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
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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
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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
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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
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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
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