HSB 115

This bill relates to judicial officer, prosecuting attorney, and peace officer personal information under the control of local officials, including a county auditor, county treasurer, county recorder, or local assessor. The bill provides that a currently active or retired state or local judicial officer, a currently active or retired state or local prosecuting attorney or peace officer, or a spouse or child of such a person, may file a written request with a local official to prohibit the general public from accessing, on an internet site maintained by the local official, the judicial officer’s, prosecuting attorney’s, or peace officer’s name, including the name of a spouse or child, residential address, and telephone number, contained in instruments, books, records, indexes, and other information under the authority of the local official. Within days of receiving the request, the local official shall ensure that the information does not appear in search results on an internet site maintained by the local official. _____ number of a person who has had information removed from an internet site maintained by the local official is guilty of an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A person who is injured as a result of a violation of the bill may bring a civil action seeking a declaratory judgment; injunctive relief; actual, incidental, and consequential damages; and other equitable relief which the court deems appropriate. The prevailing party in the action shall be awarded all costs of such litigation including reasonable attorney fees.3.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill. The bill takes effect upon enactment.