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House File 309 - ReprintedA 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 chapter 504 or
14information provided to the attorney general or state auditor
15pursuant to chapter 504 or 537, or section 714.16.
162. “Public agency” means all of the following:
17a. A state or municipal governmental unit, including but not
18limited to the state of Iowa, and a department, agency, office,
19commission, board, or division of the state.
20b. A political subdivision of the state, including but not
21limited to a county, city, township, village, school district,
22or community college merged area.
23c. An agency, authority, council, board, or commission of a
24political subdivision of the state.
25d. A state or local court, tribunal, or other judicial or
26quasi-judicial body.
27 Sec. 3. NEW SECTION. 22A.2 Personal information protected.
281. A public agency shall not do any of the following:
29a. Require an entity which is exempt from taxation under
30section 501(c) of the federal Internal Revenue Code to provide
31the public agency with personal information.
32b. Release, publicize, or otherwise disclose personal
33information in the possession of the public agency without
34the express, written permission of every member, supporter,
35volunteer, and donor of the tax-exempt entity identified in the
-1-1information and the tax-exempt entity.
2c. Request or require a current or prospective contractor
3with the public agency to provide the public agency with a
4list of entities exempt from taxation under section 501(c) of
5the federal Internal Revenue Code to which the contractor has
6provided financial or nonfinancial support.
72. This section does not prohibit any of the following:
8a. Disclosure of personal information pursuant to a lawful
9warrant issued by a court of competent jurisdiction.
10b. Disclosure of personal information pursuant to a lawful
11request for discovery if all of the following requirements are
12met:
13(1) The requestor demonstrates a compelling need for the
14personal information by clear and convincing evidence.
15(2) The requestor obtains a protective order barring
16disclosure of personal information to any person not directly
17involved in the litigation.
18c. Disclosure of personal information pursuant to an
19agreement between a public agency and an entity which is exempt
20from taxation under section 501(c) of the federal Internal
21Revenue Code.
22d. Disclosure of personal information included in judicial
23proceedings that are public pursuant to section 602.1601.
24However, upon petition of an entity which is exempt from
25taxation under section 501(c) of the federal Internal Revenue
26Code, the court shall seal a case file that is otherwise
27public pursuant to section 602.1601 to protect the personal
28information contained in that file.
29 Sec. 4. NEW SECTION. 22A.3 Civil penalties.
301. A person alleging a violation of this chapter, section
31504.1604, subsection 5, or section 504.1605, subsection 5, may
32bring a civil action for injunctive relief, damages, or both.
33Damages may include either of the following:
34a. Not less than two thousand five hundred dollars in
35compensatory damages for injury and loss for each violation.
-2- 1b. For an intentional violation, not more than three times
2the amount described in paragraph “a” for each violation.
32. A court may, in its discretion, award all or a portion of
4the costs of litigation, including reasonable attorney fees and
5witness fees, to the complainant.
6 Sec. 5. NEW SECTION. 22A.4 Criminal penalties.
7A person who knowingly violates a provision of this
8chapter, section 504.1604, subsection 5, or section 504.1605,
9subsection 5, is guilty of a serious misdemeanor punishable by
10imprisonment for not more than ninety days or a fine of not
11more than one thousand dollars, or both.
12 Sec. 6. NEW SECTION. 22A.5 Campaign disclosure Act not
13affected.
14This chapter shall not affect any provision of chapter 68A.
15 Sec. 7. Section 504.1604, Code 2021, is amended by adding
16the following new subsection:
17 NEW SUBSECTION. 5. If the court orders inspection of
18records containing personal information as defined in section
1922A.1, such inspection shall be made under seal from public
20disclosure. A person who violates this subsection is subject
21to civil penalties under section 22A.3. A person who knowingly
22violates this subsection is subject to criminal penalties under
23section 22A.4.
24 Sec. 8. Section 504.1605, Code 2021, is amended by adding
25the following new subsection:
26 NEW SUBSECTION. 5. To obtain personal information
27as defined in section 22A.1. A person who violates this
28subsection is subject to civil penalties under section 22A.3.
