Text: HSB00239 Text: HSB00241 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 2E.1 LEGISLATIVE SERVICES AGENCY 1 2 CREATED – SERVICES – LEGISLATIVE PRIVILEGES – 1 3 NONPARTISANSHIP AND NONADVOCACY. 1 4 1. A legislative services agency is created as a 1 5 nonpartisan, central legislative staff agency under the 1 6 direction and control of the legislative council. The agency 1 7 shall cooperate with and serve all members of the general 1 8 assembly, the legislative council, and committees of the 1 9 general assembly. 1 10 2. The legislative services agency shall provide the 1 11 following services: 1 12 a. Legal and fiscal analysis, including legal drafting 1 13 services, fiscal analysis of legislation, and state 1 14 expenditure, revenue, and budget review. 1 15 b. State government oversight and performance evaluation. 1 16 c. Staffing of standing committees, revenue and budget 1 17 committees, statutory committees, and interim study 1 18 committees, and any subcommittees of such committees, 1 19 including the provision of legal and fiscal analysis to 1 20 committees and subcommittees. 1 21 d. Publication of the official legal publications of the 1 22 state, including but not limited to the Iowa Code, Iowa Code 1 23 Supplement, Iowa Acts, Iowa court rules, Iowa administrative 1 24 bulletin, and Iowa administrative code as provided in chapter 1 25 2B. 1 26 e. Operation and maintenance of the legislative computer 1 27 systems used by the senate, house of representatives, and the 1 28 central legislative staff agencies. 1 29 f. Provision of legislative information to the public, 1 30 provision of library information, management of legislative 1 31 visitor protocol services, and provision of capitol tour guide 1 32 services. 1 33 g. Other functions as assigned to the legislative services 1 34 agency by the legislative council or the general assembly. 1 35 3. The legislative services agency shall provide services 2 1 to the general assembly in such a manner as to preserve the 2 2 authority of the senate and the house of representatives to 2 3 determine their own rules of proceedings and to exercise all 2 4 other powers necessary for a separate branch of the general 2 5 assembly of a free and independent state, and to protect the 2 6 legislative privileges of the members and employees of the 2 7 general assembly. In providing services to the general 2 8 assembly, the legislative services agency shall adhere to all 2 9 applicable policies of the general assembly and its 2 10 constituent bodies relating to public access to legislative 2 11 information and related confidentiality restrictions. 2 12 4. The director and all other employees of the legislative 2 13 services agency shall not participate in partisan political 2 14 activities and shall not be identified as advocates or 2 15 opponents of issues subject to legislative debate except as 2 16 otherwise provided by law or by the legislative council. 2 17 Sec. 2. NEW SECTION. 2E.2 DIRECTOR – DUTIES. 2 18 1. The administrative head of the legislative services 2 19 agency shall be the director appointed by the legislative 2 20 council as provided in section 2.42. The salary of the 2 21 director shall be set by the legislative council. 2 22 2. The director shall do all of the following: 2 23 a. Employ persons with expertise to perform the legal, 2 24 fiscal, technical, and other functions which are required to 2 25 be performed by the legislative services agency by this 2 26 chapter or are assigned to the legislative services agency by 2 27 the legislative council or the general assembly. 2 28 b. Supervise all employees of the legislative services 2 29 agency, including the legal counsel designated to provide 2 30 legal assistance to the administrative rules review committee, 2 31 and supervise any outside service providers retained by the 2 32 legislative services agency. 2 33 c. Supervise all expenditures of the agency. 2 34 d. Supervise the legal and fiscal analysis and legal 2 35 publication functions of the agency. 3 1 e. Supervise the government oversight and program 3 2 evaluation functions of the agency. 3 3 f. Supervise the committee staffing functions of the 3 4 agency. 3 5 g. Supervise the computer systems services functions of 3 6 the agency. 3 7 h. Supervise the legislative and library information, 3 8 legislative visitor protocol, and capitol tour guide functions 3 9 of the agency. 3 10 i. Perform other functions as assigned to the director by 3 11 the legislative council or the general assembly. 3 12 Sec. 3. NEW SECTION. 2E.3 INFORMATION ACCESS – 3 13 CONFIDENTIALITY – SUBPOENAS. 3 14 1. a. The director and agents and employees of the 3 15 legislative services agency, with respect to the agency's 3 16 provision of services relating to fiscal analysis of 3 17 legislation, state expenditure, revenue, and budget review, 3 18 state government oversight and performance evaluation, and 3 19 staffing of revenue and budget committees, shall at all times 3 20 have access to all agencies, offices, boards, and commissions 3 21 of the state and its political subdivisions and private 3 22 organizations providing services to individuals under 3 23 contracts with state agencies, offices, boards, or commissions 3 24 and to the information, records, instrumentalities, and 3 25 properties used in the performance of such entities' statutory 3 26 duties or contractual arrangements. All such entities and the 3 27 described private organizations shall cooperate with the 3 28 director, and shall make available to the director such 3 29 information, records, instrumentalities, and properties upon 3 30 request. 3 31 b. If the information sought by the legislative services 3 32 agency, with respect to the agency's provision of services 3 33 described in paragraph "a", is required by law to be kept 3 34 confidential, the agency shall have access to the information, 3 35 but shall maintain the confidentiality of the information and 4 1 is subject to the same penalties as the lawful custodian of 4 2 the information for dissemination of the information. 4 3 However, the legislative services agency shall not have access 4 4 to tax return information except for individual income tax 4 5 sample data as provided in section 422.72, subsection 1. 4 6 c. The director may issue subpoenas for production of any 4 7 information, records, instrumentalities, or properties to 4 8 which the director is authorized to have access under 4 9 paragraph "a". If any person subpoenaed refuses to produce 4 10 the information, records, instrumentalities, or properties, 4 11 the director may apply to the district court having 4 12 jurisdiction over that person for the enforcement of the 4 13 subpoena. 4 14 2. The director and agents and employees of the 4 15 legislative services agency, with respect to the agency's 4 16 provision of services relating to legal analysis, drafting, 4 17 and publications, staffing of subject matter standing and 4 18 statutory committees, and provision of legislative information 4 19 to the public, may call upon any agency, office, board, or 4 20 commission of the state or any of its political subdivisions 4 21 or private organizations providing services to individuals 4 22 under contracts with a state agency, office, board, or 4 23 commission for such information and assistance as may be 4 24 needed in the provision of services described in this 4 25 subsection. Such information and assistance shall be 4 26 furnished within the resources and authority of such agency, 4 27 office, board, or commission. This requirement of furnishing 4 28 such information and assistance shall not be construed to 4 29 require the production or opening of any public records which 4 30 are required by law to be kept private or confidential. 4 31 3. The director, an agent or former agent, and an employee 4 32 or former employee of the legislative services agency shall 4 33 not be compelled to give testimony or to appear and produce 4 34 documentary evidence in a judicial or quasi-judicial 4 35 proceeding if the testimony or documentary evidence sought 5 1 relates to a legislative duty or act performed by the 5 2 director, agent, or employee. An order or subpoena purporting 5 3 to compel testimony or the production of documentary evidence 5 4 protected under this subsection is unenforceable. 5 5 Sec. 4. NEW SECTION. 2E.4 SPECIFIC SERVICES – PUBLIC 5 6 POLICY RECOMMENDATIONS RESTRICTED. 5 7 The legislative services agency shall provide the following 5 8 specific services: 5 9 1. Preparation of legal and legislative analysis of any 5 10 governmental matter upon the proper request of members and 5 11 committees of the general assembly. Such analysis shall not 5 12 contain any public policy recommendations. Such legal 5 13 analysis shall be provided through the exercise of an 5 14 attorney-employee's independent, professional judgment. 