Bill Text: IA SSB3095 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to judicial actions and records by authorizing assistance by a small claims filing agent and modifying provisions relating to accessing protected information in court records.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-01-30 - Subcommittee Meeting: 02/04/2020 12:00PM RM 315. [SSB3095 Detail]
Download: Iowa-2019-SSB3095-Introduced.html
Senate
Study
Bill
3095
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
judicial
actions
and
records
by
authorizing
1
assistance
by
a
small
claims
filing
agent
and
modifying
2
provisions
relating
to
accessing
protected
information
in
3
court
records.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
5951XC
(2)
88
md/jh
S.F.
_____
DIVISION
I
1
SMALL
CLAIMS
FILING
AGENTS
2
Section
1.
NEW
SECTION
.
562A.11A
Small
claims
filing
agent.
3
1.
An
individual
who
is
not
licensed
to
practice
law
in
4
this
state
and
who
only
does
any
of
the
following
to
assist
a
5
landlord,
manager,
or
tenant
in
pursuing
a
remedy
authorized
6
under
this
chapter
as
a
small
claim
under
chapter
631
shall
be
7
considered
a
“small
claims
filing
agent”:
8
a.
Typing
information
provided
by
the
landlord,
manager,
or
9
tenant,
on
a
form
prescribed
by
the
supreme
court
under
section
10
631.15,
in
a
fillable
document
format.
11
b.
Electronically
filing
a
form
prescribed
by
the
supreme
12
court
under
section
631.15
with
the
district
court
sitting
in
13
small
claims.
14
2.
An
individual
that
is
a
small
claims
filing
agent
shall
15
not
do
any
of
the
following:
16
a.
Advise
the
landlord,
manager,
or
tenant
as
to
the
grounds
17
for
the
remedy
under
this
chapter
or
the
legal
effect
of
the
18
form.
19
b.
Provide
a
legal
opinion
or
legal
analysis
beyond
that
20
which
is
required
for
compliance
with
the
requirements
of
the
21
form,
timeliness
and
accuracy
of
preparation
of
the
form,
or
22
data
or
information
formatting
required
for
electronic
filing
23
of
documents
associated
with
the
small
claim
action.
24
3.
The
actions
of
a
small
claims
filing
agent
authorized
by
25
this
section
shall
not
be
considered
the
practice
of
law.
26
Sec.
2.
NEW
SECTION
.
562B.12A
Small
claims
filing
agent.
27
1.
An
individual
who
is
not
licensed
to
practice
law
in
28
this
state
and
who
only
does
any
of
the
following
to
assist
a
29
landlord,
manager,
or
tenant
in
pursuing
a
remedy
authorized
30
under
this
chapter
as
a
small
claim
under
chapter
631
shall
be
31
considered
a
“small
claims
filing
agent”:
32
a.
Typing
information
provided
by
the
landlord,
manager,
or
33
tenant,
on
a
form
prescribed
by
the
supreme
court
under
section
34
631.15,
in
a
fillable
document
format.
35
-1-
LSB
5951XC
(2)
88
md/jh
1/
4
S.F.
_____
b.
Electronically
filing
a
form
prescribed
by
the
supreme
1
court
under
section
631.15
with
the
district
court
sitting
in
2
small
claims.
3
2.
An
individual
that
is
a
small
claims
filing
agent
shall
4
not
do
any
of
the
following:
5
a.
Advise
the
landlord,
manager,
or
tenant
as
to
the
grounds
6
for
the
remedy
under
this
chapter
or
the
legal
effect
of
the
7
form.
8
b.
Provide
a
legal
opinion
or
legal
analysis
beyond
that
9
which
is
required
for
compliance
with
the
requirements
of
the
10
form,
timeliness
and
accuracy
of
preparation
of
the
form,
or
11
data
or
information
formatting
required
for
electronic
filing
12
of
documents
associated
with
the
small
claim
action.
13
3.
The
actions
of
a
small
claims
filing
agent
authorized
by
14
this
section
shall
not
be
considered
the
practice
of
law.
15
DIVISION
II
16
ACCESS
TO
PERSONALLY
IDENTIFIABLE
INFORMATION
IN
COURT
RECORDS
17
Sec.
3.
Section
602.1614,
Code
2020,
is
amended
by
adding
18
the
following
new
subsection:
19
NEW
SUBSECTION
.
3A.
a.
