Senate File 2313 - Reprinted SENATE FILE BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SF 2203) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to confidentiality of certain information on 2 voter registration records and city and county public records 3 for certain persons and including effective and applicability 4 date provisions 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 SF 2313 7 sc/cc/26 PAG LIN 1 1 Section 1. NEW SECTION. 22.7A CONFIDENTIALITY OF 1 2 INFORMATION ON CERTAIN COUNTY PUBLIC RECORDS. 1 3 1. Notwithstanding any provision to the contrary, a county 1 4 shall not disclose the name of a person who has requested 1 5 confidentiality under subsection 2 or who has received an 1 6 order requiring confidentiality under subsection 3 with 1 7 respect to public records posted on the county's website, 1 8 posted on the website of any county officer, or supplied by 1 9 any county officer for posting on another website. 1 10 2. A person may request confidentiality by submitting a 1 11 written request and a copy of a civil or criminal restraining 1 12 order or order for protection, naming the person or a member 1 13 of the person's household as plaintiff, to the county auditor. 1 14 Upon receiving such a request, the county auditor shall notify 1 15 the chairperson of the board of supervisors and each county 1 16 officer charged with keeping or maintaining public records, 1 17 and it shall be the duty of the county officers to not 1 18 disclose the person's name as part of a public record as 1 19 provided in subsection 1. 1 20 3. In lieu of using the procedure in subsection 2, a 1 21 person may file a petition in the district court of the county 1 22 for an order requiring confidentiality. The person shall 1 23 include in the petition an affidavit stating the reasons the 1 24 person believes the person's life or safety or the life or 1 25 safety of a member of the person's household is in danger and 1 26 shall attach supporting documentation which may include but is 1 27 not limited to: 1 28 a. A statement or report from a law enforcement agency, 1 29 medical professional, mental health professional, or domestic 1 30 violence shelter. 1 31 b. Witness statements regarding the incidents that cause 1 32 the person to believe the person's life or safety or the life 1 33 or safety of a member of the person's household is in danger. 1 34 Upon good cause shown in the petition, affidavit, and 1 35 supporting documentation that the person believes the person's 2 1 life or safety or the life or safety of a member of the 2 2 person's household is in danger, the court shall order that 2 3 the person's name shall not be disclosed as part of a public 2 4 record as provided in subsection 1. A copy of the order shall 2 5 be mailed by the clerk of the district court to the county 2 6 auditor. The county auditor shall forward a copy of the order 2 7 to the chairperson of the board of supervisors and to each 2 8 county officer charged with keeping or maintaining public 2 9 records, and it shall be the duty of the county officers to 2 10 not disclose the person's name as part of a public record as 2 11 provided in subsection 1. 2 12 Sec. 2. NEW SECTION. 22.7B CONFIDENTIALITY OF 2 13 INFORMATION ON CERTAIN CITY PUBLIC RECORDS. 2 14 1. Notwithstanding any provision to the contrary, a city 2 15 shall not disclose the name of a person who has requested 2 16 confidentiality under subsection 2 or who has received an 2 17 order requiring confidentiality under subsection 3 with 2 18 respect to public records posted on the city's website, posted 2 19 on the website of any city officer, or supplied by any city 2 20 officer for posting on another website. 2 21 2. A person may request confidentiality by submitting a 2 22 written request and a copy of a civil or criminal restraining 2 23 order or order for protection, naming the person or a member 2 24 of the person's household as plaintiff, to the city clerk. 2 25 Upon receiving such a request, the city clerk shall notify the 2 26 city council and each city officer charged with keeping or 2 27 maintaining public records, and it shall be the duty of the 2 28 city officers to not disclose the person's name as part of a 2 29 public record as provided in subsection 1. 2 30 3. In lieu of using the procedure in subsection 2, a 2 31 person may file a petition in the district court of the county 2 32 for an order requiring confidentiality. The person shall 2 33 include in the petition an affidavit stating the reasons the 2 34 person believes the person's life or safety or the life or 2 35 safety of a member of the person's household is in danger and 3 1 shall attach supporting documentation which may include but is 3 2 not limited to: 3 3 a. A statement or report from a law enforcement agency, 3 4 medical professional, mental health professional, or domestic 3 5 violence shelter. 