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House File 636

Partial Bill History

Bill Text

PAG LIN
  1  1                                            HOUSE FILE 636
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO LEGISLATIVE BRANCH CONSOLIDATION OF FUNCTIONS
  1  5    BY COMBINING THE LEGISLATIVE SERVICE BUREAU, LEGISLATIVE
  1  6    FISCAL BUREAU, AND LEGISLATIVE COMPUTER SUPPORT BUREAU INTO A
  1  7    SINGLE CENTRAL LEGISLATIVE STAFF AGENCY, PROVIDING FOR
  1  8    LEGISLATIVE PUBLICATIONS PROCEDURES, MODIFYING THE SALES TAX
  1  9    EXEMPTION FOR ITEMS SOLD OR SERVICES PROVIDED BY THE NEW
  1 10    AGENCY, INCLUDING RELATED MATTERS, AND PROVIDING AN EFFECTIVE
  1 11    DATE.  
  1 12 
  1 13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 14 
  1 15    Section 1.  NEW SECTION.  2E.1  LEGISLATIVE SERVICES AGENCY
  1 16 CREATED – SERVICES – LEGISLATIVE PRIVILEGES –
  1 17 NONPARTISANSHIP AND NONADVOCACY.
  1 18    1.  A legislative services agency is created as a
  1 19 nonpartisan, central legislative staff agency under the
  1 20 direction and control of the legislative council.  The agency
  1 21 shall cooperate with and serve all members of the general
  1 22 assembly, the legislative council, and committees of the
  1 23 general assembly.
  1 24    2.  The legislative services agency shall provide the
  1 25 following services:
  1 26    a.  Legal and fiscal analysis, including legal drafting
  1 27 services, fiscal analysis of legislation, and state
  1 28 expenditure, revenue, and budget review.
  1 29    b.  State government oversight and performance evaluation.
  1 30    c.  Staffing of standing committees, revenue and budget
  1 31 committees, statutory committees, and interim study
  1 32 committees, and any subcommittees of such committees,
  1 33 including the provision of legal and fiscal analysis to
  1 34 committees and subcommittees.
  1 35    d.  Publication of the official legal publications of the
  2  1 state, including but not limited to the Iowa Code, Iowa Code
  2  2 Supplement, Iowa Acts, Iowa court rules, Iowa administrative
  2  3 bulletin, and Iowa administrative code as provided in chapter
  2  4 2B.
  2  5    e.  Operation and maintenance of the legislative computer
  2  6 systems used by the senate, house of representatives, and the
  2  7 central legislative staff agencies.
  2  8    f.  Provision of legislative information to the public,
  2  9 provision of library information, management of legislative
  2 10 visitor protocol services, and provision of capitol tour guide
  2 11 services.
  2 12    g.  Other functions as assigned to the legislative services
  2 13 agency by the legislative council or the general assembly.
  2 14    3.  The legislative services agency shall provide services
  2 15 to the general assembly in such a manner as to preserve the
  2 16 authority of the senate and the house of representatives to
  2 17 determine their own rules of proceedings and to exercise all
  2 18 other powers necessary for a separate branch of the general
  2 19 assembly of a free and independent state, and to protect the
  2 20 legislative privileges of the members and employees of the
  2 21 general assembly.  In providing services to the general
  2 22 assembly, the legislative services agency shall adhere to all
  2 23 applicable policies of the general assembly and its
  2 24 constituent bodies relating to public access to legislative
  2 25 information and related confidentiality restrictions.
  2 26    4.  The director and all other employees of the legislative
  2 27 services agency shall not participate in partisan political
  2 28 activities and shall not be identified as advocates or
  2 29 opponents of issues subject to legislative debate except as
  2 30 otherwise provided by law or by the legislative council.
  2 31    Sec. 2.  NEW SECTION.  2E.2  DIRECTOR – DUTIES.
  2 32    1.  The administrative head of the legislative services
  2 33 agency shall be the director appointed by the legislative
  2 34 council as provided in section 2.42.  The salary of the
  2 35 director shall be set by the legislative council.
  3  1    2.  The director shall do all of the following:
  3  2    a.  Employ persons with expertise to perform the legal,
  3  3 fiscal, technical, and other functions which are required to
  3  4 be performed by the legislative services agency by this
  3  5 chapter or are assigned to the legislative services agency by
  3  6 the legislative council or the general assembly.
  3  7    b.  Supervise all employees of the legislative services
  3  8 agency, including the legal counsel designated to provide
  3  9 legal assistance to the administrative rules review committee,
  3 10 and supervise any outside service providers retained by the
  3 11 legislative services agency.
  3 12    c.  Supervise all expenditures of the agency.
  3 13    d.  Supervise the legal and fiscal analysis and legal
  3 14 publication functions of the agency.
  3 15    e.  Supervise the government oversight and program
  3 16 evaluation functions of the agency.
  3 17    f.  Supervise the committee staffing functions of the
  3 18 agency.
  3 19    g.  Supervise the computer systems services functions of
  3 20 the agency.
  3 21    h.  Supervise the legislative and library information,
  3 22 legislative visitor protocol, and capitol tour guide functions
  3 23 of the agency.
  3 24    i.  Perform other functions as assigned to the director by
  3 25 the legislative council or the general assembly.
  3 26    Sec. 3.  NEW SECTION.  2E.3  INFORMATION ACCESS –
  3 27 CONFIDENTIALITY – SUBPOENAS.
  3 28    1.  a.  The director and agents and employees of the
  3 29 legislative services agency, with respect to the agency's
  3 30 provision of services relating to fiscal analysis of
  3 31 legislation, state expenditure, revenue, and budget review,
  3 32 state government oversight and performance evaluation, and
  3 33 staffing of revenue and budget committees, shall at all times
  3 34 have access to all agencies, offices, boards, and commissions
  3 35 of the state and its political subdivisions and private
  4  1 organizations providing services to individuals under
  4  2 contracts with state agencies, offices, boards, or commissions
  4  3 and to the information, records, instrumentalities, and
  4  4 properties used in the performance of such entities' statutory
  4  5 duties or contractual arrangements.  All such entities and the
  4  6 described private organizations shall cooperate with the
  4  7 director, and shall make available to the director such
  4  8 information, records, instrumentalities, and properties upon
  4  9 request.
  4 10    b.  If the information sought by the legislative services
  4 11 agency, with respect to the agency's provision of services
  4 12 described in paragraph "a", is required by law to be kept
  4 13 confidential, the agency shall have access to the information,
  4 14 but shall maintain the confidentiality of the information and
  4 15 is subject to the same penalties as the lawful custodian of
  4 16 the information for dissemination of the information.
  4 17 However, the legislative services agency shall not have access
  4 18 to tax return information except for individual income tax
  4 19 sample data as provided in section 422.72, subsection 1.
  4 20    c.  The director may issue subpoenas for production of any
  4 21 information, records, instrumentalities, or properties to
  4 22 which the director is authorized to have access under
  4 23 paragraph "a".  If any person subpoenaed refuses to produce
  4 24 the information, records, instrumentalities, or properties,
  4 25 the director may apply to the district court having
  4 26 jurisdiction over that person for the enforcement of the
  4 27 subpoena.
  4 28    2.  The director and agents and employees of the
  4 29 legislative services agency, with respect to the agency's
  4 30 provision of services relating to legal analysis, drafting,
  4 31 and publications, staffing of subject matter standing and
  4 32 statutory committees, and provision of legislative information
  4 33 to the public, may call upon any agency, office, board, or
  4 34 commission of the state or any of its political subdivisions
  4 35 or private organizations providing services to individuals
  5  1 under contracts with a state agency, office, board, or
  5  2 commission for such information and assistance as may be
  5  3 needed in the provision of services described in this
  5  4 subsection.  Such information and assistance shall be
  5  5 furnished within the resources and authority of such agency,
  5  6 office, board, or commission.  This requirement of furnishing
  5  7 such information and assistance shall not be construed to
  5  8 require the production or opening of any public records which
  5  9 are required by law to be kept private or confidential.
