SENATE BILL NO. 1321

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Bill Status



S1321aa....................................................by STATE AFFAIRS
STATE PUBLICATIONS - Amends and adds to existing law to establish a digital
repository, within the Idaho Commission for Libraries, for state
publications; and to provide for exemptions, rules and policies.

01/21    Senate intro - 1st rdg - to printing
01/22    Rpt prt - to St Aff
02/04    Rpt out - to 14th Ord
02/12    Rpt out amen - to engros
02/13    Rpt engros - 1st rdg - to 2nd rdg as amen
02/14    2nd rdg - to 3rd rdg as amen
02/19    3rd rdg as amen - PASSED - 31-0-4
      AYES -- Andreason, Bair, Bastian, Broadsword, Burkett, Cameron,
      Coiner, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Werk
      NAYS -- None
      Absent and excused -- Bilyeu, Corder, Gannon, Stennett
    Floor Sponsor - Kelly
    Title apvd - to House
02/20    House intro - 1st rdg - to St Aff
02/28    Rpt out - rec d/p - to 2nd rdg
02/29    2nd rdg - to 3rd rdg
03/03    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
      Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(24), Smith(30), Snodgrass,
      Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
      Wood(35)
      NAYS -- None
      Absent and excused -- Luker, Mr. Speaker
    Floor Sponsor - Rusche
    Title apvd - to Senate
03/04    To enrol
03/05    Rpt enrol - Pres signed
03/06    Sp signed
03/07    To Governor
03/13    Governor signed
         Session Law Chapter 81
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1321

                                 BY STATE AFFAIRS COMMITTEE

  1                                        AN ACT
  2    RELATING TO THE COMMISSION FOR  LIBRARIES;  AMENDING  SECTION  33-2505,  IDAHO
  3        CODE,  TO  ESTABLISH A DIGITAL REPOSITORY FOR STATE PUBLICATIONS; AMENDING
  4        CHAPTER 25, TITLE  33,  IDAHO  CODE,  BY  THE  ADDITION  OF  NEW  SECTIONS
  5        33-2505A, 33-2505B AND 33-2505C, IDAHO CODE, TO DEFINE TERMS, TO SET FORTH
  6        REQUIREMENTS  FOR  SUBMISSION OF STATE PUBLICATIONS TO THE DIGITAL REPOSI-
  7        TORY AND TO PROVIDE EXEMPTIONS.

  8    Be It Enacted by the Legislature of the State of Idaho:

  9        SECTION 1.  That Section 33-2505, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:

 11        33-2505.  STATE LIBRARIAN -- DEPOSITORY DIGITAL REPOSITORY FOR PUBLIC DOC-
 12    UMENTS -- DISTRIBUTION STATE PUBLICATIONS. It shall be the duty of the head of
 13    every  agency,  board, bureau, commission or department of the state of Idaho,
 14    including all state supported institutions of higher education  in  Idaho,  to
 15    deposit  with  the librarian of the Idaho commission for libraries twenty (20)
 16    copies of all documents, reports, surveys,  monographs,  serial  publications,
 17    compilations,  pamphlets,  bulletins,  leaflets,  circulars,  maps,  charts or
 18    broadsides of a public nature which it produces for public  distribution.  The
 19    deposit  of  information  with  the  state  librarian is intended to allow the
 20    information to be used and distributed to academic, regional, public, and spe-
 21    cial libraries in Idaho, the Library of Congress, and  to  others  within  the
 22    discretion  of the state librarian Recognizing that an informed citizenry is a
 23    cornerstone for an effective democracy, and in order to provide free and  con-
 24    tinuous  access  to  state  publications,  it  shall  be the duty of the state
 25    librarian to establish and maintain a publicly accessible  digital  repository
 26    of  state  publications  prepared by state agencies. The digital repository is
 27    intended to collect state publications and make them readily available to  all
 28    Idaho citizens.

 29        SECTION  2.  That  Chapter  25,  Title 33, Idaho Code, be, and the same is
 30    hereby amended by the addition thereto of NEW SECTIONS, to be known and desig-
 31    nated as Sections 33-2505A, 33-2505B and 33-2505C, Idaho Code, and to read  as
 32    follows:

 33        33-2505A. DEFINITIONS. As used in this chapter:
 34        (1)  "Digital  repository" means electronic publications stored and acces-
 35    sible to the public online in a  secure  digital  environment  with  redundant
 36    backup.
 37        (2)  "Format"  includes  any  media used for state publications including,
 38    but not limited to, electronic, print, audio, visual and microform.
 39        (3)  "State agency" includes every constitutional  and  statutory  office,
 40    officer,  department,  division,  bureau,  board, commission and agency of the
 41    state and, where applicable, all subdivisions of each.

