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PAG LIN 1 1 Section 1. Section 2.42, subsection 11, Code 1995, is 1 2 amended to read as follows: 1 3 11. To approve the appointment of the Iowa Code editor and 1 4 the administrative code editor,and establish the salaries of 1 5 the persons employed in that officeand. 1 6 11A. To establish policies for the distribution of 1 7 information which is stored by the general assembly in an 1 8 electronic format, including the contents of statutes or 1 9 rules, other than electronic publications as provided in 1 10 section 7A.22. The legislative council shall establish 1 11 payment rates that encourage the distribution of such 1 12 information to the public, including private vendors reselling 1 13 that information. The legislative council shall not establish 1 14 a price that attempts to recover more than is attributable to 1 15 costs related to reproducing and delivering the information. 1 16 11B. To establish policies with regard to theprinting and1 17 publishing of printed and electronic versions of the Iowa 1 18 administrative codeand, the Iowa administrative bulletin,and1 19 the Iowa Code, the Code Supplement, and the session laws, 1 20includingor any part of those publications. The publishing 1 21 policies may include, but are not limited to: the style and 1 22 format to be used;in those publications,the frequency of 1 23publishing,publication; the contents of the publications,; 1 24 the numbering system to be used in the Iowa Code, the Code 1 25 Supplement, and the session laws,; the preparation of 1 26 editorial comments or notations,; the correction of errors,; 1 27 the type of print or electronic media and data processing 1 28 software to be used,; the number of printed volumes to be 1 29 published,; recommended revisions of the Iowa Code, the Code 1 30 Supplement, and the session laws,; the letting of contracts 1 31 for the publication of the Iowa Code, Code Supplement, and 1 32 session laws,; the pricing ofthesethe publications,to which 1 33 section 22.3 does not apply; access to, and the use, 1 34 reproduction, legal protection, sale or distribution, and 1 35 pricing of related data processing software consistent with 2 1 chapter 22; and any other matters deemed necessary to the 2 2 publication of uniform and understandable publications. 2 3 Sec. 2. Section 2B.13, subsection 7, Code Supplement 1995, 2 4 is amended to read as follows: 2 5 7. The effective date of all editorial changes in an 2 6 edition of the Iowa Code or a Code Supplement is the effective 2 7 datethe legislative council approvesof the selling price for 2 8 that publication as established by the legislative council or 2 9 the legislative council's designee. The effective date of all 2 10 editorial changes for the Iowa administrative code is the date 2 11 those changes are published in the Iowa administrative code. 2 12 Sec. 3. Section 2B.17, subsections 1 and 3, Code 1995, are 2 13 amended to read as follows: 2 14 1. The permanent and official printed versions of the Iowa 2 15 Codes and Code Supplements published subsequent to the 2 16 adjournment of the 1982 regular session of the Sixty-ninth 2 17 General Assembly shall be known and may be cited as "Iowa Code 2 18 chapter (or section) ..", or "Iowa Code Supplement chapter (or 2 19 section) ..", inserting the appropriate chapter or section 2 20 number. If the year of edition is needed, it may be inserted 2 21 before or after the words "Iowa Code" or "Iowa Code 2 22 Supplement". In Iowa publications, the word "Iowa" may be 2 23 omitted if the meaning is clear. 2 24 3. The official printed versions of the Iowa Code, Code 2 25 Supplement, and session laws published under authority of the 2 26 state are the only authoritative publications of the statutes 2 27 of this state. No other publications of the statutes of the 2 28 state shall be cited in the courts or in the reports or rules 2 29 of the courts. 2 30 Sec. 4. Section 2B.17, Code 1995, is amended by adding the 2 31 following new subsection: 2 32 NEW SUBSECTION. 5. The printed version of the Iowa 2 33 administrative code is the permanent publication of 2 34 administrative rules in this state and the Iowa administrative 2 35 bulletin and the Iowa administrative code published pursuant 3 1 to chapter 17A are the official publications of the 3 2 administrative rules of this state, and are the only 3 3 authoritative publications of the administrative rules of this 3 4 state. Other publications of the administrative rules of this 3 5 state shall not be cited in the courts or in the reports or 3 6 rules of the courts. 