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
35 section are subject to inspection and copying by the public.
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
35 principal officer.	In offices where more than two deputies
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
34 Approved	, 2007
3 35
1
4	2  	
4	3 CHESTER J. CULVER
4	4 Governor