Text: HF00380 Text: HF00382 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 18E.1 DEFINITIONS. 1 2 For purposes of this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Board" means the IowAccess network board created in 1 5 section 18E.2. 1 6 2. "Government body" means as defined in section 22.1. 1 7 3. "IowAccess network" means the IowAccess network through 1 8 which the state electronically provides access to public 1 9 information. 1 10 4. "Lawful custodian" means as defined in section 22.1. 1 11 5. "Network manager" means the entity or person engaged to 1 12 manage and direct the IowAccess network. 1 13 6. "Public information" means information that is stored, 1 14 preserved, gathered, or generated in digitized form by a 1 15 lawful custodian and which is a public record under section 1 16 22.1, subsection 3. 1 17 7. "Subscriber" means a person who, for a fee, receives 1 18 premium service from the IowAccess network. 1 19 8. "User association" means an association which satisfies 1 20 all of the following: 1 21 a. The membership of the association is identifiable by 1 22 regular payment of association dues and regularly maintained 1 23 membership lists. 1 24 b. The association is registered with the secretary of 1 25 state as a domestic corporation. 1 26 c. The primary purpose of the association is for advancing 1 27 the common occupation or profession of its membership. 1 28 d. The association promotes and encourages its members to 1 29 become subscribers of the IowAccess network. 1 30 Sec. 2. NEW SECTION. 18E.2 IOWACCESS BOARD – MEMBERS – 1 31 DUTIES. 1 32 1. BOARD CREATED. An IowAccess network board is created 1 33 within the division of information technology services of the 1 34 department. The board, to the extent possible, shall do all 1 35 of the following: 2 1 a. Serve as a self-supporting and cost-effective gateway 2 2 to provide and enhance access to public information for 2 3 individuals, businesses, and other entities. 2 4 b. Provide rational, standardized, and comprehensive 2 5 services by enabling universal continuous access to accurate, 2 6 current public information that may be searched in a manner 2 7 that satisfies a user's purpose. Such services, at a minimum, 2 8 shall include standardized access to customized databases, 2 9 databases maintained by lawful custodians, and links to other 2 10 information sources. 2 11 c. Conduct electronic transactions. 2 12 d. Disseminate electronically through the IowAccess 2 13 network public information in the custody of each government 2 14 agency which is a lawful custodian. 2 15 e. Improve access to, and the utility of, public 2 16 information available through the IowAccess network by doing 2 17 all of the following: 2 18 (1) Expand the amount and type of public information 2 19 available through the IowAccess network for which no charge 2 20 will be made to the person seeking such information. 2 21 (2) Encourage increased access to public information 2 22 through the IowAccess network. 2 23 (3) Improve individual and business access to public 2 24 information through the use of available advanced technology. 2 25 f. Provide opportunities for individuals, businesses, and 2 26 other entities to review public information for accuracy and 2 27 to communicate any necessary corrections to the lawful 2 28 custodian. 2 29 g. Provide a secure mechanism for the authorized transfer 2 30 of nonpublic information. 2 31 h. Promote opportunities for private-public partnerships 2 32 and interagency cooperation in the exchange and sharing of 2 33 information. 2 34 i. Promote opportunities for innovative uses of public 2 35 information. 3 1 2. MEMBERSHIP. 3 2 a. The board shall be composed of thirteen members 3 3 including the following: 3 4 (1) The chief justice of the supreme court or the chief 3 5 justice's designee to represent the judicial branch. 3 6 (2) The director of the department of management or the 3 7 director's designee. 3 8 (3) The auditor of state or the auditor's designee. 3 9 (4) Six individuals appointed by the governor and subject 3 10 to confirmation by the senate who shall include all of the 3 11 following: 3 12 (a) One person representing financial institutions who 3 13 shall be actively engaged in finance and banking. 3 14 (b) One person representing insurers who shall be actively 3 15 engaged in the insurance industry. 3 16 (c) One person representing attorneys who shall be 3 17 actively engaged in the profession of law. 3 18 (d) One person representing media interests. 3 19 (e) One person representing cities who shall be actively 3 20 engaged in the administration of a city. 3 21 (f) One person representing counties who shall be actively 3 22 engaged in the administration of a county. 3 23 (5) Four members of the general assembly, two from the 3 24 senate and two from the house of representatives, with not 3 25 more than one member from each house being from the same 3 26 political party. The two senators shall be designated by the 3 27 president of the senate after consultation with the majority 3 28 and minority leaders of the senate. The two representatives 3 29 shall be designated by the speaker of the house of 3 30 representatives after consultation with the majority and 3 31 minority leaders of the house of representatives. 