Senate
File
135
-
Introduced
SENATE
FILE
135
BY
PETERSEN
A
BILL
FOR
An
Act
providing
access
to
delayed
deposit
services
customer
1
information
by
designated
entities
for
specified
purposes,
2
providing
a
penalty,
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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135
Section
1.
Section
252B.9,
subsection
1,
paragraph
d,
1
subparagraph
(2),
Code
2013,
is
amended
to
read
as
follows:
2
(2)
Certain
records
held
by
public
utilities,
cable
or
3
other
television
companies,
cellular
telephone
companies,
4
and
internet
service
providers
,
or
delayed
deposit
services
5
businesses
with
respect
to
individuals
who
owe
or
are
6
owed
support,
or
against
or
with
respect
to
whom
a
support
7
obligation
is
sought,
consisting
of
the
names
and
addresses
of
8
such
individuals
and
the
names
and
addresses
of
the
employers
9
of
such
individuals,
as
appearing
in
customer
records,
and
10
including
the
cellular
telephone
numbers
of
such
individuals
11
appearing
in
the
customer
records
of
cellular
telephone
12
companies.
If
the
records
are
maintained
in
automated
13
databases,
the
unit
shall
be
provided
with
automated
access.
14
Sec.
2.
Section
421.17,
subsection
32,
Code
2013,
is
amended
15
to
read
as
follows:
16
32.
a.
To
the
extent
permissible
by
federal
law,
to
17
subpoena
certain
records
held
by
a
public
or
private
utility
18
company
or
a
delayed
deposit
services
business
with
respect
19
to
an
individual
who
has
a
debt
or
obligation
placed
with
the
20
centralized
collection
unit
of
the
department.
The
subpoena
21
authority
granted
in
this
subsection
may
be
used
only
after
22
reasonable
efforts
have
been
made
by
the
centralized
collection
23
unit
to
identify
and
locate
the
individual.
24
b.
The
department
may
subpoena
customer
records
in
order
to
25
obtain
a
telephone
number
and
last
known
address,
but
shall
not
26
request
or
require
the
disclosure
of
transaction
information,
27
account
activity,
or
proprietary
information.
28
c.
A
public
or
private
utility
company
or
a
delayed
29
deposit
services
business
shall
respond
to
the
subpoenas.
The
30
subpoenas
shall
not
be
served
more
frequently
than
quarterly.
31
d.
The
burden
of
showing
reasonable
cause
to
believe
that
32
the
documents
or
records
sought
by
the
subpoena
are
necessary
33
to
assist
the
department
under
this
subsection
shall
be
upon
34
the
director.
In
administering
this
subsection
,
the
director
35
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135
and
the
department
shall
comply
with
all
applicable
state
and
1
federal
laws
pertaining
to
the
confidentiality
or
privacy
of
2
individuals
,
or
public
or
private
utility
companies
,
or
delayed
3
deposit
services
businesses
.
The
information
and
customer
4
records
obtained
by
the
department
pursuant
to
this
subsection
5
are
confidential
records
and
are
not
subject
to
requests
for
6
examination
pursuant
to
chapter
22
.
7
e.
A
public
or
private
utility
company
or
a
delayed
deposit
8
services
business
shall
not
be
held
liable
for
any
action
9
arising
as
a
result
of
providing
the
records
described
in
10
paragraph
“b”
or
for
any
other
action
taken
reasonably
and
in
11
good
faith
to
comply
with
this
subsection
.
12
f.
As
used
in
this
subsection
,
“public
or
private
utility
13
company”
means
a
public
utility,
cable,
video,
or
satellite
14
television
company,
cellular
telephone
company,
or
internet
15
service
provider.
As
used
in
this
subsection,
“delayed
deposit
16
services
business”
means
the
same
as
defined
in
section
533D.2.
17
Sec.
3.
NEW
SECTION
.
533D.11A
Customer
information
——
18
required
disclosure.
19
1.
Each
licensee
shall
comply
with
the
provisions
of
section
20
252B.9,
subsection
1;
section
421.17,
subsection
32;
and
21
section
804.32
with
regard
to
supplying
customer
information
to
22
the
child
support
recovery
unit,
the
department
of
revenue,
and
23
the
department
of
public
safety
and
law
enforcement
agencies
24
upon
receipt
of
a
subpoena
requesting
the
information.
A
25
licensee
shall
not
be
required
to
submit
such
information
26
more
frequently
than
quarterly.
The
information
and
customer
27
records
obtained
shall
be
regarded
as
confidential
records
and
28
are
not
subject
to
requests
for
examination
pursuant
to
chapter
29
22.
