Text: SF00364 Text: SF00366 Text: SF00300 - SF00399 Text: SF 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. The director and agents and employees of the 3 15 legislative services agency shall at all times have access to 3 16 all agencies, offices, boards, and commissions of the state 3 17 and its political subdivisions and private organizations 3 18 providing services to individuals under contracts with state 3 19 agencies, offices, boards, or commissions and to the 3 20 information, records, instrumentalities, and properties used 3 21 in the performance of such entities' statutory duties or 3 22 contractual arrangements. All such entities and the described 3 23 private organizations shall cooperate with the director, and 3 24 shall make available to the director such information, 3 25 records, instrumentalities, and properties upon request. 3 26 2. If the information sought by the legislative services 3 27 agency is required by law to be kept confidential, the agency 3 28 shall have access to the information, but shall maintain the 3 29 confidentiality of the information and is subject to the same 3 30 penalties as the lawful custodian of the information for 3 31 dissemination of the information. However, the legislative 3 32 services agency shall not have access to tax return 3 33 information except for individual income tax sample data as 3 34 provided in section 422.72, subsection 1. 3 35 3. The director may issue subpoenas for production of any 4 1 information, records, instrumentalities, or properties to 4 2 which the director is authorized to have access. If any 4 3 person subpoenaed refuses to produce the information, records, 4 4 instrumentalities, or properties, the director may apply to 4 5 the district court having jurisdiction over that person for 4 6 the enforcement of the subpoena. 4 7 4. The director, an agent or former agent, and an employee 4 8 or former employee of the legislative services agency shall 4 9 not be compelled to give testimony or to appear and produce 4 10 documentary evidence in a judicial or quasi-judicial 4 11 proceeding if the testimony or documentary evidence sought 4 12 relates to a legislative duty or act performed by the 4 13 director, agent, or employee. An order or subpoena purporting 4 14 to compel testimony or the production of documentary evidence 4 15 protected under this subsection is unenforceable. 4 16 Sec. 4. NEW SECTION. 2E.4 SPECIFIC SERVICES – PUBLIC 4 17 POLICY RECOMMENDATIONS RESTRICTED. 4 18 The legislative services agency shall provide the following 4 19 specific services: 4 20 1. Preparation of legal and legislative analysis of any 4 21 governmental matter upon the proper request of members and 4 22 committees of the general assembly. Such analysis shall not 4 23 contain any public policy recommendations. Such legal 4 24 analysis shall be provided through the exercise of an 4 25 attorney-employee's independent, professional judgment. 4 26 2. Drafting and preparation of legislation, including 4 27 bills, resolutions, and amendments, for committees and 4 28 individual members of the general assembly; proposed bills and 4 29 joint resolutions for state agencies and the governor in 4 30 accordance with section 2.16; and bills embodying a plan of 4 31 legislative and congressional redistricting prepared in 4 32 accordance with chapter 42. 4 33 3. Fiscal analysis of legislation, and state expenditure, 4 34 revenue, and budget review. The director of the agency or the 4 35 director's designee may make recommendations to the general 5 1 assembly concerning the state's expenditures and revenues. 5 2 4. Attendance at the budget hearings required by section 5 3 8.26. The director of the agency may offer explanations or 5 4 suggestions and make inquiries with respect to such budget 5 5 hearings. 5 6 5. Assistance to standing committees and members of the 5 7 general assembly in attaching fiscal notes to bills and 5 8 resolutions as provided by the rules of the general assembly. 5 9 6. Performance of the duties pertaining to the preparation 5 10 of correctional impact statements as provided in section 2.56. 5 11 7. Furnishing information, acting in an advisory capacity, 5 12 providing staffing services, and reporting to standing, 5 13 statutory, and interim committees of the general assembly. 5 14 8. Preparation of legal and legislative analysis for the 5 15 administrative rules review committee in its oversight 5 16 functions with respect to executive branch administrative 5 17 rules as provided in chapter 17A. 5 18 9. Preparation of legal and legislative analysis for the 5 19 legislative council with respect to rules and forms submitted 5 20 by the supreme court to the legislative council pursuant to 5 21 section 602.4202. 5 22 10. Review and oversight of state program operations and 5 23 program evaluation of state agencies, including compliance, 5 24 efficiency, and effectiveness determinations, as required by 5 25 section 2E.7. 5 26 11. Provision of legislative computer systems services to 5 27 the senate, house of representatives, and central legislative 5 28 staff agencies, and provision of advice regarding legislative 5 29 computer systems services, needs, capabilities, and uses to 5 30 the legislative council and the general assembly. 5 31 Sec. 5. NEW SECTION. 2E.5 OFFICIAL LEGAL AND OTHER 5 32 PUBLICATIONS – PROCUREMENTS. 5 33 1. The legislative services agency shall publish the 5 34 official legal publications of the state as provided in 5 35 chapter 2B. The legislative services agency shall have legal 6 1 custody of the publications and shall provide for the 6 2 warehousing, sale, and distribution of the publications. The 6 3 legislative services agency shall retain or cause to be 6 4 retained a number of old editions of the publications but may 6 5 otherwise distribute or cause to be distributed old editions 6 6 of the publications to any person upon payment by the person 6 7 of any distribution costs. 6 8 2. The printed versions of the publications listed in this 6 9 subsection shall be sold at a price to be established by the 6 10 legislative services agency. In determining the prices, the 6 11 legislative services agency shall consider the costs of 6 12 printing, binding, distribution, and paper stock, compilation 6 13 and editing labor costs, and any other associated costs. The 6 14 legislative services agency shall also consider the number of 6 15 volumes or units to be printed, sold, and distributed in the 6 16 determination of the prices. 6 17 a. The Iowa Code. 6 18 b. The Iowa Code Supplement. 6 19 c. The Iowa Acts. 6 20 d. The Iowa court rules. 6 21 e. The Iowa administrative code. 6 22 f. The Iowa administrative bulletin. 6 23 3. The legislative services agency may establish policies 6 24 for the production, editing, distribution, and pricing of 6 25 electronic publications containing information stored by the 6 26 legislative branch in an electronic format, including 6 27 information contained in the printed publications listed in 6 28 this section. Such electronic publications may include 6 29 programming not originally part of the stored information, 6 30 including but not limited to search and retrieval functions. 6 31 The policies shall provide for the widest possible 6 32 distribution of these value-added electronic publications at 6 33 the lowest price practicable, which shall not be more than the 6 34 costs attributable to producing, editing, and distributing the 6 35 electronic publications. 7 1 4. Subject to section 2.42, the legislative services 7 2 agency shall determine its procurement procedures, which may 7 3 include procurement determinations based on service provider 7 4 competence, meeting of service or product specifications, and 7 5 reasonableness of price; the posting of security to accompany 7 6 a service provider proposal; the preference of Iowa-based 7 7 businesses if comparable in price; the disclosure of service 7 8 provider assignments; the inclusion of renewal options; the 7 9 imposition of liquidated damages and other penalties for 7 10 breach of any service provider requirement; and the rejection 7 11 of all service provider proposals and institution of a new 7 12 procurement process. 7 13 Sec. 6. NEW SECTION. 