Bill Text: IA HF505 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to public access to data processing software under Iowa's open records law. (Formerly HF 338)
Sponsorship: Committee Bill
Status: (Introduced - Dead) 2015-04-07 - Withdrawn. H.J. 762. [HF505 Detail]
Download: Iowa-2015-HF505-Introduced.html
House File 505 - Introduced HOUSE FILE BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 338) A BILL FOR 1 An Act relating to public access to data processing software 2 under Iowa's open records law. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2311HV (1) 86 rh/rj PAG LIN 1 1 Section 1. Section 22.2, subsection 3, paragraph b, Code 1 2 2015, is amended to read as follows: 1 3 b. Data processing software developed by the government 1 4 body or developed by a nongovernment body and used by a 1 5 government body pursuant to a contractual relationship with the 1 6 nongovernment body, as provided in section 22.3A. 1 7 Sec. 2. Section 22.3A, subsection 2, Code 2015, is amended 1 8 to read as follows: 1 9 2. a. A government body may provide, restrict, or prohibit 1 10 access to data processing software developed by the government 1 11 body or developed by a nongovernment body and used by a 1 12 government body pursuant to a contractual relationship with the 1 13 nongovernment body, regardless of whether the data processing 1 14 software is separated or combined with a public record. A 1 15 government body shall establish policies and procedures to 1 16 provide access to public records which are combined with 1 17 its data processing software. A public record shall not be 1 18 withheld from the public because it is combined with data 1 19 processing software. 1 20 b. A government body shall not acquire any electronic data 1 21 processing system for the storage, manipulation, or retrieval 1 22 of public records that would impair the government body's 1 23 ability to permit the examination of a public record and the 1 24 copying of a public record in either written or electronic 1 25 form. 1 26 c. Ifit is necessary to separatea public recordfrom 1 27is only available as a part of or in combination with data 1 28 processing software in order to permit the examination or 1 29 copying of the public record, the government body shall bear 1 30 the cost of separation of the public record from the data 1 31 processing software. 1 32 d.TheAn electronic public record shall be made available 1 33 inathe format in which it is readily accessible to the 1 34 government body if that format is useable with commonly 1 35 available data processing or database management software. 2 1 The government body may make a public record available in a 2 2 specific format requested by a person that is different from 2 3 that in which the public record is readily accessible to the 2 4 government body and may charge the reasonable costs of any 2 5 required processing, programming, or other work required to 2 6 produce the public record in the specific format in addition to 2 7 any other costs allowed under this chapter. 2 8 e. The cost chargeable to a person receiving a public record 2 9 separated from data processing software under this subsection 2 10 shall not be in excess of the charge under this chapter unless 2 11 the person receiving the public record requests that the public 2 12 record be specially processed or produced in a format different 2 13 from that in which the public record is readily accessible to 2 14 the government body. 2 15 f. A government body may establish payment rates and 2 16 procedures required to provide access to data processing 2 17 software, regardless of whether the data processing software 2 18 is separated from or combined with a public record. Proceeds 2 19 from payments may be considered repayment receipts, as defined 2 20 in section 8.2. The payment amount shall be calculated as 2 21 follows: 2 22a.(1) The amount charged for access to a public record 2 23 shall be not more than that required to recover direct 2 24 publication costs, including but not limited to editing, 2 25 compilation, and media production costs, incurred by the 2 26 government body in developing the data processing software 2 27 and preparing the data processing software for transfer to 2 28 the person. The amount shall be in addition to any other fee 2 29 required to be paid under this chapter for the examination and 2 30 copying of a public record. If a person accesses a public 2 31 record stored in an electronic format that does not require 2 32 formatting, editing, or compiling to access the public record, 2 33 the charge for providing the accessed public record shall not 2 34 exceed the reasonable cost of accessing that public record. 2 35 The government body shall, if requested, provide documentation 3 1 which explains and justifies the amount charged. This 3 2paragraphsubparagraph shall not apply to any publication for 3 3 which a price has been established pursuant to another section, 3 4 including section 2A.5. 3 5b.(2) If access to the data processing software is 3 6 provided to a person for a purpose other than provided in 3 7paragraph "a"subparagraph (1), the amount may be established 3 8 according to the discretion of the government body, and may be 3 9 based upon competitive market considerations as determined by 3 10 the government body. 3 11 Sec. 3. Section 22.7, subsection 33, Code 2015, is amended 3 12 to read as follows: 3 13 33. Data processing software, as defined in section 22.3A, 3 14 which is developed by a government body or developed by a 3 15 nongovernment body and used by a government body pursuant to a 3 16 contractual relationship with the nongovernment body. 3 17 EXPLANATION 3 18 The inclusion of this explanation does not constitute agreement with 3 19 the explanation's substance by the members of the general assembly. 3 20 This bill relates to public access to data processing 3 21 software under Iowa's open records law (Code chapter 22). 3 22 Under current law, a government body may provide, restrict, 3 23 or prohibit access to data processing software developed 3 24 by the government body, regardless of whether the data 3 25 processing software is separated or combined with a public 3 26 record. A government body is required to establish policies 3 27 and procedures to provide access to public records that are 3 28 combined with its data processing software. A public record 3 29 cannot be withheld from the public because it is combined with 3 30 data processing software. A government body may establish 3 31 payment rates and procedures required to provide access to data 3 32 processing software, regardless of whether the data processing 3 33 software is separated from or combined with a public record. 3 34 Under Code chapter 22, "government body" means this state, 3 35 or any county, city, township, school corporation, political 4 1 subdivision, or tax=supported district; certain nonprofit 4 2 corporations; the governing body of a drainage or levee 4 3 district; or any other entity of this state; or any branch, 4 4 department, board, bureau, commission, council, committee, 4 5 official, or officer or employee of any of the foregoing. 4 6 The bill provides that a government body may provide, 4 7 restrict, or prohibit access to data processing software 4 8 developed by a nongovernment body and used by a government body 4 9 pursuant to a contractual relationship with the nongovernment 4 10 body. 4 11 The bill requires a government body to make an electronic 4 12 public record available in the format in which it is readily 4 13 accessible to the government body if that format is useable 4 14 with commonly available data processing or database management 4 15 software. The government body may make a public record 4 16 available in a specific format requested by a person that is 4 17 different from that in which the public record is readily 4 18 accessible to the government body and may charge the reasonable 4 19 costs of any required processing, programming, or other work 4 20 required to produce the public record in the specific format, 4 21 in addition to any other costs allowed under Code chapter 4 22 22. If the person receiving a public record requests that the 4 23 public record be specially processed or produced in a format 4 24 different from that in which the public record is readily 4 25 accessible to the government body, the costs chargeable to the 4 26 person may be higher. 4 27 Conforming Code changes are made in the bill to Code 4 28 sections 22.2 (access to data processing software) and 22.7 4 29 (confidential records exceptions). LSB 2311HV (1) 86 rh/rj