  5 10    3.  The director, an agent or former agent, and an employee
  5 11 or former employee of the legislative services agency shall
  5 12 not be compelled to give testimony or to appear and produce
  5 13 documentary evidence in a judicial or quasi-judicial
  5 14 proceeding if the testimony or documentary evidence sought
  5 15 relates to a legislative duty or act concerning the
  5 16 consideration or passage or rejection of proposed legislation
  5 17 performed by the director, agent, or employee.  An order or
  5 18 subpoena purporting to compel testimony or the production of
  5 19 documentary evidence protected under this subsection is
  5 20 unenforceable.
  5 21    Sec. 4.  NEW SECTION.  2E.4  SPECIFIC SERVICES – PUBLIC
  5 22 POLICY RECOMMENDATIONS RESTRICTED.
  5 23    The legislative services agency shall provide the following
  5 24 specific services:
  5 25    1.  Preparation of legal and legislative analysis of any
  5 26 governmental matter upon the proper request of members and
  5 27 committees of the general assembly.  Such analysis shall not
  5 28 contain any public policy recommendations.  Such legal
  5 29 analysis shall be provided through the exercise of an
  5 30 attorney-employee's independent, professional judgment.
  5 31    2.  Drafting and preparation of legislation, including
  5 32 bills, resolutions, and amendments, for committees and
  5 33 individual members of the general assembly; proposed bills and
  5 34 joint resolutions for state agencies and the governor in
  5 35 accordance with section 2.16; and bills embodying a plan of
  6  1 legislative and congressional redistricting prepared in
  6  2 accordance with chapter 42.
  6  3    3.  Fiscal analysis of legislation, and state expenditure,
  6  4 revenue, and budget review.  The director of the agency or the
  6  5 director's designee may make recommendations to the general
  6  6 assembly concerning the state's expenditures and revenues.
  6  7    4.  Attendance at the budget hearings required by section
  6  8 8.26.  The director of the agency may offer explanations or
  6  9 suggestions and make inquiries with respect to such budget
  6 10 hearings.
  6 11    5.  Assistance to standing committees and members of the
  6 12 general assembly in attaching fiscal notes to bills and
  6 13 resolutions as provided by the rules of the general assembly.
  6 14    6.  Performance of the duties pertaining to the preparation
  6 15 of correctional impact statements as provided in section 2.56.
  6 16    7.  Furnishing information, acting in an advisory capacity,
  6 17 providing staffing services, and reporting to standing,
  6 18 statutory, and interim committees of the general assembly.
  6 19    8.  Provision of staffing services including but not
  6 20 limited to preparation of legal and legislative analysis for
  6 21 the administrative rules review committee.
  6 22    9.  Preparation of legal and legislative analysis for the
  6 23 legislative council with respect to rules and forms submitted
  6 24 by the supreme court to the legislative council pursuant to
  6 25 section 602.4202.
  6 26    10.  Review and oversight of state program operations and
  6 27 program evaluation of state agencies, including compliance,
  6 28 efficiency, and effectiveness determinations, as required by
  6 29 section 2E.7.
  6 30    11.  Provision of legislative computer systems services to
  6 31 the senate, house of representatives, and central legislative
  6 32 staff agencies, and provision of advice regarding legislative
  6 33 computer systems services, needs, capabilities, and uses to
  6 34 the legislative council and the general assembly.
  6 35    Sec. 5.  NEW SECTION.  2E.5  OFFICIAL LEGAL AND OTHER
  7  1 PUBLICATIONS – PROCUREMENTS.
  7  2    1.  The legislative services agency shall publish the
  7  3 official legal publications of the state as provided in
  7  4 chapter 2B.  The legislative services agency shall have legal
  7  5 custody of the publications and shall provide for the
  7  6 warehousing, sale, and distribution of the publications.  The
  7  7 legislative services agency shall retain or cause to be
  7  8 retained a number of old editions of the publications but may
  7  9 otherwise distribute or cause to be distributed old editions
  7 10 of the publications to any person upon payment by the person
  7 11 of any distribution costs.
  7 12    2.  The printed versions of the publications listed in this
  7 13 subsection shall be sold at a price to be established by the
  7 14 legislative services agency.  In determining the prices, the
  7 15 legislative services agency shall consider the costs of
  7 16 printing, binding, distribution, and paper stock, compilation
  7 17 and editing labor costs, and any other associated costs.  The
  7 18 legislative services agency shall also consider the number of
  7 19 volumes or units to be printed, sold, and distributed in the
  7 20 determination of the prices.
  7 21    a.  The Iowa Code.
  7 22    b.  The Iowa Code Supplement.
  7 23    c.  The Iowa Acts.
  7 24    d.  The Iowa court rules.
  7 25    e.  The Iowa administrative code.
  7 26    f.  The Iowa administrative bulletin.
  7 27    3.  The legislative services agency shall compile for
  7 28 publication and distribute in odd-numbered years the Iowa
  7 29 official register.  The register shall contain historical,
  7 30 political, and other information and statistics of general
  7 31 value but shall not contain information or statistics of a
  7 32 partisan character.  The print and electronic versions of the
  7 33 register need not contain the same information and statistics
  7 34 but shall be published to provide the greatest access to such
  7 35 information and statistics at the most reasonable cost as
  8  1 determined by the legislative services agency.  The different
  8  2 versions of the register may be distributed free of charge,
  8  3 may be distributed free of charge except for postage and
  8  4 handling charges, or may be sold at a price to be established
  8  5 by the legislative services agency.
  8  6    4.  The legislative services agency may establish policies
  8  7 for the production, editing, distribution, and pricing of
  8  8 electronic publications containing information stored by the
  8  9 legislative branch in an electronic format, including
  8 10 information contained in the printed publications listed in
  8 11 this section.  Such electronic publications may include
  8 12 programming not originally part of the stored information,
  8 13 including but not limited to search and retrieval functions.
  8 14 The policies shall provide for the widest possible
  8 15 distribution of these value-added electronic publications at
  8 16 the lowest price practicable, which shall not be more than the
  8 17 costs attributable to producing, editing, and distributing the
  8 18 electronic publications.
  8 19    5.  Subject to section 2.42, the legislative services
  8 20 agency shall determine its procurement procedures, which may
  8 21 include procurement determinations based on service provider
  8 22 competence, meeting of service or product specifications, and
  8 23 reasonableness of price; the posting of security to accompany
  8 24 a service provider proposal; the preference of Iowa-based
  8 25 businesses if comparable in price; the disclosure of service
  8 26 provider assignments; the inclusion of renewal options; the
  8 27 imposition of liquidated damages and other penalties for
  8 28 breach of any service provider requirement; and the rejection
  8 29 of all service provider proposals and institution of a new
  8 30 procurement process.
  8 31    Sec. 6.  NEW SECTION.  2E.6  SPECIAL DISTRIBUTION OF LEGAL
  8 32 PUBLICATIONS – RESTRICTIONS ON FREE DISTRIBUTIONS.
  8 33    1.  The legislative services agency shall make free
  8 34 distribution of the printed versions of the official legal
  8 35 publications listed in section 2E.5, subsection 2, subject to
  9  1 payment of any routine distribution costs such as but not
  9  2 limited to mailing and handling costs, to the three branches
  9  3 of state government, to elected county officers, to county and
  9  4 city assessors, to Iowa's congressional delegation, to federal
  9  5 courts in Iowa and federal judges and magistrates for Iowa,
  9  6 and to state and university depository libraries, the library
  9  7 of congress, and the library of the United States supreme
  9  8 court.  Only such officers, offices, and agencies entitled to
  9  9 or receiving free copies during the fiscal year beginning July
  9 10 1, 2002, and ending June 30, 2003, shall be entitled to
  9 11 continue to receive free copies in subsequent years, except
  9 12 that successor and new officers, offices, and agencies shall
  9 13 receive a reasonable number of free copies as determined by
  9 14 the legislative services agency.  Such officers, offices, and
  9 15 agencies shall annually review the number of copies received
  9 16 in the prior year to determine if the number of copies
  9 17 received can be reduced and shall submit the information in a
  9 18 report to the legislative services agency.  The number of
  9 19 copies received, once reduced, shall not be increased to the
  9 20 previous level without the express consent of the legislative
  9 21 services agency.
