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 TLSB 1614XS (9) 85 rn/nh
S.F. 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 -1- LSB 1614XS (9) 85 rn/nh 1/ 4
S.F. 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 -2- LSB 1614XS (9) 85 rn/nh 2/ 4
S.F. 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 -3- LSB 1614XS (9) 85 rn/nh 3/ 4
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 -4- LSB 1614XS (9) 85 rn/nh 4/ 4