Senate Amendment 5098
PAG LIN
1 1 Amend Senate File 2313 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause and inserting the following:
1 4 <Section 1. NEW SECTION. 22.7A CONFIDENTIALITY
1 5 OF INFORMATION ON CERTAIN COUNTY PUBLIC RECORDS.
1 6 1. Notwithstanding any provision to the contrary,
1 7 a county shall not disclose the name of a person who
1 8 has requested confidentiality under subsection 2 or
1 9 who has received an order requiring confidentiality
1 10 under subsection 3 with respect to public records
1 11 posted on the county's website, posted on the website
1 12 of any county officer, or supplied by any county
1 13 officer for posting on another website.
1 14 2. A person may request confidentiality by
1 15 submitting a written request and a copy of a civil or
1 16 criminal restraining order or order for protection,
1 17 naming the person or a member of the person's
1 18 household as plaintiff, to the county auditor. Upon
1 19 receiving such a request, the county auditor shall
1 20 notify the chairperson of the board of supervisors and
1 21 each county officer charged with keeping or
1 22 maintaining public records, and it shall be the duty
1 23 of the county officers to not disclose the person's
1 24 name as part of a public record as provided in
1 25 subsection 1.
1 26 3. In lieu of using the procedure in subsection 2,
1 27 a person may file a petition in the district court of
1 28 the county for an order requiring confidentiality.
1 29 The person shall include in the petition an affidavit
1 30 stating the reasons the person believes the person's
1 31 life or safety or the life or safety of a member of
1 32 the person's household is in danger and shall attach
1 33 supporting documentation which may include but is not
1 34 limited to:
1 35 a. A statement or report from a law enforcement
1 36 agency, medical professional, mental health
1 37 professional, or domestic violence shelter.
1 38 b. Witness statements regarding the incidents that
1 39 cause the person to believe the person's life or
1 40 safety or the life or safety of a member of the
1 41 person's household is in danger.
1 42 Upon good cause shown in the petition, affidavit,
1 43 and supporting documentation that the person believes
1 44 the person's life or safety or the life or safety of a
1 45 member of the person's household is in danger, the
1 46 court shall order that the person's name shall not be
1 47 disclosed as part of a public record as provided in
1 48 subsection 1. A copy of the order shall be mailed by
1 49 the clerk of the district court to the county auditor.
1 50 The county auditor shall forward a copy of the order
2 1 to the chairperson of the board of supervisors and to
2 2 each county officer charged with keeping or
2 3 maintaining public records, and it shall be the duty
2 4 of the county officers to not disclose the person's
2 5 name as part of a public record as provided in
2 6 subsection 1.
2 7 Sec. 2. NEW SECTION. 22.7B CONFIDENTIALITY OF
2 8 INFORMATION ON CERTAIN CITY PUBLIC RECORDS.
2 9 1. Notwithstanding any provision to the contrary,
2 10 a city shall not disclose the name of a person who has
2 11 requested confidentiality under subsection 2 or who
2 12 has received an order requiring confidentiality under
2 13 subsection 3 with respect to public records posted on
2 14 the city's website, posted on the website of any city
2 15 officer, or supplied by any city officer for posting
2 16 on another website.
2 17 2. A person may request confidentiality by
2 18 submitting a written request and a copy of a civil or
2 19 criminal restraining order or order for protection,
2 20 naming the person or a member of the person's
2 21 household as plaintiff, to the city clerk. Upon
2 22 receiving such a request, the city clerk shall notify
2 23 the city council and each city officer charged with
2 24 keeping or maintaining public records, and it shall be
2 25 the duty of the city officers to not disclose the
2 26 person's name as part of a public record as provided
2 27 in subsection 1.
2 28 3. In lieu of using the procedure in subsection 2,
2 29 a person may file a petition in the district court of
2 30 the county for an order requiring confidentiality.
2 31 The person shall include in the petition an affidavit
2 32 stating the reasons the person believes the person's
2 33 life or safety or the life or safety of a member of
2 34 the person's household is in danger and shall attach
2 35 supporting documentation which may include but is not
2 36 limited to:
2 37 a. A statement or report from a law enforcement
2 38 agency, medical professional, mental health
2 39 professional, or domestic violence shelter.
2 40 b. Witness statements regarding the incidents that
2 41 cause the person to believe the person's life or
2 42 safety or the life or safety of a member of the
2 43 person's household is in danger.
