Text: HSB00535                          Text: HSB00537
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 536

Bill Text

PAG LIN
  1  1    Section 1.  Section 22.3A, subsection 2, paragraph a, Code
  1  2 Supplement 2003, is amended to read as follows:
  1  3    a.  The amount charged for access to a public record shall
  1  4 be not more than that required to recover direct publication
  1  5 all actual costs, including but not limited to editing, the
  1  6 following:
  1  7    (1)  Editing, compilation, and media production costs,
  1  8 incurred by the government body in developing the data
  1  9 processing software and preparing the data processing software
  1 10 for transfer to the person.
  1 11    (2)  The proportional share of any fixed costs, including
  1 12 but not limited to computer equipment and hardware costs, data
  1 13 processing software costs, and costs relating to maintenance
  1 14 and insurance.
  1 15    The amount shall be in addition to any other fee required
  1 16 to be paid under this chapter for the examination and copying
  1 17 of a public record.  If a person accesses a public record
  1 18 stored in an electronic format that does not require
  1 19 formatting, editing, or compiling to access the public record,
  1 20 the charge for providing the accessed public record shall not
  1 21 exceed the reasonable cost of accessing that public record.
  1 22 The government body shall, if requested, provide documentation
  1 23 which explains and justifies the amount charged.  This
  1 24 lettered paragraph "a" shall not apply to any publication for
  1 25 which a price has been established pursuant to another
  1 26 section, including section 2A.5.  
  1 27                           EXPLANATION
  1 28    This bill expands the costs that a government body may
  1 29 recover when imposing a charge for access to a public record
  1 30 which is combined with data processing software.  Current law
  1 31 allows the government body to charge direct publication costs,
  1 32 i.e., costs relating to the software itself.  These costs are
  1 33 in addition to the normal charges imposed for the examination
  1 34 and copying of a public record.
  1 35    The bill allows a government body to calculate the charge
  2  1 based on all costs associated with providing electronic data,
  2  2 including a proportional share of any fixed costs, including
  2  3 computer equipment and hardware costs, data processing
  2  4 software costs, and costs related to maintenance and
  2  5 insurance.
  2  6    The bill does not affect the charge for access to a public
  2  7 record stored in an electronic format that does not require
  2  8 formatting, editing, or compiling to provide that access.  
  2  9 LSB 5663YC 80
  2 10 jr/sh/8
     

Text: HSB00535                          Text: HSB00537
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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