Senate File 208 - Reprinted



                                     SENATE FILE       
                                     BY  COMMITTEE ON LOCAL GOVERNMENT

                                     (SUCCESSOR TO SSB 1191)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to documents recorded with the county recorder.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 1656SV 82
  4 eg/je/5

PAG LIN



  1  1    Section 1.  Section 331.606A, Code 2007, is amended by
  1  2 striking the section and inserting in lieu thereof the
  1  3 following:
  1  4    331.606A  DOCUMENT CONTENT == PERSONALLY IDENTIFIABLE
  1  5 INFORMATION.
  1  6    1.  DEFINITIONS.
  1  7    a.  "Personally identifiable information" means one or more
  1  8 of the following specific unique identifiers when combined
  1  9 with an individual's name:
  1 10    (1)  Social security number.
  1 11    (2)  Checking, savings, or share account number, credit,
  1 12 debit, or charge card number.
  1 13    b.  "Preparer" means the person or entity who creates,
  1 14 drafts, edits, revises, or last changes the documents that are
  1 15 recorded with the recorder.
  1 16    c.  "Redact" or "redaction" means the process of removing
  1 17 personally identifiable information from documents.
  1 18    2.  INCLUSION OF PERSONALLY IDENTIFIABLE INFORMATION.  The
  1 19 preparer of a document shall not include an individual's
  1 20 personally identifiable information in a document that is
  1 21 prepared and presented for recording in the office of the
  1 22 recorder.  This subsection shall not apply to documents that
  1 23 were executed by an individual prior to July 1, 2007.  Unless
  1 24 provided otherwise by law, all documents described by this
  1 25 section are subject to inspection and copying by the public.
  1 26    3.  REDACTION ON A RECORDER'S INTERNET WEBSITE.  If a
  1 27 document that includes an individual's personally identifiable
  1 28 information was recorded with the recorder and is available on
  1 29 the recorder's internet website, the individual may request
  1 30 that the recorder redact such information from the website.
  1 31 The recorder shall establish a procedure by which individuals
  1 32 may request that such personally identifiable information be
  1 33 redacted from the internet record available on the recorder's
  1 34 internet website, at no fee to the requesting individual.  The
  1 35 recorder shall comply with an individual's request to redact
  2  1 personally identifiable information.
  2  2    4.  LIABILITY OF PREPARER.  A preparer who, in violation of
  2  3 subsection 2, enters personally identifiable information in a
  2  4 document that is prepared and presented for recording is
  2  5 liable to the individual whose personally identifiable
  2  6 information appears in the recorded public document for actual
  2  7 damages of up to five hundred dollars for each act of
  2  8 recording.
  2  9    5.  APPLICABILITY.  This section shall not apply to a
  2 10 preparer of a state or federal tax lien, a military separation
  2 11 or discharge record, or a death certificate that is prepared
  2 12 for recording in the office of county recorder.  If a military
  2 13 separation or discharge record or a death certificate is
  2 14 recorded in the office of the county recorder, the military
  2 15 separation or discharge record or the death certificate shall
  2 16 not be accessible through the internet.
  2 17 SF 208
  2 18 eg:sc/cc/26