                                       2

  1        (4)  "State publication" means any information, regardless of format, pub-
  2    lished by a state agency and intended for distribution to  the  public.  State
  3    publication  does  not  include correspondence, internal confidential publica-
  4    tions, office memoranda, university press publications, items detailed by sec-
  5    tions 9-340A through 9-340H, Idaho Code,  or  other  information  excluded  or
  6    exempted by rule promulgated by the board of library commissioners.

  7        33-2505B.  SUBMISSION  BY  STATE  AGENCIES.  (1)  The  head of every state
  8    agency or their designee shall promptly submit to the commission for libraries
  9    copies of published information that are state publications.
 10        (a)  For state publications available only in  print  format,  each  state
 11        agency shall submit two (2) copies of each printed publication to the com-
 12        mission for libraries.
 13        (b)  For  state  publications  available  only  in electronic format, each
 14        state agency shall submit one (1) digital copy of each electronic publica-
 15        tion to the commission for libraries.
 16        (c)  For state publications available in both print and electronic format,
 17        each state agency shall submit two (2) print copies and  one  (1)  digital
 18        copy of the publication to the commission for libraries.
 19        (d)  Of the two (2) print copies of state publications, one (1) copy shall
 20        be  sent  to  the Idaho state historical society and one (1) copy shall be
 21        sent to the university of Idaho library for archival purposes.
 22        (2)  The commission for libraries shall promulgate such rules as are  nec-
 23    essary  and  appropriate to accomplish the purpose of a digital repository for
 24    state publications.

 25        33-2505C.  EXEMPTIONS. In the interest  of  economy  and  efficiency,  the
 26    state  librarian may exempt a given state publication or class of publications
 27    for the requirements of sections 33-2505, 33-2505A and 33-2505B,  Idaho  Code,
 28    in full or in part.

Amendment




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                                     Moved by      Kelly

                                                     Seconded by Stegner


                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1321

  1                                AMENDMENT TO SECTION 2
  2        On page 2 of the printed bill, delete lines  26  through  28  and  insert:
  3    "board  of library commissioners may exempt a given state publication or class
  4    of publications from  the  requirements  of  sections  33-2505,  33-2505A  and
  5    33-2505B,  Idaho  Code, in full or in part, and shall promulgate rules in com-
  6    pliance with chapter 52, title 67, Idaho Code, and make policies to  implement
  7    this section.".

  8                                 CORRECTION TO TITLE
  9        On  page  1,  in line 7, following "EXEMPTIONS" insert: ", RULES AND POLI-
 10    CIES".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                              SENATE BILL NO. 1321, As Amended

                                 BY STATE AFFAIRS COMMITTEE

  1                                        AN ACT
  2    RELATING TO THE COMMISSION FOR  LIBRARIES;  AMENDING  SECTION  33-2505,  IDAHO
  3        CODE,  TO  ESTABLISH A DIGITAL REPOSITORY FOR STATE PUBLICATIONS; AMENDING
  4        CHAPTER 25, TITLE  33,  IDAHO  CODE,  BY  THE  ADDITION  OF  NEW  SECTIONS
  5        33-2505A, 33-2505B AND 33-2505C, IDAHO CODE, TO DEFINE TERMS, TO SET FORTH
  6        REQUIREMENTS  FOR  SUBMISSION OF STATE PUBLICATIONS TO THE DIGITAL REPOSI-
  7        TORY AND TO PROVIDE EXEMPTIONS, RULES AND POLICIES.

  8    Be It Enacted by the Legislature of the State of Idaho:

  9        SECTION 1.  That Section 33-2505, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:

 11        33-2505.  STATE LIBRARIAN -- DEPOSITORY DIGITAL REPOSITORY FOR PUBLIC DOC-
 12    UMENTS -- DISTRIBUTION STATE PUBLICATIONS. It shall be the duty of the head of
 13    every  agency,  board, bureau, commission or department of the state of Idaho,
 14    including all state supported institutions of higher education  in  Idaho,  to
 15    deposit  with  the librarian of the Idaho commission for libraries twenty (20)
 16    copies of all documents, reports, surveys,  monographs,  serial  publications,
 17    compilations,  pamphlets,  bulletins,  leaflets,  circulars,  maps,  charts or
 18    broadsides of a public nature which it produces for public  distribution.  The
 19    deposit  of  information  with  the  state  librarian is intended to allow the
 20    information to be used and distributed to academic, regional, public, and spe-
 21    cial libraries in Idaho, the Library of Congress, and  to  others  within  the
 22    discretion  of the state librarian Recognizing that an informed citizenry is a
 23    cornerstone for an effective democracy, and in order to provide free and  con-
 24    tinuous  access  to  state  publications,  it  shall  be the duty of the state
 25    librarian to establish and maintain a publicly accessible  digital  repository
 26    of  state  publications  prepared by state agencies. The digital repository is
 27    intended to collect state publications and make them readily available to  all
 28    Idaho citizens.