2 44 Upon good cause shown in the petition, affidavit,
2 45 and supporting documentation that the person believes
2 46 the person's life or safety or the life or safety of a
2 47 member of the person's household is in danger, the
2 48 court shall order that the person's name shall not be
2 49 disclosed as part of a public record as provided in
2 50 subsection 1. A copy of the order shall be mailed by
3 1 the clerk of the district court to the city clerk.
3 2 The city clerk shall forward a copy of the order to
3 3 the city council and to each city officer charged
3 4 with keeping or maintaining public records, and it
3 5 shall be the duty of the city officers to not disclose
3 6 the person's name as part of a public record as
3 7 provided in subsection 1.
3 8 Sec. 3. Section 48A.34, Code 2005, is amended to
3 9 read as follows:
3 10 48A.34 CONFIDENTIALITY OF INFORMATION ON CERTAIN
3 11 RECORDS.
3 12 1. Voter registration records are available for
3 13 public inspection at reasonable times at the office of
3 14 the county commissioner. The commissioner and any
3 15 voter registration agency which has custody of voter
3 16 registration records shall take the necessary steps to
3 17 ensure that the name of the agency at which the voter
3 18 registration form was submitted remains confidential.
3 19 2. A person may request that the person's name not
3 20 be disclosed on voter registration records by
3 21 submitting a written request for confidentiality and a
3 22 copy of a civil or criminal restraining order or order
3 23 for protection, naming the person or a member of the
3 24 person's household as plaintiff, to the county auditor
3 25 of the county in which the person resides. Upon
3 26 receiving such a request, the county auditor shall
3 27 notify the state registrar of voters, and it shall be
3 28 the duty of both the auditor and the state registrar
3 29 of voters to not disclose the person's name on voter
3 30 registration records.
3 31 3. In lieu of using the procedure in subsection 2,
3 32 a person may file a petition in the district court of
3 33 that person's county of residence for an order
3 34 requiring that the person's name not be disclosed as
3 35 part of voter registration records. The person shall
3 36 include in the petition an affidavit stating the
3 37 reasons the person believes the person's life or
3 38 safety or the life or safety of a member of the
3 39 person's household is in danger and shall attach
3 40 supporting documentation which may include but is not
3 41 limited to:
3 42 a. A statement or report from a law enforcement
3 43 agency, medical professional, mental health
3 44 professional, or domestic violence shelter.
3 45 b. Witness statements regarding the incidents that
3 46 cause the person to believe the person's life or
3 47 safety or the life or safety of a member of the
3 48 person's household is in danger.
3 49 Upon good cause shown in the petition, affidavit,
3 50 and supporting documentation that the person believes
4 1 the person's life or safety or the life or safety of a
4 2 member of the person's household is in danger, the
4 3 court shall order that the person's name shall not be
4 4 disclosed on voter registration records. A copy of
4 5 the order shall be mailed by the clerk of the district
4 6 court to the state registrar of voters and to the
4 7 county auditor of the county where the voter
4 8 registration records are maintained. Upon receipt of
4 9 the copy of the order, it shall be the duty of the
4 10 county auditor and the state registrar of voters to
4 11 not disclose the person's name as part of voter
4 12 registration records.
4 13 4. For purposes of subsections 2 and 3, "voter
4 14 registration record" means data on registration,
4 15 participation in elections, and inclusion on voter
4 16 registration lists.
4 17 Sec. 4. EFFECTIVE DATE. This Act, being deemed of
4 18 immediate importance, takes effect upon enactment.
4 19 Sec. 5. APPLICABILITY DATE. The section of this
4 20 Act amending section 48A.34 first applies to voter
4 21 registration records made available for public
4 22 inspection and disbursement on or after January 1,
4 23 2007.>
4 24 #2. Title page, by striking lines 1 through 3, and
4 25 inserting the following: <An Act relating to
4 26 confidentiality of certain information on voter
4 27 registration records and city and county public
4 28 records for certain persons and including effective
4 29 and applicability date provisions.>
4 30 #3. By renumbering as necessary.
4 31
4 32
4 33
4 34 FRANK B. WOOD
4 35
4 36
4 37
4 38 MARK ZIEMAN
4 39 SF 2313.201 81
4 40 sc/sh/3641
-1-