HF 662 (LSB 1267HV (2) 88)

HOUSE FILE 662

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 178)

(COMPANION TO SF 375 BY COMMITTEE ON JUDICIARY)

(As Amended and Passed by the House 2020-03-10)

A BILL FOR

An Act concerning jurors, relating to access to certain department of revenue taxpayer information for jury list compilation and juror information confidentiality, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 422.20, subsection 3, paragraph a, Code 2020, is amended to read as follows:
   a.  Unless otherwise expressly permitted by section 8A.504, section 8G.4, section 11.41, section 96.11, subsection 6, section 421.17, subsections 22, 23, and 26, section 421.17, subsection 27, paragraph “k”, section 421.17, subsection 31, section 252B.9, section 321.40, subsection 6, sections 321.120, 421.19, 421.28, 422.72, and 452A.63, and 607A.22, this section, or another provision of law, a tax return, return information, or investigative or audit information shall not be divulged to any person or entity, other than the taxpayer, the department, or internal revenue service for use in a matter unrelated to tax administration.
    Sec. 2.  Section 422.72, subsection 1, paragraph c, Code 2020, is amended to read as follows:
   c.  (1)  The Except as explicitly provided in this section, the department shall not authorize the examination of tax information by officers and employees of this state, another state, or of the United States if the officers or employees would otherwise be required to obtain a judicial order to examine the information if it were to be obtained from another source, and if the purpose of the examination is other than for tax administration. However, the
   (2)  The director may provide sample individual income tax information to be used for statistical purposes to the legislative services agency. The information shall not include the name or mailing address of the taxpayer or the taxpayer’s social security number. Any information contained in an individual income tax return which is provided by the director shall only be used as a part of a database which contains similar information from a number of returns. The legislative services agency shall not have access to the income tax returns of individuals. Each request for individual income tax information shall contain a statement by the director of the legislative services agency that the individual income tax information received by the legislative services agency shall be used solely for statistical purposes.
   (3)  The director may provide tax information to the state court administrator to be used to prepare grand and petit master jury lists. Tax information provided shall be limited to the name, date of birth, last four digits of the social security number, and address of the taxpayer and spouse. The information provided shall not include the financial information of the taxpayer. Each request for tax information shall contain a statement by the state court administrator that the tax information received by the judicial branch shall be used solely to prepare grand and petit master jury lists. This subsection does not prevent the department from authorizing the examination of state returns and state information under the provisions of section 607A.22. 
   (4)  This subsection does not prevent the department from authorizing the examination of state returns and state information under the provisions of section 252B.9.
   (5)  This subsection prevails over any general law of this state relating to public records.
    Sec. 3.  Section 422.72, subsection 3, paragraph a, Code 2020, is amended to read as follows:
   a.  Unless otherwise expressly permitted by section 8A.504, section 8G.4, section 11.41, section 96.11, subsection 6, section 421.17, subsections 22, 23, and 26, section 421.17, subsection 27, paragraph “k”, section 421.17, subsection 31, section 252B.9, section 321.40, subsection 6, sections 321.120, 421.19, 421.28, 422.20, and 452A.63, and 607A.22, this section, or another provision of law, a tax return, return information, or investigative or audit information shall not be divulged to any person or entity, other than the taxpayer, the department, or internal revenue service for use in a matter unrelated to tax administration.
    Sec. 4.  Section 607A.22, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  The state court administrator may use taxpayer information provided by the department of revenue as permitted by section 422.72, subsection 1, paragraph “c”, when preparing grand and petit master jury lists.
    Sec. 5.  NEW SECTION.  607A.48  Public access to juror information.
    Public access to juror and prospective juror information shall be limited. Information on the year of birth and address information identifying the city and zip code of prospective jurors shall be available to the public. However, more specific address information, phone numbers, and the date and month of birth of prospective jurors are confidential and not subject to disclosure without an order of the court.
    Sec. 6.  EFFECTIVE DATE.  This Act takes effect January 1, 2023.