30
2.
Refusal
to
obey
a
subpoena
issued
to
receive
the
31
information
may
be
punished
by
a
court
of
competent
32
jurisdiction
as
a
civil
contempt,
and
subject
to
any
additional
33
penalty
provisions
as
may
be
authorized
pursuant
to
section
34
252B.9,
421.17,
or
804.32.
35
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135
Sec.
4.
NEW
SECTION
.
804.32
Customer
information
——
1
subpoena
authority.
2
The
department
of
public
safety
or
a
local
law
enforcement
3
agency
may
subpoena
certain
records
held
by
a
delayed
deposit
4
services
business
with
respect
to
individuals
who
have
an
5
outstanding
warrant
issued
for
arrest,
requesting
the
names,
6
addresses,
and
telephone
numbers
of
such
individuals
as
7
appearing
in
customer
records.
If
the
records
are
maintained
8
in
automated
databases,
the
department
or
agency
shall
be
9
provided
with
automated
access.
Refusal
to
obey
a
subpoena
10
issued
pursuant
to
this
section
may
be
punished
by
a
court
of
11
competent
jurisdiction
as
a
civil
contempt.
12
EXPLANATION
13
This
bill
requires
that
designated
state
departments
and
14
law
enforcement
agencies
be
provided
access
to
delayed
deposit
15
services
customer
information
when
requested
by
the
department
16
or
agency
by
subpoena.
17
The
bill
provides
that
a
delayed
deposit
services
business
18
licensee
shall
comply
with
specified
provisions
referenced
in
19
the
bill
compelling
disclosure
of
customer
information
to
the
20
child
support
recovery
unit,
the
department
of
revenue,
and
21
the
department
of
public
safety
and
law
enforcement
agencies,
22
upon
receipt
of
a
subpoena
requesting
the
information.
The
23
bill
provides
that
a
licensee
shall
not
be
required
to
submit
24
such
information
more
frequently
than
quarterly,
and
that
the
25
information
and
customer
records
obtained
shall
be
regarded
as
26
confidential
records
not
subject
to
requests
for
examination
27
pursuant
to
Code
chapter
22.
The
bill
states
that
refusal
28
to
obey
a
subpoena
issued
to
receive
the
information
may
be
29
punished
by
a
court
of
competent
jurisdiction
as
a
civil
30
contempt,
as
well
as
pursuant
to
any
additional
penalty
31
provisions
authorized
by
the
respective
department
or
law
32
enforcement
agency.
33
With
regard
to
the
child
support
recovery
unit,
the
34
referenced
provisions
regarding
subpoena
authority
are
35
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S.F.
135
contained
in
Code
section
252B.9,
subsection
1.
The
bill
adds
1
delayed
deposit
services
businesses
to
a
list
of
entities
2
including
public
utilities,
cable
or
other
television
3
companies,
cellular
telephone
companies,
and
internet
service
4
providers
which
must
supply
customer
names
and
addresses,
5
employer
names
and
addresses,
and
cellular
telephone
numbers
6
in
the
case
of
a
cellular
telephone
company.
This
information
7
would
then
be
checked
to
determine
if
the
customer
is
an
8
individual
who
owes
or
is
owed
support,
or
is
someone
from
whom
9
a
support
obligation
is
sought.
Provisions
regarding
showing
10
good
cause
for
noncompliance,
and
imposing
a
penalty
of
$100
11
per
refusal
to
comply
after
a
finding
of
lack
of
good
cause,
12
would
apply.
13
With
regard
to
the
department
of
revenue,
the
referenced
14
provisions
regarding
subpoena
authority
are
contained
in
Code
15
section
421.17,
subsection
32.
The
bill
requires
delayed
16
deposit
services
businesses,
along
with
a
public
or
private
17
utility
company
as
currently
specified,
to
submit
a
telephone
18
number
and
last
known
address
to
the
department
upon
issuance
19
of
a
subpoena
to
obtain
the
information,
which
would
then
20
be
checked
to
determine
whether
the
customer
has
a
debt
or
21
obligation
placed
with
the
centralized
collection
unit
of
the
22
department.
23
With
regard
to
the
department
of
public
safety
and
law
24
enforcement
agencies,
the
bill
provides
that
names,
addresses,
25
and
telephone
numbers
shall
be
supplied
by
delayed
deposit
26
services
businesses
to
the
department
or
agency
to
determine
27
whether
the
customer
has
an
outstanding
warrant
issued
for
28
arrest.
29
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