House File 126

                                       HOUSE FILE       
                                       BY  ALONS, VAN ENGELENHOVEN,
                                           and TYMESON


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for the confidentiality of certain veterans'
  2    records maintained by county recorders.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1514YH 80
  5 av/cl/14

PAG LIN

  1  1    Section 1.  Section 22.7, Code 2003, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  47.  Military personnel records recorded
  1  4 by the county recorder pursuant to section 331.608.
  1  5    Sec. 2.  Section 331.608, Code 2003, is amended by adding
  1  6 the following new subsection:
  1  7    NEW SUBSECTION.  5A.  Unless otherwise provided by the
  1  8 person who requested the recording of a record under this
  1  9 section, notwithstanding section 22.2, subsection 1, such
  1 10 record shall be confidential and shall not be made available
  1 11 for examination or copying except as follows:
  1 12    a.  To the person who is the subject of the record, to a
  1 13 member of that person's immediate family, or to that person's
  1 14 agent or representative duly authorized in writing.
  1 15    b.  To a person requesting to examine or copy a record when
  1 16 the event that resulted in the record being made occurred more
  1 17 than seventy=five years prior to the request.
  1 18    c.  When otherwise ordered by a court of competent
  1 19 jurisdiction.
  1 20    d.  When otherwise required by a department or agency of
  1 21 the federal or state government or a political subdivision
  1 22 thereof.
  1 23                           EXPLANATION
  1 24    This bill provides that military personnel records of
  1 25 veterans, including records of discharges and reports of
  1 26 separation, that are maintained by the county recorder are
  1 27 confidential records, notwithstanding Code section 22.2,
  1 28 subsection 1.  The bill provides that the records shall not be
  1 29 available for examination and copying except by a person who
  1 30 is the subject of the record, that person's immediate family,
  1 31 or that person's duly authorized agent or representative, by a
  1 32 person requesting to examine or copy a record of an event
  1 33 occurring more than 75 years prior to the request, when
  1 34 otherwise ordered by a court of competent jurisdiction, or
  1 35 when required by a department or agency of the state or
  2  1 federal government or a political subdivision thereof.
  2  2 LSB 1514YH 80
  2  3 av/cl/14