  9 22    2.  Each officer, office, or agency receiving one or more
  9 23 free copies of a publication under this section shall only
  9 24 receive up to the number of copies indicated free at the time
  9 25 of initial distribution.  If an officer, office, or agency
  9 26 receiving one or more free copies of a publication under this
  9 27 section desires additional copies beyond the number initially
  9 28 received, the officer, office, or agency must request the
  9 29 additional copies and pay the normal charge for such
  9 30 publication.
  9 31    3.  If a version of a publication provided under this
  9 32 section is available in an electronic format, the legislative
  9 33 services agency may establish policies providing for the
  9 34 substitution of an electronic version for the printed version
  9 35 of the publication, and for the amount of payment, if any,
 10  1 required for the electronic publication.  The payment amount
 10  2 shall not be more than established pursuant to section 2E.5
 10  3 for the same publication.  For the Iowa administrative code
 10  4 and its supplements, the legislative services agency may
 10  5 provide that the distribution requirement of this section is
 10  6 met by distributing relevant portions of the Iowa
 10  7 administrative code or its supplements in either a printed or
 10  8 electronic format.
 10  9    4.  Notwithstanding any provision of this section to the
 10 10 contrary, the legislative services agency may review the
 10 11 publication costs and offsetting sales revenues relating to
 10 12 legal publications in printed formats, and may establish
 10 13 policies requiring payment from persons otherwise entitled to
 10 14 receive them at no cost or at a price covering distribution
 10 15 costs pursuant to subsection 1.  The payment amount shall not
 10 16 be more than established pursuant to section 2E.5 for the same
 10 17 publication.
 10 18    Sec. 7.  NEW SECTION.  2E.7  STATE GOVERNMENT OVERSIGHT AND
 10 19 PROGRAM EVALUATION.
 10 20    1.  The general assembly shall independently and
 10 21 intensively review and oversee the performance of state
 10 22 agencies in the operation of state programs to evaluate the
 10 23 efficiency and effectiveness of the state programs and to
 10 24 consider alternatives which may improve the benefits of such
 10 25 programs or may reduce their costs to the citizens of the
 10 26 state.  The legislative services agency shall provide
 10 27 technical and professional support for the general assembly's
 10 28 oversight responsibility.
 10 29    2.  The general assembly by concurrent resolution or the
 10 30 legislative council may direct the legislative services agency
 10 31 to conduct a program evaluation of any state agency.  Upon the
 10 32 passage of the concurrent resolution or receiving the
 10 33 direction of the legislative council, the director of the
 10 34 legislative services agency shall inform the chairpersons of
 10 35 the committees responsible for appropriations of the
 11  1 anticipated cost of the program evaluation and the number and
 11  2 nature of any additional personnel needed to conduct the
 11  3 program evaluation and shall notify the official responsible
 11  4 for the program to be evaluated.  The director, after
 11  5 consulting with the responsible official and the entity
 11  6 requesting the program evaluation, shall determine the goals
 11  7 and objectives of the state agency or state program for the
 11  8 purpose of the program evaluation.
 11  9    3.  In conducting the program evaluation, the legislative
 11 10 services agency may make certain determinations including but
 11 11 not limited to the following:
 11 12    a.  The organizational framework of the state agency, its
 11 13 adequacy and relationship to the overall structure of state
 11 14 government, and whether the program under the agency's
 11 15 jurisdiction could be more effective if consolidated with
 11 16 another program, transferred to another program, or modified,
 11 17 or whether the program should be abolished.
 11 18    b.  Whether the state agency is conducting programs and
 11 19 activities and expending funds appropriated to the state
 11 20 agency in compliance with state and federal law and any
 11 21 executive order of the governor, and whether statutory or
 11 22 administrative rule changes are advisable.
 11 23    c.  Whether the state agency is conducting authorized
 11 24 activities and programs pursuant to goals and objectives
 11 25 established by statute or rule, specific legislative intent,
 11 26 the budget, the governor, or a strategic or other long-range
 11 27 plan, and whether alternatives which might produce the desired
 11 28 results at a lower cost have been considered.
 11 29    d.  Whether the state agency is conducting programs and
 11 30 activities and expending funds appropriated to the state
 11 31 agency in an efficient and effective manner, has complied with
 11 32 all applicable laws, and, if not, determine the causes for
 11 33 such inefficiency, ineffectiveness, or noncompliance.
 11 34    e.  Relationships within and among other governmental
 11 35 agencies and programs including financial exchanges,
 12  1 coordination, inconsistent programs, and areas of duplication
 12  2 or overlapping programs.
 12  3    f.  The productivity of the state agency's operations
 12  4 measured in terms of cost-benefit relationships or other
 12  5 accepted measures of effectiveness.
 12  6    g.  Other criteria determined by the director.
 12  7    4.  Upon the completion of the program evaluation and
 12  8 preparation of a report on the evaluation, the legislative
 12  9 services agency shall provide a copy of the report to the
 12 10 governing official or board of the state agency and afford the
 12 11 state agency a reasonable opportunity to respond to the
 12 12 findings and recommendations of the report.  The response
 12 13 shall be included in the final version of the report released
 12 14 to the general assembly or the legislative council.  Until its
 12 15 release the report shall be regarded as confidential by all
 12 16 persons properly having custody of the report.
 12 17    Sec. 8.  NEW SECTION.  2E.8  SALES – TAX EXEMPTION.
 12 18    1.  The legislative services agency and its legislative
 12 19 information office may sell mementos and other items relating
 12 20 to Iowa history and historic sites, the general assembly, and
 12 21 the state capitol, on the premises of property under the
 12 22 control of the legislative council, at the state capitol, and
 12 23 on other state property.
 12 24    2.  The legislative services agency is not a retailer under
 12 25 chapter 422 and the sale of items or provision of services by
 12 26 the legislative services agency is not a retail sale under
 12 27 chapter 422, division IV, and is exempt from the sales tax.
 12 28    Sec. 9.  Section 2.9, Code 2003, is amended to read as
 12 29 follows:
 12 30    2.9  JOURNALS – BILLS AND AMENDMENTS.
 12 31    1.  a.  The senate and house of representatives shall each
 12 32 publish a daily journal of the transactions of their
 12 33 respective bodies.  The secretary of the senate and the chief
 12 34 clerk of the house shall each determine the format and manner
 12 35 of the journal's publication, the procurement procedures for
 13  1 the journal's publication, and the journal's distribution for
 13  2 their respective bodies.
 13  3    b.  The secretary of the senate and the clerk of the house
 13  4 of representatives shall each preserve copies of the printed
 13  5 daily journals of their respective bodies, as corrected,
 13  6 certify to their correctness, and file them with the secretary
 13  7 of state at the adjournment of each session of the general
 13  8 assembly.  The secretary of state shall cause the journals to
 13  9 be bound and preserved as preserve the original journals of
 13 10 the senate and the house in the manner specified by the
 13 11 majority leader of the senate and speaker of the house.
 13 12    2.  a.  The senate and house of representatives shall each
 13 13 publish bills and amendments of their respective bodies.  The
 13 14 secretary of the senate and the chief clerk of the house shall
 13 15 each determine the procurement procedures for the publication
 13 16 of the bills and amendments and the distribution of the bills
 13 17 and amendments for their respective bodies.
 13 18    b.  A bill that seeks to legalize the acts of any official
 13 19 or board or other official body, in regard to any matter of
 13 20 public nature or for any person or persons, company, or
 13 21 corporation, shall not be considered by the senate or house of
 13 22 representatives until the bill is published and distributed to
 13 23 members of the general assembly, and the publication shall be
 13 24 without expense to the state.  The senate and house shall not
 13 25 order any such bill published until the secretary of the
 13 26 senate or chief clerk of the house has received a deposit to
 13 27 cover the cost of the publication.  The newspaper publication
 13 28 of such bill shall be without expense to the state, and the
 13 29 bill shall not be published in a newspaper until the costs of
 13 30 the newspaper publication has been paid to the secretary of
 13 31 state.
 13 32    Sec. 10.  Section 2.42, subsections 1, 2, 11, 12, 13, 14,
 13 33 15, 16, 18, and 19, Code 2003, are amended to read as follows:
 13 34    1.  To establish policies for the operation of the
 13 35 legislative service bureau, including the priority to be given
 14  1 to research requests and the distribution of research reports
 14  2 services agency.