3 32 b. Members appointed by the governor shall serve three- 3 33 year staggered terms as designated by the governor and 3 34 appointments to the board are subject to the requirements of 3 35 sections 69.16, 69.16A, and 69.19. Members appointed by the 4 1 governor shall be reimbursed for actual and necessary expenses 4 2 incurred in performance of their duties. Such members may 4 3 also be eligible to receive compensation as provided in 4 4 section 7E.6. 4 5 3. DUTIES. The board shall do all of the following: 4 6 a. Negotiate a contract with a network manager who shall 4 7 perform the duties established in section 18E.3. A contract 4 8 entered into pursuant to this paragraph shall be for a period 4 9 not to exceed five years. The board shall review the 4 10 performance of the person under contract as network manager no 4 11 less than once every five years. 4 12 b. Establish IowAccess network policies and performance 4 13 criteria. 4 14 c. Review and approve the strategic plan, and any 4 15 revisions, submitted to the board by the network manager. 4 16 d. Review and approve an annual budget, including 4 17 estimated revenue and expenditures for the fiscal year, as 4 18 submitted by the network manager. 4 19 e. Review and approve fee schedules submitted by the 4 20 network manager, as well as the level of services associated 4 21 with such fees. 4 22 f. Adopt rules pursuant to chapter 17A necessary to carry 4 23 out the purposes of this chapter. 4 24 Sec. 3. NEW SECTION. 18E.3 IOWACCESS NETWORK MANAGER – 4 25 DUTIES. 4 26 1. The network manager retained by the board shall do all 4 27 of the following: 4 28 a. Serve as an agent of the board in carrying out the 4 29 purposes of the IowAccess network. 4 30 b. Direct and supervise the day-to-day operation of the 4 31 IowAccess network. 4 32 c. Report to the board on a periodic basis concerning new 4 33 potential services and new public information to be made 4 34 accessible through the IowAccess network. 4 35 d. Ensure that confidential information is not disclosed 5 1 by the network manager without the express authorization of 5 2 the lawful custodian. 5 3 e. Maintain a record of all operations of the IowAccess 5 4 network. 5 5 f. Maintain, on behalf of the board, all financial and 5 6 operational records, documents, and papers associated with the 5 7 IowAccess network. Such records, documents, and papers are 5 8 the property of the board and are public records subject to 5 9 chapter 22. 5 10 g. Develop and update, in consultation with lawful 5 11 custodians, a strategic plan for access to public information 5 12 through the IowAccess network to be submitted for approval to 5 13 the board. 5 14 h. Enter into contracts, subject to the approval of the 5 15 board, for consulting, research, and other services necessary 5 16 to carry out the duties of the manager. 5 17 i. Other duties as directed by the board. 5 18 2. The manager shall be allowed to access confidential 5 19 information necessary for the manager to carry out the duties 5 20 established in this section. The manager is subject to the 5 21 same restrictions and penalties as other lawful custodians 5 22 regarding the use and disclosure of confidential information. 5 23 3. a. Information compiled or developed by the network 5 24 manager for the IowAccess network and public information made 5 25 available through the IowAccess network shall be considered to 5 26 be in the public domain and is not subject to copyright 5 27 protection or licensing restrictions by the network manager, 5 28 the board, or the lawful custodian providing such information. 5 29 b. Notwithstanding paragraph "a", the fact that 5 30 information compiled or developed by the network manager or 5 31 public information is in the custody of the network manager 5 32 does not by itself result in such information being a public 5 33 record. 5 34 c. Notwithstanding paragraph "a", records that contain 5 35 information relating to the identity of a subscriber or user 6 1 of the IowAccess network regarding such subscriber's use of 6 2 the IowAccess network services are confidential. Such records 6 3 shall only be released with the express written consent of the 6 4 subscriber or user, or pursuant to court order. 6 5 Sec. 4. Section 18.183, subsections 1 and 2, Code 1999, 6 6 are amended to read as follows: 6 7 1. The government agency that is the lawful custodian of a 6 8 public record shall be responsible for determining whether a 6 9 record is required by state statute to be confidential. The 6 10 transmission of a record by a government agency by use of 6 11electronic means established, maintained, or managed by the6 12division of information technology servicesthe IowAccess 6 13 network shall not constitute a transfer of the legal custody 6 14 of the record from the individual government agency to the 6 15division of information technology services or to any other6 16person or entityboard or the network manager. 6 17 2. Thedivision of information technology services shall6 18not have authorityboard is not authorized to determine 6 19 whether an individual government agency should automate 6 20 records of which the individual government agency is the 6 21 lawful custodian. However, thedivisionboard may encourage 6 22 governmental agencies to implement electronic access to 6 23 government records as provided in section 18.182. 