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House File 309 - IntroducedA Bill ForAn Act 1restricting public agency disclosure of and access
2to certain personal information related to tax-exempt
3organizations, and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 22.7, Code 2021, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 74. Personal information as defined in
4section 22A.1.
5 Sec. 2. NEW SECTION. 22A.1 Definitions.
61. “Personal information” means any list, record,
7register, registry, roll, roster, or other compilation of
8data that directly or indirectly identifies a person as a
9member, supporter, or volunteer of, or donor of financial
10or nonfinancial support to, any entity which is exempt from
11taxation under section 501(c) of the federal Internal Revenue
12Code. “Personal information” does not include information
13reportable to the secretary of state pursuant to section
14504.1613 or information provided to the attorney general or
15state auditor pursuant to chapter 504 or 537, or section
16714.16.
172. “Public agency” means all of the following:
18a. A state or municipal governmental unit, including but not
19limited to the state of Iowa, and a department, agency, office,
20commission, board, or division of the state.
21b. A political subdivision of the state, including but not
22limited to a county, city, township, village, school district,
23or community college merged area.
24c. An agency, authority, council, board, or commission of a
25political subdivision of the state.
26d. A state or local court, tribunal, or other judicial or
27quasi-judicial body.
28 Sec. 3. NEW SECTION. 22A.2 Personal information protected.
291. A public agency shall not do any of the following:
30a. Require an entity which is exempt from taxation under
31section 501(c) of the federal Internal Revenue Code to provide
32the public agency with personal information.
33b. Release, publicize, or otherwise disclose personal
34information in the possession of the public agency without
35the express, written permission of every member, supporter,
-1-1volunteer, and donor of the tax-exempt entity identified in the
2information and the tax-exempt entity.
3c. Request or require a current or prospective contractor
4with the public agency to provide the public agency with a
5list of entities exempt from taxation under section 501(c) of
6the federal Internal Revenue Code to which the contractor has
7provided financial or nonfinancial support.
82. This section does not prohibit any of the following:
9a. Disclosure of personal information pursuant to a lawful
10warrant issued by a court of competent jurisdiction.
11b. Disclosure of personal information pursuant to a lawful
12request for discovery if all of the following requirements are
13met:
14(1) The requestor demonstrates a compelling need for the
15personal information by clear and convincing evidence.
16(2) The requestor obtains a protective order barring
17disclosure of personal information to any person not directly
18involved in the litigation.
19c. Disclosure of personal information pursuant to an
20agreement between a public agency and an entity which is exempt
21from taxation under section 501(c) of the federal Internal
22Revenue Code.
23d. Disclosure of personal information included in judicial
24proceedings that are public pursuant to section 602.1601.
25However, upon petition of an entity which is exempt from
26taxation under section 501(c) of the federal Internal Revenue
27Code, the court shall seal a case file that is otherwise
28public pursuant to section 602.1601 to protect the personal
29information contained in that file.
30 Sec. 4. NEW SECTION. 22A.3 Civil penalties.
311. A person alleging a violation of this chapter, section
32504.1604, subsection 5, or section 504.1605, subsection 5, may
33bring a civil action for injunctive relief, damages, or both.
34Damages may include either of the following:
35a. Not less than two thousand five hundred dollars in
-2-1compensatory damages for injury and loss for each violation.
2b. For an intentional violation, not more than three times
3the amount described in paragraph “a” for each violation.
42. A court may, in its discretion, award all or a portion of
5the costs of litigation, including reasonable attorney fees and
6witness fees, to the complainant.
7 Sec. 5. NEW SECTION. 22A.4 Criminal penalties.
8A person who knowingly violates a provision of this
9chapter, section 504.1604, subsection 5, or section 504.1605,
10subsection 5, is guilty of a serious misdemeanor punishable by
11imprisonment for not more than ninety days or a fine of not
12more than one thousand dollars, or both.
13 Sec. 6. NEW SECTION. 22A.5 Campaign disclosure Act not
14affected.
15This chapter shall not affect any provision of chapter 68A.
16 Sec. 7. Section 504.1604, Code 2021, is amended by adding
17the following new subsection:
18 NEW SUBSECTION. 5. If the court orders inspection of
19records containing personal information as defined in section
2022A.1, such inspection shall be made under seal from public
21disclosure. A person who violates this subsection is subject
22to civil penalties under section 22A.3. A person who knowingly
23violates this subsection is subject to criminal penalties under
24section 22A.4.
25 Sec. 8. Section 504.1605, Code 2021, is amended by adding
26the following new subsection:
27 NEW SUBSECTION. 5. To obtain personal information
28as defined in section 22A.1. A person who violates this
29subsection is subject to civil penalties under section 22A.3.