5 15 2. Drafting and preparation of legislation, including 5 16 bills, resolutions, and amendments, for committees and 5 17 individual members of the general assembly; proposed bills and 5 18 joint resolutions for state agencies and the governor in 5 19 accordance with section 2.16; and bills embodying a plan of 5 20 legislative and congressional redistricting prepared in 5 21 accordance with chapter 42. 5 22 3. Fiscal analysis of legislation, and state expenditure, 5 23 revenue, and budget review. The director of the agency or the 5 24 director's designee may make recommendations to the general 5 25 assembly concerning the state's expenditures and revenues. 5 26 4. Attendance at the budget hearings required by section 5 27 8.26. The director of the agency may offer explanations or 5 28 suggestions and make inquiries with respect to such budget 5 29 hearings. 5 30 5. Assistance to standing committees and members of the 5 31 general assembly in attaching fiscal notes to bills and 5 32 resolutions as provided by the rules of the general assembly. 5 33 6. Performance of the duties pertaining to the preparation 5 34 of correctional impact statements as provided in section 2.56. 5 35 7. Furnishing information, acting in an advisory capacity, 6 1 providing staffing services, and reporting to standing, 6 2 statutory, and interim committees of the general assembly. 6 3 8. Provision of staffing services including but not 6 4 limited to preparation of legal and legislative analysis for 6 5 the administrative rules review committee. 6 6 9. Preparation of legal and legislative analysis for the 6 7 legislative council with respect to rules and forms submitted 6 8 by the supreme court to the legislative council pursuant to 6 9 section 602.4202. 6 10 10. Review and oversight of state program operations and 6 11 program evaluation of state agencies, including compliance, 6 12 efficiency, and effectiveness determinations, as required by 6 13 section 2E.7. 6 14 11. Provision of legislative computer systems services to 6 15 the senate, house of representatives, and central legislative 6 16 staff agencies, and provision of advice regarding legislative 6 17 computer systems services, needs, capabilities, and uses to 6 18 the legislative council and the general assembly. 6 19 Sec. 5. NEW SECTION. 2E.5 OFFICIAL LEGAL AND OTHER 6 20 PUBLICATIONS – PROCUREMENTS. 6 21 1. The legislative services agency shall publish the 6 22 official legal publications of the state as provided in 6 23 chapter 2B. The legislative services agency shall have legal 6 24 custody of the publications and shall provide for the 6 25 warehousing, sale, and distribution of the publications. The 6 26 legislative services agency shall retain or cause to be 6 27 retained a number of old editions of the publications but may 6 28 otherwise distribute or cause to be distributed old editions 6 29 of the publications to any person upon payment by the person 6 30 of any distribution costs. 6 31 2. The printed versions of the publications listed in this 6 32 subsection shall be sold at a price to be established by the 6 33 legislative services agency. In determining the prices, the 6 34 legislative services agency shall consider the costs of 6 35 printing, binding, distribution, and paper stock, compilation 7 1 and editing labor costs, and any other associated costs. The 7 2 legislative services agency shall also consider the number of 7 3 volumes or units to be printed, sold, and distributed in the 7 4 determination of the prices. 7 5 a. The Iowa Code. 7 6 b. The Iowa Code Supplement. 7 7 c. The Iowa Acts. 7 8 d. The Iowa court rules. 7 9 e. The Iowa administrative code. 7 10 f. The Iowa administrative bulletin. 7 11 3. The legislative services agency may establish policies 7 12 for the production, editing, distribution, and pricing of 7 13 electronic publications containing information stored by the 7 14 legislative branch in an electronic format, including 7 15 information contained in the printed publications listed in 7 16 this section. Such electronic publications may include 7 17 programming not originally part of the stored information, 7 18 including but not limited to search and retrieval functions. 7 19 The policies shall provide for the widest possible 7 20 distribution of these value-added electronic publications at 7 21 the lowest price practicable, which shall not be more than the 7 22 costs attributable to producing, editing, and distributing the 7 23 electronic publications. 7 24 4. Subject to section 2.42, the legislative services 7 25 agency shall determine its procurement procedures, which may 7 26 include procurement determinations based on service provider 7 27 competence, meeting of service or product specifications, and 7 28 reasonableness of price; the posting of security to accompany 7 29 a service provider proposal; the preference of Iowa-based 7 30 businesses if comparable in price; the disclosure of service 7 31 provider assignments; the inclusion of renewal options; the 7 32 imposition of liquidated damages and other penalties for 7 33 breach of any service provider requirement; and the rejection 7 34 of all service provider proposals and institution of a new 7 35 procurement process. 8 1 Sec. 6. NEW SECTION. 2E.6 SPECIAL DISTRIBUTION OF LEGAL 8 2 PUBLICATIONS – RESTRICTIONS ON FREE DISTRIBUTIONS. 8 3 1. The legislative services agency shall make free 8 4 distribution of the printed versions of the official legal 8 5 publications listed in section 2E.5, subsection 2, subject to 8 6 payment of any routine distribution costs such as but not 8 7 limited to mailing and handling costs, to the three branches 8 8 of state government, to elected county officers, to county and 8 9 city assessors, to Iowa's congressional delegation, to federal 8 10 courts in Iowa and federal judges and magistrates for Iowa, 8 11 and to state and university depository libraries, the library 8 12 of congress, and the library of the United States supreme 8 13 court. Only such officers, offices, and agencies entitled to 8 14 or receiving free copies during the fiscal year beginning July 8 15 1, 2002, and ending June 30, 2003, shall be entitled to 8 16 continue to receive free copies in subsequent years, except 8 17 that successor and new officers, offices, and agencies shall 8 18 receive a reasonable number of free copies as determined by 8 19 the legislative services agency. Such officers, offices, and 8 20 agencies shall annually review the number of copies received 8 21 in the prior year to determine if the number of copies 8 22 received can be reduced and shall submit the information in a 8 23 report to the legislative services agency. The number of 8 24 copies received, once reduced, shall not be increased to the 8 25 previous level without the express consent of the legislative 8 26 services agency. 8 27 2. Each officer, office, or agency receiving one or more 8 28 free copies of a publication under this section shall only 8 29 receive up to the number of copies indicated free at the time 8 30 of initial distribution. If an officer, office, or agency 8 31 receiving one or more free copies of a publication under this 8 32 section desires additional copies beyond the number initially 8 33 received, the officer, office, or agency must request the 8 34 additional copies and pay the normal charge for such 8 35 publication. 9 1 3. If a version of a publication provided under this 9 2 section is available in an electronic format, the legislative 9 3 services agency may establish policies providing for the 9 4 substitution of an electronic version for the printed version 9 5 of the publication, and for the amount of payment, if any, 9 6 required for the electronic publication. The payment amount 9 7 shall not be more than established pursuant to section 2E.5 9 8 for the same publication. For the Iowa administrative code 9 9 and its supplements, the legislative services agency may 9 10 provide that the distribution requirement of this section is 9 11 met by distributing relevant portions of the Iowa 9 12 administrative code or its supplements in either a printed or 9 13 electronic format. 9 14 4. Notwithstanding any provision of this section to the 9 15 contrary, the legislative services agency may review the 9 16 publication costs and offsetting sales revenues relating to 9 17 legal publications in printed formats, and may establish 9 18 policies requiring payment from persons otherwise entitled to 9 19 receive them at no cost or at a price covering distribution 9 20 costs pursuant to subsection 1. The payment amount shall not 9 21 be more than established pursuant to section 2E.5 for the same 9 22 publication. 9 23 Sec. 7. NEW SECTION. 2E.7 STATE GOVERNMENT OVERSIGHT AND 9 24 PROGRAM EVALUATION. 9 25 1. The general assembly shall independently and 9 26 intensively review and oversee the performance of state 9 27 agencies in the operation of state programs to evaluate the 9 28 efficiency and effectiveness of the state programs and to 9 29 consider alternatives which may improve the benefits of such 9 30 programs or may reduce their costs to the citizens of the 9 31 state. The legislative services agency shall provide the 9 32 technical and professional support for the general assembly's 9 33 oversight responsibility. 