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House Study Bill 115 - IntroducedA Bill ForAn Act 1relating to judicial officer, prosecuting attorney,
2and peace officer personal information under the control
3of local officials, providing penalties, and including
4effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 331.911 Request to limit public
2access to certain judicial officer, prosecuting attorney, and
3peace officer personal information — internet sites.
41. Notwithstanding chapter 22, a currently active or
5retired state or local judicial officer, as defined in section
64.1, a currently active or retired state or local prosecuting
7attorney or peace officer, as those terms are defined in
8section 801.4, or a spouse or child of such a person, may file
9a written request with a local official on a form prescribed by
10the department of public safety, in consultation with the Iowa
11county recorders association and the Iowa state association of
12assessors, to prohibit the general public from accessing, on an
13internet site maintained by the local official, the judicial
14officer’s, prosecuting attorney’s, or peace officer’s name,
15including the name of a spouse or child, residential address,
16and telephone number, as identified by the judicial officer,
17prosecuting attorney, peace officer, spouse, or child, that are
18contained in instruments, books, records, indexes, and other
19information under the authority of the local official.
202. Within fifteen days of receiving the request, the local
21official shall ensure that the information identified under
22subsection 1 does not appear in search results on an internet
23site maintained by the local official.
243. A local official who knowingly releases or publicizes the
25name, residential address, or telephone number of a person who
26has had information removed from an internet site maintained
27by the local official pursuant to this section is guilty of an
28aggravated misdemeanor.
294. a. A person identified in subsection 1 who is injured
30as a result of a violation of this section may bring a civil
31action in the district court of the county in which the
32violation occurred for any of the following remedies:
33(1) A declaratory judgment.
34(2) Injunctive relief.
35(3) Actual, incidental, and consequential damages.
-1- 1(4) Other equitable relief which the court deems
2appropriate.
3b. The prevailing party in an action brought under this
4subsection shall be awarded all costs of such litigation
5including reasonable attorney fees.
65. For purposes of this section, “local official” means a
7county auditor, county treasurer, county recorder, or local
8assessor.
9 Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2, subsection
103, shall not apply to this Act.
11 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
12importance, takes effect upon enactment.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill relates to judicial officer, prosecuting attorney,
17and peace officer personal information under the control of
18local officials, including a county auditor, county treasurer,
19county recorder, or local assessor.
20The bill provides that a currently active or retired state
21or local judicial officer, a currently active or retired state
22or local prosecuting attorney or peace officer, or a spouse or
23child of such a person, may file a written request with a local
24official to prohibit the general public from accessing, on an
25internet site maintained by the local official, the judicial
26officer’s, prosecuting attorney’s, or peace officer’s name,
27including the name of a spouse or child, residential address,
28and telephone number, contained in instruments, books, records,
29indexes, and other information under the authority of the local
30official. Within 15 days of receiving the request, the local
31official shall ensure that the information does not appear in
32search results on an internet site maintained by the local
33official.
34The bill provides a local official who knowingly releases
35or publicizes the name, residential address, or telephone
-2-1number of a person who has had information removed from an
2internet site maintained by the local official is guilty of
3an aggravated misdemeanor. An aggravated misdemeanor is
4punishable by confinement for no more than two years and a
5fine of at least $855 but not more than $8,540. A person who
6is injured as a result of a violation of the bill may bring
7a civil action seeking a declaratory judgment; injunctive
8relief; actual, incidental, and consequential damages; and
9other equitable relief which the court deems appropriate. The
10prevailing party in the action shall be awarded all costs of
11such litigation including reasonable attorney fees.
12The bill may include a state mandate as defined in Code
13section 25B.3. The bill makes inapplicable Code section 25B.2,
14subsection 3, which would relieve a political subdivision from
15complying with a state mandate if funding for the cost of
16the state mandate is not provided or specified. Therefore,
17political subdivisions are required to comply with any state
18mandate included in the bill.
