SENATE FILE 2058

BY  DANIELSON

A BILL FOR

An Act relating to certain records of city utilities and city enterprises containing private customer information.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 388.9, subsection 2, paragraph a, Code 2011, is amended to read as follows:
   a.  Notwithstanding section 22.2, subsection 1, public records of a city utility or combined utility system, or a city enterprise or combined city enterprise as defined in section 384.80, which shall not be examined or copied as of right, include proprietary information, records of customer names and accounts,
 
any portion of a record that contains private customer information, records associated with marketing or pricing strategies, preliminary working papers, spreadsheet scenarios, and cost data, if the competitive position of the city utility, combined utility system, city enterprise, or combined city enterprise would be harmed by public disclosure not required of a potential or actual competitor, and if no public purpose would be served by such disclosure. A public record not subject to examination or copying under this subsection shall be available for public examination and copying at that point in time when public disclosure would no longer harm the competitive position of the city utility, combined utility system, city enterprise, or combined city enterprise.
    Sec. 2.  Section 388.9, subsection 2, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  For purposes of this subsection, “private customer information” means information concerning a specific customer, a specific customer account, or a specific user of an internet site if the governing body of the city utility or combined utility system, or the city enterprise or combined city enterprise adopts a policy defining such information as private customer information in order to protect the privacy of customers or internet site user information and records.
EXPLANATION
   This bill relates to the customer records of city utilities and city enterprises.
   The bill provides that portions of records of a city utility or combined utility system, or a city enterprise or combined city enterprise containing private customer information shall not be examined or copied as of right pursuant to Code section 22.2(1). The bill defines private customer information as information concerning a specific customer, a specific customer account, or a specific user of an internet site if the governing body of the city utility or city enterprise has adopted a privacy policy defining such information as private customer information.