Text: HF02546 Text: HF02548 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 18.181 IOWACCESS ADVISORY 1 2 COUNCIL. 1 3 1. An IowAccess advisory council is created within the 1 4 division of information technology services of the department. 1 5 At a minimum, the advisory council shall be composed of all of 1 6 the following: 1 7 a. A person appointed by the legislative council, who may 1 8 be a member or a staff member of the general assembly, 1 9 designated to represent the general assembly. 1 10 b. The chief justice of the supreme court or the chief 1 11 justice's designee to represent the judicial department. 1 12 c. The director of the department of management or the 1 13 director's designee. 1 14 d. The auditor of state or the auditor's designee. 1 15 e. Six individuals appointed by the director of the 1 16 division of information technology services who shall include 1 17 all of the following: 1 18 (1) One person representing financial institutions who 1 19 shall be actively engaged in finance and banking. 1 20 (2) One person representing insurers who shall be actively 1 21 engaged in the insurance industry. 1 22 (3) One person representing attorneys who shall be 1 23 actively engaged in the profession of law. 1 24 (4) One person representing media interests. 1 25 (5) One person representing cities who shall be actively 1 26 engaged in the administration of a city. 1 27 (6) One person representing counties who shall be actively 1 28 engaged in the administration of a county. 1 29 f. Other heads of agencies or elected officials or their 1 30 designees as well as other representatives of the public, 1 31 business, and industry as determined by the director of the 1 32 division of information technology services. 1 33 2. Persons appointed by the director of the division of 1 34 information technology services shall be selected from a list 1 35 of candidates nominated by interested organizations consulted 2 1 by the director. 2 2 3. Appointed members shall serve three-year terms 2 3 beginning and ending as provided in section 69.19. An 2 4 appointed member is eligible for reappointment to one 2 5 additional three-year term. A vacancy on the board shall be 2 6 filled for the unexpired portion of the regular term in the 2 7 same manner as regular appointments are made. 2 8 4. The advisory council shall meet not less than four 2 9 times annually, and may meet more frequently at the call of 2 10 the chairperson or upon written request of six or more members 2 11 to the chairperson. The chairperson shall call a meeting of 2 12 the council at least once every three months. The advisory 2 13 council shall annually select a chairperson from among its 2 14 members. 2 15 Sec. 2. NEW SECTION. 18.182 POWERS AND DUTIES OF THE 2 16 IOWACCESS ADVISORY COUNCIL. 2 17 The director of the division of information technology 2 18 services shall seek the advice of the advisory council 2 19 regarding all of the following: 2 20 1. Developing a process for reviewing and establishing 2 21 priorities for implementation of electronic access to 2 22 government records. 2 23 2. Establishing priorities for implementing electronic 2 24 access to government records. 2 25 3. Establishing priorities for implementing electronic 2 26 transactions involving government agencies and members of the 2 27 public. 2 28 4. Budgeting, funding, and operating expenses related to 2 29 developing, implementing, and maintaining electronic access to 2 30 government records. 2 31 5. Reviewing, inspecting, and evaluating the technology 2 32 and financial audits as required in section 18.185, for the 2 33 purpose of recommending program improvements, efficiencies, 2 34 and priorities to the division of information technology 2 35 services. 3 1 6. Reviewing the basis of all charges and fees to the 3 2 public for accessing government records electronically to 3 3 ensure that the charges do not exceed the reasonable cost of 3 4 providing a public record as provided in section 22.3A. 3 5 7. Reviewing requests for proposals, proposals, and 3 6 contracts which involve the management and operation of the 3 7 IowAccess network by a private entity. 3 8 8. Monitoring privacy and confidentiality of public 3 9 records which are accessed electronically. 3 10 Sec. 3. NEW SECTION. 18.183 POWERS AND RESPONSIBILITIES 3 11 VESTED IN INDIVIDUAL GOVERNMENT AGENCIES. 