Text: H09284 Text: H09286 Text: H09200 - H09299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2418, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 3, by inserting after line 26 the 1 4 following: 1 5 "Sec. ___. LEGISLATIVE COUNCIL. There is 1 6 appropriated from the general fund of the state to the 1 7 legislative council for use by the legislative 1 8 oversight committee for the fiscal year beginning July 1 9 1, 1998, and ending June 30, 1999, the following 1 10 amount, or so much thereof as is necessary, to be used 1 11 for the purpose designated: 1 12 .................................................. $ 75,000 1 13 The legislative oversight committee shall use funds 1 14 appropriated in this section to retain a consultant to 1 15 study and review potential options related to the 1 16 disposition of the Iowa communications network, and 1 17 potential options related to a change in the 1 18 management structure of the network, including but not 1 19 limited to, the privatization of all or a portion of 1 20 the management functions of the network. For purposes 1 21 of this study, the consultant shall assume that such 1 22 disposition or change in management structure shall 1 23 not occur until such time as the build-out of Part III 1 24 is complete. The consultant shall provide a written 1 25 final report to the general assembly no later than 1 26 January 11, 1999. The co-chairpersons of the 1 27 committee are authorized to appoint an advisory 1 28 committee composed of members as deemed appropriate by 1 29 the co-chairpersons to assist the consultant as 1 30 appropriate." 1 31 #2. Page 5, by striking lines 5 through 24. 1 32 #3. Page 6, by striking lines 10 through 17. 1 33 #4. Page 7, by inserting after line 26 the 1 34 following: 1 35 "___. To the department of revenue and finance for 1 36 telefiling of tax returns: 1 37 .................................................. $ 150,000" 1 38 #5. Page 7, by inserting after line 32 the 1 39 following: 1 40 "The commission, prior to obligating any funds 1 41 under this paragraph, shall submit the proposed 1 42 expenditure to the legislative oversight committee of 1 43 the legislative council for review and approval. The 1 44 commission, in submitting such proposal, shall also 1 45 make a recommendation as to whether such replacement 1 46 optical components should be purchased, leased, or 1 47 procured in some other manner, in an effort to 1 48 minimize the cost to the state." 1 49 #6. By striking page 7, line 33, through page 8, 1 50 line 3. 2 1 #7. Page 8, by striking lines 18 through 20. 2 2 #8. Page 8, by striking lines 30 through 32. 2 3 #9. Page 9, by striking lines 22 through 31. 2 4 #10. By striking page 10, line 16, through page 12, 2 5 line 32 and inserting the following: 2 6 "Sec. ___. NEW SECTION. 18.181 IOWACCESS 2 7 ADVISORY COUNCIL. 2 8 1. An IowAccess advisory council is created within 2 9 the division of information technology services of the 2 10 department. At a minimum, the advisory council shall 2 11 be composed of all of the following: 2 12 a. A person appointed by the legislative council, 2 13 who may be a member or a staff member of the general 2 14 assembly, designated to represent the general 2 15 assembly. 2 16 b. The chief justice of the supreme court or the 2 17 chief justice's designee to represent the judicial 2 18 branch. 2 19 c. The director of the department of management or 2 20 the director's designee. 2 21 d. The auditor of state or the auditor's designee. 2 22 e. Six individuals appointed by the director of 2 23 the division of information technology services who 2 24 shall include all of the following: 2 25 (1) One person representing financial institutions 2 26 who shall be actively engaged in finance and banking. 2 27 (2) One person representing insurers who shall be 2 28 actively engaged in the insurance industry. 2 29 (3) One person representing attorneys who shall be 2 30 actively engaged in the profession of law. 2 31 (4) One person representing media interests. 2 32 (5) One person representing cities who shall be 2 33 actively engaged in the administration of a city. 2 34 (6) One person representing counties who shall be 2 35 actively engaged in the administration of a county. 2 36 f. Other heads of agencies or elected officials or 2 37 their designees as well as other representatives of 2 38 the public, business, and industry as determined by 2 39 the director of the division of information technology 2 40 services. 2 41 2. Persons appointed by the director of the 2 42 division of information technology services shall be 2 43 selected from a list of candidates nominated by 2 44 interested organizations consulted by the director. 2 45 3. Appointed members shall serve three-year terms 2 46 beginning and ending as provided in section 69.19. An 2 47 appointed member is eligible for reappointment to one 2 48 additional three-year term. A vacancy on the board 2 49 shall be filled for the unexpired portion of the 2 50 regular term in the same manner as regular 3 1 appointments are made. 3 2 4. The advisory council shall meet not less than 3 3 four times annually, and may meet more frequently at 3 4 the call of the chairperson or upon written request of 3 5 six or more members to the chairperson. The 3 6 chairperson shall call a meeting of the council at 3 7 least once every three months. The advisory council 3 8 shall annually select a chairperson from among its 3 9 members. 3 10 Sec. ___. NEW SECTION. 18.182 POWERS AND DUTIES 3 11 OF THE IOWACCESS ADVISORY COUNCIL. 