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