H.F. _____ Section 1. Section 22.7, Code 2019, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 74. Personal information as defined in 3 section 22A.1. 4 Sec. 2. NEW SECTION . 22A.1 Definitions. 5 1. “Personal information” means any list, record, 6 register, registry, roll, roster, or other compilation of 7 data that directly or indirectly identifies a person as a 8 member, supporter, or volunteer of, or donor of financial 9 or nonfinancial support to, any entity which is exempt from 10 taxation under section 501(c) of the federal Internal Revenue 11 Code. “Personal information” does not include information 12 reportable to the secretary of state pursuant to section 13 504.1613. 14 2. “Public agency” means all of the following: 15 a. A state or municipal governmental unit, including but 16 not limited to the state of Iowa, a department, agency, office, 17 commission, board, or division of the state. 18 b. A political subdivision of the state, including but not 19 limited to a county, city, township, village, school district, 20 or community college merged area. 21 c. An agency, authority, council, board, or commission of a 22 political subdivision of the state. 23 d. A state or local court, tribunal, or other judicial or 24 quasi-judicial body. 25 Sec. 3. NEW SECTION . 22A.2 Personal information protected. 26 1. A public agency shall not do any of the following: 27 a. Require an entity which is exempt from taxation under 28 section 501(c) of the federal Internal Revenue Code to provide 29 the public agency with personal information. 30 b. Release, publicize, or otherwise disclose personal 31 information in the possession of the public agency without 32 the express, written permission of every member, supporter, 33 volunteer, and donor of the tax-exempt entity identified in the 34 information and the tax-exempt entity. 35 -1- LSB 2755YC (2) 88 ss/jh 1/ 4

H.F. _____ c. Request or require a current or prospective contractor 1 with the public agency to provide the public agency with a 2 list of entities exempt from taxation under section 501(c) of 3 the federal Internal Revenue Code to which the contractor has 4 provided financial or nonfinancial support. 5 2. This section does not prohibit any of the following: 6 a. Disclosure of personal information pursuant to a lawful 7 warrant issued by a court of competent jurisdiction. 8 b. Disclosure of personal information pursuant to a lawful 9 request for discovery if all of the following requirements are 10 met: 11 (1) The requestor demonstrates a compelling need for the 12 personal information by clear and convincing evidence. 13 (2) The requestor obtains a protective order barring 14 disclosure of personal information to any person not directly 15 involved in the litigation. 16 Sec. 4. NEW SECTION . 22A.3 Civil penalties. 17 1. A person alleging a violation of this chapter, section 18 504.1604, subsection 5, or section 504.1605, subsection 5, may 19 bring a civil action for injunctive relief, damages, or both. 20 Damages may include either of the following: 21 a. Not less than two thousand five hundred dollars in 22 compensatory damages for injury and loss for each violation. 23 b. For an intentional violation, not more than three times 24 the amount described in paragraph “a” for each violation. 25 2. A court may, in its discretion, award all or a portion of 26 the costs of litigation, including reasonable attorney fees and 27 witness fees, to the complainant. 28 Sec. 5. NEW SECTION . 22A.4 Criminal penalties. 29 A person who knowingly violates a provision of this 30 chapter, section 504.1604, subsection 5, or section 504.1605, 31 subsection 5, is guilty of a serious misdemeanor punishable by 32 imprisonment for not more than ninety days or a fine of not 33 more than one thousand dollars, or both. 34 Sec. 6. NEW SECTION . 22A.5 Campaign disclosure Act not 35 -2- LSB 2755YC (2) 88 ss/jh 2/ 4

H.F. _____ affected. 1 This chapter shall not affect any provision of chapter 68A. 2 Sec. 7. Section 504.1604, Code 2019, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 5. If the court orders inspection of 5 records containing personal information as defined in section 6 22A.1, such inspection shall be made under seal from public 7 disclosure. A person who violates this subsection is subject 8 to civil penalties under section 22A.3. A person who knowingly 9 violates this subsection is subject to criminal penalties under 10 section 22A.4. 11 Sec. 8. Section 504.1605, Code 2019, is amended by adding 12 the following new subsection: 13 NEW SUBSECTION . 5. To obtain personal information 14 as defined in section 22A.1. A person who violates this 15 subsection is subject to civil penalties under section 22A.3. 16 A person who knowingly violates this subsection is subject to 17 criminal penalties under section 22A.4. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to certain personal information in 22 the possession of certain tax-exempt and governmental 23 entities. The bill prohibits a public agency, defined in 24 the bill to include any governmental entity of Iowa or a 25 political subdivision, from seeking the disclosure of personal 26 information from an organization exempt from taxation under 27 section 501(c) of the federal Internal Revenue Code that 28 would directly or indirectly reveal the identity of a member, 29 supporter, volunteer, or donor of the organization, or from 30 requesting from a current or potential contractor a list of 31 tax-exempt organizations that the contractor has supported. 32 The bill also prohibits a public agency from publishing any 33 such information that the public agency possesses. 34 The bill allows the disclosure of personal information 35 -3- LSB 2755YC (2) 88 ss/jh 3/ 4

H.F. _____ pursuant to a lawful warrant or discovery request. However, 1 the bill requires the proponent of such a discovery request 2 to show a compelling need for the information by clear and 3 convincing evidence and to obtain a protective order barring 4 unnecessary disclosure of the information. 5 The bill amends the revised Iowa nonprofit corporation Act 6 to require any inspection of corporate records containing 7 personal information to be made under seal from public 8 disclosure. The bill also prohibits corporate records from 9 being used to obtain personal information. 10 The bill exempts personal information from the definition of 11 public records under Code chapter 22. 12 A person who violates a provision of the bill is subject to 13 a civil penalty of not less than $2,500 per violation, and not 14 more than three times that amount for an intentional violation. 15 The bill allows a court to award to a prevailing plaintiff an 16 amount equal to all or a portion of the costs of litigation, 17 including attorney and witness fees. 18 A person who knowingly violates a provision of the bill is 19 guilty of a serious misdemeanor punishable by imprisonment for 20 not more than 90 days, a fine of $1,000, or both. 21 The bill does not affect any provision of Code chapter 68A, 22 which relates to campaign finance. 23 -4- LSB 2755YC (2) 88 ss/jh 4/ 4