 14  3    2.  To appoint the director of the legislative service
 14  4 bureau services agency for such term of office as may be set
 14  5 by the council.
 14  6    11.  To approve the appointment of the Iowa Code editor and
 14  7 the administrative code editor and establish the salaries of
 14  8 the persons employed in that office.
 14  9    12.  To establish policies for the distribution of
 14 10 information which is stored by the general assembly in an
 14 11 electronic format, including the contents of statutes or
 14 12 rules, other than value-added electronic publications as
 14 13 provided in section 7A.22 2E.5.  The legislative council shall
 14 14 establish payment rates that encourage the distribution of
 14 15 such information to the public, including private vendors
 14 16 reselling that information.  The legislative council shall not
 14 17 establish a price that attempts to recover more than is
 14 18 attributable to costs related to reproducing and delivering
 14 19 the information.
 14 20    13.  To establish policies with regard to the publishing of
 14 21 printed and electronic versions of the Iowa administrative
 14 22 code, the Iowa administrative bulletin, the Iowa Code, the
 14 23 Iowa Code Supplement, and the session laws Iowa Acts, or any
 14 24 part of those publications.  The publishing policies may
 14 25 include, but are not limited to:  the style and format to be
 14 26 used; the frequency of publication; the contents of the
 14 27 publications; the numbering system to be used in the Iowa
 14 28 Code, the Iowa Code Supplement, and the session laws Iowa
 14 29 Acts; the preparation of editorial comments or notations; the
 14 30 correction of errors; the type of print or electronic media
 14 31 and data processing software to be used; the number of printed
 14 32 volumes to be published; recommended revisions of the Iowa
 14 33 Code, the Iowa Code Supplement, and the session laws Iowa
 14 34 Acts; the letting of contracts for the publication of the Iowa
 14 35 administrative code, the Iowa administrative bulletin, the
 15  1 Iowa court rules, the Iowa Code, the Iowa Code Supplement, and
 15  2 session laws the Iowa Acts; the pricing of the publications to
 15  3 which section 22.3 does not apply; access to, and the use,
 15  4 reproduction, legal protection, sale or distribution, and
 15  5 pricing of related data processing software consistent with
 15  6 chapter 22; and any other matters deemed necessary to the
 15  7 publication of uniform and understandable publications.
 15  8    14.  To establish policies for the operation of the
 15  9 legislative fiscal bureau.
 15 10    15.  To appoint the director of the legislative fiscal
 15 11 bureau for such term of office as may be set by the council.
 15 12    16.  To hear and act upon appeals of aggrieved employees of
 15 13 the legislative service bureau, legislative fiscal bureau,
 15 14 computer support bureau, services agency and the office of the
 15 15 citizens' aide pursuant to rules of procedure established by
 15 16 the council.
 15 17    18.  To establish policies for the operation of the
 15 18 computer support bureau.
 15 19    19.  To appoint the director of the computer support bureau
 15 20 for a term of office set by the council.
 15 21    Sec. 11.  Section 2.45, subsection 2, Code 2003, is amended
 15 22 to read as follows:
 15 23    2.  The legislative fiscal committee, composed of the
 15 24 chairpersons or their designated committee member and the
 15 25 ranking minority party members or their designated committee
 15 26 member of the committees of the house and senate responsible
 15 27 for developing a state budget and appropriating funds, the
 15 28 chairpersons or their designated committee member and the
 15 29 ranking minority party members or their designated committee
 15 30 member of the committees on ways and means, and two members,
 15 31 one appointed from the majority party of the senate by the
 15 32 majority leader of the senate and one appointed from the
 15 33 majority party of the house by the speaker of the house of
 15 34 representatives.  In each house, unless one of the members who
 15 35 represent the committee on ways and means is also a member of
 16  1 the legislative council, the person appointed from the
 16  2 membership of the majority party in that house shall also be
 16  3 appointed from the membership of the legislative council.  The
 16  4 legislative fiscal committee shall determine policies for the
 16  5 legislative fiscal bureau and shall direct the administration
 16  6 of performance audits and visitations, subject to the approval
 16  7 of the legislative council.
 16  8    Sec. 12.  Section 2.56, Code 2003, is amended to read as
 16  9 follows:
 16 10    2.56  CORRECTIONAL IMPACT STATEMENTS.
 16 11    1.  Prior to debate on the floor of a chamber of the
 16 12 general assembly, a correctional impact statement shall be
 16 13 attached to any bill, joint resolution, or amendment which
 16 14 proposes a change in the law which creates a public offense,
 16 15 significantly changes an existing public offense or the
 16 16 penalty for an existing offense, or changes existing
 16 17 sentencing, parole, or probation procedures.  The statement
 16 18 shall include information concerning the estimated number of
 16 19 criminal cases per year that the legislation will impact, the
 16 20 fiscal impact of confining persons pursuant to the
 16 21 legislation, the impact of the legislation upon existing
 16 22 correctional institutions, community-based correctional
 16 23 facilities and services, and jails, the likelihood that the
 16 24 legislation may create a need for additional prison capacity,
 16 25 and other relevant matters.  The statement shall be factual
 16 26 and shall, if possible, provide a reasonable estimate of both
 16 27 the immediate effect and the long-range impact upon prison
 16 28 capacity.
 16 29    2.  a.  The preliminary determination of whether a bill,
 16 30 joint resolution, or amendment appears to require a
 16 31 correctional impact statement shall be made by the legislative
 16 32 service bureau, which shall send a copy of the bill, joint
 16 33 resolution, or amendment, upon completion of the draft, to the
 16 34 legislative fiscal director for review, unless the requestor
 16 35 specifies the request is to be confidential.
 17  1    b. 2.  a.  When a committee of the general assembly reports
 17  2 a bill, joint resolution, or amendment to the floor, the
 17  3 committee shall state in the report whether a correctional
 17  4 impact statement is or is not required.
 17  5    c. b.  The legislative fiscal director services agency
 17  6 shall review all bills and joint resolutions placed on the
 17  7 calendar of either chamber of the general assembly, as well as
 17  8 amendments filed to bills or joint resolutions on the
 17  9 calendar, to determine whether a correctional impact statement
 17 10 is required.
 17 11    d. c.  A member of the general assembly may request the
 17 12 preparation of a correctional impact statement by submitting a
 17 13 request to the legislative fiscal bureau services agency.
 17 14    3.  The legislative fiscal director services agency shall
 17 15 cause to be prepared and shall approve a correctional impact
 17 16 statement within a reasonable time after receiving a request
 17 17 or determining that a proposal is subject to this section.
 17 18 All correctional impact statements approved by the legislative
 17 19 fiscal director services agency shall be transmitted
 17 20 immediately to either the chief clerk of the house or the
 17 21 secretary of the senate, after notifying the sponsor of the
 17 22 legislation that the statement has been prepared, for
 17 23 publication in the daily clip sheet.  The chief clerk of the
 17 24 house or the secretary of the senate shall attach the
 17 25 statement to the bill, joint resolution, or amendment affected
 17 26 as soon as it is available.
 17 27    4.  The legislative fiscal director services agency may
 17 28 request the cooperation of any state department or agency or
 17 29 political subdivision in preparing a correctional impact
 17 30 statement.
 17 31    5.  A revised correctional impact statement shall be
 17 32 prepared if the correctional impact has been changed by the
 17 33 adoption of an amendment, and may be requested by a member of
 17 34 the general assembly or be prepared upon a determination made
 17 35 by the legislative fiscal director services agency.  However,
 18  1 a request for a revised correctional impact statement shall
 18  2 not delay action on the bill, joint resolution, or amendment
 18  3 unless so ordered by the presiding officer of the chamber.
 18  4    Sec. 13.  Section 2B.1, Code 2003, is amended to read as
 18  5 follows:
 18  6    2B.1  IOWA CODE AND ADMINISTRATIVE CODE DIVISIONS –
 18  7 EDITORS.
 18  8    1.  The Iowa Code and administrative code divisions are
 18  9 established within the legislative service bureau.