2E.6 SPECIAL DISTRIBUTION OF LEGAL 7 14 PUBLICATIONS – RESTRICTIONS ON FREE DISTRIBUTIONS. 7 15 1. The legislative services agency shall make free 7 16 distribution of the printed versions of the official legal 7 17 publications listed in section 2E.5, subsection 2, subject to 7 18 payment of any routine distribution costs such as but not 7 19 limited to mailing and handling costs, to the three branches 7 20 of state government, to elected county officers, to county and 7 21 city assessors, to Iowa's congressional delegation, to federal 7 22 courts in Iowa and federal judges and magistrates for Iowa, 7 23 and to state and university depository libraries, the library 7 24 of congress, and the library of the United States supreme 7 25 court. Only such officers, offices, and agencies entitled to 7 26 or receiving free copies during the fiscal year beginning July 7 27 1, 2002, and ending June 30, 2003, shall be entitled to 7 28 continue to receive free copies in subsequent years, except 7 29 that successor and new officers, offices, and agencies shall 7 30 receive a reasonable number of free copies as determined by 7 31 the legislative services agency. Such officers, offices, and 7 32 agencies shall annually review the number of copies received 7 33 in the prior year to determine if the number of copies 7 34 received can be reduced and shall submit the information in a 7 35 report to the legislative services agency. The number of 8 1 copies received, once reduced, shall not be increased to the 8 2 previous level without the express consent of the legislative 8 3 services agency. 8 4 2. Each officer, office, or agency receiving one or more 8 5 free copies of a publication under this section shall only 8 6 receive up to the number of copies indicated free at the time 8 7 of initial distribution. If an officer, office, or agency 8 8 receiving one or more free copies of a publication under this 8 9 section desires additional copies beyond the number initially 8 10 received, the officer, office, or agency must request the 8 11 additional copies and pay the normal charge for such 8 12 publication. 8 13 3. If a version of a publication provided under this 8 14 section is available in an electronic format, the legislative 8 15 services agency may establish policies providing for the 8 16 substitution of an electronic version for the printed version 8 17 of the publication, and for the amount of payment, if any, 8 18 required for the electronic publication. The payment amount 8 19 shall not be more than established pursuant to section 2E.5 8 20 for the same publication. For the Iowa administrative code 8 21 and its supplements, the legislative services agency may 8 22 provide that the distribution requirement of this section is 8 23 met by distributing relevant portions of the Iowa 8 24 administrative code or its supplements in either a printed or 8 25 electronic format. 8 26 4. Notwithstanding any provision of this section to the 8 27 contrary, the legislative services agency may review the 8 28 publication costs and offsetting sales revenues relating to 8 29 legal publications in printed formats, and may establish 8 30 policies requiring payment from persons otherwise entitled to 8 31 receive them at no cost or at a price covering distribution 8 32 costs pursuant to subsection 1. The payment amount shall not 8 33 be more than established pursuant to section 2E.5 for the same 8 34 publication. 8 35 Sec. 7. NEW SECTION. 2E.7 STATE GOVERNMENT OVERSIGHT AND 9 1 PROGRAM EVALUATION. 9 2 1. The general assembly shall independently and 9 3 intensively review and oversee the performance of state 9 4 agencies in the operation of state programs to evaluate the 9 5 efficiency and effectiveness of the state programs and to 9 6 consider alternatives which may improve the benefits of such 9 7 programs or may reduce their costs to the citizens of the 9 8 state. The legislative services agency shall provide the 9 9 technical and professional support for the general assembly's 9 10 oversight responsibility. 9 11 2. The general assembly by concurrent resolution or the 9 12 legislative council may direct the legislative services agency 9 13 to conduct a program evaluation of any state agency. Upon the 9 14 passage of the concurrent resolution or receiving the 9 15 direction of the legislative council, the director of the 9 16 legislative services agency shall inform the chairpersons of 9 17 the committees responsible for appropriations of the 9 18 anticipated cost of the program evaluation and the number and 9 19 nature of any additional personnel needed to conduct the 9 20 program evaluation and shall notify the official responsible 9 21 for the program to be evaluated. The director, after 9 22 consulting with the responsible official and the entity 9 23 requesting the program evaluation, shall determine the goals 9 24 and objectives of the state agency or state program for the 9 25 purpose of the program evaluation. 9 26 3. In conducting the program evaluation, the legislative 9 27 services agency may make certain determinations including but 9 28 not limited to the following: 9 29 a. The organizational framework of the state agency, its 9 30 adequacy and relationship to the overall structure of state 9 31 government, and whether the program under the agency's 9 32 jurisdiction could be more effective if consolidated with 9 33 another program, transferred to another program, or modified, 9 34 or whether the program should be abolished. 9 35 b. Whether the state agency is conducting programs and 10 1 activities and expending funds appropriated to the state 10 2 agency in compliance with state and federal law and any 10 3 executive order of the governor, and whether statutory or 10 4 administrative rule changes are advisable. 10 5 c. Whether the state agency is conducting authorized 10 6 activities and programs pursuant to goals and objectives 10 7 established by statute or rule, specific legislative intent, 10 8 the budget, the governor, or a strategic or other long-range 10 9 plan, and whether alternatives which might produce the desired 10 10 results at a lower cost have been considered. 10 11 d. Whether the state agency is conducting programs and 10 12 activities and expending funds appropriated to the state 10 13 agency in an efficient and effective manner, has complied with 10 14 all applicable laws, and, if not, determine the causes for 10 15 such inefficiency, ineffectiveness, or noncompliance. 10 16 e. Relationships within and among other governmental 10 17 agencies and programs including financial exchanges, 10 18 coordination, inconsistent programs, and areas of duplication 10 19 or overlapping programs. 10 20 f. The productivity of the state agency's operations 10 21 measured in terms of cost-benefit relationships or other 10 22 accepted measures of effectiveness. 10 23 g. Other criteria determined by the director. 10 24 4. Upon the completion of the program evaluation and 10 25 preparation of a report on the evaluation, the legislative 10 26 services agency shall provide a copy of the report to the 10 27 governing official or board of the state agency and afford the 10 28 state agency a reasonable opportunity to respond to the 10 29 findings and recommendations of the report. The response 10 30 shall be included in the final version of the report released 10 31 to the general assembly or the legislative council. Until its 10 32 release the report shall be regarded as confidential by all 10 33 persons properly having custody of the report. 10 34 Sec. 8. NEW SECTION. 2E.8 SALES – TAX EXEMPTION. 10 35 1. The legislative services agency and its legislative 11 1 information office may sell mementos and other items relating 11 2 to Iowa history and historic sites, the general assembly, and 11 3 the state capitol, on the premises of property under the 11 4 control of the legislative council, at the state capitol, and 11 5 on other state property. 11 6 2. The legislative services agency is not a retailer under 11 7 chapter 422 and the sale of items or provision of services by 11 8 the legislative services agency is not a retail sale under 11 9 chapter 422, division IV, and is exempt from the sales tax. 11 10 Sec. 9. Section 2.9, Code 2003, is amended to read as 11 11 follows: 11 12 2.9 JOURNALS – BILLS AND AMENDMENTS. 11 13 1. a. The senate and house of representatives shall each 11 14 publish a daily journal of the transactions of their 11 15 respective bodies. The secretary of the senate and the chief 11 16 clerk of the house shall each determine the format and manner 11 17 of the journal's publication, the procurement procedures for 11 18 the journal's publication, and the journal's distribution for 11 19 their respective bodies. 11 20 b. The secretary of the senate and the clerk of the house 11 21 of representatives shall each preserve copies of the printed 11 22 daily journals of their respective bodies, as corrected, 11 23 certify to their correctness, and file them with the secretary 11 24 of state at the adjournment of each session of the general 11 25 assembly. The secretary of state shallcause the journals to11 26be bound and preserved aspreserve the original journals of 11 27 the senate and the house in the manner specified by the 11 28 majority leader of the senate and speaker of the house. 11 29 2. a. The senate and house of representatives shall each 11 30 publish bills and amendments of their respective bodies. The 11 31 secretary of the senate and the chief clerk of the house shall 11 32 each determine the procurement procedures for the publication 11 33 of the bills and amendments and the distribution of the bills 11 34 and amendments for their respective bodies. 11 35 b. A bill that seeks to legalize the acts of any official 12 1 or board or other official body, in regard to any matter of 12 2 public nature or for any person or persons, company, or 12 3 corporation, shall not be considered by the senate or house of 12 4 representatives until the bill is published and distributed to 12 5 members of the general assembly, and the publication shall be 12 6 without expense to the state. The senate and house shall not 12 7 order any such bill published until the secretary of the 12 8 senate or chief clerk of the house has received a deposit to 12 9 cover the cost of the publication. The newspaper publication 12 10 of such bill shall be without expense to the state, and the 12 11 bill shall not be published in a newspaper until the costs of 12 12 the newspaper publication has been paid to the secretary of 12 13 state. 12 14 Sec. 10. Section 2.42, subsections 1, 2, 11, 12, 13, 14, 12 15 15, 16, 18, and 19, Code 2003, are amended to read as follows: 12 16 1. To establish policies for the operation of the 12 17 legislativeservice bureau, including the priority to be given12 18to research requests and the distribution of research reports12 19 services agency. 12 20 2. To appoint the director of the legislativeservice12 21bureauservices agency for such term of office as may be set 12 22 by the council. 12 23 11. To approve the appointment of the Iowa Code editor and 12 24 the administrative code editorand establish the salaries of12 25the persons employed in that office. 12 26 12. To establish policies for the distribution of 12 27 information which is stored by the general assembly in an 12 28 electronic format, including the contents of statutes or 12 29 rules, other than value-added electronic publications as 12 30 provided in section7A.222E.5. The legislative council shall 12 31 establish payment rates that encourage the distribution of 12 32 such information to the public, including private vendors 12 33 reselling that information. The legislative council shall not 12 34 establish a price that attempts to recover more than is 12 35 attributable to costs related to reproducing and delivering 13 1 the information. 13 2 13. To establish policies with regard to the publishing of 13 3 printed and electronic versions of the Iowa administrative 13 4 code, the Iowa administrative bulletin, the Iowa Code, the 13 5 Iowa Code Supplement, and thesession lawsIowa Acts, or any 13 6 part of those publications. The publishing policies may 13 7 include, but are not limited to: the style and format to be 13 8 used; the frequency of publication; the contents of the 13 9 publications; the numbering system to be used in the Iowa 13 10 Code, the Iowa Code Supplement, and thesession lawsIowa 13 11 Acts; the preparation of editorial comments or notations; the 13 12 correction of errors; the type of print or electronic media 13 13 and data processing software to be used; the number of printed 13 14 volumes to be published; recommended revisions of the Iowa 13 15 Code, the Iowa Code Supplement, and thesession lawsIowa 13 16 Acts; the letting of contracts for the publication of the Iowa 13 17 administrative code, the Iowa administrative bulletin, the 13 18 Iowa court rules, the Iowa Code, the Iowa Code Supplement, and 13 19session lawsthe Iowa Acts; the pricing of the publications to 13 20 which section 22.3 does not apply; access to, and the use, 13 21 reproduction, legal protection, sale or distribution, and 13 22 pricing of related data processing software consistent with 13 23 chapter 22; and any other matters deemed necessary to the 13 24 publication of uniform and understandable publications. 13 2514. To establish policies for the operation of the13 26legislative fiscal bureau.13 2715. To appoint the director of the legislative fiscal13 28bureau for such term of office as may be set by the council.13 29 16. To hear and act upon appeals of aggrieved employees of 13 30 the legislativeservice bureau, legislative fiscal bureau,13 31computer support bureau,services agency and the office of the 13 32 citizens' aide pursuant to rules of procedure established by 13 33 the council. 13 3418. To establish policies for the operation of the13 35computer support bureau.14 119. To appoint the director of the computer support bureau14 2for a term of office set by the council.14 3 Sec. 11. Section 2.45, subsection 2, Code 2003, is amended 14 4 to read as follows: 14 5 2. The legislative fiscal committee, composed of the 14 6 chairpersons or their designated committee member and the 14 7 ranking minority party members or their designated committee 14 8 member of the committees of the house and senate responsible 14 9 for developing a state budget and appropriating funds, the 14 10 chairpersons or their designated committee member and the 14 11 ranking minority party members or their designated committee 14 12 member of the committees on ways and means, and two members, 14 13 one appointed from the majority party of the senate by the 14 14 majority leader of the senate and one appointed from the 14 15 majority party of the house by the speaker of the house of 14 16 representatives. In each house, unless one of the members who 14 17 represent the committee on ways and means is also a member of 14 18 the legislative council, the person appointed from the 14 19 membership of the majority party in that house shall also be 14 20 appointed from the membership of the legislative council.The14 21legislative fiscal committee shall determine policies for the14 22legislative fiscal bureau and shall direct the administration14 23of performance audits and visitations, subject to the approval14 24of the legislative council.14 25 Sec. 12. Section 2.56, Code 2003, is amended to read as 14 26 follows: 14 27 2.56 CORRECTIONAL IMPACT STATEMENTS. 14 28 1. Prior to debate on the floor of a chamber of the 14 29 general assembly, a correctional impact statement shall be 14 30 attached to any bill, joint resolution, or amendment which 14 31 proposes a change in the law which creates a public offense, 14 32 significantly changes an existing public offense or the 14 33 penalty for an existing offense, or changes existing 14 34 sentencing, parole, or probation procedures. The statement 14 35 shall include information concerning the estimated number of 15 1 criminal cases per year that the legislation will impact, the 15 2 fiscal impact of confining persons pursuant to the 15 3 legislation, the impact of the legislation upon existing 15 4 correctional institutions, community-based correctional 15 5 facilities and services, and jails, the likelihood that the 15 6 legislation may create a need for additional prison capacity, 15 7 and other relevant matters. The statement shall be factual 15 8 and shall, if possible, provide a reasonable estimate of both 15 9 the immediate effect and the long-range impact upon prison 15 10 capacity. 15 112. a. The preliminary determination of whether a bill,15 12joint resolution, or amendment appears to require a15 13correctional impact statement shall be made by the legislative15 14service bureau, which shall send a copy of the bill, joint15 15resolution, or amendment, upon completion of the draft, to the15 16legislative fiscal director for review, unless the requestor15 17specifies the request is to be confidential.15 18b.2. a. When a committee of the general assembly reports 15 19 a bill, joint resolution, or amendment to the floor, the 15 20 committee shall state in the report whether a correctional 15 21 impact statement is or is not required. 15 22c.b. The legislativefiscal directorservices agency 15 23 shall review all bills and joint resolutions placed on the 15 24 calendar of either chamber of the general assembly, as well as 15 25 amendments filed to bills or joint resolutions on the 15 26 calendar, to determine whether a correctional impact statement 15 27 is required. 15 28d.c. A member of the general assembly may request the 15 29 preparation of a correctional impact statement by submitting a 15 30 request to the legislativefiscal bureauservices agency. 15 31 3. The legislativefiscal directorservices agency shall 15 32 cause to be preparedand shall approvea correctional impact 15 33 statement within a reasonable time after receiving a request 15 34 or determining that a proposal is subject to this section. 15 35 All correctional impact statements approved by the legislative 16 1fiscal directorservices agency shall be transmitted 16 2 immediately to either the chief clerk of the house or the 16 3 secretary of the senate, after notifying the sponsor of the 16 4 legislation that the statement has been prepared,for 16 5 publicationin the daily clip sheet. The chief clerk of the 16 6 house or the secretary of the senate shall attach the 16 7 statement to the bill, joint resolution, or amendment affected 16 8 as soon as it is available. 16 9 4. The legislativefiscal directorservices agency may 16 10 request the cooperation of any state department or agency or 16 11 political subdivision in preparing a correctional impact 16 12 statement. 16 13 5. A revised correctional impact statement shall be 16 14 prepared if the correctional impact has been changed by the 16 15 adoption of an amendment, and may be requested by a member of 16 16 the general assembly or be prepared upon a determination made 16 17 by the legislativefiscal directorservices agency. However, 16 18 a request for a revised correctional impact statement shall 16 19 not delay action on the bill, joint resolution, or amendment 16 20 unless so ordered by the presiding officer of the chamber. 16 21 Sec. 13. Section 2B.1, Code 2003, is amended to read as 16 22 follows: 16 23 2B.1 IOWA CODE AND ADMINISTRATIVE CODEDIVISIONS –16 24 EDITORS. 16 251. The Iowa Code and administrative code divisions are16 26established within the legislative service bureau.16 272.1. The director of the legislativeservice bureau16 28 services agency shall appoint the Iowa Code editor and the 16 29 administrative code editor, subject to the approval of the 16 30 legislative council, as provided in section 2.42. The Iowa 16 31 Code editor and the administrative code editor shall serveas16 32the heads of their respective divisions,at the pleasure of 16 33 the director of the legislativeservice bureau, and subject to16 34the approval of the legislative councilservices agency. 16 353.2. The Iowa Code and administrative codedivisions17 1 editors are responsible for the editing, compiling, and 17 2 proofreading of the publications they prepare, as provided in 17 3 this chapter. The Iowa Codedivisioneditor is entitled to 17 4 the temporary possession of the original enrolled Acts and 17 5 resolutions as necessary to prepare them for publication. 17 6 Sec. 14. Section 2B.5, Code 2003, is amended to read as 17 7 follows: 17 8 2B.5 DUTIES OF ADMINISTRATIVE CODEDIVISIONEDITOR. 17 9 The administrative codedivisioneditor shall: 17 10 1. Cause the Iowa administrative bulletin and the Iowa 17 11 administrative code to be published as provided in chapter 17 12 17A. 17 13 2. Cause the Iowa court rules to be published and 17 14 distributed, as directed by the supreme court after 17 15 consultation with the legislative council. The Iowa court 17 16 rules shall consist of all rules prescribed by the supreme 17 17 court.The court rules shall be published in loose-leaf form17 18and supplements shall be prepared and distributed as directed17 19by the supreme court.The Iowa court rules and supplements to 17 20 the court rules shall be priced as provided in section7A.2217 21 2E.5. 17 22 3. Cause to be published annuallyin pamphlet forma 17 23 correct list of state officers and deputies, members of boards 17 24 and commissions,judgesjustices of the supreme court, 17 25appellatejudges of the court of appeals, and judges of the 17 26 district courts including district associate judges and 17 27 judicial magistrates, and members of the general assembly. 17 28 The offices of the governor and secretary of state shall 17 29 cooperate in the preparation of the list.This pamphlet shall17 30be published as soon after July 1 as it becomes apparent that17 31it will be reasonably current.17 32 4. Notify the administrative rules coordinator if a rule 17 33 is not in proper style or form. 17 34 5. Perform other duties as directed by the director of the 17 35 legislativeservice bureauservices agency, the legislative 18 1 council, or the administrative rules review committee and as 18 2 provided by law. 18 3 Sec. 15. Section 2B.6, Code 2003, is amended to read as 18 4 follows: 18 5 2B.6 DUTIES OF IOWA CODEDIVISIONEDITOR. 18 6 The Iowa Codedivisioneditor shall: 18 7 1. Submit recommendations as the Iowa Code editor deems 18 8 proper to each general assembly for the purpose of amending, 18 9 revising, codifying, and repealing portions of the statutes 18 10 which are inaccurate, inconsistent, outdated, conflicting, 18 11 redundant, or ambiguous, and present the recommendations in 18 12 bill form to the appropriate committees of the general 18 13 assembly. 18 14 2. Cause the annualsession lawsIowa Acts to be 18 15 published, as provided in section 2B.10, including copies of 18 16 all Acts and joint resolutions passed at each session of the 18 17 general assembly. 18 18 3. Cause the Iowa Code and Iowa Code Supplement to be 18 19 published as provided in section 2B.12. 18 20 4. Perform other duties as directed by the director of the 18 21 legislativeservice bureauservices agency or the legislative 18 22 council and as provided by law. 18 23 Sec. 16. Section 2B.10, subsection 5, Code 2003, is 18 24 amended to read as follows: 18 25 5. The enrolling clerks of the house and senate shall 18 26 arrange for the Iowa Codedivisioneditor to receive suitable 18 27 copies of all Acts and resolutions as soon as they are 18 28 enrolled. 18 29 Sec. 17. Section 2B.12, subsection 6, paragraph f, Code 18 30 2003, is amended to read as follows: 18 31 f. The Constitution of the State of Iowa, original and 18 32 codified versions. 18 33 Sec. 18. Section 2B.13, Code 2003, is amended to read as 18 34 follows: 18 35 2B.13 EDITORIAL POWERS AND DUTIES. 19 1 1. The Iowa Code editor in preparing the copy for an 19 2 edition of the Iowa Code oraIowa Code Supplement, and the19 3administrative code editor in preparing the copy for an19 4edition of the Iowa administrative code or bulletinshall not 19 5 alter the sense, meaning, or effect of any Act of the general 19 6 assembly, but may: 19 7 a. Correct manifestly misspelled words and grammatical and 19 8 clerical errors, including punctuationbut without changing19 9the meaning, and change capitalization, spelling, and 19 10 punctuation for purposes of uniformity and consistency in Code 19 11 language. 19 12 b. Correct internal references to sections which are cited 19 13 erroneously or have been repealed,andamended, or renumbered. 19 14 c. Substitute the proper chapter, section, subsection, or 19 15 other statutory reference for the term "this Act" or 19 16 references to another Act of the general assembly when there 19 17 appears to be no doubt as to the proper method of making the 19 18 substitution. 19 19 d. Substitute the proper date for references to the 19 20 effective or applicability dates of an Act when there appears 19 21 to be no doubt as to the proper method of making the 19 22 substitution. 19 23 e. Correct names of agencies, officers, or other entities 19 24which have been changed,when there appears to be no doubt as 19 25 to the propermethodsmethod of making thecorrections19 26 correction.The Code editor shall maintain a record of the19 27corrections made under this paragraph. The record shall be19 28available to the public.19 29c.f. Transfer, divide, or combine sections or parts of 19 30 sections and add or amend headnotes to sections and 19 31 subsections. Pursuant to section 3.3, the headnotes are not 19 32 part of the law. 19 33 g. Change words that designate one gender to reflect both 19 34 genders when the provisions apply to both genders. 19 35 h. If any Code section or part of a Code section, or any 20 1 Act of the general assembly which is intended to be codified, 20 2 is amended by more than one Act or more than one provision in 20 3 an Act of the general assembly, and the amendments do not 20 4 expressly refer to or amend one of the other Acts or Act 20 5 provisions in question, harmonize the amendments, if possible, 20 6 so that effect may be given to each and incorporate the 20 7 amendments as harmonized in the Code section. If amendments 20 8 made by several Acts are irreconcilable, unless one of the 20 9 amendments repeals or strikes the language in question, the 20 10 Iowa Code editor shall codify the amendment that is latest in 20 11 date of enactment by the general assembly. If amendments made 20 12 by provisions within an Act are irreconcilable, unless one of 20 13 the amendments repeals or strikes the language in question, 20 14 the Iowa Code editor shall codify the provision listed last in 20 15 the Act. If one of the amendments repeals or strikes the 20 16 language in question, the Iowa Code editor shall codify the 20 17 amendment that repeals or strikes the language. 20 182. The Iowa Code editor may prepare and publish comments20 19deemed necessary for a proper explanation of the manner of20 20printing a section or chapter of the Iowa Code.20 213. The Iowa Code editor, in preparing the copy for an20 22edition of the Iowa Code or a Code Supplement, and the20 23administrative code editor in preparing the copy for an20 24edition of the Iowa administrative code, shall edit the copy20 25in order that words which designate one gender are changed to20 26reflect both genders when the provisions of law apply to20 27persons of both genders.20 28 2. The administrative code editor in preparing the copy 20 29 for an edition of the Iowa administrative code or bulletin 20 30 shall not alter the sense, meaning, or effect of any rule, but 20 31 may: 20 32 a. Correct misspelled words and grammatical and clerical 20 33 errors, including punctuation, and change capitalization, 20 34 spelling, and punctuation for purposes of uniformity and 20 35 consistency. 21 1 b. Correct references to rules or sections which are cited 21 2 erroneously or have been repealed, amended, or renumbered. 21 3 c. Correct names of agencies, officers, or other entities 21 4 when there appears to be no doubt as to the proper method of 21 5 making the correction. 21 6 d. Transfer, divide, or combine rules or parts of rules 21 7 and add or amend catchwords to rules and subrules. 21 8 e. Change words that designate one gender to reflect both 21 9 genders when the provisions apply to both genders. 21 10 f. Perform any other editorial tasks required or 21 11 authorized by section 17A.6. 21 12 3. The Iowa Code editor may, in preparing the copy for an 21 13 edition of the Iowa Code or Iowa Code Supplement, establish 21 14 standards for and change capitalization, spelling, and 21 15 punctuation in any Code provision for purposes of uniformity 21 16 and consistency in Code language. The administrative code 21 17 editor may establish standards for capitalization, spelling, 21 18 and punctuation for purposes of uniformity and consistency in 21 19 the administrative code. 21 20 4. The Iowa Code editor shall seek direction from the 21 21 senate committee on judiciary and the house committee on 21 22 judiciary when making Iowa Code or Iowa Code Supplement 21 23 changes, and the administrative code editor shall seek 21 24 direction from the administrative rules review committee and 21 25 the administrative rules coordinator when making Iowa 21 26 administrative code changes, which appear to require 21 27 substantial editing and which might otherwise be interpreted 21 28 to exceed the scope of the authority granted in this section. 21 29 5. The Iowa Code editor may prepare and publish comments 21 30 deemed necessary for a proper explanation of the manner of 21 31 printing a section or chapter of the Iowa Code. The Iowa Code 21 32 editor shall maintain a record of all of the corrections made 21 33 under subsection 1. The Iowa Code editorand the21 34administrative code editorshall also maintain a separate 21 35 record of the changes made underthis sectionsubsection 1, 22 1 paragraphs "b" through "h". Therecordrecords shall be 22 2 available to the public. 22 3 6. The Iowa Code editor and the administrative code editor 22 4 shall not make editorial changes which go beyond the authority 22 5 granted in this section or other law. 22 6 7. The effective date of all editorial changes in an 22 7 edition of the Iowa Code oraIowa Code Supplement is the 22 8effectivedate of theselling priceIowa Code editor's 22 9 approval of the final press proofs for the statutory text 22 10 contained within that publicationas established by the22 11legislative council or the legislative council's designee. 22 12 The effective date of all editorial changes for the Iowa 22 13 administrative code is the date those changes are published in 22 14 the Iowa administrative code. 22 15 Sec. 19. Section 2B.17, subsections 3 and 5, Code 2003, 22 16 are amended to read as follows: 22 17 3. The official printed versions of the Iowa Code, Code 22 18 Supplement, andsession lawsIowa Acts published under 22 19 authority of the state are the only authoritative publications 22 20 of the statutes of this state.No otherOther publications of 22 21 the statutes of the state shall not be cited in the courts or 22 22 in the reports or rules of the courts. The Iowa Code editor 22 23 is the custodian of the official printed versions of the Iowa 22 24 Code, Iowa Code Supplement, and Iowa Acts and may attest to 22 25 and authenticate any portion of those official printed 22 26 versions for purposes of admitting a portion of the official 22 27 printed version in any court or office of any state, 22 28 territory, or possession of the United States or in a foreign 22 29 jurisdiction. 22 30 5. The printed version of the Iowa administrative code is 22 31 the permanent publication of administrative rules in this 22 32 state and the Iowa administrative bulletin and the Iowa 22 33 administrative code published pursuant to chapter 17A are the 22 34 official publications of the administrative rules of this 22 35 state, and are the only authoritative publications of the 23 1 administrative rules of this state. Other publications of the 23 2 administrative rules of this state shall not be cited in the 23 3 courts or in the reports or rules of the courts. The Iowa 23 4 administrative code editor is the custodian of the official 23 5 printed versions of the Iowa administrative code and the Iowa 23 6 administrative bulletin and may attest to and authenticate any 23 7 portion of those official printed versions for purposes of 23 8 admitting a portion of the official printed version in any 23 9 court or office of any state, territory, or possession of the 23 10 United States or in a foreign jurisdiction. 23 11 Sec. 20. Section 2B.21, Code 2003, is amended to read as 23 12 follows: 23 13 2B.21 AVAILABILITY OF PARTS OF THE IOWA CODE AND 23 14 ADMINISTRATIVE CODE. 23 15 The Iowa Codedivisioneditor and the administrative code 23 16divisioneditor, in accordance with policies established by 23 17 the legislative council, may cause parts of the Iowa Code or 23 18 administrative code to be made available for the use of public 23 19 officers and other persons. This authority shall be exercised 23 20 in a manner planned to avoid delay in the other publications 23 21 of thedivisionseditors. 23 22 Sec. 21. Section 7E.6, subsection 7, Code 2003, is amended 23 23 by striking the subsection. 23 24 Sec. 22. Section 8.22A, subsection 1, Code 2003, is 23 25 amended to read as follows: 23 26 1. The state revenue estimating conference is created 23 27 consisting of the governor or the governor's designee, the 23 28 director of the legislativefiscal bureauservices agency or 23 29 the director's designee, and a third member agreed to by the 23 30 other two. 23 31 Sec. 23. Section 15A.9, subsection 11, Code 2003, is 23 32 amended by striking the subsection. 23 33 Sec. 24. Section 17A.6, subsection 1, unnumbered paragraph 23 34 1, Code 2003, is amended to read as follows: 23 35 The administrative code editor shall cause the Iowa 24 1 administrative bulletin to be published ina printed form24 2 accordance with section 2.42 at least every other week, unless 24 3 the administrative code editor and the administrative rules 24 4 review committee determine that an alternative publication 24 5 schedule is preferable.An electronic version of the Iowa24 6administrative bulletin may also be published as provided in24 7section 2.42.The Iowa administrative bulletin shall contain 24 8 all of the following: 24 9 Sec. 25. Section 17A.6, subsections 2, 3, and 5, Code 24 10 2003, are amended to read as follows: 24 11 2. Subject to the direction of the administrative rules 24 12 coordinator, the administrative code editor shall cause the 24 13 Iowa administrative code to be compiled, indexed, and 24 14 published in accordance with section 2.42 in aprinted loose-24 15leafform containing all rules adopted and filed by each 24 16 agency. The administrative code editor further shall cause 24 17loose-leafsupplements to the Iowa administrative code to be 24 18 published as determined by the administrative rules 24 19 coordinator and the administrative rules review committee, 24 20 containing all rules filed for publication in the prior time 24 21 period. The supplements shall be in such form that they may 24 22 be inserted in the appropriate places in the permanent 24 23 compilation. The administrative rules coordinator shall 24 24 devise a uniform numbering system for rules and may renumber 24 25 rules before publication to conform with the system.An24 26electronic version of the Iowa administrative code may also be24 27published as provided in section 2.42.24 28 3. The administrative code editor may omit or cause to be 24 29 omitted from the Iowa administrative code or bulletin any rule 24 30 the publication of which would be unduly cumbersome, expensive 24 31 or otherwise inexpedient, if the rule inprinted orprocessed 24 32 form is made available on application to the adopting agency 24 33 at no more than its cost of reproduction, and if the Iowa 24 34 administrative code or bulletin contains a notice stating the 24 35 specific subject matter of the omitted rule and stating how a 25 1 copy of the omitted rule may be obtained. 25 2 The administrative code editor shall omit or cause to be 25 3 omitted from the Iowa administrative code any rule or portion 25 4 of a rule nullified by the general assembly pursuant to 25 5 Article III, section 40, of the Constitution of the State of 25 6 Iowa. 25 7 5. The Iowa administrative code, its supplements, and the 25 8 Iowa administrative bulletin shall be made available upon 25 9 request to all persons who subscribe to any of themthrough25 10the state printing division.Copies of this code so made25 11available shall be kept current by the division.25 12 Sec. 26. Section 17A.8, subsection 10, Code 2003, is 25 13 amended by striking the subsection. 25 14 Sec. 27. Section 18.3, subsection 3, Code 2003, is amended 25 15 to read as follows: 25 16 3. Administering the provisions of sections 18.26 to 25 1718.10318.100. 25 18 Sec. 28. Section 18.28, Code 2003, is amended to read as 25 19 follows: 25 20 18.28 "PRINTING" DEFINED. 25 21 As used in chapter 7A and sections 18.26 to18.10318.100, 25 22 "printing" means the reproduction of an image from a printing 25 23 surface made generally by a contact impression that causes a 25 24 transfer of ink, the reproduction of an impression by a 25 25 photographic process, or the reproduction of an image by 25 26 electronic means and shall include binding and may include 25 27 material, processes, or operations necessary to produce a 25 28 finished printed product, but shall not include binding, 25 29 rebinding or repairs of books, journals, pamphlets, magazines 25 30 and literary articles by any library of the state or any of 25 31 its offices, departments, boards and commissions held as a 25 32 part of their library collection. 25 33 Sec. 29. NEW SECTION. 18.28A LEGISLATIVE BRANCH 25 34 EXCLUDED. 25 35 This chapter does not apply to the printing contracts or 26 1 procedures of the legislative branch. 26 2 Sec. 30. Section 18.30, Code 2003, is amended to read as 26 3 follows: 26 4 18.30 CONTRACTS WITH STATE INSTITUTIONS. 26 5 The director may, without advertising for bids, enter into 26 6 contracts or make provision for doing any of the work coming 26 7 under the provisions of chapter 7A and sections 18.26 to 26 818.10318.100 at any school or institution under the ownership 26 9 or control of the state. The work shall be done under 26 10 conditions substantially the same as those provided for in the 26 11 case of contracts with individuals and the same standard of 26 12 quality or product shall be required. 26 13 Sec. 31. Section 18.50, Code 2003, is amended to read as 26 14 follows: 26 15 18.50 EMERGENCY CONTRACTS. 26 16 The director may at any time award a separate printing 26 17 contract or may authorize an assistant to award a separate 26 18 printing contract for any work and materials or printing 26 19 supplies within the provisions of chapter 7A and sections 26 20 18.26 to18.10318.100 which are not included in current 26 21 printing contracts or which cannot properly be made the 26 22 subject of a general contract. A separate printing contract 26 23 must have been duly solicited by the director from vendors 26 24 engaged in the kind of work under consideration who have 26 25 indicated a desire to bid on the class of work to be 26 26 performed. 26 27 Sec. 32. Section 18.59, subsection 5, Code 2003, is 26 28 amended to read as follows: 26 29 5. To avoid duplication, overlapping, and redundancy of 26 30 pamphlets and publications, other than legislative branch 26 31 publications and official documents and books and publications 26 32 authorized bychapters 2B andchapter 7A, to examine the 26 33 contents of proposed pamphlets or publications and to approve 26 34 or disapprove such pamphlets or publications only for such 26 35 reason; and to effectuate this power, the director shall adopt 27 1 rules for its administration. 27 2 Sec. 33. Section 18.75, subsections 6 and 8, Code 2003, 27 3 are amended to read as follows: 27 46. Have legal custody of all Codes, session laws, books of27 5annotations, tables of corresponding sections, publications,27 6except premium lists published by the Iowa state fair board,27 7containing reprints of statutes or administrative rules, or27 8both, reports of state departments, and reports of the supreme27 9court, and sell, account for, and distribute the same as27 10provided by law. However, the legislative service bureau27 11shall solicit and process orders for the distribution of all27 12printed Codes, session laws, administrative codes and27 13bulletins, court rules, and the state roster.27 14 8. By November 1 of each year supply a report which 27 15 contains the name, gender, county, or city of residence when 27 16 possible, official title, salary received during the previous 27 17 fiscal year, base salary as computed on July 1 of the current 27 18 fiscal year, and traveling and subsistence expense of the 27 19 personnel of each of the departments, boards, and commissions 27 20 of the state government except personnel who receive an annual 27 21 salary of less than one thousand dollars. The number of the 27 22 personnel and the total amount received by them shall be shown 27 23 for each department in the report. All employees who have 27 24 drawn salaries, fees, or expense allowances from more than one 27 25 department or subdivision shall be listed separately under the 27 26 proper departmental heading. On the request of the 27 27 administrator, the head of each department, board, or 27 28 commission shall furnish the data covering that agency. The 27 29 report shall be distributed upon requestwithout charge27 30 electronically to each caucus of the general assembly, the 27 31 legislativeservice bureau, the legislative fiscal bureau27 32 services agency, the chief clerk of the house of 27 33 representatives, and the secretary of the senate. Copies of 27 34 the report shall be made available to other persons inboth27 35print orelectronic medium, upon payment of a fee if 28 1 appropriate, which shall not exceed the cost of providing the 28 2 copy of the report. Sections 22.2 through 22.6 apply to the 28 3 report. All funds from the sale of the report shall be 28 4 deposited in the general fund. Requests for publications 28 5 shall be handled only upon receipt of postage by the 28 6 administrator. 28 7 Sec. 34. Section 22.3A, subsection 2, paragraph a, Code 28 8 2003, is amended to read as follows: 28 9 a. The amount charged for access to a public record shall 28 10 be not more than that required to recover direct publication 28 11 costs, including but not limited to editing, compilation, and 28 12 media production costs, incurred by the government body in 28 13 developing the data processing software, and preparing the 28 14 data processing software for transfer to the person. The 28 15 amount shall be in addition to any other fee required to be 28 16 paid under this chapter for the examination and copying of a 28 17 public record. If a person accesses a public record stored in 28 18 an electronic format that does not require formatting, 28 19 editing, or compiling to access the public record, the charge 28 20 for providing the accessed public record shall not exceed the 28 21 reasonable cost of accessing that public record. The 28 22 government body shall, if requested, provide documentation 28 23 which explains and justifies the amount charged. This 28 24 paragraph shall not apply to any publication for which a price 28 25 has been established pursuant to another section, including 28 26 section7A.222E.5. 28 27 Sec. 35. Section 25B.5, Code 2003, is amended to read as 28 28 follows: 28 29 25B.5 COST ESTIMATES – NOTATION IN ACTS. 28 30 1. When a bill or joint resolution is requested, the 28 31 legislativeservice bureauservices agency shall make an 28 32 initial determination of whether the bill or joint resolution 28 33 may impose a state mandate. If a state mandate may be 28 34 included, that fact shall be included in the explanation of 28 35 the bill or joint resolution. 29 1 2. If a bill or joint resolution may include a state 29 2 mandate,a copy of the prepared draft shall be sent tothe 29 3 legislativefiscal bureau whichservices agency shall 29 4 determine if the bill or joint resolution contains a state 29 5 mandate. If the bill or joint resolution contains a state 29 6 mandate and is still eligible for consideration during the 29 7 legislative session for which the bill or joint resolution was 29 8 drafted, the legislativefiscal bureauservices agency shall 29 9 prepare an estimate of the amount of costs imposed. 29 10 3. If a bill or joint resolution containing a state 29 11 mandate is enacted, unless the estimate already on file with 29 12 the house of origin is sufficient, the legislativefiscal29 13bureauservices agency shall prepare a final estimate of 29 14 additional local revenue expenditures required by the state 29 15 mandate and file the estimate with the secretary of state for 29 16 inclusion with the official copy of the bill or resolution to 29 17 which it applies. A notation of the filing of the estimate 29 18 shall be made in the Iowa Actsof the general assembly29 19 published pursuant to chapter 2B. 29 20 Sec. 36. Section 97D.4, subsection 4, unnumbered paragraph 29 21 2, Code 2003, is amended to read as follows: 29 22 Administrative assistance shall be provided by the 29 23 legislativeservice bureau and the legislative fiscal bureau29 24 services agency. 29 25 Sec. 37. Section 256.53, Code 2003, is amended to read as 29 26 follows: 29 27 256.53 STATE PUBLICATIONS. 29 28 Upon issuance of a state publication in any format, a state 29 29 agency shall deposit with the division at no cost to the 29 30 division, seventy-five copies of the publication or a lesser 29 31 number if specified by the division, except as provided in 29 32 section 2E.6. 29 33 Sec. 38. Section 331.502, subsection 3, Code 2003, is 29 34 amended by striking the subsection. 29 35 Sec. 39. Section 602.1204, subsection 3, Code 2003, is 30 1 amended to read as follows: 30 2 3. The supreme court shall compile and publish all 30 3 procedures and directives relating to the supervision and 30 4 administration of the internal affairs of the judicial branch, 30 5 and shall distribute a copy of the compilation and all 30 6 amendments to each operating component of the judicial branch. 30 7Copies also shall be distributed to agencies referred to in30 8section 18.97 upon request.30 9 Sec. 40. Sections 2.14, 2.16, 2.35, 2.45, 2.61, 2D.3, 3.2, 30 10 7A.11, 15E.111, 23A.2A, 28B.1, 28B.4, 42.2, 42.3, 42.6, 49.7, 30 11 275.23A, 331.209, and 602.4202, Code 2003, are amended by 30 12 striking from the sections the words "legislative service 30 13 bureau" and "bureau" when referring to the legislative service 30 14 bureau and inserting in lieu thereof the words "legislative 30 15 services agency". 30 16 Sec. 41. Sections 2.46, 2.51, 2B.10, 7E.5A, 8.23, 8.35A, 30 17 8.44, 8.46, 8.55, 8.61, 8.62, 8E.209, 8E.301, 12E.13, 14B.103, 30 18 14B.105, 14B.206, 15.113, 15.343, 18.16A, 18.16B, 80E.1, 30 19 97B.17, 135.11, 161D.8, 161D.13, 217.12, 237.18, 255.24A, 30 20 260C.66, 261.22, 261.25, 262.64A, 262A.13, 263A.11, 263A.13, 30 21 266.39D, 266.39F, 292.2, 294A.19, 307.20, 307.40, 307.46, 30 22 307.47, 327J.3, 384.3, 403.23, 404A.5, 421.17, 422.72, 30 23 455B.183A, 455G.4, 505.7, 524.207, 533.67, 602.1301, 602.1302, 30 24 602.8108, 904.116, 904.706, 905.6, 905.8, and 906.5, Code 30 25 2003, are amended by striking from the sections the words 30 26 "legislative fiscal bureau" and inserting in lieu thereof the 30 27 words "legislative services agency". 30 28 Sec. 42. CODE EDITOR'S DIRECTIVE. The Code editor shall 30 29 correct any references to the legislative services agency as 30 30 the successor to the legislative service bureau, legislative 30 31 fiscal bureau, and computer support bureau, including 30 32 grammatical constructions, anywhere else in the Iowa Code, in 30 33 any bills awaiting codification, and in any bills enacted by 30 34 the Eightieth General Assembly, 2003 Regular Session. 30 35 Sec. 43. Sections 2.48, 2.49, 2.50, 2.52, 2.55, 2.55A, 31 1 2.58, 2.59, 2.60, 2.64, 2.65, 2.66, 2.67, 2.100, 2.101, 2.102, 31 2 2.103, 2.104, 7A.15, 7A.16, 7A.17, 7A.18, 7A.19, 7A.21, 7A.22, 31 3 7A.25, 7A.26, 18.86, 18.87, 18.88, 18.89, 18.90, 18.95, 18.96, 31 4 18.97, 18.97A, 18.101, 18.102, and 18.103, Code 2003, are 31 5 repealed. 31 6 Sec. 44. EFFECTIVE DATE. This Act, being deemed of 31 7 immediate importance, takes effect upon enactment. 31 8 EXPLANATION 31 9 This bill relates to legislative branch consolidation of 31 10 certain of its functions. 31 11 CONSOLIDATED AGENCY. The bill creates a single, 31 12 nonpartisan legislative services agency by combining the 31 13 functions and duties of the legislative service bureau, 31 14 legislative fiscal bureau, and legislative computer support 31 15 bureau. The bill provides for continued oversight of the new 31 16 agency by the legislative council. State agencies are 31 17 required to provide information, including certain 31 18 confidential information, needed by the agency to fulfill its 31 19 responsibilities. The director retains subpoena authority to 31 20 enforce access to such information. Employees of the 31 21 legislative services agency are protected from being compelled 31 22 to give testimony or to appear and produce documentary 31 23 evidence in a judicial or quasi-judicial proceeding if the 31 24 testimony or documentary evidence sought relates to a 31 25 legislative duty or act performed by the employee. 31 26 LEGISLATIVE SERVICE BUREAU FUNCTIONS. The bill transfers 31 27 the legislative service bureau's legal analysis, legal 31 28 drafting, congressional and legislative redistricting, legal 31 29 publications, standing, statutory, and interim committee 31 30 staffing, legislative information, legislative visitor 31 31 protocol, and capitol tour guide responsibilities to the new 31 32 agency. With respect to legal and legislative analysis, the 31 33 bill preserves the current statutory requirement that such 31 34 analysis not contain public policy recommendations. Legal 31 35 analysis is required to be provided through the exercise of 32 1 attorney-employees' independent, professional judgment. 32 2 LEGISLATIVE FISCAL BUREAU FUNCTIONS. The bill transfers 32 3 the legislative fiscal bureau's state expenditure, revenue, 32 4 and budget review and analysis, fiscal note preparation, 32 5 revenue and budget, statutory, standing committee and 32 6 subcommittee, and interim committee staffing, and program 32 7 evaluation responsibilities to the new agency. With respect 32 8 to the budget and revenue committees, the bill preserves the 32 9 current statutory authority of the legislative fiscal bureau 32 10 to advise the committees when requested, and to make inquiries 32 11 and suggestions with respect to state agency budget hearings. 32 12 The bill strikes the requirement of the legislative fiscal 32 13 bureau to conduct every five years an economic cost-benefit 32 14 analysis of each quality jobs enterprise zone. 32 15 COMPUTER SUPPORT BUREAU FUNCTIONS. The bill transfers the 32 16 computer support bureau's legislative computer systems 32 17 responsibilities to the new agency. 32 18 ADMINISTRATIVE RULES REVIEW COMMITTEE LEGAL ASSISTANCE. 32 19 The bill transfers to the new agency the responsibility of 32 20 providing legal assistance to the administrative rules review 32 21 committee. 32 22 OFFICIAL LEGAL PUBLICATIONS AND PROCUREMENT. The bill 32 23 authorizes the legislative services agency to set prices for 32 24 publication of the official versions of the Iowa Code, Iowa 32 25 Code Supplement, Iowa Acts, Iowa court rules, Iowa 32 26 administrative bulletin, and Iowa administrative code. The 32 27 bill updates the editorial powers and duties of the Iowa Code 32 28 and administrative code editors in Code chapters 2B and 7E. 32 29 The effective date for editorial changes to the Iowa Code is 32 30 set on the date of approval by the Iowa Code editor of the 32 31 final press proofs for the statutory text of the Iowa Code. 32 32 The statutory provisions governing the distribution of these 32 33 official printed legal publications at no cost or at a price 32 34 covering distribution costs to state and local public 32 35 officials and offices are amended to continue providing the 33 1 distribution of these publications while attempting to 33 2 substitute more electronic publications for the printed 33 3 publications. The authorization to require some payment for 33 4 otherwise no-cost or distribution-cost copies is retained for 33 5 the legislative services agency. Procurement authority is 33 6 provided for the legislative services agency. The current 33 7 sales tax exemption for certain items sold by the legislative 33 8 service bureau is applied to items sold or services provided 33 9 by the legislative services agency. 33 10 SENATE AND HOUSE PUBLICATIONS. The bill provides that the 33 11 senate and house of representatives shall each publish and 33 12 determine procurement procedures for the publication of their 33 13 journals, bills, and amendments, and determine their 33 14 distribution. The bill repeals provisions in Code chapters 7A 33 15 and 18 relating to the state printing administrator's 33 16 responsibility for printing journals and bills and relating to 33 17 specific distribution requirements for the journals, official 33 18 registers, and bills with respect to members of the general 33 19 assembly, libraries, newspapers, county auditors, and the 33 20 public. 33 21 NONPARTISANSHIP AND LEGISLATIVE PRIVILEGES. Employees of 33 22 the new agency are prohibited from participating in partisan 33 23 political activities and shall not be identified as advocates 33 24 or opponents of issues subject to legislative debate except as 33 25 otherwise provided by law or by the legislative council. 33 26 Services provided by the new agency are required to be 33 27 provided in a manner so as to preserve the independence of the 33 28 general assembly as a constitutional body and to protect the 33 29 legislative privileges of the members and employees. 33 30 DIRECTOR OF CONSOLIDATED AGENCY. The director of the 33 31 agency is to be appointed by the legislative council. The 33 32 director supervises all functions and employees and outside 33 33 service providers of the new agency. 33 34 The director of the new agency or the director's designee 33 35 is named a member of the state revenue estimating conference 34 1 in Code chapter 8 and of the petroleum underground storage 34 2 tank fund board as is currently the case with the director of 34 3 the legislative fiscal bureau. 34 4 CODE REFERENCES AMENDED. Additional references in the Code 34 5 to the three separate legislative agencies are changed by an 34 6 alternative drafting style that references all Code sections 34 7 in which the current agency names are to be changed to the new 34 8 agency's name. 34 9 References to the legislative service bureau relate to the 34 10 following subject matters in the following Code sections: 34 11 performance of legislative functions, including legislative 34 12 standing committee staffing, drafting of state agency and 34 13 governor bills, preparation of legal and legislative research, 34 14 communications review committee staffing, employment of a 34 15 legislative branch protocol officer, bill drafting protocols, 34 16 filing of documents with the general assembly, private 34 17 industry competition notations in bills, interstate 34 18 cooperation commission staffing and expenses, congressional 34 19 and legislative redistricting, county, city, and school 34 20 district redistricting assistance, and supreme court rule 34 21 drafting protocols (Code sections 2.14, 2.16, 2.35, 2.61, 34 22 2D.3, 3.2, 7A.11, 23A.2A, 28B.1, 28B.4, 42.2, 42.3, 42.6, 34 23 49.7, 275.23A, 331.209, and 602.4202); and receipt of 34 24 information or reports (Code section 15E.111). 34 25 References to the legislative fiscal bureau relate to the 34 26 following subject matters in the following Code sections: 34 27 performance of legislative functions, including state mandate 34 28 notation, legislative visitation committee staffing, lease- 34 29 purchase notifications, confidential receipt of IPERS 34 30 information, access to tax information, petroleum underground 34 31 storage tank fund board membership (Code sections 2.51, 2B.10, 34 32 8.22A, 8.23, 8.35A, 8.46, 97B.17, 422.72, and 455G.4); and 34 33 receipt of notification of executive and judicial branch 34 34 actions; receipt of information, reports, or formal 34 35 submissions; and required consultation or coordination (Code 35 1 sections 2.46, 7E.5A, 8.23, 8.35A, 8.44, 8.46, 8.55, 8.61, 35 2 8.62, 8E.209, 8E.301, 12E.13, 14B.103, 14B.105, 14B.206, 35 3 15.113, 15.343, 18.16A, 18.16B, 80E.1, 135.11, 161D.8, 35 4 161D.13, 217.12, 237.18, 255.24A, 260C.66, 261.22, 261.25, 35 5 262.64A, 262A.13, 263A.11, 263A.13, 266.39D, 266.39F, 292.2, 35 6 294A.19, 307.20, 307.40, 307.46, 307.47, 327J.3, 384.3, 35 7 403.23, 404A.5, 421.17, 455B.183A, 505.7, 524.207, 533.67, 35 8 602.1301, 602.1302, 602.8108, 904.116, 904.706, 905.6, 905.8, 35 9 and 906.5). 35 10 REPEALS. The bill repeals numerous sections in Code 35 11 chapter 2 relating to the general assembly, the contents of 35 12 which are transferred, for the most part, to new Code chapter 35 13 2E. The bill also repeals several sections in Code chapters 35 14 7A and 18 relating to official publications, the contents of 35 15 which are transferred, in part, to new Code chapter 2E. 35 16 EFFECTIVE DATE. The bill takes effect upon enactment. 35 17 LSB 3052SV 80 35 18 rj/cf/24
Text: SF00364 Text: SF00366 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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