2A.3 - INFORMATION ACCESS -- CONFIDENTIALITY -- SUBPOENAS.
2A.3 INFORMATION ACCESS -- CONFIDENTIALITY --
SUBPOENAS.
1. a. The director and agents and employees of the
legislative services agency, with respect to the agency's provision
of services relating to fiscal analysis of legislation, state
expenditure, revenue, and budget review, state government oversight
and performance evaluation, and staffing of revenue and budget
committees, shall at all times have access to all agencies, offices,
boards, and commissions of the state and its political subdivisions
and private organizations providing services to individuals under
contracts with state agencies, offices, boards, or commissions and to
the information, records, instrumentalities, and properties used in
the performance of such entities' statutory duties or contractual
arrangements. All such entities and the described private
organizations shall cooperate with the director, and shall make
available to the director such information, records,
instrumentalities, and properties upon request.
b. If the information sought by the legislative services
agency, with respect to the agency's provision of services described
in paragraph "a", is required by law to be kept confidential, the
agency shall have access to the information, but shall maintain the
confidentiality of the information and is subject to the same
penalties as the lawful custodian of the information for
dissemination of the information. However, the legislative services
agency shall not have access to tax return information except for
individual income tax sample data as provided in section 422.72,
subsection 1.
c. The director may issue subpoenas for production of any
information, records, instrumentalities, or properties to which the
director is authorized to have access under paragraph "a". If
any person subpoenaed refuses to produce the information, records,
instrumentalities, or properties, the director may apply to the
district court having jurisdiction over that person for the
enforcement of the subpoena.
2. The director and agents and employees of the legislative
services agency, with respect to the agency's provision of services
relating to legal analysis, drafting, and publications, staffing of
subject matter standing and statutory committees, and provision of
legislative information to the public, may call upon any agency,
office, board, or commission of the state or any of its political
subdivisions or private organizations providing services to
individuals under contracts with a state agency, office, board, or
commission for such information and assistance as may be needed in
the provision of services described in this subsection. Such
information and assistance shall be furnished within the resources
and authority of such agency, office, board, or commission. This
requirement of furnishing such information and assistance shall not
be construed to require the production or opening of any public
records which are required by law to be kept private or confidential.
3. The director, an agent or former agent, and an employee or
former employee of the legislative services agency shall not be
compelled to give testimony or to appear and produce documentary
evidence in a judicial or quasi-judicial proceeding if the testimony
or documentary evidence sought relates to a legislative duty or act
concerning the consideration or passage or rejection of proposed
legislation performed by the director, agent, or employee. An order
or subpoena purporting to compel testimony or the production of
documentary evidence protected under this subsection is
unenforceable. Section History: Recent Form
2003 Acts, ch 35, §3, 49