3 12 The director of the division of information 3 13 technology services shall seek the advice of the 3 14 advisory council regarding all of the following: 3 15 1. Developing a process for reviewing and 3 16 establishing priorities for implementation of 3 17 electronic access to government records. 3 18 2. Establishing priorities for implementing 3 19 electronic access to government records. 3 20 3. Establishing priorities for implementing 3 21 electronic transactions involving government agencies 3 22 and members of the public. 3 23 4. Budgeting, funding, and operating expenses 3 24 related to developing, implementing, and maintaining 3 25 electronic access to government records. 3 26 5. Reviewing, inspecting, and evaluating the 3 27 technology and financial audits as required in section 3 28 18.185, for the purpose of recommending program 3 29 improvements, efficiencies, and priorities to the 3 30 division of information technology services. 3 31 6. Reviewing the basis of all charges and fees to 3 32 the public for accessing government records 3 33 electronically to ensure that the charges do not 3 34 exceed the reasonable cost of providing a public 3 35 record as provided in section 22.3A. 3 36 7. Reviewing requests for proposals, proposals, 3 37 and contracts which involve the management and 3 38 operation of the IowAccess network by a private 3 39 entity. 3 40 8. Monitoring privacy and confidentiality of 3 41 public records which are accessed electronically. 3 42 Sec. ___. NEW SECTION. 18.183 POWERS AND 3 43 RESPONSIBILITIES VESTED IN INDIVIDUAL GOVERNMENT 3 44 AGENCIES. 3 45 1. The government agency that is the lawful 3 46 custodian of a public record shall be responsible for 3 47 determining whether a record is required by state 3 48 statute to be confidential. The transmission of a 3 49 record by a government agency by use of electronic 3 50 means established, maintained, or managed by the 4 1 division of information technology services shall not 4 2 constitute a transfer of the legal custody of the 4 3 record from the individual government agency to the 4 4 division of information technology services or to any 4 5 other person or entity. 4 6 2. The division of information technology services 4 7 shall not have authority to determine whether an 4 8 individual government agency should automate records 4 9 of which the individual government agency is the 4 10 lawful custodian. However, the division may encourage 4 11 governmental agencies to implement electronic access 4 12 to government records as provided in section 18.182. 4 13 3. A government agency shall not limit access to a 4 14 record by requiring a citizen to receive the record 4 15 electronically as the only means of providing the 4 16 record. A person shall have the right to examine and 4 17 copy a printed form of a public record as provided in 4 18 section 22.2, unless the public record is 4 19 confidential. 4 20 4. A person who contracts with a government agency 4 21 to provide access or disseminate public records by 4 22 electronic or other means shall pay the same fee which 4 23 would be charged to the public under chapter 22 for 4 24 any public record that is in any manner utilized by 4 25 the person in a venture that is not part of the 4 26 contract with the government agency. 4 27 Sec. ___. NEW SECTION. 18.184 FINANCIAL 4 28 TRANSACTIONS. 4 29 1. The division of information technology services 4 30 shall collect moneys paid to participating 4 31 governmental entities from persons who complete an 4 32 electronic financial transaction with the governmental 4 33 entity by accessing the IowAccess network. The moneys 4 34 may include all of the following: 4 35 a. Fees required to obtain an electronic public 4 36 record as provided in section 22.3A. 4 37 b. Fees required to process an application or file 4 38 a document, including but not limited to fees required 4 39 to obtain a license issued by a licensing authority. 4 40 c. Moneys owed to a governmental entity by a 4 41 person accessing the IowAccess network in order to 4 42 satisfy a liability arising from the operation of law, 4 43 including the payment of assessments, taxes, fines, 4 44 and civil penalties. 4 45 2. Moneys transferred using the IowAccess network 4 46 may include amounts owed by a governmental entity to a 4 47 person accessing the IowAccess network in order to 4 48 satisfy a liability of the governmental entity. The 4 49 moneys may include the payment of tax refunds, and the 4 50 disbursement of support payments as defined in section 5 1 252D.16 or 598.1 as required for orders issued 5 2 pursuant to section 252B.14. 5 3 3. The division of information technology services 5 4 shall serve as the agent of the governmental entity in 5 5 collecting moneys for receipt by governmental 5 6 entities. The moneys shall be transferred to 5 7 governmental entities directly or to the treasurer of 5 8 state for disbursement to governmental entities as 5 9 required by the treasurer of state in cooperation with 5 10 the auditor of state. 5 11 4. In addition to other forms of payment, credit 5 12 cards shall be accepted in payment for moneys owed to 5 13 a governmental entity as provided in this section, 5 14 according to rules which shall be adopted by the 5 15 treasurer of state. The fees to be charged shall not 5 16 exceed those permitted by statute. A governmental 5 17 entity may adjust its fees to reflect the cost of 5 18 processing as determined by the treasurer of state. 5 19 The discount charged by the credit card issuer may be 5 20 included in determining the fees to be paid for 5 21 completing a financial transaction under this section 5 22 by using a credit card. 5 23 Sec. ___. NEW SECTION. 18.185 AUDITS REQUIRED. 