Rules
prescribed
by
the
supreme
20
court
governing
the
appropriate
level
of
public
access
to
21
electronic
records
and
other
court
records
under
subsection
22
3,
paragraph
“l”
,
shall
also
prescribe
a
process
by
which
23
an
authenticated
user
may
access
protected
information
as
24
defined
in
Iowa
court
rule
16.602
for
purposes
of
engaging
25
in
activities
governed
by
federal
consumer
protection
laws,
26
including
but
not
limited
to
the
following:
27
(1)
The
federal
Fair
Credit
Reporting
Act,
15
U.S.C.
§1681
28
et
seq.
29
(2)
The
federal
Gramm-Leach-Bliley
Act,
15
U.S.C.
30
§6801-6809.
31
(3)
The
federal
Health
Insurance
Portability
and
32
Accountability
Act
of
1996,
Pub.
L.
No.
104-191.
33
(4)
The
federal
Family
Educational
Rights
and
Privacy
Act,
34
20
U.S.C.
§1232g.
35
-2-
LSB
5951XC
(2)
88
md/jh
2/
4
S.F.
_____
(5)
The
federal
Driver’s
Privacy
Protection
Act,
18
U.S.C.
1
§2721
et
seq.
2
b.
The
supreme
court
shall
ensure
secure
electronic
access
3
for
authenticated
users
through
commercially
reasonable
4
authentication
methods.
5
c.
Authenticated
users
shall
be
determined
in
a
manner
6
consistent
with
industry
standards
through
a
registration
7
process
or
a
contractual
agreement
with
the
user.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
judicial
actions
and
records
by
12
authorizing
assistance
by
a
small
claims
filing
agent
and
13
modifying
provisions
relating
to
personal
information
in
court
14
records.
15
Division
I
of
the
bill
amends
Code
chapter
562A,
the
16
uniform
residential
landlord
and
tenant
Act,
and
Code
chapter
17
562B,
the
manufactured
home
communities
or
mobile
home
parks
18
residential
landlord
and
tenant
Act,
to
authorize
a
small
19
claims
filing
agent
to
assist
a
landlord,
manager,
or
tenant
20
in
pursuing
an
authorized
remedy
as
a
small
claim
under
Code
21
chapter
631.
A
small
claims
filing
agent
is
an
individual
who
22
is
not
licensed
to
practice
law
in
this
state
and
who
types
23
information
provided
by
the
landlord,
manager,
or
tenant
on
a
24
form
prescribed
by
the
supreme
court
in
a
fillable
document
25
format
or
who
electronically
files
a
form
prescribed
by
the
26
supreme
court
with
the
district
court
sitting
in
small
claims.
27
Division
I
prohibits
an
individual
that
is
a
small
claims
28
filing
agent
from
doing
the
following:
(1)
advising
the
29
landlord,
manager,
or
tenant
as
to
the
grounds
for
the
remedy
30
or
the
legal
effect
of
the
form;
or
(2)
providing
a
legal
31
opinion
or
legal
analysis
beyond
that
which
is
required
for
32
compliance
with
the
requirements
of
the
form,
timeliness
and
33
accuracy
of
preparation
of
the
form,
or
data
or
information
34
formatting
required
for
electronic
filing
of
documents
35
-3-
LSB
5951XC
(2)
88
md/jh
3/
4
S.F.
_____
associated
with
the
small
claim
action.
1
Division
I
of
the
bill
specifies
that
the
actions
of
a
2
small
claims
filing
agent
authorized
by
the
bill
shall
not
be
3
considered
the
practice
of
law.
4
Division
II
of
the
bill
provides
that
rules
prescribed
by
5
the
supreme
court
governing
the
appropriate
level
of
public
6
access
to
electronic
records
and
other
court
records
under
7
Code
section
602.1614
shall
also
prescribe
a
process
by
which
8
an
authenticated
user
may
access
“protected
information”
as
9
defined
in
Iowa
court
rule
16.602
for
purposes
of
engaging
10
in
activities
governed
by
federal
consumer
protection
laws,
11
including
but
not
limited
to
the
following:
(1)
the
federal
12
Fair
Credit
Reporting
Act;
(2)
the
federal
Gramm-Leach-Bliley
13
Act;
(3)
the
federal
Health
Insurance
Portability
and
14
Accountability
Act;
(4)
the
federal
Family
Educational
15
Rights
and
Privacy
Act;
and
(5)
the
federal
Driver’s
Privacy
16
Protection
Act.
17
The
bill
requires
the
supreme
court
to
ensure
secure
18
electronic
access
for
authenticated
users
through
commercially
19
reasonable
authentication
methods
and
provides
that
20
authenticated
users
shall
be
determined
through
a
registration
21
process
or
a
contractual
agreement
with
the
user.
22
-4-
LSB
5951XC
(2)
88
md/jh
4/
4