 18 10    2. 1.  The director of the legislative service bureau
 18 11 services agency shall appoint the Iowa Code editor and the
 18 12 administrative code editor, subject to the approval of the
 18 13 legislative council, as provided in section 2.42.  The Iowa
 18 14 Code editor and the administrative code editor shall serve as
 18 15 the heads of their respective divisions, at the pleasure of
 18 16 the director of the legislative service bureau, and subject to
 18 17 the approval of the legislative council services agency.
 18 18    3. 2.  The Iowa Code and administrative code divisions
 18 19 editors are responsible for the editing, compiling, and
 18 20 proofreading of the publications they prepare, as provided in
 18 21 this chapter.  The Iowa Code division editor is entitled to
 18 22 the temporary possession of the original enrolled Acts and
 18 23 resolutions as necessary to prepare them for publication.
 18 24    Sec. 14.  Section 2B.5, Code 2003, is amended to read as
 18 25 follows:
 18 26    2B.5  DUTIES OF ADMINISTRATIVE CODE DIVISION EDITOR.
 18 27    The administrative code division editor shall:
 18 28    1.  Cause the Iowa administrative bulletin and the Iowa
 18 29 administrative code to be published as provided in chapter
 18 30 17A.
 18 31    2.  Cause the Iowa court rules to be published and
 18 32 distributed, as directed by the supreme court after
 18 33 consultation with the legislative council.  The Iowa court
 18 34 rules shall consist of all rules prescribed by the supreme
 18 35 court.  The court rules shall be published in loose-leaf form
 19  1 and supplements shall be prepared and distributed as directed
 19  2 by the supreme court.  The Iowa court rules and supplements to
 19  3 the court rules shall be priced as provided in section 7A.22
 19  4 2E.5.
 19  5    3.  Cause to be published annually in pamphlet form a
 19  6 correct list of state officers and deputies, members of boards
 19  7 and commissions, judges justices of the supreme court,
 19  8 appellate judges of the court of appeals, and judges of the
 19  9 district courts including district associate judges and
 19 10 judicial magistrates, and members of the general assembly.
 19 11 The offices of the governor and secretary of state shall
 19 12 cooperate in the preparation of the list.  This pamphlet shall
 19 13 be published as soon after July 1 as it becomes apparent that
 19 14 it will be reasonably current.
 19 15    4.  Notify the administrative rules coordinator if a rule
 19 16 is not in proper style or form.
 19 17    5.  Perform other duties as directed by the director of the
 19 18 legislative service bureau services agency, the legislative
 19 19 council, or the administrative rules review committee and as
 19 20 provided by law.
 19 21    Sec. 15.  Section 2B.6, Code 2003, is amended to read as
 19 22 follows:
 19 23    2B.6  DUTIES OF IOWA CODE DIVISION EDITOR.
 19 24    The Iowa Code division editor shall:
 19 25    1.  Submit recommendations as the Iowa Code editor deems
 19 26 proper to each general assembly for the purpose of amending,
 19 27 revising, codifying, and repealing portions of the statutes
 19 28 which are inaccurate, inconsistent, outdated, conflicting,
 19 29 redundant, or ambiguous, and present the recommendations in
 19 30 bill form to the appropriate committees of the general
 19 31 assembly.
 19 32    2.  Cause the annual session laws Iowa Acts to be
 19 33 published, as provided in section 2B.10, including copies of
 19 34 all Acts and joint resolutions passed at each session of the
 19 35 general assembly.
 20  1    3.  Cause the Iowa Code and Iowa Code Supplement to be
 20  2 published as provided in section 2B.12.
 20  3    4.  Perform other duties as directed by the director of the
 20  4 legislative service bureau services agency or the legislative
 20  5 council and as provided by law.
 20  6    Sec. 16.  Section 2B.10, subsection 5, Code 2003, is
 20  7 amended to read as follows:
 20  8    5.  The enrolling clerks of the house and senate shall
 20  9 arrange for the Iowa Code division editor to receive suitable
 20 10 copies of all Acts and resolutions as soon as they are
 20 11 enrolled.
 20 12    Sec. 17.  Section 2B.12, subsection 6, paragraph f, Code
 20 13 2003, is amended to read as follows:
 20 14    f.  The Constitution of the State of Iowa, original and
 20 15 codified versions.
 20 16    Sec. 18.  Section 2B.13, Code 2003, is amended to read as
 20 17 follows:
 20 18    2B.13  EDITORIAL POWERS AND DUTIES.
 20 19    1.  The Iowa Code editor in preparing the copy for an
 20 20 edition of the Iowa Code or a Iowa Code Supplement, and the
 20 21 administrative code editor in preparing the copy for an
 20 22 edition of the Iowa administrative code or bulletin shall not
 20 23 alter the sense, meaning, or effect of any Act of the general
 20 24 assembly, but may:
 20 25    a.  Correct manifestly misspelled words and grammatical and
 20 26 clerical errors, including punctuation but without changing
 20 27 the meaning, and change capitalization, spelling, and
 20 28 punctuation for purposes of uniformity and consistency in Code
 20 29 language.
 20 30    b.  Correct internal references to sections which are cited
 20 31 erroneously or have been repealed, and amended, or renumbered.
 20 32    c.  Substitute the proper chapter, section, subsection, or
 20 33 other statutory reference for the term "this Act" or
 20 34 references to another Act of the general assembly when there
 20 35 appears to be no doubt as to the proper method of making the
 21  1 substitution.
 21  2    d.  Substitute the proper date for references to the
 21  3 effective or applicability dates of an Act when there appears
 21  4 to be no doubt as to the proper method of making the
 21  5 substitution.
 21  6    e.  Correct names of agencies, officers, or other entities
 21  7 which have been changed, when there appears to be no doubt as
 21  8 to the proper methods method of making the corrections
 21  9 correction.  The Code editor shall maintain a record of the
 21 10 corrections made under this paragraph.  The record shall be
 21 11 available to the public.
 21 12    c. f.  Transfer, divide, or combine sections or parts of
 21 13 sections and add or amend headnotes to sections and
 21 14 subsections.  Pursuant to section 3.3, the headnotes are not
 21 15 part of the law.
 21 16    g.  Change words that designate one gender to reflect both
 21 17 genders when the provisions apply to both genders.
 21 18    h.  If any Code section or part of a Code section, or any
 21 19 Act of the general assembly which is intended to be codified,
 21 20 is amended by more than one Act or more than one provision in
 21 21 an Act of the general assembly, and the amendments do not
 21 22 expressly refer to or amend one of the other Acts or Act
 21 23 provisions in question, harmonize the amendments, if possible,
 21 24 so that effect may be given to each and incorporate the
 21 25 amendments as harmonized in the Code section.  If amendments
 21 26 made by several Acts are irreconcilable, unless one of the
 21 27 amendments repeals or strikes the language in question, the
 21 28 Iowa Code editor shall codify the amendment that is latest in
 21 29 date of enactment by the general assembly.  If amendments made
 21 30 by provisions within an Act are irreconcilable, unless one of
 21 31 the amendments repeals or strikes the language in question,
 21 32 the Iowa Code editor shall codify the provision listed last in
 21 33 the Act.  If one of the amendments repeals or strikes the
 21 34 language in question, the Iowa Code editor shall codify the
 21 35 amendment that repeals or strikes the language.
 22  1    2.  The Iowa Code editor may prepare and publish comments
 22  2 deemed necessary for a proper explanation of the manner of
 22  3 printing a section or chapter of the Iowa Code.
 22  4    3.  The Iowa Code editor, in preparing the copy for an
 22  5 edition of the Iowa Code or a Code Supplement, and the
 22  6 administrative code editor in preparing the copy for an
 22  7 edition of the Iowa administrative code, shall edit the copy
 22  8 in order that words which designate one gender are changed to
 22  9 reflect both genders when the provisions of law apply to
 22 10 persons of both genders.
 22 11    2.  The administrative code editor in preparing the copy
 22 12 for an edition of the Iowa administrative code or bulletin
 22 13 shall not alter the sense, meaning, or effect of any rule, but
 22 14 may:
 22 15    a.  Correct misspelled words and grammatical and clerical
 22 16 errors, including punctuation, and change capitalization,
 22 17 spelling, and punctuation for purposes of uniformity and
 22 18 consistency.
