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IN THE SENATE
SENATE BILL NO. 1338
BY JUDICIARY AND RULES COMMITTEE
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AN ACT
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PROVIDE THAT CERTAIN PERSONAL INFORMATION SHALL BE EXEMPT FROM DISCLO-
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SURE.
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amended to read as follows:
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74-106. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PER-
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SONAL INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following
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records are exempt from disclosure:
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(1) Except as provided in this subsection, all personnel records of
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a current or former public official other than the public official's pub-
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lic service or employment history, classification, pay grade and step,
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longevity, gross salary and salary history, including bonuses, severance
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packages, other compensation or vouchered and unvouchered expenses for
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which reimbursement was paid, status, workplace and employing agency. All
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other personnel information relating to a public employee or applicant
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including, but not limited to, information regarding sex, race, marital
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status, birth date, home address and telephone number, social security num-
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ber, driver's license number, applications, testing and scoring materials,
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grievances, correspondence and performance evaluations, shall not be dis-
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closed to the public without the employee's or applicant's written consent.
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Names of applicants to classified or merit system positions shall not be dis-
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closed to the public without the applicant's written consent. Disclosure of
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names as part of a background check is permitted. Names of the five (5) final
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applicants to all other positions shall be available to the public. If such
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group is less than five (5) finalists, then the entire list of applicants
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shall be available to the public. A public official or authorized represen-
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tative may inspect and copy his personnel records, except for material used
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to screen and test for employment.
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(2) Retired employees' and retired public officials' home addresses,
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home telephone numbers and other financial and nonfinancial membership
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records; active and inactive member financial and membership records and
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mortgage portfolio loan documents maintained by the public employee retire-
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ment system. Financial statements prepared by retirement system staff,
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funding agents and custodians concerning the investment of assets of the
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under this chapter.
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the performance of background investigations of employees, lottery retail-
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lottery games; business records and information submitted pursuant to sec-
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ments and information obtained and held for the purposes of lottery security
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and investigative action as determined by lottery rules unless the public
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interest in disclosure substantially outweighs the private need for protec-
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tion from public disclosure.
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(4) Records of a personal nature as follows:
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(a) Records of personal debt filed with a public agency or independent
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public body corporate and politic pursuant to law;
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(b) Personal bank records compiled by a public depositor for the pur-
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pose of public funds transactions conducted pursuant to law;
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(c) Records of ownership of financial obligations and instruments of a
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public agency or independent public body corporate and politic, such as
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bonds, compiled by the public agency or independent public body corpo-
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rate and politic pursuant to law;
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(d) Records, with regard to the ownership of, or security interests in,
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registered public obligations;
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(e) Vital statistics records; and
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(f) Military records as described in and pursuant to section 65-301,
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(g) Records with regard to sex, race, marital status, birth date, home
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address, personal telephone number, personal email address, social se-
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curity number, and driver's license number.
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(5) Information in an income or other tax return measured by items of
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income or sales, which is gathered by a public agency for the purpose of ad-
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ministering the tax, except such information to the extent disclosed in a
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written decision of the tax commission pursuant to a taxpayer protest of a
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deficiency determination by the tax commission, under the provisions of sec-
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(6) Records of a personal nature related directly or indirectly to the
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application for and provision of statutory services rendered to persons
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applying for public care for people who are elderly, indigent or have mental
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or physical disabilities, or participation in an environmental or a public
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health study, provided the provisions of this subsection making records
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exempt from disclosure shall not apply to the extent that such records or
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information contained in those records are necessary for a background check
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on an individual that is required by federal law regulating the sale of
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firearms, guns or ammunition.
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(7) Employment security information, except that a person may agree,
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through written, informed consent, to waive the exemption so that a third
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party may obtain information pertaining to the person, unless access to the
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information by the person is restricted by subsection (3)(a), (3)(b) or
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concerning an informant who reported to the department of labor a suspected
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violation by the person of the employment security law, chapter 13, title 72,
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means any information descriptive of an identifiable person or persons that
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is received by, recorded by, prepared by, furnished to or collected by the
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department of labor or the industrial commission in the administration of
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the employment security law.
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(8) Any personal records, other than names, business addresses and
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business phone numbers, such as parentage, race, religion, sex, height,
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weight, tax identification and social security numbers, financial worth or
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medical condition submitted to any public agency or independent public body
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corporate and politic pursuant to a statutory requirement for licensing,
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certification, permit or bonding.
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(9) Unless otherwise provided by agency rule, information obtained as
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part of an inquiry into a person's fitness to be granted or retain a license,
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certificate, permit, privilege, commission or position, private associa-
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agency that has records exempt from disclosure under the provisions of this
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subsection shall annually make available a statistical summary of the number
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and types of matters considered and their disposition.
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(10) The records, findings, determinations and decisions of any prelit-
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(11) Complaints received by the board of medicine and investigations
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and informal proceedings, including informal proceedings of any committee
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rules adopted thereunder.
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(12) Records of the department of health and welfare or a public health
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district that identify a person infected with a reportable disease.
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(13) Records of hospital care, medical records, including prescrip-
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tions, drug orders, records or any other prescription information that
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specifically identifies an individual patient, prescription records main-
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Code, records of psychiatric care or treatment and professional counseling
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records relating to an individual's condition, diagnosis, care or treat-
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ment, provided the provisions of this subsection making records exempt from
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disclosure shall not apply to the extent that such records or information
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contained in those records are necessary for a background check on an indi-
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vidual that is required by federal law regulating the sale of firearms, guns
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or ammunition.