3 12 1. The government agency that is the lawful custodian of a 3 13 public record shall be responsible for determining whether a 3 14 record is required by state statute to be confidential. The 3 15 transmission of a record by a government agency by use of 3 16 electronic means established, maintained, or managed by the 3 17 division of information technology services shall not 3 18 constitute a transfer of the legal custody of the record from 3 19 the individual government agency to the division of 3 20 information technology services or to any other person or 3 21 entity. 3 22 2. The division of information technology services shall 3 23 not have authority to determine whether an individual 3 24 government agency should automate records of which the 3 25 individual government agency is the lawful custodian. 3 26 However, the division may encourage governmental agencies to 3 27 implement electronic access to government records as provided 3 28 in section 18.182. 3 29 3. A government agency shall not limit access to a record 3 30 by requiring a citizen to receive the record electronically as 3 31 the only means of providing the record. A person shall have 3 32 the right to examine and copy a printed form of a public 3 33 record as provided in section 22.2, unless the public record 3 34 is confidential. 3 35 4. A person who contracts with a government agency to 4 1 provide access or disseminate public records by electronic or 4 2 other means shall pay the same fee which would be charged to 4 3 the public under chapter 22 for any public record that is in 4 4 any manner utilized by the person in a venture that is not 4 5 part of the contract with the government agency. 4 6 Sec. 4. NEW SECTION. 18.184 FINANCIAL TRANSACTIONS. 4 7 1. The division of information technology services shall 4 8 collect moneys paid to participating governmental entities 4 9 from persons who complete an electronic financial transaction 4 10 with the governmental entity by accessing the IowAccess 4 11 network. The moneys may include all of the following: 4 12 a. Fees required to obtain an electronic public record as 4 13 provided in section 22.3A. 4 14 b. Fees required to process an application or file a 4 15 document, including but not limited to fees required to obtain 4 16 a license issued by a licensing authority. 4 17 c. Moneys owed to a governmental entity by a person 4 18 accessing the IowAccess network in order to satisfy a 4 19 liability arising from the operation of law, including the 4 20 payment of assessments, taxes, fines, and civil penalties. 4 21 2. Moneys transferred using the IowAccess network may 4 22 include amounts owed by a governmental entity to a person 4 23 accessing the IowAccess network in order to satisfy a 4 24 liability of the governmental entity. The moneys may include 4 25 the payment of tax refunds, and the disbursement of support 4 26 payments as defined in section 252D.16 or 598.1 as required 4 27 for orders issued pursuant to section 252B.14. 4 28 3. The division of information technology services shall 4 29 serve as the agent of the governmental entity in collecting 4 30 moneys for receipt by governmental entities. The moneys shall 4 31 be transferred to governmental entities directly or to the 4 32 treasurer of state for disbursement to governmental entities 4 33 as required by the treasurer of state in cooperation with the 4 34 auditor of state. 4 35 4. In addition to other forms of payment, credit cards 5 1 shall be accepted in payment for moneys owed to a governmental 5 2 entity as provided in this section, according to rules which 5 3 shall be adopted by the treasurer of state. The fees to be 5 4 charged shall not exceed those permitted by statute. A 5 5 governmental entity may adjust its fees to reflect the cost of 5 6 processing as determined by the treasurer of state. The 5 7 discount charged by the credit card issuer may be included in 5 8 determining the fees to be paid for completing a financial 5 9 transaction under this section by using a credit card. 5 10 Sec. 5. NEW SECTION. 18.185 AUDITS REQUIRED. 5 11 A technology audit of the electronic transmission system by 5 12 which government records are transmitted electronically to the 5 13 public shall be conducted not less than once annually for the 5 14 purpose of determining that government records and other 5 15 electronic data are not misappropriated or misused by the 5 16 division of information technology services or a contractor of 5 17 the division. A financial audit shall be conducted not less 5 18 than once annually to determine the financial condition of the 5 19 division of information technology services and to make other 5 20 relevant inquiries. 5 21 Sec. 6. NEW SECTION. 18.186 CREDIT CARDS ACCEPTED. 