30A person who knowingly violates this subsection is subject to
31criminal penalties under section 22A.4.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to certain personal information in
-3-1the possession of certain tax-exempt and governmental
2entities. The bill prohibits a public agency, defined in
3the bill to include any governmental entity of Iowa or a
4political subdivision, from seeking the disclosure of personal
5information from an organization exempt from taxation under
6section 501(c) of the federal Internal Revenue Code that
7would directly or indirectly reveal the identity of a member,
8supporter, volunteer, or donor of the organization, or from
9requesting from a current or potential contractor a list of
10tax-exempt organizations that the contractor has supported.
11The bill also prohibits a public agency from publishing any
12such information that the public agency possesses.
13The bill allows the disclosure of personal information
14pursuant to a lawful warrant or discovery request. However,
15the bill requires the proponent of such a discovery request
16to show a compelling need for the information by clear and
17convincing evidence and to obtain a protective order barring
18unnecessary disclosure of the information.
19The bill allows disclosure of personal information pursuant
20to an agreement between an organization and a public agency.
21The bill exempts from the definition of “personal information”
22information that must be reported to the secretary of state,
23attorney general, or state auditor pursuant to certain
24specified provisions of law.
25The bill allows disclosure of personal information included
26in public judicial proceedings, however, upon petition of an
27entity which is exempt from taxation under section 501(c) of
28the federal Internal Revenue Code, the court shall seal the
29case file.
30The bill amends the revised Iowa nonprofit corporation Act
31to require any inspection of corporate records containing
32personal information to be made under seal from public
33disclosure. The bill also prohibits corporate records from
34being used to obtain personal information.
35The bill exempts personal information for purposes of the
-4-1bill from the definition of public records under Code chapter
222.
3A person who violates a provision of the bill is subject to
4a civil penalty of not less than $2,500 per violation, and not
5more than three times that amount for an intentional violation.
6The bill allows a court to award to a prevailing plaintiff an
7amount equal to all or a portion of the costs of litigation,
8including attorney and witness fees.
9A person who knowingly violates a provision of the bill is
10guilty of a serious misdemeanor punishable by confinement for
11not more than 90 days or a fine of not more than $1,000, or
12both.
13The bill does not affect any provision of Code chapter 68A,
14which relates to campaign finance.
-5-cm/rh
2to certain personal information related to tax-exempt
3organizations, and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 22.7, Code 2021, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 74. Personal information as defined in
4section 22A.1.
5 Sec. 2. NEW SECTION. 22A.1 Definitions.
61. “Personal information” means any list, record,
7register, registry, roll, roster, or other compilation of
8data that directly or indirectly identifies a person as a
9member, supporter, or volunteer of, or donor of financial
10or nonfinancial support to, any entity which is exempt from
11taxation under section 501(c) of the federal Internal Revenue
12Code. “Personal information” does not include information
13reportable to the secretary of state pursuant to section
14504.1613 or information provided to the attorney general or
15state auditor pursuant to chapter 504 or 537, or section
16714.16.
172. “Public agency” means all of the following:
18a. A state or municipal governmental unit, including but not
19limited to the state of Iowa, and a department, agency, office,
20commission, board, or division of the state.
21b. A political subdivision of the state, including but not
22limited to a county, city, township, village, school district,
23or community college merged area.
24c. An agency, authority, council, board, or commission of a
25political subdivision of the state.
26d. A state or local court, tribunal, or other judicial or
27quasi-judicial body.
28 Sec. 3. NEW SECTION. 22A.2 Personal information protected.
291. A public agency shall not do any of the following:
30a. Require an entity which is exempt from taxation under
31section 501(c) of the federal Internal Revenue Code to provide
32the public agency with personal information.
33b. Release, publicize, or otherwise disclose personal
34information in the possession of the public agency without
35the express, written permission of every member, supporter,
-1-1volunteer, and donor of the tax-exempt entity identified in the
2information and the tax-exempt entity.
3c. Request or require a current or prospective contractor
4with the public agency to provide the public agency with a
5list of entities exempt from taxation under section 501(c) of
6the federal Internal Revenue Code to which the contractor has
7provided financial or nonfinancial support.
82. This section does not prohibit any of the following:
9a. Disclosure of personal information pursuant to a lawful
10warrant issued by a court of competent jurisdiction.
11b. Disclosure of personal information pursuant to a lawful
12request for discovery if all of the following requirements are
13met:
14(1) The requestor demonstrates a compelling need for the
15personal information by clear and convincing evidence.