9 34 2. The general assembly by concurrent resolution or the 9 35 legislative council may direct the legislative services agency 10 1 to conduct a program evaluation of any state agency. Upon the 10 2 passage of the concurrent resolution or receiving the 10 3 direction of the legislative council, the director of the 10 4 legislative services agency shall inform the chairpersons of 10 5 the committees responsible for appropriations of the 10 6 anticipated cost of the program evaluation and the number and 10 7 nature of any additional personnel needed to conduct the 10 8 program evaluation and shall notify the official responsible 10 9 for the program to be evaluated. The director, after 10 10 consulting with the responsible official and the entity 10 11 requesting the program evaluation, shall determine the goals 10 12 and objectives of the state agency or state program for the 10 13 purpose of the program evaluation. 10 14 3. In conducting the program evaluation, the legislative 10 15 services agency may make certain determinations including but 10 16 not limited to the following: 10 17 a. The organizational framework of the state agency, its 10 18 adequacy and relationship to the overall structure of state 10 19 government, and whether the program under the agency's 10 20 jurisdiction could be more effective if consolidated with 10 21 another program, transferred to another program, or modified, 10 22 or whether the program should be abolished. 10 23 b. Whether the state agency is conducting programs and 10 24 activities and expending funds appropriated to the state 10 25 agency in compliance with state and federal law and any 10 26 executive order of the governor, and whether statutory or 10 27 administrative rule changes are advisable. 10 28 c. Whether the state agency is conducting authorized 10 29 activities and programs pursuant to goals and objectives 10 30 established by statute or rule, specific legislative intent, 10 31 the budget, the governor, or a strategic or other long-range 10 32 plan, and whether alternatives which might produce the desired 10 33 results at a lower cost have been considered. 10 34 d. Whether the state agency is conducting programs and 10 35 activities and expending funds appropriated to the state 11 1 agency in an efficient and effective manner, has complied with 11 2 all applicable laws, and, if not, determine the causes for 11 3 such inefficiency, ineffectiveness, or noncompliance. 11 4 e. Relationships within and among other governmental 11 5 agencies and programs including financial exchanges, 11 6 coordination, inconsistent programs, and areas of duplication 11 7 or overlapping programs. 11 8 f. The productivity of the state agency's operations 11 9 measured in terms of cost-benefit relationships or other 11 10 accepted measures of effectiveness. 11 11 g. Other criteria determined by the director. 11 12 4. Upon the completion of the program evaluation and 11 13 preparation of a report on the evaluation, the legislative 11 14 services agency shall provide a copy of the report to the 11 15 governing official or board of the state agency and afford the 11 16 state agency a reasonable opportunity to respond to the 11 17 findings and recommendations of the report. The response 11 18 shall be included in the final version of the report released 11 19 to the general assembly or the legislative council. Until its 11 20 release the report shall be regarded as confidential by all 11 21 persons properly having custody of the report. 11 22 Sec. 8. NEW SECTION. 2E.8 SALES – TAX EXEMPTION. 11 23 1. The legislative services agency and its legislative 11 24 information office may sell mementos and other items relating 11 25 to Iowa history and historic sites, the general assembly, and 11 26 the state capitol, on the premises of property under the 11 27 control of the legislative council, at the state capitol, and 11 28 on other state property. 11 29 2. The legislative services agency is not a retailer under 11 30 chapter 422 and the sale of items or provision of services by 11 31 the legislative services agency is not a retail sale under 11 32 chapter 422, division IV, and is exempt from the sales tax. 11 33 Sec. 9. Section 2.9, Code 2003, is amended to read as 11 34 follows: 11 35 2.9 JOURNALS – BILLS AND AMENDMENTS. 12 1 1. a. The senate and house of representatives shall each 12 2 publish a daily journal of the transactions of their 12 3 respective bodies. The secretary of the senate and the chief 12 4 clerk of the house shall each determine the format and manner 12 5 of the journal's publication, the procurement procedures for 12 6 the journal's publication, and the journal's distribution for 12 7 their respective bodies. 12 8 b. The secretary of the senate and the clerk of the house 12 9 of representatives shall each preserve copies of the printed 12 10 daily journals of their respective bodies, as corrected, 12 11 certify to their correctness, and file them with the secretary 12 12 of state at the adjournment of each session of the general 12 13 assembly. The secretary of state shallcause the journals to12 14be bound and preserved aspreserve the original journals of 12 15 the senate and the house in the manner specified by the 12 16 majority leader of the senate and speaker of the house. 12 17 2. a. The senate and house of representatives shall each 12 18 publish bills and amendments of their respective bodies. The 12 19 secretary of the senate and the chief clerk of the house shall 12 20 each determine the procurement procedures for the publication 12 21 of the bills and amendments and the distribution of the bills 12 22 and amendments for their respective bodies. 12 23 b. A bill that seeks to legalize the acts of any official 12 24 or board or other official body, in regard to any matter of 12 25 public nature or for any person or persons, company, or 12 26 corporation, shall not be considered by the senate or house of 12 27 representatives until the bill is published and distributed to 12 28 members of the general assembly, and the publication shall be 12 29 without expense to the state. The senate and house shall not 12 30 order any such bill published until the secretary of the 12 31 senate or chief clerk of the house has received a deposit to 12 32 cover the cost of the publication. The newspaper publication 12 33 of such bill shall be without expense to the state, and the 12 34 bill shall not be published in a newspaper until the costs of 12 35 the newspaper publication has been paid to the secretary of 13 1 state. 13 2 Sec. 10. Section 2.42, subsections 1, 2, 11, 12, 13, 14, 13 3 15, 16, 18, and 19, Code 2003, are amended to read as follows: 13 4 1. To establish policies for the operation of the 13 5 legislativeservice bureau, including the priority to be given13 6to research requests and the distribution of research reports13 7 services agency. 13 8 2. To appoint the director of the legislativeservice13 9bureauservices agency for such term of office as may be set 13 10 by the council. 13 11 11. To approve the appointment of the Iowa Code editor and 13 12 the administrative code editorand establish the salaries of13 13the persons employed in that office. 13 14 12. To establish policies for the distribution of 13 15 information which is stored by the general assembly in an 13 16 electronic format, including the contents of statutes or 13 17 rules, other than value-added electronic publications as 13 18 provided in section7A.222E.5. The legislative council shall 13 19 establish payment rates that encourage the distribution of 13 20 such information to the public, including private vendors 13 21 reselling that information. The legislative council shall not 13 22 establish a price that attempts to recover more than is 13 23 attributable to costs related to reproducing and delivering 13 24 the information. 13 25 13. To establish policies with regard to the publishing of 13 26 printed and electronic versions of the Iowa administrative 13 27 code, the Iowa administrative bulletin, the Iowa Code, the 13 28 Iowa Code Supplement, and thesession lawsIowa Acts, or any 13 29 part of those publications. The publishing policies may 13 30 include, but are not limited to: the style and format to be 13 31 used; the frequency of publication; the contents of the 13 32 publications; the numbering system to be used in the Iowa 13 33 Code, the Iowa Code Supplement, and thesession lawsIowa 13 34 Acts; the preparation of editorial comments or notations; the 13 35 correction of errors; the type of print or electronic media 14 1 and data processing software to be used; the number of printed 14 2 volumes to be published; recommended revisions of the Iowa 14 3 Code, the Iowa Code Supplement, and thesession lawsIowa 14 4 Acts; the letting of contracts for the publication of the Iowa 14 5 administrative code, the Iowa administrative bulletin, the 14 6 Iowa court rules, the Iowa Code, the Iowa Code Supplement, and 14 7session lawsthe Iowa Acts; the pricing of the publications to 14 8 which section 22.3 does not apply; access to, and the use, 14 9 reproduction, legal protection, sale or distribution, and 14 10 pricing of related data processing software consistent with 14 11 chapter 22; and any other matters deemed necessary to the 14 12 publication of uniform and understandable publications. 