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
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816
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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
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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.
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