House File 816 - Reprinted HOUSE FILE 816 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HSB 277) (As Amended and Passed by the House March 9, 2010 ) A BILL FOR An Act allowing the department of revenue to subpoena certain 1 customer records of individuals with a debt placed with the 2 centralized collection unit of the department of revenue and 3 including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 HF 816 (2) 83
H.F. 816 Section 1. Section 421.17, Code 2009, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 31. a. To the extent permissible by 3 federal law, to subpoena certain records held by a public or 4 private utility company with respect to an individual who has 5 a debt or obligation placed with the centralized collection 6 unit of the department. The subpoena authority granted in this 7 subsection may be used only after reasonable efforts have been 8 made by the centralized collection unit to identify and locate 9 the individual. 10 b. The department may subpoena customer records, but 11 shall not request or require the disclosure of transaction 12 information, account activity, or proprietary information. 13 c. A public or private utility company shall respond to the 14 subpoenas. The subpoenas shall not be served more frequently 15 than quarterly. 16 d. The burden of showing reasonable cause to believe that 17 the documents or records sought by the subpoena are necessary 18 to assist the department under this subsection shall be upon 19 the director. In administering this subsection, the director 20 and the department shall comply with all applicable state and 21 federal laws pertaining to the confidentiality or privacy 22 of individuals or public or private utility companies. The 23 information and customer records obtained by the department 24 pursuant to this subsection are confidential records and are 25 not subject to requests for examination pursuant to chapter 22. 26 e. A public or private utility company shall not be held 27 liable for any action arising as a result of providing the 28 records described in paragraph "b" or for any other action 29 taken reasonably and in good faith to comply with this 30 subsection. 31 f. As used in this subsection, "public or private utility 32 company" means a public utility, cable, video, or satellite 33 television company, cellular telephone company, or internet 34 service provider. 35 -1- HF 816 (2) 83 1/ 2
H.F. 816 g. The department may adopt rules for the administration of 1 this subsection. 2 Sec. 2. EFFECTIVE DATE. This Act takes effect January 1, 3 2011. 4 -2- HF 816 (2) 83 2/ 2