HF 724 (LSB 2860YH (5) 91)

HOUSE FILE 724

BY  LAWLER

A BILL FOR

An Act relating to the duties of fire officials and reports of fires and emergency responses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 100.2, Code 2025, is amended to read as follows:
   100.2  Duties of fire officials.
   The chief of the fire department or the chief’s designee of every city or township in which a fire department is established or the chief of the fire department or the chief’s designee responding to every township fire where there is a contract for fire protection in effect shall investigate into the cause, origin, and circumstances of every fire occurring in the city or township by which property has been destroyed or damaged or which results in bodily injury to a person, and determine whether the fire was the result of natural causes, negligence or design resulting in property damage, bodily injury, or destruction.  The investigation shall determine whether the fire was caused by natural factors, negligence, or intentional action. The state fire marshal may assist in the investigation or may direct the investigation if the fire marshal finds it necessary.
    Sec. 2.  Section 321.11, subsections 3 and 4, Code 2025, are amended to read as follows:
   3.  Notwithstanding other provisions of this section to the contrary, the department shall not release personal information to a person, other than to an officer or employee of a law enforcement agency, an officer or employee of a fire department pursuant to section 100.2, an employee of a federal or state agency or political subdivision in the performance of the employee’s official duties, a contract employee of the department of inspections, appeals, and licensing in the conduct of an investigation, or a licensed private investigation agency or a licensed security service or a licensed employee of either, if the information is requested by the presentation of a registration plate number. In addition, an officer or employee of a law enforcement agency may release the name, address, and telephone number of a motor vehicle registrant to a person requesting the information by the presentation of a registration plate number if the officer or employee of the law enforcement agency believes that the release of the information is necessary in the performance of the officer’s or employee’s duties.
   4.  The department shall not release personal information that is in the form of a person’s photograph or digital image or a digital reproduction of a person’s photograph to a person other than an officer or employee of a law enforcement agency or fire department, an employee of a federal or state agency or political subdivision in the performance of the employee’s official duties, a contract employee of the department of inspections, appeals, and licensing in the conduct of an investigation, or a licensed private investigation agency or a licensed security service or a licensed employee of either, regardless of whether a person has provided express written consent to disclosure of the information. The department may collect reasonable fees for copies of records or other services provided pursuant to this section or section 22.3, 321.10, or 622.46.
    Sec. 3.  Section 692.1, subsection 7, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   “Criminal or juvenile justice agency” means either any of the following: 
    Sec. 4.  Section 692.1, subsection 7, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  The fire marshal or an officer or employee of a fire department pursuant to chapter 100.
    Sec. 5.  REPEAL.  Section 100.3, Code 2025, is repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the duties of fire officials and reports of fires and emergency responses.
   The bill provides that the chief of the fire department or the chief’s designee of every city or township in which a fire department is established or every township where there is a contract for fire protection in effect shall investigate into the cause, origin, and circumstances of every fire occurring in the city or township resulting in property damage, bodily injury, or destruction. The investigation shall determine whether the fire was caused by natural factors, negligence, or intentional action.
   The bill adds an officer or employee of a fire department pursuant to Code section 100.2 to the list of persons allowed access to personal information contained in records of the department of transportation if the information is requested by the presentation of a registration plate number.
   The bill adds an employee of a fire department to the list of persons allowed access to personal information that is in the form of a person’s photograph or digital image or a digital reproduction of a person’s photograph.
   The bill adds the fire marshal or an officer or employee of a fire department to the definition of a “criminal or juvenile justice agency”.
   The bill repeals Code section 100.3 (reports of fires and emergency responses).