3 6 b. Witness statements regarding the incidents that cause 3 7 the person to believe the person's life or safety or the life 3 8 or safety of a member of the person's household is in danger. 3 9 Upon good cause shown in the petition, affidavit, and 3 10 supporting documentation that the person believes the person's 3 11 life or safety or the life or safety of a member of the 3 12 person's household is in danger, the court shall order that 3 13 the person's name shall not be disclosed as part of a public 3 14 record as provided in subsection 1. A copy of the order shall 3 15 be mailed by the clerk of the district court to the city 3 16 clerk. The city clerk shall forward a copy of the order to 3 17 the city council and to each city officer charged 3 18 with keeping or maintaining public records, and it shall be 3 19 the duty of the city officers to not disclose the person's 3 20 name as part of a public record as provided in subsection 1. 3 21 Sec. 3. Section 48A.34, Code 2005, is amended to read as 3 22 follows: 3 23 48A.34 CONFIDENTIALITY OF INFORMATION ON CERTAIN RECORDS. 3 24 1. Voter registration records are available for public 3 25 inspection at reasonable times at the office of the county 3 26 commissioner. The commissioner and any voter registration 3 27 agency which has custody of voter registration records shall 3 28 take the necessary steps to ensure that the name of the agency 3 29 at which the voter registration form was submitted remains 3 30 confidential. 3 31 2. A person may request that the person's name not be 3 32 disclosed on voter registration records by submitting a 3 33 written request for confidentiality and a copy of a civil or 3 34 criminal restraining order or order for protection, naming the 3 35 person or a member of the person's household as plaintiff, to 4 1 the county auditor of the county in which the person resides. 4 2 Upon receiving such a request, the county auditor shall notify 4 3 the state registrar of voters, and it shall be the duty of 4 4 both the auditor and the state registrar of voters to not 4 5 disclose the person's name on voter registration records. 4 6 3. In lieu of using the procedure in subsection 2, a 4 7 person may file a petition in the district court of that 4 8 person's county of residence for an order requiring that the 4 9 person's name not be disclosed as part of voter registration 4 10 records. The person shall include in the petition an 4 11 affidavit stating the reasons the person believes the person's 4 12 life or safety or the life or safety of a member of the 4 13 person's household is in danger and shall attach supporting 4 14 documentation which may include but is not limited to: 4 15 a. A statement or report from a law enforcement agency, 4 16 medical professional, mental health professional, or domestic 4 17 violence shelter. 4 18 b. Witness statements regarding the incidents that cause 4 19 the person to believe the person's life or safety or the life 4 20 or safety of a member of the person's household is in danger. 4 21 Upon good cause shown in the petition, affidavit, and 4 22 supporting documentation that the person believes the person's 4 23 life or safety or the life or safety of a member of the 4 24 person's household is in danger, the court shall order that 4 25 the person's name shall not be disclosed on voter registration 4 26 records. A copy of the order shall be mailed by the clerk of 4 27 the district court to the state registrar of voters and to the 4 28 county auditor of the county where the voter registration 4 29 records are maintained. Upon receipt of the copy of the 4 30 order, it shall be the duty of the county auditor and the 4 31 state registrar of voters to not disclose the person's name as 4 32 part of voter registration records. 4 33 4. For purposes of subsections 2 and 3, "voter 4 34 registration record" means data on registration, participation 4 35 in elections, and inclusion on voter registration lists. 5 1 Sec. 4. EFFECTIVE DATE. This Act, being deemed of 5 2 immediate importance, takes effect upon enactment. 5 3 Sec. 5. APPLICABILITY DATE. The section of this Act 5 4 amending section 48A.34 first applies to voter registration 5 5 records made available for public inspection and disbursement 5 6 on or after January 1, 2007. 5 7 SF 2313 5 8 sc/cc/26