORMATION IN COURT RECORDS

    Sec. 3.  Section 602.1614, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  a.  Rules prescribed by the supreme court governing the appropriate level of public access to electronic records and other court records under subsection 3, paragraph “l”, shall also prescribe a process by which an authenticated user may access protected information as defined in Iowa court rule 16.602 for purposes of engaging in activities governed by federal consumer protection laws, including but not limited to the following:
   (1)  The federal Fair Credit Reporting Act, 15 U.S.C. §1681 et seq.
   (2)  The federal Gramm-Leach-Bliley Act, 15 U.S.C. §6801-6809.
   (3)  The federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.
   (4)  The federal Family Educational Rights and Privacy Act, 20 U.S.C. §1232g.
   (5)  The federal Driver’s Privacy Protection Act, 18 U.S.C. §2721 et seq.
   b.  The supreme court shall ensure secure electronic access for authenticated users through commercially reasonable authentication methods.
   c.  Authenticated users shall be determined in a manner consistent with industry standards through a registration process or a contractual agreement with the user.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to judicial actions and records by authorizing assistance by a small claims filing agent and modifying provisions relating to personal information in court records.
   Division I of the bill amends Code chapter 562A, the uniform residential landlord and tenant Act, and Code chapter 562B, the manufactured home communities or mobile home parks residential landlord and tenant Act, to authorize a small claims filing agent to assist a landlord, manager, or tenant in pursuing an authorized remedy as a small claim under Code chapter 631. A small claims filing agent is an individual who is not licensed to practice law in this state and who types information provided by the landlord, manager, or tenant on a form prescribed by the supreme court in a fillable document format or who electronically files a form prescribed by the supreme court with the district court sitting in small claims.
   Division I prohibits an individual that is a small claims filing agent from doing the following: (1) advising the landlord, manager, or tenant as to the grounds for the remedy or the legal effect of the form; or (2) providing a legal opinion or legal analysis beyond that which is required for compliance with the requirements of the form, timeliness and accuracy of preparation of the form, or data or information formatting required for electronic filing of documents associated with the small claim action.
   Division I of the bill specifies that the actions of a small claims filing agent authorized by the bill shall not be considered the practice of law.
   Division II of the bill provides that rules prescribed by the supreme court governing the appropriate level of public access to electronic records and other court records under Code section 602.1614 shall also prescribe a process by which an authenticated user may access “protected information” as defined in Iowa court rule 16.602 for purposes of engaging in activities governed by federal consumer protection laws, including but not limited to the following: (1) the federal Fair Credit Reporting Act; (2) the federal Gramm-Leach-Bliley Act; (3) the federal Health Insurance Portability and Accountability Act; (4) the federal Family Educational Rights and Privacy Act; and (5) the federal Driver’s Privacy Protection Act.
   The bill requires the supreme court to ensure secure electronic access for authenticated users through commercially reasonable authentication methods and provides that authenticated users shall be determined through a registration process or a contractual agreement with the user.