3 7 Sec. 5. Section 7A.11, subsection 3, Code 1995, is amended 3 8 to read as follows: 3 9 3. The chief clerk of the house of representatives and the 3 10 secretary of the senate shall transmit a list of the documents 3 11 received, and a list of the documents and materials available 3 12 to the general assembly to the legislative service bureau, 3 13 which shall maintain the lists, as well as a list of addresses 3 14 where copies of the documents may be ordered. The legislative 3 15 service bureau shall periodically distribute copies of these 3 16 lists to members of the general assemblyweekly when the3 17general assembly is in session, and monthly during the3 18legislative interim. The chief clerk of the house of 3 19 representatives and the secretary of the senate may transmit 3 20 the actual documents received to the legislative service 3 21 bureau for temporary storage. 3 22 Sec. 6. Section 7A.21, Code 1995, is amended to read as 3 23 follows: 3 24 7A.21 PRINTED LEGAL PUBLICATIONS. 3 25 The official versions of the Iowa Code, Iowa Code 3 26 Supplement,orand other supplements, the Iowa administrative 3 27 code and its supplements,rules of civil procedure, rules of3 28appellate procedure, and supremethe Iowa administrative 3 29 bulletin, Iowa court rules, session laws, annotations, tables 3 30 of corresponding sections, and reports of the supreme court, 3 31 unless otherwise specifically provided by law, shall be 3 32 printed and paid for in the same manner as other public 3 33 printing. 3 34 Sec. 7. Section 7A.22, subsection 3, Code 1995, is amended 3 35 by striking the subsection. 4 1 Sec. 8. Section 7A.22, Code 1995, is amended by adding the 4 2 following new unnumbered paragraph: 4 3 NEW UNNUMBERED PARAGRAPH. The legislative council may 4 4 establish policies for producing, editing, distributing, and 4 5 pricing electronic publications which contain information 4 6 stored by the general assembly in an electronic format, 4 7 including information contained in publications described in 4 8 this section together with programming not originally part of 4 9 the stored information. As part of those policies, the 4 10 council may provide for electronic publications containing 4 11 specialized search and retrieval functions, and shall ensure 4 12 the widest possible dissemination of versions of electronic 4 13 publications containing search and retrieval functions at the 4 14 lowest price practicable which shall not be more than costs 4 15 attributable to producing, editing, and disseminating those 4 16 versions. 4 17 Sec. 9. Section 17A.6, subsection 1, unnumbered paragraph 4 18 1, Code Supplement 1995, is amended to read as follows: 4 19 The administrative code editor shall cause the "Iowa 4 20 Administrative Bulletin" to be published inpamphleta printed 4 21 form at least every other weekcontaining, unless the 4 22 administrative code editor and the administrative rules review 4 23 committee determine that an alternative publication schedule 4 24 is preferable. An electronic version of the Iowa 4 25 administrative bulletin may also be published as provided in 4 26 section 2.42. The Iowa administrative bulletin shall contain 4 27 all of the following: 4 28 Sec. 10. Section 17A.6, subsection 2, Code Supplement 4 29 1995, is amended to read as follows: 4 30 2. Subject to the direction of the administrative rules 4 31 coordinator, the administrative code editor shall cause the 4 32 "Iowa Administrative Code" to be compiled, indexed, and 4 33 published in a printed loose-leaf form containing all rules 4 34 adopted and filed by each agency. The administrative code 4 35 editor further shall cause loose-leaf supplements to the Iowa 5 1 administrative code to be published as determined by the 5 2 administrative rules coordinator and the administrative rules 5 3 review committee, containing all rules filed for publication 5 4 in the prior time period. The supplements shall be in such 5 5 form that they may be inserted in the appropriate places in 5 6 the permanent compilation. The administrative rules co- 5 7 ordinator shall devise a uniform numbering system for rules 5 8 and may renumber rules before publication to conform with the 5 9 system. An electronic version of the Iowa administrative code 5 10 may also be published as provided in section 2.42. 