16(2) The requestor obtains a protective order barring
17disclosure of personal information to any person not directly
18involved in the litigation.
19c. Disclosure of personal information pursuant to an
20agreement between a public agency and an entity which is exempt
21from taxation under section 501(c) of the federal Internal
22Revenue Code.
23d. Disclosure of personal information included in judicial
24proceedings that are public pursuant to section 602.1601.
25However, upon petition of an entity which is exempt from
26taxation under section 501(c) of the federal Internal Revenue
27Code, the court shall seal a case file that is otherwise
28public pursuant to section 602.1601 to protect the personal
29information contained in that file.
30 Sec. 4. NEW SECTION. 22A.3 Civil penalties.
311. A person alleging a violation of this chapter, section
32504.1604, subsection 5, or section 504.1605, subsection 5, may
33bring a civil action for injunctive relief, damages, or both.
34Damages may include either of the following:
35a. Not less than two thousand five hundred dollars in
-2-1compensatory damages for injury and loss for each violation.
2b. For an intentional violation, not more than three times
3the amount described in paragraph “a” for each violation.
42. A court may, in its discretion, award all or a portion of
5the costs of litigation, including reasonable attorney fees and
6witness fees, to the complainant.
7 Sec. 5. NEW SECTION. 22A.4 Criminal penalties.
8A person who knowingly violates a provision of this
9chapter, section 504.1604, subsection 5, or section 504.1605,
10subsection 5, is guilty of a serious misdemeanor punishable by
11imprisonment for not more than ninety days or a fine of not
12more than one thousand dollars, or both.
13 Sec. 6. NEW SECTION. 22A.5 Campaign disclosure Act not
14affected.
15This chapter shall not affect any provision of chapter 68A.
16 Sec. 7. Section 504.1604, Code 2021, is amended by adding
17the following new subsection:
18 NEW SUBSECTION. 5. If the court orders inspection of
19records containing personal information as defined in section
2022A.1, such inspection shall be made under seal from public
21disclosure. A person who violates this subsection is subject
22to civil penalties under section 22A.3. A person who knowingly
23violates this subsection is subject to criminal penalties under
24section 22A.4.
25 Sec. 8. Section 504.1605, Code 2021, is amended by adding
26the following new subsection:
27 NEW SUBSECTION. 5. To obtain personal information
28as defined in section 22A.1. A person who violates this
29subsection is subject to civil penalties under section 22A.3.
30A person who knowingly violates this subsection is subject to
31criminal penalties under section 22A.4.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to certain personal information in
-3-1the possession of certain tax-exempt and governmental
2entities. The bill prohibits a public agency, defined in
3the bill to include any governmental entity of Iowa or a
4political subdivision, from seeking the disclosure of personal
5information from an organization exempt from taxation under
6section 501(c) of the federal Internal Revenue Code that
7would directly or indirectly reveal the identity of a member,
8supporter, volunteer, or donor of the organization, or from
9requesting from a current or potential contractor a list of
10tax-exempt organizations that the contractor has supported.
11The bill also prohibits a public agency from publishing any
12such information that the public agency possesses.
13The bill allows the disclosure of personal information
14pursuant to a lawful warrant or discovery request. However,
15the bill requires the proponent of such a discovery request
16to show a compelling need for the information by clear and
17convincing evidence and to obtain a protective order barring
18unnecessary disclosure of the information.
19The bill allows disclosure of personal information pursuant
20to an agreement between an organization and a public agency.
21The bill exempts from the definition of “personal information”
22information that must be reported to the secretary of state,
23attorney general, or state auditor pursuant to certain
24specified provisions of law.
25The bill allows disclosure of personal information included
26in public judicial proceedings, however, upon petition of an
27entity which is exempt from taxation under section 501(c) of
28the federal Internal Revenue Code, the court shall seal the
29case file.
30The bill amends the revised Iowa nonprofit corporation Act
31to require any inspection of corporate records containing
32personal information to be made under seal from public
33disclosure. The bill also prohibits corporate records from
34being used to obtain personal information.
35The bill exempts personal information for purposes of the
-4-1bill from the definition of public records under Code chapter
222.
3A person who violates a provision of the bill is subject to
4a civil penalty of not less than $2,500 per violation, and not
5more than three times that amount for an intentional violation.
6The bill allows a court to award to a prevailing plaintiff an
7amount equal to all or a portion of the costs of litigation,
8including attorney and witness fees.
9A person who knowingly violates a provision of the bill is
10guilty of a serious misdemeanor punishable by confinement for
11not more than 90 days or a fine of not more than $1,000, or
12both.
13The bill does not affect any provision of Code chapter 68A,
14which relates to campaign finance.
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