House
File
816
-
Introduced
HOUSE
FILE
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HSB
277)
Passed
House,
Date
Passed
Senate,
Date
Vote:
Ayes
Nays
Vote:
Ayes
Nays
Approved
A
BILL
FOR
1
An
Act
allowing
the
department
of
revenue
to
subpoena
certain
2
customer
records
of
individuals
owing
taxes,
penalties,
or
3
interest
and
including
an
effective
date
provision.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
2511HV
83
6
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PAG
LIN
1
1
Section
1.
Section
421.17,
Code
2009,
is
amended
by
adding
1
2
the
following
new
subsection:
1 3
NEW
SUBSECTION
.
31.
a.
Notwithstanding
any
provisions
of
1
4
law
making
such
information
confidential,
to
subpoena
certain
1
5
records
held
by
a
public
or
private
utility
company
with
1
6
respect
to
an
individual
who
has
a
debt
or
obligation
placed
1
7
with
the
centralized
collection
unit
of
the
department.
1
8
b.
The
records
the
department
may
subpoena
include
but
are
1
9
not
limited
to
the
name
and
address
of
the
individual
and
the
1
10
name
and
address
of
the
employer
of
the
individual
as
such
1
11
information
appears
in
customer
records,
the
cellular
1
12
telephone
number
of
the
individual
appearing
in
the
customer
1
13
records
of
a
cellular
telephone
company,
and
any
other
1
14
personally
identifiable
information
which
may
reasonably
be
1
15
presumed
to
assist
the
department
in
locating
the
individual.
1
16
c.
A
public
or
private
utility
company
shall
respond
to
1
17
the
subpoenas.
The
subpoenas
shall
not
be
served
more
1
18
frequently
than
quarterly.
A
subpoena
shall
not
be
served
on
1
19
a
cable
operator
regulated
under
47
U.S.C.
}
551,
or
a
1
20
successor
statute.
1
21
d.
The
burden
of
showing
reasonable
cause
to
believe
that
1
22
the
documents
or
records
sought
by
the
subpoena
are
necessary
1
23
to
assist
the
department
under
this
subsection
shall
be
upon
1
24
the
director.
1
25
e.
A
public
or
private
utility
company
shall
not
be
held
1
26
liable
for
any
action
arising
as
a
result
of
providing
the
1
27
records
described
in
paragraph
"b"
or
for
any
other
action
1
28
taken
reasonably
and
in
good
faith
to
comply
with
this
1
29
subsection.
1
30
f.
As
used
in
this
subsection,
"public
or
private
utility
1
31
company"
means
a
public
utility,
cable,
video,
or
satellite
1
32
television
company,
cellular
telephone
company,
or
internet
1
33
service
provider.
1
34
Sec.
2.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
1
35
2010.
2
1
EXPLANATION
2
2
This
bill
allows
the
department
of
revenue
to
subpoena
2
3
certain
records
held
by
public
or
private
utilities,
including
2
4
cable,
video,
or
satellite
television
companies,
cellular
2
5
telephone
companies,
and
internet
service
providers.
The
2
6
records
that
may
be
subpoenaed
pertain
to
individuals
who
owe
2
7
taxes,
penalties,
or
interest
to
the
department.
2
8
The
records
the
department
may
subpoena
include
the
name
2
9
and
address
of
the
individual
and
the
name
and
address
of
the
2
10
individual's
employer,
as
that
information
appears
in
customer
2
11
records,
and
the
cellular
telephone
number
of
the
individual
2
12
appearing
in
the
customer
records
of
a
cellular
telephone
2
13
company
and
any
other
personally
identifiable
information
2
14
reasonably
presumed
to
assist
the
department
in
identifying
2
15
the
individual.
2
16
A
public
or
private
utility
must
respond
to
the
subpoenas.
2
17
Subpoenas
may
not
be
issued
more
frequently
than
quarterly
and
2
18
may
not
be
served
on
certain
cable
companies
regulated
under
2
19
federal
law.
2
20
The
director
has
the
burden
of
showing
reasonable
cause
to
2
21
subpoena
the
records.
2
22
A
public
or
private
utility
company
cannot
be
held
liable
2
23
for
actions
taken
reasonably
and
in
good
faith
when
complying
2
24
with
a
subpoena.
2
25
The
bill
takes
effect
January
1,
2010.
2
26
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