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