14 1314. To establish policies for the operation of the14 14legislative fiscal bureau.14 1515. To appoint the director of the legislative fiscal14 16bureau for such term of office as may be set by the council.14 17 16. To hear and act upon appeals of aggrieved employees of 14 18 the legislativeservice bureau, legislative fiscal bureau,14 19computer support bureau,services agency and the office of the 14 20 citizens' aide pursuant to rules of procedure established by 14 21 the council. 14 2218. To establish policies for the operation of the14 23computer support bureau.14 2419. To appoint the director of the computer support bureau14 25for a term of office set by the council.14 26 Sec. 11. Section 2.45, subsection 2, Code 2003, is amended 14 27 to read as follows: 14 28 2. The legislative fiscal committee, composed of the 14 29 chairpersons or their designated committee member and the 14 30 ranking minority party members or their designated committee 14 31 member of the committees of the house and senate responsible 14 32 for developing a state budget and appropriating funds, the 14 33 chairpersons or their designated committee member and the 14 34 ranking minority party members or their designated committee 14 35 member of the committees on ways and means, and two members, 15 1 one appointed from the majority party of the senate by the 15 2 majority leader of the senate and one appointed from the 15 3 majority party of the house by the speaker of the house of 15 4 representatives. In each house, unless one of the members who 15 5 represent the committee on ways and means is also a member of 15 6 the legislative council, the person appointed from the 15 7 membership of the majority party in that house shall also be 15 8 appointed from the membership of the legislative council.The15 9legislative fiscal committee shall determine policies for the15 10legislative fiscal bureau and shall direct the administration15 11of performance audits and visitations, subject to the approval15 12of the legislative council.15 13 Sec. 12. Section 2.56, Code 2003, is amended to read as 15 14 follows: 15 15 2.56 CORRECTIONAL IMPACT STATEMENTS. 15 16 1. Prior to debate on the floor of a chamber of the 15 17 general assembly, a correctional impact statement shall be 15 18 attached to any bill, joint resolution, or amendment which 15 19 proposes a change in the law which creates a public offense, 15 20 significantly changes an existing public offense or the 15 21 penalty for an existing offense, or changes existing 15 22 sentencing, parole, or probation procedures. The statement 15 23 shall include information concerning the estimated number of 15 24 criminal cases per year that the legislation will impact, the 15 25 fiscal impact of confining persons pursuant to the 15 26 legislation, the impact of the legislation upon existing 15 27 correctional institutions, community-based correctional 15 28 facilities and services, and jails, the likelihood that the 15 29 legislation may create a need for additional prison capacity, 15 30 and other relevant matters. The statement shall be factual 15 31 and shall, if possible, provide a reasonable estimate of both 15 32 the immediate effect and the long-range impact upon prison 15 33 capacity. 15 342. a. The preliminary determination of whether a bill,15 35joint resolution, or amendment appears to require a16 1correctional impact statement shall be made by the legislative16 2service bureau, which shall send a copy of the bill, joint16 3resolution, or amendment, upon completion of the draft, to the16 4legislative fiscal director for review, unless the requestor16 5specifies the request is to be confidential.16 6b.2. a. When a committee of the general assembly reports 16 7 a bill, joint resolution, or amendment to the floor, the 16 8 committee shall state in the report whether a correctional 16 9 impact statement is or is not required. 16 10c.b. The legislativefiscal directorservices agency 16 11 shall review all bills and joint resolutions placed on the 16 12 calendar of either chamber of the general assembly, as well as 16 13 amendments filed to bills or joint resolutions on the 16 14 calendar, to determine whether a correctional impact statement 16 15 is required. 16 16d.c. A member of the general assembly may request the 16 17 preparation of a correctional impact statement by submitting a 16 18 request to the legislativefiscal bureauservices agency. 16 19 3. The legislativefiscal directorservices agency shall 16 20 cause to be preparedand shall approvea correctional impact 16 21 statement within a reasonable time after receiving a request 16 22 or determining that a proposal is subject to this section. 16 23 All correctional impact statements approved by the legislative 16 24fiscal directorservices agency shall be transmitted 16 25 immediately to either the chief clerk of the house or the 16 26 secretary of the senate, after notifying the sponsor of the 16 27 legislation that the statement has been prepared,for 16 28 publicationin the daily clip sheet. The chief clerk of the 16 29 house or the secretary of the senate shall attach the 16 30 statement to the bill, joint resolution, or amendment affected 16 31 as soon as it is available. 16 32 4. The legislativefiscal directorservices agency may 16 33 request the cooperation of any state department or agency or 16 34 political subdivision in preparing a correctional impact 16 35 statement. 17 1 5. A revised correctional impact statement shall be 17 2 prepared if the correctional impact has been changed by the 17 3 adoption of an amendment, and may be requested by a member of 17 4 the general assembly or be prepared upon a determination made 17 5 by the legislativefiscal directorservices agency. However, 17 6 a request for a revised correctional impact statement shall 17 7 not delay action on the bill, joint resolution, or amendment 17 8 unless so ordered by the presiding officer of the chamber. 17 9 Sec. 13. Section 2B.1, Code 2003, is amended to read as 17 10 follows: 17 11 2B.1 IOWA CODE AND ADMINISTRATIVE CODEDIVISIONS –17 12 EDITORS. 17 131. The Iowa Code and administrative code divisions are17 14established within the legislative service bureau.17 152.1. The director of the legislativeservice bureau17 16 services agency shall appoint the Iowa Code editor and the 17 17 administrative code editor, subject to the approval of the 17 18 legislative council, as provided in section 2.42. The Iowa 17 19 Code editor and the administrative code editor shall serveas17 20the heads of their respective divisions,at the pleasure of 17 21 the director of the legislativeservice bureau, and subject to17 22the approval of the legislative councilservices agency. 17 233.2. The Iowa Code and administrative codedivisions17 24 editors are responsible for the editing, compiling, and 17 25 proofreading of the publications they prepare, as provided in 17 26 this chapter. The Iowa Codedivisioneditor is entitled to 17 27 the temporary possession of the original enrolled Acts and 17 28 resolutions as necessary to prepare them for publication. 17 29 Sec. 14. Section 2B.5, Code 2003, is amended to read as 17 30 follows: 17 31 2B.5 DUTIES OF ADMINISTRATIVE CODEDIVISIONEDITOR. 17 32 The administrative codedivisioneditor shall: 17 33 1. Cause the Iowa administrative bulletin and the Iowa 17 34 administrative code to be published as provided in chapter 17 35 17A. 18 1 2. Cause the Iowa court rules to be published and 18 2 distributed, as directed by the supreme court after 18 3 consultation with the legislative council. The Iowa court 18 4 rules shall consist of all rules prescribed by the supreme 18 5 court.The court rules shall be published in loose-leaf form18 6and supplements shall be prepared and distributed as directed18 7by the supreme court.The Iowa court rules and supplements to 18 8 the court rules shall be priced as provided in section7A.2218 9 2E.5. 18 10 3. Cause to be published annuallyin pamphlet forma 18 11 correct list of state officers and deputies, members of boards 18 12 and commissions,judgesjustices of the supreme court, 18 13appellatejudges of the court of appeals, and judges of the 18 14 district courts including district associate judges and 18 15 judicial magistrates, and members of the general assembly. 