5 24 A technology audit of the electronic transmission 5 25 system by which government records are transmitted 5 26 electronically to the public shall be conducted not 5 27 less than once annually for the purpose of determining 5 28 that government records and other electronic data are 5 29 not misappropriated or misused by the division of 5 30 information technology services or a contractor of the 5 31 division. A financial audit shall be conducted not 5 32 less than once annually to determine the financial 5 33 condition of the division of information technology 5 34 services and to make other relevant inquiries. 5 35 Sec. ___. NEW SECTION. 18.186 CREDIT CARDS 5 36 ACCEPTED. 5 37 In addition to other forms of payment, credit cards 5 38 may be accepted in payment for any fees, including but 5 39 not limited to interest, penalties, subscriptions, 5 40 registrations, purchases, applications, licenses, 5 41 permits, or other filings transmitted or transactions 5 42 conducted electronically. The fees to be charged 5 43 shall not exceed those permitted by statute, except 5 44 that the discount charged by the credit card issuer 5 45 may be included in determining the fee to be charged 5 46 for records transmitted or transactions conducted 5 47 electronically. 5 48 Sec. ___. Section 22.2, subsection 1, Code 1997, 5 49 is amended to read as follows: 5 50 1. Every person shall have the right to examine 6 1 and copy a publicrecordsrecord and to publish or 6 2 otherwise disseminate a publicrecordsrecord or the 6 3 information containedthereinin a public record. 6 4 Unless otherwise provided for by law, the right to 6 5 examine a public record shall include the right to 6 6 examine a public record without charge while the 6 7 public record is in the physical possession of the 6 8 custodian of the public record. The right to copy a 6 9 publicrecordsrecord shall include the right to make 6 10 photographs or photographic copies while therecords6 11arepublic record is in the possession of the 6 12 custodian of therecordspublic record. All rights 6 13 under this section are in addition to the right to 6 14 obtain a certifiedcopiescopy ofrecordsa public 6 15 record under section 622.46. 6 16 Sec. ___. Section 22.3A, subsection 2, paragraph 6 17 a, Code 1997, is amended to read as follows: 6 18 a. If access to the data processing software is 6 19 provided to a person solely for the purpose of 6 20 accessing a public record, the amount shall be not 6 21 more than that required to recover direct publication 6 22 costs, including but not limited to editing, 6 23 compilation, and media production costs, incurred by 6 24 the government body in developing the data processing 6 25 software, and preparing the data processing software 6 26 for transfer to the person. The amount shall be in 6 27 addition to any other fee required to be paid under 6 28 this chapter for the examination and copying of a 6 29 public record. If a person requests the reproduction 6 30 of a public record stored in an electronic format that 6 31 does not require formatting, editing, or compiling to 6 32 reproduce the public record, the charge for providing 6 33 the reproduced public record shall not exceed the 6 34 reasonable cost of reproducing and transmitting that 6 35 public record. The government body shall, if 6 36 requested, provide documentation which explains and 6 37 justifies the amount charged. This paragraph shall 6 38 not apply to any publication for which a price has 6 39 been established pursuant to another section, 6 40 including section 7A.22. 6 41 Sec. ___. NEW SECTION. 321A.3A FUNDING. 6 42 Notwithstanding section 321A.3 subsection 1, for 6 43 the fiscal year beginning July 1, 1998, in an amount 6 44 not to exceed four hundred thousand dollars, and for 6 45 each subsequent fiscal year, up to one dollar of each 6 46 five dollar transaction shall be transferred to the 6 47 division of information technology services of the 6 48 department of general services for the purposes of 6 49 developing, implementing, maintaining, and expanding 6 50 electronic access to government records in accordance 7 1 with the requirements as set forth in chapter 18, 7 2 division VII. 7 3 Notwithstanding section 8.33, unobligated and 7 4 unencumbered funds remaining at the end of a fiscal 7 5 year shall not revert to the general fund of the 7 6 state, but rather shall remain to be used in 7 7 subsequent fiscal years for the purposes authorized in 7 8 chapter 18, division VII. 7 9 Sec. ___. IOWACCESS INTENT. It is the intent of 7 10 the general assembly that the IowAccess advisory 7 11 council, established in this Act, review the 7 12 performance of a vendor acting as a network manager at 7 13 intervals not to exceed five years. 7 14 Sec. ___. IOWACCESS CODIFICATION. The Code editor 7 15 shall codify the amendments to chapter 18 in this Act 7 16 as division VII of chapter 18." 7 17 #11. Page 15, by striking lines 15 through 25. 7 18 #12. Title page, line 6, by inserting after the 7 19 word "technology," the following: 7 20 "establishing the IowAccess system,". 7 21 #13. Title page, lines 6 and 7, by striking the 7 22 words "providing for the transfer of the information 7 23 technology division,". 7 24 #14. Title page, lines 8 and 9, by striking the 7 25 words "establishing an information technology 7 26 bureau,". 7 27 #15. By renumbering, relettering, or redesignating 7 28 and correcting internal references as necessary. 7 29 7 30 7 31 7 32 COMMITTEE ON APPROPRIATIONS 7 33 MILLAGE of Scott, Chairperson 7 34 SF 2418.704 77 7 35 mj/sc/28
Text: H09284 Text: H09286 Text: H09200 - H09299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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