S.F. 266 Section 1. Section 22.2, subsection 3, paragraph b, Code 1 2015, is amended to read as follows: 2 b. Data processing software developed by the government 3 body or developed by a nongovernment body and used by a 4 government body pursuant to a contractual relationship with the 5 nongovernment body , as provided in section 22.3A . 6 Sec. 2. Section 22.3A, subsection 2, Code 2015, is amended 7 to read as follows: 8 2. a. A government body may provide, restrict, or prohibit 9 access to data processing software developed by the government 10 body or developed by a nongovernment body and used by a 11 government body pursuant to a contractual relationship with the 12 nongovernment body , regardless of whether the data processing 13 software is separated or combined with a public record. A 14 government body shall establish policies and procedures to 15 provide access to public records which are combined with 16 its data processing software. A public record shall not be 17 withheld from the public because it is combined with data 18 processing software. 19 b. A government body shall not acquire any electronic data 20 processing system for the storage, manipulation, or retrieval 21 of public records that would impair the government body’s 22 ability to permit the examination of a public record and the 23 copying of a public record in either written or electronic 24 form. 25 c. If it is necessary to separate a public record from 26 is only available as a part of or in combination with data 27 processing software in order to permit the examination or 28 copying of the public record, the government body shall bear 29 the cost of separation of the public record from the data 30 processing software. 31 d. The An electronic public record shall be made available 32 in a the format in which it is readily accessible to the 33 government body if that format is useable with commonly 34 available data processing or database management software. 35 -1- LSB 2311SS (2) 86 rh/rj 1/ 4

S.F. 266 The government body may make a public record available in a 1 specific format requested by a person that is different from 2 that in which the public record is readily accessible to the 3 government body and may charge the reasonable costs of any 4 required processing, programming, or other work required to 5 produce the public record in the specific format in addition to 6 any other costs allowed under this chapter. 7 e. The cost chargeable to a person receiving a public record 8 separated from data processing software under this subsection 9 shall not be in excess of the charge under this chapter unless 10 the person receiving the public record requests that the public 11 record be specially processed or produced in a format different 12 from that in which the public record is readily accessible to 13 the government body . 14 f. A government body may establish payment rates and 15 procedures required to provide access to data processing 16 software, regardless of whether the data processing software 17 is separated from or combined with a public record. Proceeds 18 from payments may be considered repayment receipts, as defined 19 in section 8.2 . The payment amount shall be calculated as 20 follows: 21 a. (1) The amount charged for access to a public record 22 shall be not more than that required to recover direct 23 publication costs, including but not limited to editing, 24 compilation, and media production costs, incurred by the 25 government body in developing the data processing software 26 and preparing the data processing software for transfer to 27 the person. The amount shall be in addition to any other fee 28 required to be paid under this chapter for the examination and 29 copying of a public record. If a person accesses a public 30 record stored in an electronic format that does not require 31 formatting, editing, or compiling to access the public record, 32 the charge for providing the accessed public record shall not 33 exceed the reasonable cost of accessing that public record. 34 The government body shall, if requested, provide documentation 35 -2- LSB 2311SS (2) 86 rh/rj 2/ 4

S.F. 266 which explains and justifies the amount charged. This 1 paragraph subparagraph shall not apply to any publication for 2 which a price has been established pursuant to another section, 3 including section 2A.5 . 4 b. (2) If access to the data processing software is 5 provided to a person for a purpose other than provided in 6 paragraph “a” subparagraph (1) , the amount may be established 7 according to the discretion of the government body, and may be 8 based upon competitive market considerations as determined by 9 the government body. 10 Sec. 3. Section 22.7, subsection 33, Code 2015, is amended 11 to read as follows: 12 33. Data processing software, as defined in section 22.3A , 13 which is developed by a government body or developed by a 14 nongovernment body and used by a government body pursuant to a 15 contractual relationship with the nongovernment body . 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to public access to data processing 20 software under Iowa’s open records law (Code chapter 22). 21 Under current law, a government body may provide, restrict, 22 or prohibit access to data processing software developed 23 by the government body, regardless of whether the data 24 processing software is separated or combined with a public 25 record. A government body is required to establish policies 26 and procedures to provide access to public records that are 27 combined with its data processing software. A public record 28 cannot be withheld from the public because it is combined with 29 data processing software. A government body may establish 30 payment rates and procedures required to provide access to data 31 processing software, regardless of whether the data processing 32 software is separated from or combined with a public record. 33 Under Code chapter 22, “government body” means this state, 34 or any county, city, township, school corporation, political 35 -3- LSB 2311SS (2) 86 rh/rj 3/ 4

S.F. 266 subdivision, or tax-supported district; certain nonprofit 1 corporations; the governing body of a drainage or levee 2 district; or any other entity of this state; or any branch, 3 department, board, bureau, commission, council, committee, 4 official, or officer or employee of any of the foregoing. 5 The bill provides that a government body may provide, 6 restrict, or prohibit access to data processing software 7 developed by a nongovernment body and used by a government body 8 pursuant to a contractual relationship with the nongovernment 9 body. 10 The bill requires a government body to make an electronic 11 public record available in the format in which it is readily 12 accessible to the government body if that format is useable 13 with commonly available data processing or database management 14 software. The government body may make a public record 15 available in a specific format requested by a person that is 16 different from that in which the public record is readily 17 accessible to the government body and may charge the reasonable 18 costs of any required processing, programming, or other work 19 required to produce the public record in the specific format, 20 in addition to any other costs allowed under Code chapter 21 22. If the person receiving a public record requests that the 22 public record be specially processed or produced in a format 23 different from that in which the public record is readily 24 accessible to the government body, the costs chargeable to the 25 person may be higher. 26 Conforming Code changes are made in the bill to Code 27 sections 22.2 (access to data processing software) and 22.7 28 (confidential records exceptions). 29 -4- LSB 2311SS (2) 86 rh/rj 4/ 4