18 16 The offices of the governor and secretary of state shall 18 17 cooperate in the preparation of the list.This pamphlet shall18 18be published as soon after July 1 as it becomes apparent that18 19it will be reasonably current.18 20 4. Notify the administrative rules coordinator if a rule 18 21 is not in proper style or form. 18 22 5. Perform other duties as directed by the director of the 18 23 legislativeservice bureauservices agency, the legislative 18 24 council, or the administrative rules review committee and as 18 25 provided by law. 18 26 Sec. 15. Section 2B.6, Code 2003, is amended to read as 18 27 follows: 18 28 2B.6 DUTIES OF IOWA CODEDIVISIONEDITOR. 18 29 The Iowa Codedivisioneditor shall: 18 30 1. Submit recommendations as the Iowa Code editor deems 18 31 proper to each general assembly for the purpose of amending, 18 32 revising, codifying, and repealing portions of the statutes 18 33 which are inaccurate, inconsistent, outdated, conflicting, 18 34 redundant, or ambiguous, and present the recommendations in 18 35 bill form to the appropriate committees of the general 19 1 assembly. 19 2 2. Cause the annualsession lawsIowa Acts to be 19 3 published, as provided in section 2B.10, including copies of 19 4 all Acts and joint resolutions passed at each session of the 19 5 general assembly. 19 6 3. Cause the Iowa Code and Iowa Code Supplement to be 19 7 published as provided in section 2B.12. 19 8 4. Perform other duties as directed by the director of the 19 9 legislativeservice bureauservices agency or the legislative 19 10 council and as provided by law. 19 11 Sec. 16. Section 2B.10, subsection 5, Code 2003, is 19 12 amended to read as follows: 19 13 5. The enrolling clerks of the house and senate shall 19 14 arrange for the Iowa Codedivisioneditor to receive suitable 19 15 copies of all Acts and resolutions as soon as they are 19 16 enrolled. 19 17 Sec. 17. Section 2B.12, subsection 6, paragraph f, Code 19 18 2003, is amended to read as follows: 19 19 f. The Constitution of the State of Iowa, original and 19 20 codified versions. 19 21 Sec. 18. Section 2B.13, Code 2003, is amended to read as 19 22 follows: 19 23 2B.13 EDITORIAL POWERS AND DUTIES. 19 24 1. The Iowa Code editor in preparing the copy for an 19 25 edition of the Iowa Code oraIowa Code Supplement, and the19 26administrative code editor in preparing the copy for an19 27edition of the Iowa administrative code or bulletinshall not 19 28 alter the sense, meaning, or effect of any Act of the general 19 29 assembly, but may: 19 30 a. Correct manifestly misspelled words and grammatical and 19 31 clerical errors, including punctuationbut without changing19 32the meaning, and change capitalization, spelling, and 19 33 punctuation for purposes of uniformity and consistency in Code 19 34 language. 19 35 b. Correct internal references to sections which are cited 20 1 erroneously or have been repealed,andamended, or renumbered. 20 2 c. Substitute the proper chapter, section, subsection, or 20 3 other statutory reference for the term "this Act" or 20 4 references to another Act of the general assembly when there 20 5 appears to be no doubt as to the proper method of making the 20 6 substitution. 20 7 d. Substitute the proper date for references to the 20 8 effective or applicability dates of an Act when there appears 20 9 to be no doubt as to the proper method of making the 20 10 substitution. 20 11 e. Correct names of agencies, officers, or other entities 20 12which have been changed,when there appears to be no doubt as 20 13 to the propermethodsmethod of making thecorrections20 14 correction.The Code editor shall maintain a record of the20 15corrections made under this paragraph. The record shall be20 16available to the public.20 17c.f. Transfer, divide, or combine sections or parts of 20 18 sections and add or amend headnotes to sections and 20 19 subsections. Pursuant to section 3.3, the headnotes are not 20 20 part of the law. 20 21 g. Change words that designate one gender to reflect both 20 22 genders when the provisions apply to both genders. 20 23 h. If any Code section or part of a Code section, or any 20 24 Act of the general assembly which is intended to be codified, 20 25 is amended by more than one Act or more than one provision in 20 26 an Act of the general assembly, and the amendments do not 20 27 expressly refer to or amend one of the other Acts or Act 20 28 provisions in question, harmonize the amendments, if possible, 20 29 so that effect may be given to each and incorporate the 20 30 amendments as harmonized in the Code section. If amendments 20 31 made by several Acts are irreconcilable, unless one of the 20 32 amendments repeals or strikes the language in question, the 20 33 Iowa Code editor shall codify the amendment that is latest in 20 34 date of enactment by the general assembly. If amendments made 20 35 by provisions within an Act are irreconcilable, unless one of 21 1 the amendments repeals or strikes the language in question, 21 2 the Iowa Code editor shall codify the provision listed last in 21 3 the Act. If one of the amendments repeals or strikes the 21 4 language in question, the Iowa Code editor shall codify the 21 5 amendment that repeals or strikes the language. 21 62. The Iowa Code editor may prepare and publish comments21 7deemed necessary for a proper explanation of the manner of21 8printing a section or chapter of the Iowa Code.21 93. The Iowa Code editor, in preparing the copy for an21 10edition of the Iowa Code or a Code Supplement, and the21 11administrative code editor in preparing the copy for an21 12edition of the Iowa administrative code, shall edit the copy21 13in order that words which designate one gender are changed to21 14reflect both genders when the provisions of law apply to21 15persons of both genders.21 16 2. The administrative code editor in preparing the copy 21 17 for an edition of the Iowa administrative code or bulletin 21 18 shall not alter the sense, meaning, or effect of any rule, but 21 19 may: 21 20 a. Correct misspelled words and grammatical and clerical 21 21 errors, including punctuation, and change capitalization, 21 22 spelling, and punctuation for purposes of uniformity and 21 23 consistency. 21 24 b. Correct references to rules or sections which are cited 21 25 erroneously or have been repealed, amended, or renumbered. 21 26 c. Correct names of agencies, officers, or other entities 21 27 when there appears to be no doubt as to the proper method of 21 28 making the correction. 21 29 d. Transfer, divide, or combine rules or parts of rules 21 30 and add or amend catchwords to rules and subrules. 21 31 e. Change words that designate one gender to reflect both 21 32 genders when the provisions apply to both genders. 21 33 f. Perform any other editorial tasks required or 21 34 authorized by section 17A.6. 21 35 3. The Iowa Code editor may, in preparing the copy for an 22 1 edition of the Iowa Code or Iowa Code Supplement, establish 22 2 standards for and change capitalization, spelling, and 22 3 punctuation in any Code provision for purposes of uniformity 22 4 and consistency in Code language. The administrative code 22 5 editor may establish standards for capitalization, spelling, 22 6 and punctuation for purposes of uniformity and consistency in 22 7 the administrative code. 22 8 4. The Iowa Code editor shall seek direction from the 22 9 senate committee on judiciary and the house committee on 22 10 judiciary when making Iowa Code or Iowa Code Supplement 22 11 changes, and the administrative code editor shall seek 22 12 direction from the administrative rules review committee and 22 13 the administrative rules coordinator when making Iowa 22 14 administrative code changes, which appear to require 22 15 substantial editing and which might otherwise be interpreted 22 16 to exceed the scope of the authority granted in this section. 22 17 5. The Iowa Code editor may prepare and publish comments 22 18 deemed necessary for a proper explanation of the manner of 22 19 printing a section or chapter of the Iowa Code. The Iowa Code 22 20 editor shall maintain a record of all of the corrections made 22 21 under subsection 1. The Iowa Code editorand the22 22administrative code editorshall also maintain a separate 22 23 record of the changes made underthis sectionsubsection 1, 22 24 paragraphs "b" through "h". Therecordrecords shall be 22 25 available to the public. 22 26 6. The Iowa Code editor and the administrative code editor 22 27 shall not make editorial changes which go beyond the authority 22 28 granted in this section or other law. 22 29 7. The effective date of all editorial changes in an 22 30 edition of the Iowa Code oraIowa Code Supplement is the 22 31effectivedate of theselling priceIowa Code editor's 22 32 approval of the final press proofs for the statutory text 22 33 contained within that publicationas established by the22 34legislative council or the legislative council's designee. 