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