 22 19    b.  Correct references to rules or sections which are cited
 22 20 erroneously or have been repealed, amended, or renumbered.
 22 21    c.  Correct names of agencies, officers, or other entities
 22 22 when there appears to be no doubt as to the proper method of
 22 23 making the correction.
 22 24    d.  Transfer, divide, or combine rules or parts of rules
 22 25 and add or amend catchwords to rules and subrules.
 22 26    e.  Change words that designate one gender to reflect both
 22 27 genders when the provisions apply to both genders.
 22 28    f.  Perform any other editorial tasks required or
 22 29 authorized by section 17A.6.
 22 30    3.  The Iowa Code editor may, in preparing the copy for an
 22 31 edition of the Iowa Code or Iowa Code Supplement, establish
 22 32 standards for and change capitalization, spelling, and
 22 33 punctuation in any Code provision for purposes of uniformity
 22 34 and consistency in Code language.  The administrative code
 22 35 editor may establish standards for capitalization, spelling,
 23  1 and punctuation for purposes of uniformity and consistency in
 23  2 the administrative code.
 23  3    4.  The Iowa Code editor shall seek direction from the
 23  4 senate committee on judiciary and the house committee on
 23  5 judiciary when making Iowa Code or Iowa Code Supplement
 23  6 changes, and the administrative code editor shall seek
 23  7 direction from the administrative rules review committee and
 23  8 the administrative rules coordinator when making Iowa
 23  9 administrative code changes, which appear to require
 23 10 substantial editing and which might otherwise be interpreted
 23 11 to exceed the scope of the authority granted in this section.
 23 12    5.  The Iowa Code editor may prepare and publish comments
 23 13 deemed necessary for a proper explanation of the manner of
 23 14 printing a section or chapter of the Iowa Code.  The Iowa Code
 23 15 editor shall maintain a record of all of the corrections made
 23 16 under subsection 1.  The Iowa Code editor and the
 23 17 administrative code editor shall also maintain a separate
 23 18 record of the changes made under this section subsection 1,
 23 19 paragraphs "b" through "h".  The record records shall be
 23 20 available to the public.
 23 21    6.  The Iowa Code editor and the administrative code editor
 23 22 shall not make editorial changes which go beyond the authority
 23 23 granted in this section or other law.
 23 24    7.  The effective date of all editorial changes in an
 23 25 edition of the Iowa Code or a Iowa Code Supplement is the
 23 26 effective date of the selling price Iowa Code editor's
 23 27 approval of the final press proofs for the statutory text
 23 28 contained within that publication as established by the
 23 29 legislative council or the legislative council's designee.
 23 30 The effective date of all editorial changes for the Iowa
 23 31 administrative code is the date those changes are published in
 23 32 the Iowa administrative code.
 23 33    Sec. 19.  Section 2B.17, subsections 3 and 5, Code 2003,
 23 34 are amended to read as follows:
 23 35    3.  The official printed versions of the Iowa Code, Code
 24  1 Supplement, and session laws Iowa Acts published under
 24  2 authority of the state are the only authoritative publications
 24  3 of the statutes of this state.  No other Other publications of
 24  4 the statutes of the state shall not be cited in the courts or
 24  5 in the reports or rules of the courts.  The Iowa Code editor
 24  6 is the custodian of the official printed versions of the Iowa
 24  7 Code, Iowa Code Supplement, and Iowa Acts and may attest to
 24  8 and authenticate any portion of those official printed
 24  9 versions for purposes of admitting a portion of the official
 24 10 printed version in any court or office of any state,
 24 11 territory, or possession of the United States or in a foreign
 24 12 jurisdiction.
 24 13    5.  The printed version of the Iowa administrative code is
 24 14 the permanent publication of administrative rules in this
 24 15 state and the Iowa administrative bulletin and the Iowa
 24 16 administrative code published pursuant to chapter 17A are the
 24 17 official publications of the administrative rules of this
 24 18 state, and are the only authoritative publications of the
 24 19 administrative rules of this state.  Other publications of the
 24 20 administrative rules of this state shall not be cited in the
 24 21 courts or in the reports or rules of the courts.  The Iowa
 24 22 administrative code editor is the custodian of the official
 24 23 printed versions of the Iowa administrative code and the Iowa
 24 24 administrative bulletin and may attest to and authenticate any
 24 25 portion of those official printed versions for purposes of
 24 26 admitting a portion of the official printed version in any
 24 27 court or office of any state, territory, or possession of the
 24 28 United States or in a foreign jurisdiction.
 24 29    Sec. 20.  Section 2B.21, Code 2003, is amended to read as
 24 30 follows:
 24 31    2B.21  AVAILABILITY OF PARTS OF THE IOWA CODE AND
 24 32 ADMINISTRATIVE CODE.
 24 33    The Iowa Code division editor and the administrative code
 24 34 division editor, in accordance with policies established by
 24 35 the legislative council, may cause parts of the Iowa Code or
 25  1 administrative code to be made available for the use of public
 25  2 officers and other persons.  This authority shall be exercised
 25  3 in a manner planned to avoid delay in the other publications
 25  4 of the divisions editors.
 25  5    Sec. 21.  Section 7D.6, Code 2003, is amended to read as
 25  6 follows:
 25  7    7D.6  REPORT FOR – OFFICIAL REGISTER.
 25  8    The secretary shall, as soon as practicable after January 1
 25  9 of each odd-numbered year, prepare a report of the proceedings
 25 10 of the executive council for the two preceding calendar years.
 25 11 Said The report shall include a statement of:
 25 12    1.  The official canvass of the votes cast at the last
 25 13 general election.
 25 14    2.  Other acts of said the council that are of general
 25 15 interest.
 25 16    Said The report shall may be published in the Iowa official
 25 17 register as provided in section 2E.5.
 25 18    Sec. 22.  Section 7E.6, subsection 7, Code 2003, is amended
 25 19 by striking the subsection.
 25 20    Sec. 23.  Section 8.22A, subsection 1, Code 2003, is
 25 21 amended to read as follows:
 25 22    1.  The state revenue estimating conference is created
 25 23 consisting of the governor or the governor's designee, the
 25 24 director of the legislative fiscal bureau services agency or
 25 25 the director's designee, and a third member agreed to by the
 25 26 other two.
 25 27    Sec. 24.  Section 9F.4, Code 2003, is amended to read as
 25 28 follows:
 25 29    9F.4  PUBLICATION IN – OFFICIAL REGISTER.
 25 30    The state printing administrator shall legislative services
 25 31 agency may publish said the federal census report and
 25 32 certificate aforesaid in full in each copy of the Iowa
 25 33 official register as provided in section 2E.5.
 25 34    Sec. 25.  Section 9F.5, Code 2003, is amended to read as
 25 35 follows:
 26  1    9F.5  EVIDENCE.
 26  2    Said The certified census records in the office of the
 26  3 secretary of state, and said authorized publications,
 26  4 including the certificates attached thereto, shall be
 26  5 competent evidence of all matters therein contained.
 26  6    Sec. 26.  Section 15A.9, subsection 11, Code 2003, is
 26  7 amended by striking the subsection.
 26  8    Sec. 27.  Section 17A.4, Code 2003, is amended by adding
 26  9 the following new subsection:
 26 10    NEW SUBSECTION.  2A.  Any notice of intended action or rule
 26 11 filed without notice pursuant to subsection 2, which
 26 12 necessitates additional annual expenditures of at least one
 26 13 hundred thousand dollars or combined expenditures of at least
 26 14 five hundred thousand dollars within five years by all
 26 15 affected persons, including the agency itself, shall be
 26 16 accompanied by a fiscal impact statement outlining the
 26 17 expenditures.  The agency shall promptly deliver a copy of the
 26 18 statement to the legislative services agency.  To the extent
 26 19 feasible, the legislative services agency shall analyze the
 26 20 statement and provide a summary of that analysis to the
 26 21 administrative rules review committee.  If the agency has made
 26 22 a good faith effort to comply with the requirements of this
 26 23 subsection, the rule shall not be invalidated on the ground
 26 24 that the contents of the statement are insufficient or
 26 25 inaccurate.
