Senate File 212 - Enrolled

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  1  1                                             SENATE FILE 212
  1  2
  1  3                             AN ACT
  1  4 RELATING TO COUNTY OFFICES, BY PROTECTING CERTAIN IDENTITY
  1  5    INFORMATION CONTAINED IN DOCUMENTS RECORDED WITH THE COUNTY
  1  6    RECORDER AND BY INCREASING SALARY LIMITS FOR CERTAIN DEPUTY
  1  7    OFFICERS AND PROVIDING AN APPLICABILITY DATE.
  1  8
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10
  1 11    Section 1.  Section 331.606A, Code 2007, is amended by
  1 12 striking the section and inserting in lieu thereof the
  1 13 following:
  1 14    331.606A  DOCUMENT CONTENT == PERSONALLY IDENTIFIABLE
  1 15 INFORMATION.
  1 16    1.  DEFINITIONS.
  1 17    a.  "Personally identifiable information" means one or more
  1 18 of the following specific unique identifiers when combined
  1 19 with an individual's name:
  1 20    (1)  Social security number.
  1 21    (2)  Checking, savings, or share account number, credit,
  1 22 debit, or charge card number.
  1 23    b.  "Preparer" means the person or entity who creates,
  1 24 drafts, edits, revises, or last changes the documents that are
  1 25 recorded with the recorder.
  1 26    c.  "Redact" or "redaction" means the process of removing
  1 27 personally identifiable information from documents.
  1 28    2.  INCLUSION OF PERSONALLY IDENTIFIABLE INFORMATION.  The
  1 29 preparer of a document shall not include an individual's
  1 30 personally identifiable information in a document that is
  1 31 prepared and presented for recording in the office of the
  1 32 recorder.  This subsection shall not apply to documents that
  1 33 were executed by an individual prior to July 1, 2007.  Unless
  1 34 provided otherwise by law, all documents described by this
  1 35 section are subject to inspection and copying by the public.
  2  1    3.  REDACTION ON A RECORDER'S INTERNET WEBSITE.  If a
  2  2 document that includes an individual's personally identifiable
  2  3 information was recorded with the recorder and is available on
  2  4 the recorder's internet website, the individual may request
  2  5 that the recorder redact such information from the website.
  2  6 The recorder shall establish a procedure by which individuals
  2  7 may request that such personally identifiable information be
  2  8 redacted from the internet record available on the recorder's
  2  9 internet website, at no fee to the requesting individual.  The
  2 10 recorder shall comply with an individual's request to redact
  2 11 personally identifiable information.
  2 12    4.  LIABILITY OF PREPARER.  A preparer who, in violation of
  2 13 subsection 2, enters personally identifiable information in a
  2 14 document that is prepared and presented for recording is
  2 15 liable to the individual whose personally identifiable
  2 16 information appears in the recorded public document for actual
  2 17 damages of up to five hundred dollars for each act of
  2 18 recording.
  2 19    5.  APPLICABILITY.  This section shall not apply to a
  2 20 preparer of a state or federal tax lien, a military separation
  2 21 or discharge record, or a death certificate that is prepared
  2 22 for recording in the office of county recorder.  If a military
  2 23 separation or discharge record or a death certificate is
  2 24 recorded in the office of the county recorder, the military
  2 25 separation or discharge record or the death certificate shall
  2 26 not be accessible through the internet.
  2 27    Sec. 2.  Section 331.904, subsection 1, Code 2007, is
  2 28 amended to read as follows:
  2 29    1.  The annual base salary of the first and second deputy
  2 30 officer of the office of auditor, treasurer, and recorder, the
  2 31 deputy in charge of the motor vehicle registration and title
  2 32 division, and the deputy in charge of driver's license
  2 33 issuance shall each be an amount not to exceed eighty
  2 34 eighty=five percent of the annual salary of the deputy's
  2 35 principal officer.  In offices where more than two deputies
  3  1 are required, the annual base salary of each additional deputy
  3  2 shall be paid an amount not to exceed seventy=five eighty
  3  3 percent of the principal officer's salary.  The amount of the
  3  4 annual base salary of each deputy shall be certified by the
  3  5 principal officer to the board and, if a deputy's annual base
  3  6 salary does not exceed the limitations specified in this
  3  7 subsection, the board shall certify the annual base salary to
  3  8 the auditor.  The board shall not certify a deputy's annual
  3  9 base salary which exceeds the limitations of this subsection.
  3 10    As used in this subsection, "base salary" means the basic
  3 11 compensation excluding overtime pay, longevity pay, shift
  3 12 differential pay, or other supplement pay and fringe benefits.
  3 13    Sec. 3.  APPLICABILITY DATE.  This Act applies to county
  3 14 budgets for the fiscal year beginning July 1, 2008, and all
  3 15 subsequent fiscal years.
  3 16
  3 17
  3 18                                                             
  3 19                               JOHN P. KIBBIE
  3 20                               President of the Senate
  3 21
  3 22
  3 23                                                             
  3 24                               PATRICK J. MURPHY
  3 25                               Speaker of the House
  3 26
  3 27    I hereby certify that this bill originated in the Senate and
  3 28 is known as Senate File 212, Eighty=second General Assembly.
  3 29
  3 30
  3 31                                                             
  3 32                               MICHAEL E. MARSHALL
  3 33                               Secretary of the Senate
  3 34 Approved                , 2007
  3 35
  4  1
  4  2                                
  4  3 CHESTER J. CULVER
  4  4 Governor