19The bill takes effect upon enactment.
-3-as/ns
2and peace officer personal information under the control
3of local officials, providing penalties, and including
4effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 331.911 Request to limit public
2access to certain judicial officer, prosecuting attorney, and
3peace officer personal information — internet sites.
41. Notwithstanding chapter 22, a currently active or
5retired state or local judicial officer, as defined in section
64.1, a currently active or retired state or local prosecuting
7attorney or peace officer, as those terms are defined in
8section 801.4, or a spouse or child of such a person, may file
9a written request with a local official on a form prescribed by
10the department of public safety, in consultation with the Iowa
11county recorders association and the Iowa state association of
12assessors, to prohibit the general public from accessing, on an
13internet site maintained by the local official, the judicial
14officer’s, prosecuting attorney’s, or peace officer’s name,
15including the name of a spouse or child, residential address,
16and telephone number, as identified by the judicial officer,
17prosecuting attorney, peace officer, spouse, or child, that are
18contained in instruments, books, records, indexes, and other
19information under the authority of the local official.
202. Within fifteen days of receiving the request, the local
21official shall ensure that the information identified under
22subsection 1 does not appear in search results on an internet
23site maintained by the local official.
243. A local official who knowingly releases or publicizes the
25name, residential address, or telephone number of a person who
26has had information removed from an internet site maintained
27by the local official pursuant to this section is guilty of an
28aggravated misdemeanor.
294. a. A person identified in subsection 1 who is injured
30as a result of a violation of this section may bring a civil
31action in the district court of the county in which the
32violation occurred for any of the following remedies:
33(1) A declaratory judgment.
34(2) Injunctive relief.
35(3) Actual, incidental, and consequential damages.
-1- 1(4) Other equitable relief which the court deems
2appropriate.
3b. The prevailing party in an action brought under this
4subsection shall be awarded all costs of such litigation
5including reasonable attorney fees.
65. For purposes of this section, “local official” means a
7county auditor, county treasurer, county recorder, or local
8assessor.
9 Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2, subsection
103, shall not apply to this Act.
11 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
12importance, takes effect upon enactment.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill relates to judicial officer, prosecuting attorney,
17and peace officer personal information under the control of
18local officials, including a county auditor, county treasurer,
19county recorder, or local assessor.
20The bill provides that a currently active or retired state
21or local judicial officer, a currently active or retired state
22or local prosecuting attorney or peace officer, or a spouse or
23child of such a person, may file a written request with a local
24official to prohibit the general public from accessing, on an
25internet site maintained by the local official, the judicial
26officer’s, prosecuting attorney’s, or peace officer’s name,
27including the name of a spouse or child, residential address,
28and telephone number, contained in instruments, books, records,
29indexes, and other information under the authority of the local
30official. Within 15 days of receiving the request, the local
31official shall ensure that the information does not appear in
32search results on an internet site maintained by the local
33official.
34The bill provides a local official who knowingly releases
35or publicizes the name, residential address, or telephone
-2-1number of a person who has had information removed from an
2internet site maintained by the local official is guilty of
3an aggravated misdemeanor. An aggravated misdemeanor is
4punishable by confinement for no more than two years and a
5fine of at least $855 but not more than $8,540. A person who
6is injured as a result of a violation of the bill may bring
7a civil action seeking a declaratory judgment; injunctive
8relief; actual, incidental, and consequential damages; and
9other equitable relief which the court deems appropriate. The
10prevailing party in the action shall be awarded all costs of
11such litigation including reasonable attorney fees.
12The bill may include a state mandate as defined in Code
13section 25B.3. The bill makes inapplicable Code section 25B.2,
14subsection 3, which would relieve a political subdivision from
15complying with a state mandate if funding for the cost of
16the state mandate is not provided or specified. Therefore,
17political subdivisions are required to comply with any state
18mandate included in the bill.
19The bill takes effect upon enactment.
-3-as/ns