 26 26    Sec. 28.  Section 17A.6, subsection 1, unnumbered paragraph
 26 27 1, Code 2003, is amended to read as follows:
 26 28    The administrative code editor shall cause the Iowa
 26 29 administrative bulletin to be published in a printed form
 26 30 accordance with section 2.42 at least every other week, unless
 26 31 the administrative code editor and the administrative rules
 26 32 review committee determine that an alternative publication
 26 33 schedule is preferable.  An electronic version of the Iowa
 26 34 administrative bulletin may also be published as provided in
 26 35 section 2.42.  The Iowa administrative bulletin shall contain
 27  1 all of the following:
 27  2    Sec. 29.  Section 17A.6, subsections 2, 3, and 5, Code
 27  3 2003, are amended to read as follows:
 27  4    2.  Subject to the direction of the administrative rules
 27  5 coordinator, the administrative code editor shall cause the
 27  6 Iowa administrative code to be compiled, indexed, and
 27  7 published in accordance with section 2.42 in a printed loose-
 27  8 leaf form containing all rules adopted and filed by each
 27  9 agency.  The administrative code editor further shall cause
 27 10 loose-leaf supplements to the Iowa administrative code to be
 27 11 published as determined by the administrative rules
 27 12 coordinator and the administrative rules review committee,
 27 13 containing all rules filed for publication in the prior time
 27 14 period.  The supplements shall be in such form that they may
 27 15 be inserted in the appropriate places in the permanent
 27 16 compilation.  The administrative rules coordinator shall
 27 17 devise a uniform numbering system for rules and may renumber
 27 18 rules before publication to conform with the system.  An
 27 19 electronic version of the Iowa administrative code may also be
 27 20 published as provided in section 2.42.
 27 21    3.  The administrative code editor may omit or cause to be
 27 22 omitted from the Iowa administrative code or bulletin any rule
 27 23 the publication of which would be unduly cumbersome, expensive
 27 24 or otherwise inexpedient, if the rule in printed or processed
 27 25 form is made available on application to the adopting agency
 27 26 at no more than its cost of reproduction, and if the Iowa
 27 27 administrative code or bulletin contains a notice stating the
 27 28 specific subject matter of the omitted rule and stating how a
 27 29 copy of the omitted rule may be obtained.
 27 30    The administrative code editor shall omit or cause to be
 27 31 omitted from the Iowa administrative code any rule or portion
 27 32 of a rule nullified by the general assembly pursuant to
 27 33 Article III, section 40, of the Constitution of the State of
 27 34 Iowa.
 27 35    5.  The Iowa administrative code, its supplements, and the
 28  1 Iowa administrative bulletin shall be made available upon
 28  2 request to all persons who subscribe to any of them through
 28  3 the state printing division.  Copies of this code so made
 28  4 available shall be kept current by the division.
 28  5    Sec. 30.  Section 17A.8, subsection 10, Code 2003, is
 28  6 amended by striking the subsection.
 28  7    Sec. 31.  Section 18.3, subsection 3, Code 2003, is amended
 28  8 to read as follows:
 28  9    3.  Administering the provisions of sections 18.26 to
 28 10 18.103 18.100.
 28 11    Sec. 32.  Section 18.28, Code 2003, is amended to read as
 28 12 follows:
 28 13    18.28  "PRINTING" DEFINED.
 28 14    As used in chapter 7A and sections 18.26 to 18.103 18.100,
 28 15 "printing" means the reproduction of an image from a printing
 28 16 surface made generally by a contact impression that causes a
 28 17 transfer of ink, the reproduction of an impression by a
 28 18 photographic process, or the reproduction of an image by
 28 19 electronic means and shall include binding and may include
 28 20 material, processes, or operations necessary to produce a
 28 21 finished printed product, but shall not include binding,
 28 22 rebinding or repairs of books, journals, pamphlets, magazines
 28 23 and literary articles by any library of the state or any of
 28 24 its offices, departments, boards and commissions held as a
 28 25 part of their library collection.
 28 26    Sec. 33.  NEW SECTION.  18.28A  LEGISLATIVE BRANCH
 28 27 EXCLUDED.
 28 28    This chapter does not apply to the printing contracts or
 28 29 procedures of the legislative branch.
 28 30    Sec. 34.  Section 18.30, Code 2003, is amended to read as
 28 31 follows:
 28 32    18.30  CONTRACTS WITH STATE INSTITUTIONS.
 28 33    The director may, without advertising for bids, enter into
 28 34 contracts or make provision for doing any of the work coming
 28 35 under the provisions of chapter 7A and sections 18.26 to
 29  1 18.103 18.100 at any school or institution under the ownership
 29  2 or control of the state.  The work shall be done under
 29  3 conditions substantially the same as those provided for in the
 29  4 case of contracts with individuals and the same standard of
 29  5 quality or product shall be required.
 29  6    Sec. 35.  Section 18.50, Code 2003, is amended to read as
 29  7 follows:
 29  8    18.50  EMERGENCY CONTRACTS.
 29  9    The director may at any time award a separate printing
 29 10 contract or may authorize an assistant to award a separate
 29 11 printing contract for any work and materials or printing
 29 12 supplies within the provisions of chapter 7A and sections
 29 13 18.26 to 18.103 18.100 which are not included in current
 29 14 printing contracts or which cannot properly be made the
 29 15 subject of a general contract.  A separate printing contract
 29 16 must have been duly solicited by the director from vendors
 29 17 engaged in the kind of work under consideration who have
 29 18 indicated a desire to bid on the class of work to be
 29 19 performed.
 29 20    Sec. 36.  Section 18.59, subsection 5, Code 2003, is
 29 21 amended to read as follows:
 29 22    5.  To avoid duplication, overlapping, and redundancy of
 29 23 pamphlets and publications, other than legislative branch
 29 24 publications and official documents and books and publications
 29 25 authorized by chapters 2B and chapter 7A, to examine the
 29 26 contents of proposed pamphlets or publications and to approve
 29 27 or disapprove such pamphlets or publications only for such
 29 28 reason; and to effectuate this power, the director shall adopt
 29 29 rules for its administration.
 29 30    Sec. 37.  Section 18.75, subsections 6 and 8, Code 2003,
 29 31 are amended to read as follows:
 29 32    6.  Have legal custody of all Codes, session laws, books of
 29 33 annotations, tables of corresponding sections, publications,
 29 34 except premium lists published by the Iowa state fair board,
 29 35 containing reprints of statutes or administrative rules, or
 30  1 both, reports of state departments, and reports of the supreme
 30  2 court, and sell, account for, and distribute the same as
 30  3 provided by law.  However, the legislative service bureau
 30  4 shall solicit and process orders for the distribution of all
 30  5 printed Codes, session laws, administrative codes and
 30  6 bulletins, court rules, and the state roster.
 30  7    8.  By November 1 of each year supply a report which
 30  8 contains the name, gender, county, or city of residence when
 30  9 possible, official title, salary received during the previous
 30 10 fiscal year, base salary as computed on July 1 of the current
 30 11 fiscal year, and traveling and subsistence expense of the
 30 12 personnel of each of the departments, boards, and commissions
 30 13 of the state government except personnel who receive an annual
 30 14 salary of less than one thousand dollars.  The number of the
 30 15 personnel and the total amount received by them shall be shown
 30 16 for each department in the report.  All employees who have
 30 17 drawn salaries, fees, or expense allowances from more than one
 30 18 department or subdivision shall be listed separately under the
 30 19 proper departmental heading.  On the request of the
 30 20 administrator, the head of each department, board, or
 30 21 commission shall furnish the data covering that agency.  The
 30 22 report shall be distributed upon request without charge
 30 23 electronically to each caucus of the general assembly, the
 30 24 legislative service bureau, the legislative fiscal bureau
 30 25 services agency, the chief clerk of the house of
 30 26 representatives, and the secretary of the senate.  Copies of
 30 27 the report shall be made available to other persons in both
 30 28 print or electronic medium, upon payment of a fee if
 30 29 appropriate, which shall not exceed the cost of providing the
 30 30 copy of the report.  Sections 22.2 through 22.6 apply to the
 30 31 report.  All funds from the sale of the report shall be
 30 32 deposited in the general fund.  Requests for publications
 30 33 shall be handled only upon receipt of postage by the
 30 34 administrator.
