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