 29        SECTION  2.  That  Chapter  25,  Title 33, Idaho Code, be, and the same is
 30    hereby amended by the addition thereto of NEW SECTIONS, to be known and desig-
 31    nated as Sections 33-2505A, 33-2505B and 33-2505C, Idaho Code, and to read  as
 32    follows:

 33        33-2505A. DEFINITIONS. As used in this chapter:
 34        (1)  "Digital  repository" means electronic publications stored and acces-
 35    sible to the public online in a  secure  digital  environment  with  redundant
 36    backup.
 37        (2)  "Format"  includes  any  media used for state publications including,
 38    but not limited to, electronic, print, audio, visual and microform.
 39        (3)  "State agency" includes every constitutional  and  statutory  office,
 40    officer,  department,  division,  bureau,  board, commission and agency of the
 41    state and, where applicable, all subdivisions of each.

                                       2

  1        (4)  "State publication" means any information, regardless of format, pub-
  2    lished by a state agency and intended for distribution to  the  public.  State
  3    publication  does  not  include correspondence, internal confidential publica-
  4    tions, office memoranda, university press publications, items detailed by sec-
  5    tions 9-340A through 9-340H, Idaho Code,  or  other  information  excluded  or
  6    exempted by rule promulgated by the board of library commissioners.

  7        33-2505B.  SUBMISSION  BY  STATE  AGENCIES.  (1)  The  head of every state
  8    agency or their designee shall promptly submit to the commission for libraries
  9    copies of published information that are state publications.
 10        (a)  For state publications available only in  print  format,  each  state
 11        agency shall submit two (2) copies of each printed publication to the com-
 12        mission for libraries.
 13        (b)  For  state  publications  available  only  in electronic format, each
 14        state agency shall submit one (1) digital copy of each electronic publica-
 15        tion to the commission for libraries.
 16        (c)  For state publications available in both print and electronic format,
 17        each state agency shall submit two (2) print copies and  one  (1)  digital
 18        copy of the publication to the commission for libraries.
 19        (d)  Of the two (2) print copies of state publications, one (1) copy shall
 20        be  sent  to  the Idaho state historical society and one (1) copy shall be
 21        sent to the university of Idaho library for archival purposes.
 22        (2)  The commission for libraries shall promulgate such rules as are  nec-
 23    essary  and  appropriate to accomplish the purpose of a digital repository for
 24    state publications.

 25        33-2505C.  EXEMPTIONS. In the interest  of  economy  and  efficiency,  the
 26    board  of  library commissioners may exempt a given state publication or class
 27    of publications from  the  requirements  of  sections  33-2505,  33-2505A  and
 28    33-2505B,  Idaho  Code, in full or in part, and shall promulgate rules in com-
 29    pliance with chapter 52, title 67, Idaho Code, and make policies to  implement
 30    this section.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17372

State agencies spent $4,297,800 in FY2006 and $5,347,600 in FY2007
for "printing and binding" services (State Controller's Office
fiscal data).  Some portion of these expenditures is for state
publications intended for use by Idaho citizens.
The return on this investment by state government will be greatly
increased by creating a web-accessible digital repository of state
publications and bringing the 1972 depository system for public
documents into the 21st century.

The proposed legislation will make public documents published by
state government more accessible to the public for whom they are
intended. It will make finding and retrieving information easier
and more cost-effective for Idaho citizens and help state entities
reach their intended audience in a more cost-effective way.
The proposed legislation will expand citizen access to the
information in state publications by:

-  Establishing a digital repository to replace the outdated
   depository system;

-  Providing a definition of "state publication" and other
   relevant terms;

-  Replacing the requirements to submit 20 copies of public
   documents with more cost-effective requirements for the digital
   repository; and

-  Providing for exemptions from the requirements.



                           FISCAL NOTE

There are no accurate figures on the annual volume or cost of Idaho
state publications.  A sample survey estimated that in the spring
of 2007 the equivalent of one terabyte of public documents was
published with state tax dollars, and projected at least 30% annual
growth.  State agencies complying with the current depository
requirements will undoubtedly experience a decrease in expenditures
as a result of the proposed digital repository requirements as well
as an increase in the reach of their state publications.
Estimated costs for the Commission for Libraries to implement the
digital repository are $202,000 for the first year, and $132,000
ongoing funds to maintain it:
Capital - $30,000 (OT) for server, storage, UPS, etc.;
Operating - $50,000 ($40,000 OT) for content management license;
Personnel - $122,000 ongoing for 1 FTE Librarian and 2 FTE OS2.




Contact
Name: Ann Joslin, 
Agency: Idaho Commission for Libraries
Phone: (208) 334-2150


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1321