 30 35    Sec. 38.  Section 22.3A, subsection 2, paragraph a, Code
 31  1 2003, is amended to read as follows:
 31  2    a.  The amount charged for access to a public record shall
 31  3 be not more than that required to recover direct publication
 31  4 costs, including but not limited to editing, compilation, and
 31  5 media production costs, incurred by the government body in
 31  6 developing the data processing software, and preparing the
 31  7 data processing software for transfer to the person.  The
 31  8 amount shall be in addition to any other fee required to be
 31  9 paid under this chapter for the examination and copying of a
 31 10 public record.  If a person accesses a public record stored in
 31 11 an electronic format that does not require formatting,
 31 12 editing, or compiling to access the public record, the charge
 31 13 for providing the accessed public record shall not exceed the
 31 14 reasonable cost of accessing that public record.  The
 31 15 government body shall, if requested, provide documentation
 31 16 which explains and justifies the amount charged.  This
 31 17 paragraph shall not apply to any publication for which a price
 31 18 has been established pursuant to another section, including
 31 19 section 7A.22 2E.5.
 31 20    Sec. 39.  Section 25B.5, Code 2003, is amended to read as
 31 21 follows:
 31 22    25B.5  COST ESTIMATES – NOTATION IN ACTS.
 31 23    1.  When a bill or joint resolution is requested, the
 31 24 legislative service bureau services agency shall make an
 31 25 initial determination of whether the bill or joint resolution
 31 26 may impose a state mandate.  If a state mandate may be
 31 27 included, that fact shall be included in the explanation of
 31 28 the bill or joint resolution.
 31 29    2.  If a bill or joint resolution may include a state
 31 30 mandate, a copy of the prepared draft shall be sent to the
 31 31 legislative fiscal bureau which services agency shall
 31 32 determine if the bill or joint resolution contains a state
 31 33 mandate.  If the bill or joint resolution contains a state
 31 34 mandate and is still eligible for consideration during the
 31 35 legislative session for which the bill or joint resolution was
 32  1 drafted, the legislative fiscal bureau services agency shall
 32  2 prepare an estimate of the amount of costs imposed.
 32  3    3.  If a bill or joint resolution containing a state
 32  4 mandate is enacted, unless the estimate already on file with
 32  5 the house of origin is sufficient, the legislative fiscal
 32  6 bureau services agency shall prepare a final estimate of
 32  7 additional local revenue expenditures required by the state
 32  8 mandate and file the estimate with the secretary of state for
 32  9 inclusion with the official copy of the bill or resolution to
 32 10 which it applies.  A notation of the filing of the estimate
 32 11 shall be made in the Iowa Acts of the general assembly
 32 12 published pursuant to chapter 2B.
 32 13    Sec. 40.  Section 97D.4, subsection 4, unnumbered paragraph
 32 14 2, Code 2003, is amended to read as follows:
 32 15    Administrative assistance shall be provided by the
 32 16 legislative service bureau and the legislative fiscal bureau
 32 17 services agency.
 32 18    Sec. 41.  Section 256.53, Code 2003, is amended to read as
 32 19 follows:
 32 20    256.53  STATE PUBLICATIONS.
 32 21    Upon issuance of a state publication in any format, a state
 32 22 agency shall deposit with the division at no cost to the
 32 23 division, seventy-five copies of the publication or a lesser
 32 24 number if specified by the division, except as provided in
 32 25 section 2E.6.
 32 26    Sec. 42.  Section 331.502, subsection 3, Code 2003, is
 32 27 amended by striking the subsection.
 32 28    Sec. 43.  Section 602.1204, subsection 3, Code 2003, is
 32 29 amended to read as follows:
 32 30    3.  The supreme court shall compile and publish all
 32 31 procedures and directives relating to the supervision and
 32 32 administration of the internal affairs of the judicial branch,
 32 33 and shall distribute a copy of the compilation and all
 32 34 amendments to each operating component of the judicial branch.
 32 35 Copies also shall be distributed to agencies referred to in
 33  1 section 18.97 upon request.
 33  2    Sec. 44.  Sections 2.14, 2.16, 2.35, 2.45, 2.61, 2D.3, 3.2,
 33  3 7A.11, 15E.111, 23A.2A, 28B.1, 28B.4, 42.2, 42.3, 42.6, 49.7,
 33  4 275.23A, 331.209, and 602.4202, Code 2003, are amended by
 33  5 striking from the sections the words "legislative service
 33  6 bureau" and "bureau" when referring to the legislative service
 33  7 bureau and inserting in lieu thereof the words "legislative
 33  8 services agency".
 33  9    Sec. 45.  Sections 2.46, 2.51, 2B.10, 7E.5A, 8.23, 8.35A,
 33 10 8.44, 8.46, 8.55, 8.61, 8.62, 8E.209, 8E.301, 12E.13, 14B.103,
 33 11 14B.105, 14B.206, 15.113, 15.343, 18.16A, 18.16B, 80E.1,
 33 12 97B.17, 135.11, 161D.8, 161D.13, 217.12, 237.18, 255.24A,
 33 13 260C.66, 261.22, 261.25, 262.64A, 262A.13, 263A.11, 263A.13,
 33 14 266.39D, 266.39F, 292.2, 294A.19, 307.20, 307.40, 307.46,
 33 15 307.47, 327J.3, 384.3, 403.23, 404A.5, 421.17, 422.72,
 33 16 455B.183A, 455G.4, 505.7, 524.207, 533.67, 602.1301, 602.1302,
 33 17 602.8108, 904.116, 904.706, 905.6, 905.8, and 906.5, Code
 33 18 2003, are amended by striking from the sections the words
 33 19 "legislative fiscal bureau" and inserting in lieu thereof the
 33 20 words "legislative services agency".
 33 21    Sec. 46.  CODE EDITOR'S DIRECTIVE.  The Code editor shall
 33 22 correct any references to the legislative services agency as
 33 23 the successor to the legislative service bureau, legislative
 33 24 fiscal bureau, and computer support bureau, including
 33 25 grammatical constructions, anywhere else in the Iowa Code, in
 33 26 any bills awaiting codification, and in any bills enacted by
 33 27 the Eightieth General Assembly, 2003 Regular Session.
 33 28    Sec. 47.  Sections 2.48, 2.49, 2.50, 2.52, 2.55, 2.55A,
 33 29 2.58, 2.59, 2.60, 2.64, 2.65, 2.66, 2.67, 2.100, 2.101, 2.102,
 33 30 2.103, 2.104, 7A.15, 7A.16, 7A.17, 7A.18, 7A.19, 7A.20, 7A.21,
 33 31 7A.22, 7A.25, 7A.26, 9.6, 18.86, 18.87, 18.88, 18.89, 18.90,
 33 32 18.95, 18.96, 18.97, 18.97A, 18.101, 18.102, and 18.103, Code
 33 33 2003, are repealed.
 33 34    Sec. 48.  PREVAILING PROVISIONS.  The provisions of this
 33 35 Act regarding the publication and distribution of the Iowa
 34  1 official register shall prevail over any conflicting
 34  2 provisions of any other Act enacted by the Eightieth General
 34  3 Assembly, 2003 Regular Session.
 34  4    Sec. 49.  EFFECTIVE DATE.  This Act, being deemed of
 34  5 immediate importance, takes effect upon enactment.  
 34  6 
 34  7 
 34  8                                                             
 34  9                               CHRISTOPHER C. RANTS
 34 10                               Speaker of the House
 34 11 
 34 12 
 34 13                                                             
 34 14                               MARY E. KRAMER
 34 15                               President of the Senate
 34 16 
 34 17    I hereby certify that this bill originated in the House and
 34 18 is known as House File 636, Eightieth General Assembly.
 34 19 
 34 20 
 34 21                                                             
 34 22                               MARGARET THOMSON
 34 23                               Chief Clerk of the House
 34 24 Approved                , 2003
 34 25 
 34 26 
 34 27                            
 34 28 THOMAS J. VILSACK
 34 29 Governor
     
Text: HF00635                           Text: HF00637
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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