6 24 Sec. 5. Section 18.184, subsections 1 and 3, Code 1999, 6 25 are amended to read as follows: 6 26 1. Thedivision of information technology servicesnetwork 6 27 manager shall collect moneys paid to participating 6 28 governmental entities from persons who complete an electronic 6 29 financial transaction with the governmental entity by 6 30 accessing the IowAccess network. The moneys may include all 6 31 of the following: 6 32 a. Fees required to obtain an electronic public record as 6 33 provided in section 22.3A. 6 34 b. Fees required to process an application or file a 6 35 document, including but not limited to fees required to obtain 7 1 a license issued by a licensing authority. 7 2 c. Moneys owed to a governmental entity by a person 7 3 accessing the IowAccess network in order to satisfy a 7 4 liability arising from the operation of law, including the 7 5 payment of assessments, taxes, fines, and civil penalties. 7 6 d. Fees set by the board for access to the IowAccess 7 7 network as authorized in this division. 7 8 3. Thedivision of information technology servicesnetwork 7 9 manager shall serve as the agent of the governmental entity in 7 10 collecting moneys for receipt by governmental entities. The 7 11 moneys shall be transferred to governmental entities directly 7 12 or to the treasurer of state for disbursement to governmental 7 13 entities as required by the treasurer of state in cooperation 7 14 with the auditor of state. 7 15 Sec. 6. Section 18.185, Code 1999, is amended to read as 7 16 follows: 7 17 18.185 AUDITS REQUIRED. 7 18 A technology audit of theelectronic transmission system7 19 IowAccess network by which government records are transmitted 7 20 electronically to the public shall be conducted not less than 7 21 once annually for the purpose of determining that government 7 22 records and other electronic data are not misappropriated or 7 23 misused by thedivision of information technology services or7 24a contractor of the divisionIowAccess network or the network 7 25 manager. A financial audit shall be conducted not less than 7 26 once annually to determine the financial condition of the 7 27division of information technology servicesIowAccess network 7 28 and to make other relevant inquiries. 7 29 Sec. 7. Section 22.3A, subsection 2, paragraph a, Code 7 30 1999, is amended to read as follows: 7 31 a.If access to the data processing software is provided7 32to a person solely for the purpose of accessing a public7 33record, theThe amount charged shall be not more than that 7 34 required to recover direct publication costs, including but 7 35 not limited to editing, compilation, and media production 8 1 costs, incurred by the government body in developing the data 8 2 processing software, and preparing the data processing 8 3 software for transfer to the person. The amount shall be in 8 4 addition to any other fee required to be paid under this 8 5 chapter for the examination and copying of a public record. 8 6 If a personrequests the reproduction ofaccesses a public 8 7 record stored in an electronic format that does not require 8 8 formatting, editing, or compiling toreproduceaccess the 8 9 public record, the charge for providing thereproduced8 10 accessed public record shall not exceed the reasonable cost of 8 11reproducing and transmittingaccessing that public record. 8 12 The government body shall, if requested, provide documentation 8 13 which explains and justifies the amount charged. This 8 14 paragraph shall not apply to any publication for which a price 8 15 has been established pursuant to another section, including 8 16 section 7A.22. 8 17 Sec. 8. Section 321A.3, subsection 7, Code 1999, is 8 18 amended to read as follows: 8 19 7. Notwithstanding chapter 22 or any other law of this 8 20 state, except as provided in subsection 5, the department 8 21 shall not make availableana certified operating record in a 8 22 manner which would result in a fee of less than that provided 8 23 under subsection 1. Should the department make available 8 24 certified copies of abstracts of operating records on magnetic 8 25 tape or on disk or through electronic data transfer, the five 8 26 dollar fee under subsection 1 applies to each abstract 8 27 supplied, and an additional access fee may be charged for each 8 28 abstract supplied through electronic data transfer. 8 29 Sec. 9. DIRECTIONS TO CODE EDITOR. The Code editor is 8 30 directed to recodify sections 18.183 through 18.186, Code 8 31 1999, as new Code sections 18E.4 through 18E.7, and to make 8 32 any necessary internal reference corrections. 