House File 309 - EnrolledAn Actrestricting public agency disclosure of and access
to certain personal information related to tax-exempt
organizations, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
   Section 1.  Section 22.7, Code 2021, is amended by adding the
following new subsection:
   NEW SUBSECTION.  74.  Personal information as defined in
section 22A.1.
   Sec. 2.  NEW SECTION.  22A.1  Definitions.
   1.  “Personal information” means any list, record,
register, registry, roll, roster, or other compilation of
data that directly or indirectly identifies a person as a
member, supporter, or volunteer of, or donor of financial
or nonfinancial support to, any entity which is exempt from
taxation under section 501(c) of the federal Internal Revenue
Code. “Personal information” does not include information
reportable to the secretary of state pursuant to chapter 504 or
information provided to the attorney general or state auditor
pursuant to chapter 504 or 537, or section 714.16.
   2.  “Public agency” means all of the following:
   a.  A state or municipal governmental unit, including but not
limited to the state of Iowa, and a department, agency, office,
commission, board, or division of the state.
   b.  A political subdivision of the state, including but not
limited to a county, city, township, village, school district,
or community college merged area.
   c.  An agency, authority, council, board, or commission of a
political subdivision of the state.
   d.  A state or local court, tribunal, or other judicial or
quasi-judicial body.
   Sec. 3.  NEW SECTION.  22A.2  Personal information protected.
   1.  A public agency shall not do any of the following:
   a.  Require an entity which is exempt from taxation under
section 501(c) of the federal Internal Revenue Code to provide
the public agency with personal information.
   b.  Release, publicize, or otherwise disclose personal
information in the possession of the public agency without
the express, written permission of every member, supporter,
volunteer, and donor of the tax-exempt entity identified in the
-1-information and the tax-exempt entity.
   c.  Request or require a current or prospective contractor
with the public agency to provide the public agency with a
list of entities exempt from taxation under section 501(c) of
the federal Internal Revenue Code to which the contractor has
provided financial or nonfinancial support.
   2.  This section does not prohibit any of the following:
   a.  Disclosure of personal information pursuant to a lawful
warrant issued by a court of competent jurisdiction.
   b.  Disclosure of personal information pursuant to a lawful
request for discovery if all of the following requirements are
met:
   (1)  The requestor demonstrates a compelling need for the
personal information by clear and convincing evidence.
   (2)  The requestor obtains a protective order barring
disclosure of personal information to any person not directly
involved in the litigation.
   c.  Disclosure of personal information pursuant to an
agreement between a public agency and an entity which is exempt
from taxation under section 501(c) of the federal Internal
Revenue Code.
   d.  Disclosure of personal information included in judicial
proceedings that are public pursuant to section 602.1601.
However, upon petition of an entity which is exempt from
taxation under section 501(c) of the federal Internal Revenue
Code, the court shall seal a case file that is otherwise
public pursuant to section 602.1601 to protect the personal
information contained in that file.
   Sec. 4.  NEW SECTION.  22A.3  Civil penalties.
   1.  A person alleging a violation of this chapter, section
504.1604, subsection 5, or section 504.1605, subsection 5, may
bring a civil action for injunctive relief, damages, or both.
Damages may include either of the following:
   a.  Not less than two thousand five hundred dollars in
compensatory damages for injury and loss for each violation.
-2-
   b.  For an intentional violation, not more than three times
the amount described in paragraph “a” for each violation.
   2.  A court may, in its discretion, award all or a portion of
the costs of litigation, including reasonable attorney fees and
witness fees, to the complainant.
   Sec. 5.  NEW SECTION.  22A.4  Criminal penalties.
   A person who knowingly violates a provision of this
chapter, section 504.1604, subsection 5, or section 504.1605,
subsection 5, is guilty of a serious misdemeanor punishable by
imprisonment for not more than ninety days or a fine of not
more than one thousand dollars, or both.
   Sec. 6.  NEW SECTION.  22A.5  Campaign disclosure Act not
affected.
   This chapter shall not affect any provision of chapter 68A.
   Sec. 7.  Section 504.1604, Code 2021, is amended by adding
the following new subsection:
   NEW SUBSECTION.  5.  If the court orders inspection of
records containing personal information as defined in section
22A.1, such inspection shall be made under seal from public
disclosure. A person who violates this subsection is subject
to civil penalties under section 22A.3. A person who knowingly
violates this subsection is subject to criminal penalties under
section 22A.4.
   Sec. 8.  Section 504.1605, Code 2021, is amended by adding
the following new subsection:
   NEW SUBSECTION.  5.  To obtain personal information
as defined in section 22A.1. A person who violates this
subsection is subject to civil penalties under section 22A.3.
A person who knowingly violates this subsection is subject to
criminal penalties under section 22A.4.
______________________________
PAT GRASSLEYSpeaker of the House
______________________________
JAKE CHAPMANPresident of the Senate
   I hereby certify that this bill originated in the House and is known as House File 309, Eighty-ninth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the House
Approved _______________, 2021______________________________
KIM REYNOLDSGovernor
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