22 35 The effective date of all editorial changes for the Iowa 23 1 administrative code is the date those changes are published in 23 2 the Iowa administrative code. 23 3 Sec. 19. Section 2B.17, subsections 3 and 5, Code 2003, 23 4 are amended to read as follows: 23 5 3. The official printed versions of the Iowa Code, Code 23 6 Supplement, andsession lawsIowa Acts published under 23 7 authority of the state are the only authoritative publications 23 8 of the statutes of this state.No otherOther publications of 23 9 the statutes of the state shall not be cited in the courts or 23 10 in the reports or rules of the courts. The Iowa Code editor 23 11 is the custodian of the official printed versions of the Iowa 23 12 Code, Iowa Code Supplement, and Iowa Acts and may attest to 23 13 and authenticate any portion of those official printed 23 14 versions for purposes of admitting a portion of the official 23 15 printed version in any court or office of any state, 23 16 territory, or possession of the United States or in a foreign 23 17 jurisdiction. 23 18 5. The printed version of the Iowa administrative code is 23 19 the permanent publication of administrative rules in this 23 20 state and the Iowa administrative bulletin and the Iowa 23 21 administrative code published pursuant to chapter 17A are the 23 22 official publications of the administrative rules of this 23 23 state, and are the only authoritative publications of the 23 24 administrative rules of this state. Other publications of the 23 25 administrative rules of this state shall not be cited in the 23 26 courts or in the reports or rules of the courts. The Iowa 23 27 administrative code editor is the custodian of the official 23 28 printed versions of the Iowa administrative code and the Iowa 23 29 administrative bulletin and may attest to and authenticate any 23 30 portion of those official printed versions for purposes of 23 31 admitting a portion of the official printed version in any 23 32 court or office of any state, territory, or possession of the 23 33 United States or in a foreign jurisdiction. 23 34 Sec. 20. Section 2B.21, Code 2003, is amended to read as 23 35 follows: 24 1 2B.21 AVAILABILITY OF PARTS OF THE IOWA CODE AND 24 2 ADMINISTRATIVE CODE. 24 3 The Iowa Codedivisioneditor and the administrative code 24 4divisioneditor, in accordance with policies established by 24 5 the legislative council, may cause parts of the Iowa Code or 24 6 administrative code to be made available for the use of public 24 7 officers and other persons. This authority shall be exercised 24 8 in a manner planned to avoid delay in the other publications 24 9 of thedivisionseditors. 24 10 Sec. 21. Section 7E.6, subsection 7, Code 2003, is amended 24 11 by striking the subsection. 24 12 Sec. 22. Section 8.22A, subsection 1, Code 2003, is 24 13 amended to read as follows: 24 14 1. The state revenue estimating conference is created 24 15 consisting of the governor or the governor's designee, the 24 16 director of the legislativefiscal bureauservices agency or 24 17 the director's designee, and a third member agreed to by the 24 18 other two. 24 19 Sec. 23. Section 15A.9, subsection 11, Code 2003, is 24 20 amended by striking the subsection. 24 21 Sec. 24. Section 17A.6, subsection 1, unnumbered paragraph 24 22 1, Code 2003, is amended to read as follows: 24 23 The administrative code editor shall cause the Iowa 24 24 administrative bulletin to be published ina printed form24 25 accordance with section 2.42 at least every other week, unless 24 26 the administrative code editor and the administrative rules 24 27 review committee determine that an alternative publication 24 28 schedule is preferable.An electronic version of the Iowa24 29administrative bulletin may also be published as provided in24 30section 2.42.The Iowa administrative bulletin shall contain 24 31 all of the following: 24 32 Sec. 25. Section 17A.6, subsections 2, 3, and 5, Code 24 33 2003, are amended to read as follows: 24 34 2. Subject to the direction of the administrative rules 24 35 coordinator, the administrative code editor shall cause the 25 1 Iowa administrative code to be compiled, indexed, and 25 2 published in accordance with section 2.42 in aprinted loose-25 3leafform containing all rules adopted and filed by each 25 4 agency. The administrative code editor further shall cause 25 5loose-leafsupplements to the Iowa administrative code to be 25 6 published as determined by the administrative rules 25 7 coordinator and the administrative rules review committee, 25 8 containing all rules filed for publication in the prior time 25 9 period. The supplements shall be in such form that they may 25 10 be inserted in the appropriate places in the permanent 25 11 compilation. The administrative rules coordinator shall 25 12 devise a uniform numbering system for rules and may renumber 25 13 rules before publication to conform with the system.An25 14electronic version of the Iowa administrative code may also be25 15published as provided in section 2.42.25 16 3. The administrative code editor may omit or cause to be 25 17 omitted from the Iowa administrative code or bulletin any rule 25 18 the publication of which would be unduly cumbersome, expensive 25 19 or otherwise inexpedient, if the rule inprinted orprocessed 25 20 form is made available on application to the adopting agency 25 21 at no more than its cost of reproduction, and if the Iowa 25 22 administrative code or bulletin contains a notice stating the 25 23 specific subject matter of the omitted rule and stating how a 25 24 copy of the omitted rule may be obtained. 25 25 The administrative code editor shall omit or cause to be 25 26 omitted from the Iowa administrative code any rule or portion 25 27 of a rule nullified by the general assembly pursuant to 25 28 Article III, section 40, of the Constitution of the State of 25 29 Iowa. 25 30 5. The Iowa administrative code, its supplements, and the 25 31 Iowa administrative bulletin shall be made available upon 25 32 request to all persons who subscribe to any of themthrough25 33the state printing division.Copies of this code so made25 34available shall be kept current by the division.25 35 Sec. 26. Section 17A.8, subsection 10, Code 2003, is 26 1 amended by striking the subsection. 26 2 Sec. 27. Section 18.3, subsection 3, Code 2003, is amended 26 3 to read as follows: 26 4 3. Administering the provisions of sections 18.26 to 26 518.10318.100. 26 6 Sec. 28. Section 18.28, Code 2003, is amended to read as 26 7 follows: 26 8 18.28 "PRINTING" DEFINED. 26 9 As used in chapter 7A and sections 18.26 to18.10318.100, 26 10 "printing" means the reproduction of an image from a printing 26 11 surface made generally by a contact impression that causes a 26 12 transfer of ink, the reproduction of an impression by a 26 13 photographic process, or the reproduction of an image by 26 14 electronic means and shall include binding and may include 26 15 material, processes, or operations necessary to produce a 26 16 finished printed product, but shall not include binding, 26 17 rebinding or repairs of books, journals, pamphlets, magazines 26 18 and literary articles by any library of the state or any of 26 19 its offices, departments, boards and commissions held as a 26 20 part of their library collection. 26 21 Sec. 29. NEW SECTION. 18.28A LEGISLATIVE BRANCH 26 22 EXCLUDED. 26 23 This chapter does not apply to the printing contracts or 26 24 procedures of the legislative branch. 26 25 Sec. 30. Section 18.30, Code 2003, is amended to read as 26 26 follows: 26 27 18.30 CONTRACTS WITH STATE INSTITUTIONS. 26 28 The director may, without advertising for bids, enter into 26 29 contracts or make provision for doing any of the work coming 26 30 under the provisions of chapter 7A and sections 18.26 to 26 3118.10318.100 at any school or institution under the ownership 26 32 or control of the state. The work shall be done under 26 33 conditions substantially the same as those provided for in the 26 34 case of contracts with individuals and the same standard of 26 35 quality or product shall be required. 27 1 Sec. 31. Section 18.50, Code 2003, is amended to read as 27 2 follows: 27 3 18.50 EMERGENCY CONTRACTS. 27 4 The director may at any time award a separate printing 27 5 contract or may authorize an assistant to award a separate 27 6 printing contract for any work and materials or printing 27 7 supplies within the provisions of chapter 7A and sections 27 8 18.26 to18.10318.100 which are not included in current 27 9 printing contracts or which cannot properly be made the 27 10 subject of a general contract. A separate printing contract 27 11 must have been duly solicited by the director from vendors 27 12 engaged in the kind of work under consideration who have 27 13 indicated a desire to bid on the class of work to be 27 14 performed. 27 15 Sec. 32. Section 18.59, subsection 5, Code 2003, is 27 16 amended to read as follows: 27 17 5. To avoid duplication, overlapping, and redundancy of 27 18 pamphlets and publications, other than legislative branch 27 19 publications and official documents and books and publications 27 20 authorized bychapters 2B andchapter 7A, to examine the 27 21 contents of proposed pamphlets or publications and to approve 27 22 or disapprove such pamphlets or publications only for such 27 23 reason; and to effectuate this power, the director shall adopt 27 24 rules for its administration. 