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(14) Information collected pursuant to the directory of new hires act,
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(15) Personal information contained in motor vehicle and driver records
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that is exempt from disclosure under the provisions of chapter 2, title 49,
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(16) Records of the financial status of prisoners pursuant to subsec-
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DNA databases and databanks.
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(18) Records of the department of health and welfare relating to a sur-
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vey, resurvey or complaint investigation of a licensed nursing facility
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shall be exempt from disclosure. Such records shall, however, be subject to
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disclosure as public records as soon as the facility in question has received
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the report, and no later than the fourteenth day following the date that de-
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partment of health and welfare representatives officially exit the facility
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pursuant to federal regulations. Provided however, that for purposes of
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confidentiality, no record shall be released under this section that specif-
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ically identifies any nursing facility resident.
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(19) Records and information contained in the registry of immunizations
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against childhood diseases maintained in the department of health and wel-
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fare, including information disseminated to others from the registry by the
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department of health and welfare.
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ing to the following:
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(a) Records containing personal financial, family, health or similar
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personal information submitted to or otherwise obtained by the IHFA;
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(b) Records submitted to or otherwise obtained by the IHFA with regard
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to obtaining and servicing mortgage loans and all records relating to
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the review, approval or rejection by the IHFA of said loans;
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(c) Mortgage portfolio loan documents;
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(d) Records of a current or former employee other than the employee's
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duration of employment with the association, position held and loca-
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tion of employment. This exemption from disclosure does not include the
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contracts of employment or any remuneration, including reimbursement
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of expenses, of the executive director, executive officers or commis-
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sioners of the association. All other personnel information relating
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to an association employee or applicant including, but not limited to,
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information regarding sex, race, marital status, birth date, home ad-
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dress and telephone number, applications, testing and scoring materi-
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als, grievances, correspondence, retirement plan information and per-
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formance evaluations, shall not be disclosed to the public without the
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employee's or applicant's written consent. An employee or authorized
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representative may inspect and copy that employee's personnel records,
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except for material used to screen and test for employment or material
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(21) Records of the department of health and welfare related to child
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support services in cases in which there is reasonable evidence of domestic
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to locate any individuals in the child support case except in response to a
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court order.
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Code.
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(23) Records and information contained in the time sensitive emergency
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ports, analyses and compilations created from such information and records.
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(24) Records contained in the court files, or other records prepared as
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part of proceedings for judicial authorization of sterilization procedures
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(25) The physical voter registration application on file in the county
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clerk's office; however, a redacted copy of said application shall be made
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available consistent with the requirements of this section. Information
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from the voter registration application maintained in the statewide voter
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registration database, including age, will be made available except for
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the voter's driver's license number, date of birth and, upon a showing that
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the voter comes within the provisions of subsection (30) of this section or
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upon showing of good cause by the voter to the county clerk in consultation
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with the county prosecuting attorney, the physical residence address of the
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voter. For the purposes of this subsection, good cause shall include the
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protection of life and property and protection of victims of domestic vio-
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lence and similar crimes.
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(26) File numbers, passwords and information in the files of the health
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care directive registry maintained by the secretary of state under section
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son other than to the person who executed the health care directive or the re-
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vocation thereof and that person's legal representatives, to the person who
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registered the health care directive or revocation thereof, and to physi-
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cians, hospitals, medical personnel, nursing homes, and other persons who
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have been granted file number and password access to the documents within
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that specific file.
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(27) Records in an address confidentiality program participant's file
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designated by the secretary of state, except under the following circum-
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stances:
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(a) If requested by a law enforcement agency, to the law enforcement
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agency; or
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(b) If directed by a court order, to a person identified in the order.
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(28) Except as otherwise provided by law relating to the release of in-
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formation to a governmental entity or law enforcement agency, any personal
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information including, but not limited to, names, personal and business ad-
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dresses and phone numbers, sex, height, weight, date of birth, social secu-
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rity and driver's license numbers, or any other identifying numbers and/or
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less written consent is obtained from the affected person.
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(29) Documents and records related to alternatives to discipline that
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forth therein are met.
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igible law enforcement officer and such officer's residing household mem-
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following circumstances:
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(a) If directed by a court order, to a person identified in the court
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order;
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(b) If requested by a law enforcement agency, to the law enforcement
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agency;
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(c) If requested by a financial institution or title company for busi-
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ness purposes, to the requesting financial institution or title com-
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pany; or
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(d) If the law enforcement officer provides written permission for dis-
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closure of such information.
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partment and insurance companies, any database created, all information
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contained in the verification system and all reports, responses or other
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information generated for the purposes of the verification system, pursuant
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(32) Nothing in this section shall prohibit the release of information
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to the state controller as the state social security administrator as pro-
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(33) Personal information including, but not limited to, property val-
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ues, personal and business addresses, phone numbers, dates of birth, social
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security and driver's license numbers or any other identifying numbers or
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information maintained by the administrator of the unclaimed property law
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shall prohibit the release of names, last known city of residence, property
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value ranges and general property information by the administrator for the
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purpose of reuniting unclaimed property with its owner.
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(34) Any personal information collected by the secretary of state, pur-
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viduals to access the statewide electronic filing system authorized in sec-
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employer, client, or designated contact for the purpose of electronic noti-
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fication of that employer, client, or designated contact of a report filed
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