House File 2128 - Introduced
HOUSE FILE
BY GASKILL, FREVERT, BERRY,
DAVITT, JOCHUM, KUHN, KRESSIG,
LENSING, WINCKLER, THOMAS,
WESSEL=KROESCHELL, MASCHER,
McCARTHY, OLDSON, REASONER,
WENDT, SCHUELLER, HUNTER,
R. OLSON, SWAIM, FOEGE,
D. TAYLOR, QUIRK, SHOMSHOR,
D. OLSON, MERTZ, WHITAKER,
MURPHY, PETTENGILL, and HEDDENS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the privacy of social security numbers in
2 public records and creating the Iowa public records privacy
3 commission.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5203HH 81
6 eg/gg/14
PAG LIN
1 1 Section 1. Section 22.7, Code Supplement 2005, is amended
1 2 by adding the following new subsection:
1 3 NEW SUBSECTION. 52. Social security number.
1 4 Sec. 2. NEW SECTION. 22.12A IOWA PUBLIC RECORDS PRIVACY
1 5 COMMISSION == FUTURE REPEAL.
1 6 1. An Iowa public records privacy commission is created in
1 7 the office of the citizens' aide to do the following:
1 8 a. Examine Code and administrative law, including
1 9 documents and forms used by the government body, to identify
1 10 public records that contain social security numbers.
1 11 b. Determine the necessity of having social security
1 12 numbers in public records.
1 13 c. If the commission determines that a social security
1 14 number is not necessary for purposes of the lawful custodian,
1 15 notify the lawful custodian that the social security number
1 16 must be redacted.
1 17 d. Review procedures used by the government body to keep a
1 18 social security number confidential.
1 19 2. The commission shall consist of the following officials
1 20 or their designees as voting members:
1 21 a. The governor's legal counsel.
1 22 b. The director of human services.
1 23 c. The director of transportation.
1 24 d. The director of revenue.
1 25 e. The director of the department of administrative
1 26 services.
1 27 f. The attorney general.
1 28 g. The secretary of state.
1 29 h. The director of public health.
1 30 i. One person appointed by each of the following:
1 31 (1) Iowa state association of counties.
1 32 (2) Iowa league of cities.
1 33 (3) Iowa association of school boards.
1 34 j. The nonvoting members of the commission shall be as
1 35 follows:
2 1 (1) Two state representatives, one appointed by the
2 2 speaker of the house of representatives and one by the
2 3 minority leader of the house, and two state senators, one
2 4 appointed by the majority leader of the senate and one by the
2 5 minority leader of the senate. A legislative member is
2 6 eligible for per diem and expenses as provided in section
2 7 2.10.
2 8 (2) The citizens' aide.
2 9 (3) The Iowa Code editor.
2 10 (4) The legal counsel for the administrative rules review
2 11 committee.
2 12 3. The commission shall annually elect a chairperson and
2 13 vice chairperson from the voting members of the commission.
2 14 The terms of the commission members are for three years
2 15 beginning on July 1 and ending on June 30, except that the
2 16 legislative members shall serve for terms coinciding with the
2 17 legislative biennium. A vacancy on the commission shall be
2 18 filled for the unexpired term of the vacancy in the same
2 19 manner as the original appointment was made.
2 20 4. This section is repealed June 30, 2009.
2 21 Sec. 3. NEW SECTION. 305.17 PRIVATE PUBLIC RECORDS.
2 22 When providing advice and counsel on the care and
2 23 management of state or local government records as related to
2 24 the privacy of such records, the commission and the department
2 25 of cultural affairs shall consult with the Iowa public records
2 26 privacy commission created in section 22.12A.
2 27 EXPLANATION
2 28 This bill amends the public records law to address public
2 29 records containing social security numbers. The bill makes
2 30 social security numbers confidential information. A state,
2 31 county, city, school district, or other political subdivision,
2 32 i.e., the lawful custodian currently in physical possession of
2 33 a public record or another person authorized to release such
2 34 information, must keep social security numbers confidential.
2 35 The bill creates the Iowa public records privacy commission
3 1 in the office of the citizens' aide to identify public records
3 2 with social security numbers, determine the necessity of
3 3 having social security numbers in public records, notify the
3 4 lawful custodian that redaction of unnecessary social security
3 5 numbers is required, and review procedures that ensure the
3 6 privacy of social security numbers. The commission is
3 7 composed of various representatives of government as well as
3 8 related governmental associations. The bill provides that the
3 9 Code authority creating the commission will be repealed on
3 10 June 30, 2009.
3 11 The bill requires that the state records commission and the
3 12 department of cultural affairs consult with the privacy
3 13 commission on matters relating to privacy of public records.
3 14 LSB 5203HH 81
3 15 eg:rj/gg/14.1