27 25 Sec. 33. Section 18.75, subsections 6 and 8, Code 2003, 27 26 are amended to read as follows: 27 276. Have legal custody of all Codes, session laws, books of27 28annotations, tables of corresponding sections, publications,27 29except premium lists published by the Iowa state fair board,27 30containing reprints of statutes or administrative rules, or27 31both, reports of state departments, and reports of the supreme27 32court, and sell, account for, and distribute the same as27 33provided by law. However, the legislative service bureau27 34shall solicit and process orders for the distribution of all27 35printed Codes, session laws, administrative codes and28 1bulletins, court rules, and the state roster.28 2 8. By November 1 of each year supply a report which 28 3 contains the name, gender, county, or city of residence when 28 4 possible, official title, salary received during the previous 28 5 fiscal year, base salary as computed on July 1 of the current 28 6 fiscal year, and traveling and subsistence expense of the 28 7 personnel of each of the departments, boards, and commissions 28 8 of the state government except personnel who receive an annual 28 9 salary of less than one thousand dollars. The number of the 28 10 personnel and the total amount received by them shall be shown 28 11 for each department in the report. All employees who have 28 12 drawn salaries, fees, or expense allowances from more than one 28 13 department or subdivision shall be listed separately under the 28 14 proper departmental heading. On the request of the 28 15 administrator, the head of each department, board, or 28 16 commission shall furnish the data covering that agency. The 28 17 report shall be distributed upon requestwithout charge28 18 electronically to each caucus of the general assembly, the 28 19 legislativeservice bureau, the legislative fiscal bureau28 20 services agency, the chief clerk of the house of 28 21 representatives, and the secretary of the senate. Copies of 28 22 the report shall be made available to other persons inboth28 23print orelectronic medium, upon payment of a fee if 28 24 appropriate, which shall not exceed the cost of providing the 28 25 copy of the report. Sections 22.2 through 22.6 apply to the 28 26 report. All funds from the sale of the report shall be 28 27 deposited in the general fund. Requests for publications 28 28 shall be handled only upon receipt of postage by the 28 29 administrator. 28 30 Sec. 34. Section 22.3A, subsection 2, paragraph a, Code 28 31 2003, is amended to read as follows: 28 32 a. The amount charged for access to a public record shall 28 33 be not more than that required to recover direct publication 28 34 costs, including but not limited to editing, compilation, and 28 35 media production costs, incurred by the government body in 29 1 developing the data processing software, and preparing the 29 2 data processing software for transfer to the person. The 29 3 amount shall be in addition to any other fee required to be 29 4 paid under this chapter for the examination and copying of a 29 5 public record. If a person accesses a public record stored in 29 6 an electronic format that does not require formatting, 29 7 editing, or compiling to access the public record, the charge 29 8 for providing the accessed public record shall not exceed the 29 9 reasonable cost of accessing that public record. The 29 10 government body shall, if requested, provide documentation 29 11 which explains and justifies the amount charged. This 29 12 paragraph shall not apply to any publication for which a price 29 13 has been established pursuant to another section, including 29 14 section7A.222E.5. 29 15 Sec. 35. Section 25B.5, Code 2003, is amended to read as 29 16 follows: 29 17 25B.5 COST ESTIMATES – NOTATION IN ACTS. 29 18 1. When a bill or joint resolution is requested, the 29 19 legislativeservice bureauservices agency shall make an 29 20 initial determination of whether the bill or joint resolution 29 21 may impose a state mandate. If a state mandate may be 29 22 included, that fact shall be included in the explanation of 29 23 the bill or joint resolution. 29 24 2. If a bill or joint resolution may include a state 29 25 mandate,a copy of the prepared draft shall be sent tothe 29 26 legislativefiscal bureau whichservices agency shall 29 27 determine if the bill or joint resolution contains a state 29 28 mandate. If the bill or joint resolution contains a state 29 29 mandate and is still eligible for consideration during the 29 30 legislative session for which the bill or joint resolution was 29 31 drafted, the legislativefiscal bureauservices agency shall 29 32 prepare an estimate of the amount of costs imposed. 29 33 3. If a bill or joint resolution containing a state 29 34 mandate is enacted, unless the estimate already on file with 29 35 the house of origin is sufficient, the legislativefiscal30 1bureauservices agency shall prepare a final estimate of 30 2 additional local revenue expenditures required by the state 30 3 mandate and file the estimate with the secretary of state for 30 4 inclusion with the official copy of the bill or resolution to 30 5 which it applies. A notation of the filing of the estimate 30 6 shall be made in the Iowa Actsof the general assembly30 7 published pursuant to chapter 2B. 30 8 Sec. 36. Section 97D.4, subsection 4, unnumbered paragraph 30 9 2, Code 2003, is amended to read as follows: 30 10 Administrative assistance shall be provided by the 30 11 legislativeservice bureau and the legislative fiscal bureau30 12 services agency. 30 13 Sec. 37. Section 256.53, Code 2003, is amended to read as 30 14 follows: 30 15 256.53 STATE PUBLICATIONS. 30 16 Upon issuance of a state publication in any format, a state 30 17 agency shall deposit with the division at no cost to the 30 18 division, seventy-five copies of the publication or a lesser 30 19 number if specified by the division, except as provided in 30 20 section 2E.6. 30 21 Sec. 38. Section 331.502, subsection 3, Code 2003, is 30 22 amended by striking the subsection. 30 23 Sec. 39. Section 602.1204, subsection 3, Code 2003, is 30 24 amended to read as follows: 30 25 3. The supreme court shall compile and publish all 30 26 procedures and directives relating to the supervision and 30 27 administration of the internal affairs of the judicial branch, 30 28 and shall distribute a copy of the compilation and all 30 29 amendments to each operating component of the judicial branch. 30 30Copies also shall be distributed to agencies referred to in30 31section 18.97 upon request.30 32 Sec. 40. Sections 2.14, 2.16, 2.35, 2.45, 2.61, 2D.3, 3.2, 30 33 7A.11, 15E.111, 23A.2A, 28B.1, 28B.4, 42.2, 42.3, 42.6, 49.7, 30 34 275.23A, 331.209, and 602.4202, Code 2003, are amended by 30 35 striking from the sections the words "legislative service 31 1 bureau" and "bureau" when referring to the legislative service 31 2 bureau and inserting in lieu thereof the words "legislative 31 3 services agency". 31 4 Sec. 41. Sections 2.46, 2.51, 2B.10, 7E.5A, 8.23, 8.35A, 31 5 8.44, 8.46, 8.55, 8.61, 8.62, 8E.209, 8E.301, 12E.13, 14B.103, 31 6 14B.105, 14B.206, 15.113, 15.343, 18.16A, 18.16B, 80E.1, 31 7 97B.17, 135.11, 161D.8, 161D.13, 217.12, 237.18, 255.24A, 31 8 260C.66, 261.22, 261.25, 262.64A, 262A.13, 263A.11, 263A.13, 31 9 266.39D, 266.39F, 292.2, 294A.19, 307.20, 307.40, 307.46, 31 10 307.47, 327J.3, 384.3, 403.23, 404A.5, 421.17, 422.72, 31 11 455B.183A, 455G.4, 505.7, 524.207, 533.67, 602.1301, 602.1302, 31 12 602.8108, 904.116, 904.706, 905.6, 905.8, and 906.5, Code 31 13 2003, are amended by striking from the sections the words 31 14 "legislative fiscal bureau" and inserting in lieu thereof the 31 15 words "legislative services agency". 31 16 Sec. 42. CODE EDITOR'S DIRECTIVE. The Code editor shall 31 17 correct any references to the legislative services agency as 31 18 the successor to the legislative service bureau, legislative 31 19 fiscal bureau, and computer support bureau, including 31 20 grammatical constructions, anywhere else in the Iowa Code, in 31 21 any bills awaiting codification, and in any bills enacted by 31 22 the Eightieth General Assembly, 2003 Regular Session. 31 23 Sec. 43. Sections 2.48, 2.49, 2.50, 2.52, 2.55, 2.55A, 31 24 2.58, 2.59, 2.60, 2.64, 2.65, 2.66, 2.67, 2.100, 2.101, 2.102, 31 25 2.103, 2.104, 7A.15, 7A.16, 7A.17, 7A.18, 7A.19, 7A.21, 7A.22, 31 26 7A.25, 7A.26, 18.86, 18.87, 18.88, 18.89, 18.90, 18.95, 18.96, 31 27 18.97, 18.97A, 18.101, 18.102, and 18.103, Code 2003, are 31 28 repealed. 31 29 Sec. 44. EFFECTIVE DATE. This Act, being deemed of 31 30 immediate importance, takes effect upon enactment. 31 31 EXPLANATION 31 32 This bill relates to legislative branch consolidation of 31 33 certain of its functions. 