5 11 Sec. 11. Section 18.97, unnumbered paragraph 1, Code 1995, 5 12 is amended to read as follows: 5 13 The superintendent of printing shall make free distribution 5 14 of the printed versions of the Code, supplements to the Code, 5 15 rules of civil procedure, rules of appellate procedure, rules 5 16 of criminal procedure, supreme court rules, the Acts of each 5 17 general assembly, and, upon request, the Iowa administrative 5 18 code, its supplements, the Iowa administrative bulletin and 5 19 the state roster pamphlet as follows: 5 20 Sec. 12. Section 18.97, Code 1995, is amended by adding 5 21 the following new unnumbered paragraph: 5 22 NEW UNNUMBERED PARAGRAPH. If a version of a publication 5 23 provided under this section is available in an electronic 5 24 format, the superintendent of printing and the legislative 5 25 council may establish policies providing for the substitution 5 26 of an electronic version for the printed version of the 5 27 publication, and for the amount of payment, if any, required 5 28 for the electronic publication. The payment amount shall not 5 29 be more than established pursuant to section 7A.22 for the 5 30 same publication. For the Iowa administrative code and its 5 31 supplements, the superintendent of printing and the 5 32 legislative council may provide that the distribution 5 33 requirement of this section is met by distributing relevant 5 34 portions of the Iowa administrative code or its supplements in 5 35 either a printed or electronic format, according to policies 6 1 established by the superintendent of printing and the 6 2 legislative council. 6 3 Sec. 13. NEW SECTION. 18.97A RESTRICTIONS ON FREE 6 4 DISTRIBUTIONS. 6 5 Notwithstanding any section of this chapter to the 6 6 contrary, the superintendent of printing and the legislative 6 7 council may review the publication costs and offsetting sales 6 8 revenues relating to legal publications in printed and 6 9 electronic formats, as prepared by the legislative service 6 10 bureau. In order to distribute these legal publications in 6 11 the most efficient manner possible to persons entitled to 6 12 receive these publications pursuant to section 18.97, the 6 13 superintendent of printing and the legislative council may 6 14 establish policies requiring payment from such persons. The 6 15 payment amount shall not be more than established pursuant to 6 16 section 7A.22 for the same publication. 6 17 Sec. 14. Section 22.2, subsection 3, Code 1995, is amended 6 18 to read as follows: 6 19 3. However, notwithstanding subsections 1 and 2, a 6 20 government bodywhich maintains a geographic computer data6 21baseis not required to permit access to or use of the 6 22 following: 6 23 a. A geographic computer data base by any person except 6 24 upon terms and conditions acceptable to the governing body. 6 25 The governing body shall establish reasonable rates and 6 26 procedures for the retrieval of specified records, which are 6 27 not confidential records, stored in the data base upon the 6 28 request of any person. 6 29 b. Data processing software developed by the government 6 30 body, as provided in section 22.3A. 6 31 Sec. 15. NEW SECTION. 22.3A ACCESS TO DATA PROCESSING 6 32 SOFTWARE. 6 33 1. As used in this section: 6 34 a. "Access" means the instruction of, communication with, 6 35 storage of data in, or retrieval of data from a computer. 7 1 b. "Computer" means an electronic device which performs 7 2 logical, arithmetical, and memory functions by manipulations 7 3 of electronic or magnetic impulses, and includes all input, 7 4 output, processing, storage, and communication facilities 7 5 which are connected or related to the computer including a 7 6 computer network. As used in this paragraph, "computer" 7 7 includes any central processing unit, front-end processing 7 8 unit, miniprocessor, or microprocessor, and related peripheral 7 9 equipment such as data storage devices, document scanners, 7 10 data entry terminal controllers, and data terminal equipment 7 11 and systems for computer networks. 7 12 c. "Computer network" means a set of related, remotely 7 13 connected devices and communication facilities including two 7 14 or more computers with capability to transmit data among them 7 15 through communication facilities. 7 16 d. "Data" means a representation of information, 7 17 knowledge, facts, concepts, or instructions that has been 7 18 prepared or is being prepared in a formalized manner and has 7 19 been processed, or is intended to be processed, in a computer. 7 20 Data may be stored in any form including, but not limited to a 7 21 printout, magnetic storage media, disk, compact disc, punched 7 22 card, or as memory of a computer. 