House Study Bill 162 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON BAUDLER) A BILL FOR An Act relating to certain peace officer personal information 1 in the possession of local officials and including effective 2 date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1891YC (1) 86 md/sc
H.F. _____ Section 1. NEW SECTION . 331.910 Limit of public access and 1 redaction of certain personal information —— request. 2 1. Notwithstanding chapter 22, an eligible person may 3 file a written request approved and signed by the eligible 4 person’s supervisor with a local official on a form prescribed 5 by the department of public safety, in consultation with 6 the Iowa county recorders association and the Iowa state 7 association of assessors, to prohibit the general public from 8 accessing the eligible person’s name, residential address, and 9 telephone number, as identified by the eligible person, that 10 are contained in instruments, books, records, indexes, and 11 other information under the authority of the local official, 12 including information displayed for access on an internet site, 13 and including but not limited to books and records kept by the 14 county auditor under section 331.508, books and records kept 15 by the county recorder under section 331.607, assessment rolls 16 and records kept by the local assessor, and the portions of the 17 county system under the authority of the local official. An 18 eligible person may also request that the name, residential 19 address, and telephone number of any immediate family member 20 of the eligible person be restricted and redacted in the same 21 manner as the information of the eligible person. 22 2. a. Within fifteen days of receiving the request, 23 the local official shall redact the eligible person’s name, 24 residential address, and telephone number, as identified by the 25 eligible person, from all instruments, books, records, indexes, 26 and other information kept by that local official and shall 27 ensure that such information does not appear in search results 28 on an internet site maintained by the local official. 29 b. The eligible person’s name, residential address, 30 and telephone number redacted under paragraph “a” shall 31 be replaced, if possible, in each applicable instrument, 32 book, record, index, or other source of information, with a 33 substitute name, residential address, or telephone number, as 34 applicable. The substitute information shall be entered in the 35 -1- LSB 1891YC (1) 86 md/sc 1/ 4
H.F. _____ instrument, book, record, index, or other source of information 1 so that the local official is able to identify the information 2 as a substitute. 3 c. The restriction on public access and the requirements 4 for redaction shall apply to instruments, books, records, 5 indexes, and other information in possession of the local 6 official at the time of the request and to instruments, books, 7 records, indexes, and other information received or contained 8 in documents or records prepared by the local official after 9 receiving the request. 10 3. This section shall not be interpreted to prohibit 11 access to the instruments, books, records, indexes, and other 12 information in possession of the local official by parties 13 to the instrument, a peace officer performing the officer’s 14 official duties, an attorney or abstractor participating in the 15 title guaranty program under chapter 16, or an escrow agent, or 16 access required pursuant to a court order. 17 4. For purposes of this section: 18 a. “Eligible person” means a peace officer as defined in 19 section 801.4. 20 b. “Local official” means a county auditor, county 21 treasurer, county recorder, or local assessor. 22 c. “Supervisor” means the chief executive officer of the 23 peace officer’s law enforcement agency. 24 Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2, subsection 25 3, shall not apply to this Act. 26 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 27 immediate importance, takes effect upon enactment. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill provides that an eligible person may file a written 32 request approved and signed by the eligible person’s supervisor 33 with one or more local officials to prohibit the general public 34 from accessing the eligible person’s name, residential address, 35 -2- LSB 1891YC (1) 86 md/sc 2/ 4
H.F. _____ and telephone number that are contained in instruments, books, 1 records, indexes, and other information under the authority 2 of the local official, including information displayed on 3 an internet site. The bill defines “eligible person” to be 4 a peace officer as defined in Code section 801.4. The bill 5 defines “local official” to mean a county auditor, county 6 treasurer, county recorder, or local assessor. The bill 7 defines “supervisor” as the chief executive officer of the 8 peace officer’s law enforcement agency. 9 The bill also allows an eligible person to request that 10 the name, residential address, and telephone number of any 11 immediate family member of the eligible person be restricted 12 and redacted in the same manner as the information of the 13 eligible person. 14 The bill requires the local official to, within 15 days 15 of receiving a request, redact the eligible person’s name, 16 residential address, and telephone number, as identified by the 17 eligible person, from all instruments, books, records, indexes, 18 and other information kept by that local official and ensure 19 that such information does not appear in search results on an 20 internet site maintained by the local official. 21 The bill requires that the eligible person’s redacted 22 name, residential address, and telephone number be replaced, 23 if possible, with a substitute name, residential address, or 24 telephone number. The substitute information must be entered 25 in the instrument, book, record, index, or other source of 26 information so that the local official is able to identify the 27 information as a substitute. 28 The bill provides that the restriction on public access 29 and the requirement for redaction shall not be interpreted to 30 prohibit access to the instruments, books, records, indexes, 31 and other information in possession of the local official 32 by parties to the instrument, a peace officer performing 33 the officer’s official duties, an attorney or abstractor 34 participating in the title guaranty program, or an escrow 35 -3- LSB 1891YC (1) 86 md/sc 3/ 4
H.F. _____ agent, or access required pursuant to a court order. 1 The bill may include a state mandate as defined in Code 2 section 25B.3. The bill makes inapplicable Code section 25B.2, 3 subsection 3, which would relieve a political subdivision from 4 complying with a state mandate if funding for the cost of 5 the state mandate is not provided or specified. Therefore, 6 political subdivisions are required to comply with any state 7 mandate included in the bill. 8 The bill takes effect upon enactment. 9 -4- LSB 1891YC (1) 86 md/sc 4/ 4