31 34 CONSOLIDATED AGENCY. The bill creates a single, 31 35 nonpartisan legislative services agency by combining the 32 1 functions and duties of the legislative service bureau, 32 2 legislative fiscal bureau, and legislative computer support 32 3 bureau. The bill provides for continued oversight of the new 32 4 agency by the legislative council. State agencies are 32 5 required to provide information, including certain 32 6 confidential fiscal and oversight information, needed by the 32 7 agency to fulfill its responsibilities. The director retains 32 8 subpoena authority to enforce access to such fiscal and 32 9 oversight information. Employees of the legislative services 32 10 agency are protected from being compelled to give testimony or 32 11 to appear and produce documentary evidence in a judicial or 32 12 quasi-judicial proceeding if the testimony or documentary 32 13 evidence sought relates to a legislative duty or act performed 32 14 by the employee. 32 15 LEGISLATIVE SERVICE BUREAU FUNCTIONS. The bill transfers 32 16 the legislative service bureau's legal analysis, legal 32 17 drafting, congressional and legislative redistricting, legal 32 18 publications, standing, statutory, and interim committee 32 19 staffing, legislative information, legislative visitor 32 20 protocol, and capitol tour guide responsibilities to the new 32 21 agency. With respect to legal and legislative analysis, the 32 22 bill preserves the current statutory requirement that such 32 23 analysis not contain public policy recommendations. Legal 32 24 analysis is required to be provided through the exercise of 32 25 attorney-employees' independent, professional judgment. 32 26 LEGISLATIVE FISCAL BUREAU FUNCTIONS. The bill transfers 32 27 the legislative fiscal bureau's state expenditure, revenue, 32 28 and budget review and analysis, fiscal note preparation, 32 29 revenue and budget, statutory, standing committee and 32 30 subcommittee, and interim committee staffing, and program 32 31 evaluation responsibilities to the new agency. With respect 32 32 to the budget and revenue committees, the bill preserves the 32 33 current statutory authority of the legislative fiscal bureau 32 34 to advise the committees when requested, and to make inquiries 32 35 and suggestions with respect to state agency budget hearings. 33 1 The bill strikes the requirement of the legislative fiscal 33 2 bureau to conduct every five years an economic cost-benefit 33 3 analysis of each quality jobs enterprise zone. 33 4 COMPUTER SUPPORT BUREAU FUNCTIONS. The bill transfers the 33 5 computer support bureau's legislative computer systems 33 6 responsibilities to the new agency. 33 7 ADMINISTRATIVE RULES REVIEW COMMITTEE LEGAL ASSISTANCE. 33 8 The bill transfers to the new agency the responsibility of 33 9 providing legal assistance to the administrative rules review 33 10 committee. 33 11 OFFICIAL LEGAL PUBLICATIONS AND PROCUREMENT. The bill 33 12 authorizes the legislative services agency to set prices for 33 13 publication of the official versions of the Iowa Code, Iowa 33 14 Code Supplement, Iowa Acts, Iowa court rules, Iowa 33 15 administrative bulletin, and Iowa administrative code. The 33 16 bill updates the editorial powers and duties of the Iowa Code 33 17 and administrative code editors in Code chapters 2B and 7E. 33 18 The effective date for editorial changes to the Iowa Code is 33 19 set on the date of approval by the Iowa Code editor of the 33 20 final press proofs for the statutory text of the Iowa Code. 33 21 The statutory provisions governing the distribution of these 33 22 official printed legal publications at no cost or at a price 33 23 covering distribution costs to state and local public 33 24 officials and offices are amended to continue providing the 33 25 distribution of these publications while attempting to 33 26 substitute more electronic publications for the printed 33 27 publications. The authorization to require some payment for 33 28 otherwise no-cost or distribution-cost copies is retained for 33 29 the legislative services agency. Procurement authority is 33 30 provided for the legislative services agency. The current 33 31 sales tax exemption for certain items sold by the legislative 33 32 service bureau is applied to items sold or services provided 33 33 by the legislative services agency. 33 34 SENATE AND HOUSE PUBLICATIONS. The bill provides that the 33 35 senate and house of representatives shall each publish and 34 1 determine procurement procedures for the publication of their 34 2 journals, bills, and amendments, and determine their 34 3 distribution. The bill repeals provisions in Code chapters 7A 34 4 and 18 relating to the state printing administrator's 34 5 responsibility for printing journals and bills and relating to 34 6 specific distribution requirements for the journals, official 34 7 registers, and bills with respect to members of the general 34 8 assembly, libraries, newspapers, county auditors, and the 34 9 public. 34 10 NONPARTISANSHIP AND LEGISLATIVE PRIVILEGES. Employees of 34 11 the new agency are prohibited from participating in partisan 34 12 political activities and shall not be identified as advocates 34 13 or opponents of issues subject to legislative debate except as 34 14 otherwise provided by law or by the legislative council. 34 15 Services provided by the new agency are required to be 34 16 provided in a manner so as to preserve the independence of the 34 17 general assembly as a constitutional body and to protect the 34 18 legislative privileges of the members and employees. 34 19 DIRECTOR OF CONSOLIDATED AGENCY. The director of the 34 20 agency is to be appointed by the legislative council. The 34 21 director supervises all functions and employees and outside 34 22 service providers of the new agency. 34 23 The director of the new agency or the director's designee 34 24 is named a member of the state revenue estimating conference 34 25 in Code chapter 8 and of the petroleum underground storage 34 26 tank fund board as is currently the case with the director of 34 27 the legislative fiscal bureau. 34 28 CODE REFERENCES AMENDED. Additional references in the Code 34 29 to the three separate legislative agencies are changed by an 34 30 alternative drafting style that references all Code sections 34 31 in which the current agency names are to be changed to the new 34 32 agency's name. 34 33 References to the legislative service bureau relate to the 34 34 following subject matters in the following Code sections: 34 35 performance of legislative functions, including legislative 35 1 standing committee staffing, drafting of state agency and 35 2 governor bills, preparation of legal and legislative research, 35 3 communications review committee staffing, employment of a 35 4 legislative branch protocol officer, bill drafting protocols, 35 5 filing of documents with the general assembly, private 35 6 industry competition notations in bills, interstate 35 7 cooperation commission staffing and expenses, congressional 35 8 and legislative redistricting, county, city, and school 35 9 district redistricting assistance, and supreme court rule 35 10 drafting protocols (Code sections 2.14, 2.16, 2.35, 2.61, 35 11 2D.3, 3.2, 7A.11, 23A.2A, 28B.1, 28B.4, 42.2, 42.3, 42.6, 35 12 49.7, 275.23A, 331.209, and 602.4202); and receipt of 35 13 information or reports (Code section 15E.111). 35 14 References to the legislative fiscal bureau relate to the 35 15 following subject matters in the following Code sections: 35 16 performance of legislative functions, including state mandate 35 17 notation, legislative visitation committee staffing, lease- 35 18 purchase notifications, confidential receipt of IPERS 35 19 information, access to tax information, petroleum underground 35 20 storage tank fund board membership (Code sections 2.51, 2B.10, 35 21 8.22A, 8.23, 8.35A, 8.46, 97B.17, 422.72, and 455G.4); and 35 22 receipt of notification of executive and judicial branch 35 23 actions; receipt of information, reports, or formal 35 24 submissions; and required consultation or coordination (Code 35 25 sections 2.46, 7E.5A, 8.23, 8.35A, 8.44, 8.46, 8.55, 8.61, 35 26 8.62, 8E.209, 8E.301, 12E.13, 14B.103, 14B.105, 14B.206, 35 27 15.113, 15.343, 18.16A, 18.16B, 80E.1, 135.11, 161D.8, 35 28 161D.13, 217.12, 237.18, 255.24A, 260C.66, 261.22, 261.25, 35 29 262.64A, 262A.13, 263A.11, 263A.13, 266.39D, 266.39F, 292.2, 35 30 294A.19, 307.20, 307.40, 307.46, 307.47, 327J.3, 384.3, 35 31 403.23, 404A.5, 421.17, 455B.183A, 505.7, 524.207, 533.67, 35 32 602.1301, 602.1302, 602.8108, 904.116, 904.706, 905.6, 905.8, 35 33 and 906.5). 35 34 REPEALS. The bill repeals numerous sections in Code 35 35 chapter 2 relating to the general assembly, the contents of 36 1 which are transferred, for the most part, to new Code chapter 36 2 2E. The bill also repeals several sections in Code chapters 36 3 7A and 18 relating to official publications, the contents of 36 4 which are transferred, in part, to new Code chapter 2E. 36 5 EFFECTIVE DATE. The bill takes effect upon enactment. 36 6 LSB 1164YC 80 36 7 rj/cf/24.10
Text: HSB00239 Text: HSB00241 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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