29A person who knowingly violates this subsection is subject to
30criminal penalties under section 22A.4.
cm/rh/md
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 chapter 504 or
14information provided to the attorney general or state auditor
15pursuant to chapter 504 or 537, or section 714.16.
162. “Public agency” means all of the following:
17a. A state or municipal governmental unit, including but not
18limited to the state of Iowa, and a department, agency, office,
19commission, board, or division of the state.
20b. A political subdivision of the state, including but not
21limited to a county, city, township, village, school district,
22or community college merged area.
23c. An agency, authority, council, board, or commission of a
24political subdivision of the state.
25d. A state or local court, tribunal, or other judicial or
26quasi-judicial body.
27 Sec. 3. NEW SECTION. 22A.2 Personal information protected.
281. A public agency shall not do any of the following:
29a. Require an entity which is exempt from taxation under
30section 501(c) of the federal Internal Revenue Code to provide
31the public agency with personal information.
32b. Release, publicize, or otherwise disclose personal
33information in the possession of the public agency without
34the express, written permission of every member, supporter,
35volunteer, and donor of the tax-exempt entity identified in the
-1-1information and the tax-exempt entity.
2c. Request or require a current or prospective contractor
3with the public agency to provide the public agency with a
4list of entities exempt from taxation under section 501(c) of
5the federal Internal Revenue Code to which the contractor has
6provided financial or nonfinancial support.
72. This section does not prohibit any of the following:
8a. Disclosure of personal information pursuant to a lawful
9warrant issued by a court of competent jurisdiction.
10b. Disclosure of personal information pursuant to a lawful
11request for discovery if all of the following requirements are
12met:
13(1) The requestor demonstrates a compelling need for the
14personal information by clear and convincing evidence.
15(2) The requestor obtains a protective order barring
16disclosure of personal information to any person not directly
17involved in the litigation.
18c. Disclosure of personal information pursuant to an
19agreement between a public agency and an entity which is exempt
20from taxation under section 501(c) of the federal Internal
21Revenue Code.
22d. Disclosure of personal information included in judicial
23proceedings that are public pursuant to section 602.1601.
24However, upon petition of an entity which is exempt from
25taxation under section 501(c) of the federal Internal Revenue
26Code, the court shall seal a case file that is otherwise
27public pursuant to section 602.1601 to protect the personal
28information contained in that file.
29 Sec. 4. NEW SECTION. 22A.3 Civil penalties.
301. A person alleging a violation of this chapter, section
31504.1604, subsection 5, or section 504.1605, subsection 5, may
32bring a civil action for injunctive relief, damages, or both.
33Damages may include either of the following:
34a. Not less than two thousand five hundred dollars in
35compensatory damages for injury and loss for each violation.
-2- 1b. For an intentional violation, not more than three times
2the amount described in paragraph “a” for each violation.
32. A court may, in its discretion, award all or a portion of
4the costs of litigation, including reasonable attorney fees and
5witness fees, to the complainant.
6 Sec. 5. NEW SECTION. 22A.4 Criminal penalties.
7A person who knowingly violates a provision of this
8chapter, section 504.1604, subsection 5, or section 504.1605,
9subsection 5, is guilty of a serious misdemeanor punishable by
10imprisonment for not more than ninety days or a fine of not
11more than one thousand dollars, or both.
12 Sec. 6. NEW SECTION. 22A.5 Campaign disclosure Act not
13affected.
14This chapter shall not affect any provision of chapter 68A.
15 Sec. 7. Section 504.1604, Code 2021, is amended by adding
16the following new subsection:
17 NEW SUBSECTION. 5. If the court orders inspection of
18records containing personal information as defined in section
1922A.1, such inspection shall be made under seal from public
20disclosure. A person who violates this subsection is subject
21to civil penalties under section 22A.3. A person who knowingly
22violates this subsection is subject to criminal penalties under
23section 22A.4.
24 Sec. 8. Section 504.1605, Code 2021, is amended by adding
25the following new subsection:
26 NEW SUBSECTION. 5. To obtain personal information
27as defined in section 22A.1. A person who violates this
28subsection is subject to civil penalties under section 22A.3.
29A person who knowingly violates this subsection is subject to
30criminal penalties under section 22A.4.
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