Bill Text: IA HF309 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act restricting public agency disclosure of and access to certain personal information related to tax-exempt organizations, and providing penalties. (Formerly HSB 28.) Effective date: 07/01/2021.
Spectrum: Committee Bill
Status: (Passed) 2021-05-20 - Signed by Governor. H.J. 1209. [HF309 Detail]
Download: Iowa-2021-HF309-Enrolled.html
House
File
309
-
Enrolled
House
File
309
AN
ACT
RESTRICTING
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,
House
File
309,
p.
2
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
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
House
File
309,
p.
3
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.
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.
House
File
309,
p.
4
A
person
who
knowingly
violates
this
subsection
is
subject
to
criminal
penalties
under
section
22A.4.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
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
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor
