House Study Bill 240

                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            ADMINISTRATION AND RULES
                                            BILL BY CHAIRPERSON ROBERTS)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to legislative branch consolidation of functions
  2    by combining the legislative service bureau, legislative
  3    fiscal bureau, and legislative computer support bureau into a
  4    single central legislative staff agency, providing for
  5    legislative publications procedures, modifying the sales tax
  6    exemption for items sold or services provided by the new
  7    agency, including related matters, and providing an effective
  8    date.
  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
 10 TLSB 1164YC 80
 11 rj/cf/24

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 shall cause the journals to
 12 14 be bound and preserved as preserve 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 legislative service bureau, including the priority to be given
 13  6 to research requests and the distribution of research reports
 13  7 services agency.
 13  8    2.  To appoint the director of the legislative service
 13  9 bureau services 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 editor and establish the salaries of
 13 13 the 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 section 7A.22 2E.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 the session laws Iowa 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 the session laws Iowa
 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 the session laws Iowa
 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  7 session laws the 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 13    14.  To establish policies for the operation of the
 14 14 legislative fiscal bureau.
 14 15    15.  To appoint the director of the legislative fiscal
 14 16 bureau 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 legislative service bureau, legislative fiscal bureau,
 14 19 computer 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 22    18.  To establish policies for the operation of the
 14 23 computer support bureau.
 14 24    19.  To appoint the director of the computer support bureau
 14 25 for 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.  The
 15  9 legislative fiscal committee shall determine policies for the
 15 10 legislative fiscal bureau and shall direct the administration
 15 11 of performance audits and visitations, subject to the approval
 15 12 of 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 34    2.  a.  The preliminary determination of whether a bill,
 15 35 joint resolution, or amendment appears to require a
 16  1 correctional impact statement shall be made by the legislative
 16  2 service bureau, which shall send a copy of the bill, joint
 16  3 resolution, or amendment, upon completion of the draft, to the
 16  4 legislative fiscal director for review, unless the requestor
 16  5 specifies the request is to be confidential.
 16  6    b. 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 10    c. b.  The legislative fiscal director services 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 16    d. 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 legislative fiscal bureau services agency.
 16 19    3.  The legislative fiscal director services agency shall
 16 20 cause to be prepared and shall approve a 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 24 fiscal director services 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 publication in 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 legislative fiscal director services 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 legislative fiscal director services 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 CODE DIVISIONS ==
 17 12 EDITORS.
 17 13    1.  The Iowa Code and administrative code divisions are
 17 14 established within the legislative service bureau.
 17 15    2. 1.  The director of the legislative service bureau
 17 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 serve as
 17 20 the heads of their respective divisions, at the pleasure of
 17 21 the director of the legislative service bureau, and subject to
 17 22 the approval of the legislative council services agency.
 17 23    3. 2.  The Iowa Code and administrative code divisions
 17 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 Code division editor 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 CODE DIVISION EDITOR.
 17 32    The administrative code division editor 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 form
 18  6 and supplements shall be prepared and distributed as directed
 18  7 by the supreme court.  The Iowa court rules and supplements to
 18  8 the court rules shall be priced as provided in section 7A.22
 18  9 2E.5.
 18 10    3.  Cause to be published annually in pamphlet form a
 18 11 correct list of state officers and deputies, members of boards
 18 12 and commissions, judges justices of the supreme court,
 18 13 appellate judges 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 shall
 18 18 be published as soon after July 1 as it becomes apparent that
 18 19 it 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 legislative service bureau services 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 CODE DIVISION EDITOR.
 18 29    The Iowa Code division editor 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 annual session laws Iowa 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 legislative service bureau services 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 Code division editor 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 or a Iowa Code Supplement, and the
 19 26 administrative code editor in preparing the copy for an
 19 27 edition of the Iowa administrative code or bulletin shall 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 punctuation but without changing
 19 32 the 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, and amended, 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 12 which have been changed, when there appears to be no doubt as
 20 13 to the proper methods method of making the corrections
 20 14 correction.  The Code editor shall maintain a record of the
 20 15 corrections made under this paragraph.  The record shall be
 20 16 available to the public.
 20 17    c. 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  6    2.  The Iowa Code editor may prepare and publish comments
 21  7 deemed necessary for a proper explanation of the manner of
 21  8 printing a section or chapter of the Iowa Code.
 21  9    3.  The Iowa Code editor, in preparing the copy for an
 21 10 edition of the Iowa Code or a Code Supplement, and the
 21 11 administrative code editor in preparing the copy for an
 21 12 edition of the Iowa administrative code, shall edit the copy
 21 13 in order that words which designate one gender are changed to
 21 14 reflect both genders when the provisions of law apply to
 21 15 persons 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 editor and the
 22 22 administrative code editor shall also maintain a separate
 22 23 record of the changes made under this section subsection 1,
 22 24 paragraphs "b" through "h".  The record records 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 or a Iowa Code Supplement is the
 22 31 effective date of the selling price Iowa Code editor's
 22 32 approval of the final press proofs for the statutory text
 22 33 contained within that publication as established by the
 22 34 legislative 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, and session laws Iowa Acts published under
 23  7 authority of the state are the only authoritative publications
 23  8 of the statutes of this state.  No other Other 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 Code division editor and the administrative code
 24  4 division editor, 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 the divisions editors.
 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 legislative fiscal bureau services 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 in a printed form
 24 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 Iowa
 24 29 administrative bulletin may also be published as provided in
 24 30 section 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 a printed loose=
 25  3 leaf form containing all rules adopted and filed by each
 25  4 agency.  The administrative code editor further shall cause
 25  5 loose=leaf supplements 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.  An
 25 14 electronic version of the Iowa administrative code may also be
 25 15 published 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 in printed or processed
 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 them through
 25 33 the state printing division.  Copies of this code so made
 25 34 available 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  5 18.103 18.100.
 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 to 18.103 18.100,
 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 31 18.103 18.100 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 to 18.103 18.100 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 by chapters 2B and chapter 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 27    6.  Have legal custody of all Codes, session laws, books of
 27 28 annotations, tables of corresponding sections, publications,
 27 29 except premium lists published by the Iowa state fair board,
 27 30 containing reprints of statutes or administrative rules, or
 27 31 both, reports of state departments, and reports of the supreme
 27 32 court, and sell, account for, and distribute the same as
 27 33 provided by law.  However, the legislative service bureau
 27 34 shall solicit and process orders for the distribution of all
 27 35 printed Codes, session laws, administrative codes and
 28  1 bulletins, 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 request without charge
 28 18 electronically to each caucus of the general assembly, the
 28 19 legislative service bureau, the legislative fiscal bureau
 28 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 in both
 28 23 print or electronic 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 section 7A.22 2E.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 legislative service bureau services 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 to the
 29 26 legislative fiscal bureau which services 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 legislative fiscal bureau services 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 legislative fiscal
 30  1 bureau services 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 Acts of the general assembly
 30  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 legislative service bureau and the legislative fiscal bureau
 30 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 30 Copies also shall be distributed to agencies referred to in
 30 31 section 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