8 33 EXPLANATION 8 34 This bill creates new Code chapter 18E and provides a 8 35 statutory framework for the IowAccess network. An IowAccess 9 1 board is created within the division of information technology 9 2 services of the department of general services. The board, to 9 3 the extent possible, is directed to serve as a self-supporting 9 4 and cost-effective gateway to provide and enhance access to 9 5 public information for individuals, businesses, and other 9 6 entities; provide rational, standardized, and comprehensive 9 7 services by enabling universal continuous access to accurate, 9 8 current public information that may be searched in a manner 9 9 that satisfies a user's purpose; conduct electronic 9 10 transactions; disseminate electronically through the IowAccess 9 11 network, public information in the custody of each government 9 12 agency which is a lawful custodian; improve access to, and the 9 13 utility of, public information available through the IowAccess 9 14 network; provide opportunities for individuals, businesses, 9 15 and other entities to review public information for accuracy 9 16 and to communicate any necessary corrections to the lawful 9 17 custodian; provide a secure mechanism for the authorized 9 18 transfer of nonpublic information; promote opportunities for 9 19 private-public partnerships and interagency cooperation in the 9 20 exchange and sharing of information; and promote opportunities 9 21 for innovative uses of public information. The board is also 9 22 directed to negotiate a contract with a network manager who 9 23 shall perform the duties established in Code section 18E.3; 9 24 establish IowAccess network policies and performance criteria; 9 25 review and approve the strategic plan, and any revisions, 9 26 submitted to the board by the network manager; review and 9 27 approve an annual budget, including estimated revenue and 9 28 expenditures for the fiscal year, as submitted by the network 9 29 manager; review and approve fee schedules submitted by the 9 30 network manager, as well as the level of services associated 9 31 with such fees; and adopt rules pursuant to Code chapter 17A 9 32 necessary to carry out the purposes of this chapter. 9 33 The IowAccess board is composed of 13 persons from the 9 34 judicial, legislative, and executive branches of state 9 35 government, as well as public members who are appointed by the 10 1 governor. Members appointed by the governor are subject to 10 2 senate confirmation. 10 3 The bill provides that the IowAccess board is to negotiate 10 4 a contract with a network manager. The bill directs the 10 5 network manager to serve as an agent of the board in carrying 10 6 out the purposes of the IowAccess network; direct and 10 7 supervise the day-to-day operation of the IowAccess network; 10 8 report to the board on a periodic basis concerning new 10 9 potential services and new public information to be made 10 10 accessible through the IowAccess network; ensure that 10 11 confidential information is not disclosed by the network 10 12 manager without the express authorization of the lawful 10 13 custodian; maintain a record of all operations of the 10 14 IowAccess network; maintain, on behalf of the board, all 10 15 financial and operational records, documents, and papers 10 16 associated with the IowAccess network; develop and update, in 10 17 consultation with lawful custodians, a strategic plan for 10 18 access to public information through the IowAccess network to 10 19 be submitted for approval to the board; enter into contracts, 10 20 subject to the approval of the board, for consulting, 10 21 research, and other services necessary to carry out the duties 10 22 of the manager; and other duties as directed by the board. 10 23 The bill provides that information compiled or developed by 10 24 the network manager for the IowAccess network and public 10 25 information made available through the IowAccess network shall 10 26 be considered to be in the public domain and is not subject to 10 27 copyright protection or licensing restrictions by the network 10 28 manager, the board, or the lawful custodian providing such 10 29 information. 10 30 Code section 22.3A is amended to provide that the amount 10 31 which a government body may charge to a person for data 10 32 processing software shall not be more than that required to 10 33 recover direct publication costs incurred by the government 10 34 body in developing the data processing software, and preparing 10 35 the data processing software for transfer to the person. 11 1 Currently, that limit applies only if the access to the data 11 2 processing software is provided to a person solely for the 11 3 purpose of accessing a public record. The bill also changes 11 4 references in that section involving reproduction of a public 11 5 record to accessing such public record. 11 6 Code section 321A.3 is amended to provide that the minimum 11 7 five dollar fee for the abstract of an operating record of a 11 8 person applies only to certified abstracts. Currently, that 11 9 minimum fee would apply to all abstracts provided by the 11 10 department. The Code section is also amended to provide that 11 11 an additional access fee may be charged for each abstract 11 12 supplied through electronic data transfer. 11 13 The bill also makes corresponding changes to existing Code 11 14 sections 18.183 through 18.185 and directs the Code editor to 11 15 recodify sections 18.183 through 18.186, Code 1999, as new 11 16 Code sections 18E.4 through 18E.7, and to make any necessary 11 17 internal reference corrections. 11 18 LSB 1664YH 78 11 19 mj/jw/5
Text: HF00380 Text: HF00382 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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