7 23 e. "Data processing software" means an ordered set of 7 24 instructions or statements that, when executed by a computer, 7 25 causes the computer to process data, and includes any program 7 26 or set of programs, procedures, or routines used to employ and 7 27 control capabilities of computer hardware. As used in this 7 28 paragraph "data processing software" includes but is not 7 29 limited to an operating system, compiler, assembler, utility, 7 30 library resource, maintenance routine, application, or 7 31 computer networking program. 7 32 2. A government body may provide, restrict, or prohibit 7 33 access to data processing software developed by the government 7 34 body, regardless of whether the data processing software is 7 35 separated or combined with a public record. A government body 8 1 shall establish policies and procedures to provide access to 8 2 public records which are combined with its data processing 8 3 software. A public record shall not be withheld from the 8 4 public because it is combined with data processing software. 8 5 A government body shall not acquire any electronic data 8 6 processing system for the storage, manipulation, or retrieval 8 7 of public records that would impair the government body's 8 8 ability to permit the examination of a public record and the 8 9 copying of a public record in either written or electronic 8 10 form. If it is necessary to separate a public record from 8 11 data processing software in order to permit the examination or 8 12 copying of the public record, the government body shall bear 8 13 the cost of separation of the public record from the data 8 14 processing software. The electronic public record shall be 8 15 made available in a format useable with commonly available 8 16 data processing or data base management software. The cost 8 17 chargeable to a person receiving a public record separated 8 18 from data processing software under this subsection shall not 8 19 be in excess of the charge under this chapter unless the 8 20 person receiving the public record requests that the public 8 21 record be specially processed. A government body may 8 22 establish payment rates and procedures required to provide 8 23 access to data processing software, regardless of whether the 8 24 data processing software is separated from or combined with a 8 25 public record. Proceeds from payments may be considered 8 26 repayment receipts, as defined in section 8.2. The payment 8 27 amount shall be calculated as follows: 8 28 a. If access to the data processing software is provided 8 29 to a person solely for the purpose of accessing a public 8 30 record, the amount shall be not more than that required to 8 31 recover direct publication costs, including but not limited to 8 32 editing, compilation, and media production costs, incurred by 8 33 the government body in developing the data processing 8 34 software, and preparing the data processing software for 8 35 transfer to the person. The amount shall be in addition to 9 1 any other fee required to be paid under this chapter for the 9 2 examination and copying of a public record. The government 9 3 body shall, if requested, provide documentation which explains 9 4 and justifies the amount charged. This paragraph shall not 9 5 apply to any publication for which a price has been 9 6 established pursuant to another section, including section 9 7 7A.22. 9 8 b. If access to the data processing software is provided 9 9 to a person for a purpose other than provided in paragraph 9 10 "a", the amount may be established according to the discretion 9 11 of the government body, and may be based upon competitive 9 12 market considerations as determined by the government body. 9 13 3. A government body is granted and may apply for and 9 14 receive any legal protection necessary to secure a right to or 9 15 an interest in data processing software developed by the 9 16 government body, including but not limited to federal 9 17 copyright, patent, and trademark protections, and any trade 9 18 secret protection available under chapter 550. The government 9 19 body may enter into agreements for the sale or distribution of 9 20 its data processing software, including marketing and 9 21 licensing agreements. The government body may impose 9 22 conditions upon the use of the data processing software that 9 23 is otherwise consistent with state and federal law. 9 24 Sec. 16. Section 22.7, Code Supplement 1995, is amended by 9 25 adding the following new subsection: 9 26 NEW SUBSECTION. 33. Data processing software, as defined 9 27 in section 22.3A, which is developed by a government body. 9 28 HF 2407 9 29 da/pk/25
Text: HF02406 Text: HF02408 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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