5 22 In addition to other forms of payment, credit cards may be 5 23 accepted in payment for any fees, including but not limited to 5 24 interest, penalties, subscriptions, registrations, purchases, 5 25 applications, licenses, permits, or other filings transmitted 5 26 or transactions conducted electronically. The fees to be 5 27 charged shall not exceed those permitted by statute, except 5 28 that the discount charged by the credit card issuer may be 5 29 included in determining the fee to be charged for records 5 30 transmitted or transactions conducted electronically. 5 31 Sec. 7. Section 22.2, subsection 1, Code 1997, is amended 5 32 to read as follows: 5 33 1. Every person shall have the right to examine and copy a 5 34 publicrecordsrecord and to publish or otherwise disseminate 5 35 a publicrecordsrecord or the information containedtherein6 1 in a public record. Unless otherwise provided for by law, the 6 2 right to examine a public record shall include the right to 6 3 examine a public record without charge while the public record 6 4 is in the physical possession of the custodian of the public 6 5 record. The right to copy a publicrecordsrecord shall 6 6 include the right to make photographs or photographic copies 6 7 while therecords arepublic record is in the possession of 6 8 the custodian of therecordspublic record. All rights under 6 9 this section are in addition to the right to obtain a 6 10 certifiedcopiescopy ofrecordsa public record under section 6 11 622.46. 6 12 Sec. 8. Section 22.3A, subsection 2, paragraph a, Code 6 13 1997, is amended to read as follows: 6 14 a. If access to the data processing software is provided 6 15 to a person solely for the purpose of accessing a public 6 16 record, the amount shall be not more than that required to 6 17 recover direct publication costs, including but not limited to 6 18 editing, compilation, and media production costs, incurred by 6 19 the government body in developing the data processing 6 20 software, and preparing the data processing software for 6 21 transfer to the person. The amount shall be in addition to 6 22 any other fee required to be paid under this chapter for the 6 23 examination and copying of a public record. If a person 6 24 requests the reproduction of a public record stored in an 6 25 electronic format that does not require formatting, editing, 6 26 or compiling to reproduce the public record, the charge for 6 27 providing the reproduced public record shall not exceed the 6 28 reasonable cost of reproducing and transmitting that public 6 29 record. The government body shall, if requested, provide 6 30 documentation which explains and justifies the amount charged. 6 31 This paragraph shall not apply to any publication for which a 6 32 price has been established pursuant to another section, 6 33 including section 7A.22. 6 34 Sec. 9. NEW SECTION. 321A.3A FUNDING. 6 35 Notwithstanding section 321A.3 subsection 1, for the fiscal 7 1 year beginning July 1, 1998, and for each subsequent fiscal 7 2 year, up to one dollar of each five dollar transaction shall 7 3 be transferred to the division of information technology 7 4 services of the department of general services for the 7 5 purposes of developing, implementing, maintaining, and 7 6 expanding electronic access to government records in 7 7 accordance with the requirements as set forth in chapter 18, 7 8 division VII. 7 9 Notwithstanding section 8.33, unobligated and unencumbered 7 10 funds remaining at the end of a fiscal year shall not revert 7 11 to the general fund of the state, but rather shall remain to 7 12 be used in subsequent fiscal years for the purposes authorized 7 13 in chapter 18, division VII. 7 14 Sec. 10. INTENT. It is the intent of the general assembly 7 15 that the IowAcess advisory council, established in this Act, 7 16 review the performance of a vendor acting as a network manager 7 17 at intervals not to exceed five years. 7 18 Sec. 11. IOWACCESS FUNDING LIMITATION. Notwithstanding 7 19 section 321A.3A, as enacted by this Act, for the fiscal year 7 20 beginning July 1, 1998, and ending June 30, 1999, not more 7 21 than $400,000 shall be transferred to the division of 7 22 information technology services of the department of general 7 23 services as provided in section 321A.3A, as enacted by this 7 24 Act. 7 25 Sec. 12. CODIFICATION. The Code editor shall codify the 7 26 amendments to chapter 18 in this Act as division VII of 7 27 chapter 18. 7 28 HF 2547 7 29 da/pk/25
Text: HF02546 Text: HF02548 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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