Senate File 2203 - Introduced
SENATE FILE
BY LAMBERTI
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to confidentiality of voter registration records
2 and property assessment information for certain persons and
3 providing an effective date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5896XS 81
6 sc/je/5
PAG LIN
1 1 Section 1. Section 48A.34, Code 2005, is amended to read
1 2 as follows:
1 3 48A.34 CONFIDENTIALITY OF CERTAIN RECORDS.
1 4 1. Voter registration records are available for public
1 5 inspection at reasonable times at the office of the county
1 6 commissioner. The commissioner and any voter registration
1 7 agency which has custody of voter registration records shall
1 8 take the necessary steps to ensure that the name of the agency
1 9 at which the voter registration form was submitted remains
1 10 confidential.
1 11 2. A person may request that the person's voter
1 12 registration record be kept confidential by submitting a
1 13 written request and a copy of a civil or criminal restraining
1 14 order or order for protection, naming the person or a member
1 15 of the person's household as plaintiff, to the county auditor
1 16 of the county in which the person resides. Upon receiving
1 17 such a request, the county auditor shall notify the state
1 18 registrar of voters, and both the auditor and the state
1 19 registrar of voters shall keep the person's voter registration
1 20 record confidential and shall not disclose it as a public
1 21 record.
1 22 3. In lieu of using the procedure in subsection 2, a
1 23 person may file a request in the district court of that
1 24 person's county of residence for an order requiring the
1 25 person's voter registration information to be kept
1 26 confidential. The request may be made on a form prepared by
1 27 the state registrar of voters. The form shall be available in
1 28 all county auditor offices.
1 29 The person shall include in the request an affidavit
1 30 stating the reasons the person believes the person's life or
1 31 safety or the life or safety of a member of the person's
1 32 household is in danger and shall attach supporting
1 33 documentation which may include but is not limited to:
1 34 a. A statement or report from a law enforcement agency,
1 35 medical professional, mental health professional, or domestic
2 1 violence shelter.
2 2 b. Witness statements regarding the incidents that cause
2 3 the person to believe the person's life or safety or the life
2 4 or safety of a member of the person's household is in danger.
2 5 Upon good cause shown in the request, affidavit, and
2 6 supporting documentation that the person believes the person's
2 7 life or safety or the life or safety of a member of the
2 8 person's household is in danger, the court shall order the
2 9 person's voter registration information to be kept
2 10 confidential. A copy of the order shall be mailed by the
2 11 clerk of the district court to the state registrar of voters
2 12 and to the county auditor of the county where the person's
2 13 voter registration record is maintained. Upon receipt of the
2 14 copy of the order, the county auditor and the state registrar
2 15 of voters shall keep the person's voter registration record
2 16 confidential and shall not disclose it as a public record.
2 17 Sec. 2. NEW SECTION. 441.58 CONFIDENTIALITY REQUIRED FOR
2 18 CERTAIN PERSONS.
2 19 1. Notwithstanding any provision to the contrary, the
2 20 assessor, local board of review, and assessment appeal board
2 21 shall keep confidential all information that is in the
2 22 possession of the assessor, board of review, or assessment
2 23 appeal board and that pertains to a property owner or taxpayer
2 24 who has requested confidentiality under this section.
2 25 2. A person who is an owner or taxpayer may request that
2 26 all information pertaining to the owner or taxpayer and in the
2 27 possession of the assessor, the board of review, or the
2 28 assessment appeal board be kept confidential by submitting a
2 29 written request and a copy of a civil or criminal restraining
2 30 order or order for protection, naming the person or a member
2 31 of the person's household as plaintiff, to the assessor of the
2 32 assessment jurisdiction in which the person resides and to the
2 33 assessor of any assessment jurisdiction in which the person
2 34 owns property or pays taxes on property. Upon receiving such
2 35 a request, the assessor shall notify the chairperson of the
3 1 board of review and the executive secretary of the assessment
3 2 appeal board and they shall keep all assessment information
3 3 pertaining to the person confidential and shall not disclose
3 4 it as a public record.
3 5 3. In lieu of using the procedure in subsection 2, a
3 6 person who is an owner or taxpayer may file a request in the
3 7 district court of that person's county of residence for an
3 8 order requiring that all assessment information pertaining to
3 9 the person be kept confidential. The request may be made on a
3 10 form prepared by the department of revenue. The form shall be
3 11 available in all city and county assessor offices.
3 12 The person shall include in the request an affidavit
3 13 stating the reasons the person believes the person's life or
3 14 safety or the life or safety of a member of the person's
3 15 household is in danger and shall attach supporting
3 16 documentation which may include but is not limited to:
3 17 a. A statement or report from a law enforcement agency,
3 18 medical professional, mental health professional, or domestic
3 19 violence shelter.
3 20 b. Witness statements regarding the incidents that cause
3 21 the person to believe the person's life or safety or the life
3 22 or safety of a member of the person's household is in danger.
3 23 Upon good cause shown in the request, affidavit, and
3 24 supporting documentation that the person believes the person's
3 25 life or safety or the life or safety of a member of the
3 26 person's household is in danger, the court shall order that
3 27 all assessment information pertaining to the person be kept
3 28 confidential. A copy of the order shall be mailed by the
3 29 clerk of the district court to the assessor of the assessment
3 30 jurisdiction in which the person resides and to the assessor
3 31 of the assessment jurisdiction where the person owns property.
3 32 Each assessor receiving a copy of the order shall forward a
3 33 copy of the order to the chairperson of the local board of
3 34 review and to the executive secretary of the assessment appeal
3 35 board. Upon receipt of the copy of the order, the assessor,
4 1 the local board of review, and the assessment appeal board
4 2 shall keep confidential all assessment information pertaining
4 3 to the person.
4 4 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
4 5 immediate importance, takes effect upon enactment.
4 6 EXPLANATION
4 7 This bill creates two methods by which a person may request
4 8 confidentiality of the person's voter registration information
4 9 and of any property tax assessment information pertaining to
4 10 the person. The first process allows the person to present to
4 11 the county auditor of the county in which the person resides
4 12 or to the assessor of the jurisdiction where the person
4 13 resides or owns property a copy of a civil or criminal
4 14 restraining order or order for protection involving the person
4 15 or a member of the person's household. Upon the person's
4 16 request and presentation of such order to the county auditor,
4 17 the county auditor shall notify the state registrar of voters
4 18 (secretary of state) that the person's voter registration
4 19 record is to be kept confidential. Upon the person's request
4 20 and presentation of such order to the assessor, the assessor
4 21 shall notify the local board of review and the assessment
4 22 appeal board, all of whom shall keep the person's assessment
4 23 information confidential.
4 24 The second process allows a person to file a request with
4 25 the district court in the county of the person's residence to
4 26 require the person's voter registration information or any
4 27 assessment information pertaining to the person be kept
4 28 confidential. The request shall include an affidavit stating
4 29 the person believes the person's life or safety or the life or
4 30 safety of a member of the person's household is in danger and
4 31 supporting documentation. The bill provides that supporting
4 32 documentation includes, but is not limited to, reports or
4 33 statements from law enforcement, a medical professional, a
4 34 mental health professional, or a domestic violence shelter,
4 35 and witness statements regarding the incidents that result in
5 1 the person's belief. The court shall order the person's voter
5 2 registration record or any assessment information pertaining
5 3 to the person be kept confidential upon showing of good cause.
5 4 The bill takes effect upon enactment.
5 5 LSB 5896XS 81
5 6 sc:nh/je/5.1