House File 309 - Reprinted HOUSE FILE 309 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 28) (As Amended and Passed by the House February 23, 2021 ) A BILL FOR An Act restricting public agency disclosure of and access 1 to certain personal information related to tax-exempt 2 organizations, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 309 (3) 89 cm/rh/md

H.F. 309 Section 1. Section 22.7, Code 2021, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 74. Personal information as defined in 3 section 22A.1. 4 Sec. 2. NEW SECTION . 22A.1 Definitions. 5 1. “Personal information” means any list, record, 6 register, registry, roll, roster, or other compilation of 7 data that directly or indirectly identifies a person as a 8 member, supporter, or volunteer of, or donor of financial 9 or nonfinancial support to, any entity which is exempt from 10 taxation under section 501(c) of the federal Internal Revenue 11 Code. “Personal information” does not include information 12 reportable to the secretary of state pursuant to chapter 504 or 13 information provided to the attorney general or state auditor 14 pursuant to chapter 504 or 537, or section 714.16. 15 2. “Public agency” means all of the following: 16 a. A state or municipal governmental unit, including but not 17 limited to the state of Iowa, and a department, agency, office, 18 commission, board, or division of the state. 19 b. A political subdivision of the state, including but not 20 limited to a county, city, township, village, school district, 21 or community college merged area. 22 c. An agency, authority, council, board, or commission of a 23 political subdivision of the state. 24 d. A state or local court, tribunal, or other judicial or 25 quasi-judicial body. 26 Sec. 3. NEW SECTION . 22A.2 Personal information protected. 27 1. A public agency shall not do any of the following: 28 a. Require an entity which is exempt from taxation under 29 section 501(c) of the federal Internal Revenue Code to provide 30 the public agency with personal information. 31 b. Release, publicize, or otherwise disclose personal 32 information in the possession of the public agency without 33 the express, written permission of every member, supporter, 34 volunteer, and donor of the tax-exempt entity identified in the 35 -1- HF 309 (3) 89 cm/rh/md 1/ 3

H.F. 309 information and the tax-exempt entity. 1 c. Request or require a current or prospective contractor 2 with the public agency to provide the public agency with a 3 list of entities exempt from taxation under section 501(c) of 4 the federal Internal Revenue Code to which the contractor has 5 provided financial or nonfinancial support. 6 2. This section does not prohibit any of the following: 7 a. Disclosure of personal information pursuant to a lawful 8 warrant issued by a court of competent jurisdiction. 9 b. Disclosure of personal information pursuant to a lawful 10 request for discovery if all of the following requirements are 11 met: 12 (1) The requestor demonstrates a compelling need for the 13 personal information by clear and convincing evidence. 14 (2) The requestor obtains a protective order barring 15 disclosure of personal information to any person not directly 16 involved in the litigation. 17 c. Disclosure of personal information pursuant to an 18 agreement between a public agency and an entity which is exempt 19 from taxation under section 501(c) of the federal Internal 20 Revenue Code. 21 d. Disclosure of personal information included in judicial 22 proceedings that are public pursuant to section 602.1601. 23 However, upon petition of an entity which is exempt from 24 taxation under section 501(c) of the federal Internal Revenue 25 Code, the court shall seal a case file that is otherwise 26 public pursuant to section 602.1601 to protect the personal 27 information contained in that file. 28 Sec. 4. NEW SECTION . 22A.3 Civil penalties. 29 1. A person alleging a violation of this chapter, section 30 504.1604, subsection 5, or section 504.1605, subsection 5, may 31 bring a civil action for injunctive relief, damages, or both. 32 Damages may include either of the following: 33 a. Not less than two thousand five hundred dollars in 34 compensatory damages for injury and loss for each violation. 35 -2- HF 309 (3) 89 cm/rh/md 2/ 3

H.F. 309 b. For an intentional violation, not more than three times 1 the amount described in paragraph “a” for each violation. 2 2. A court may, in its discretion, award all or a portion of 3 the costs of litigation, including reasonable attorney fees and 4 witness fees, to the complainant. 5 Sec. 5. NEW SECTION . 22A.4 Criminal penalties. 6 A person who knowingly violates a provision of this 7 chapter, section 504.1604, subsection 5, or section 504.1605, 8 subsection 5, is guilty of a serious misdemeanor punishable by 9 imprisonment for not more than ninety days or a fine of not 10 more than one thousand dollars, or both. 11 Sec. 6. NEW SECTION . 22A.5 Campaign disclosure Act not 12 affected. 13 This chapter shall not affect any provision of chapter 68A. 14 Sec. 7. Section 504.1604, Code 2021, is amended by adding 15 the following new subsection: 16 NEW SUBSECTION . 5. If the court orders inspection of 17 records containing personal information as defined in section 18 22A.1, such inspection shall be made under seal from public 19 disclosure. A person who violates this subsection is subject 20 to civil penalties under section 22A.3. A person who knowingly 21 violates this subsection is subject to criminal penalties under 22 section 22A.4. 23 Sec. 8. Section 504.1605, Code 2021, is amended by adding 24 the following new subsection: 25 NEW SUBSECTION . 5. To obtain personal information 26 as defined in section 22A.1. A person who violates this 27 subsection is subject to civil penalties under section 22A.3. 28 A person who knowingly violates this subsection is subject to 29 criminal penalties under section 22A.4. 30 -3- HF 309 (3) 89 cm/rh/md 3/ 3