Text: HSB00523 Text: HSB00525 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 8E.1 PURPOSE. 1 2 The purpose of this chapter is to provide for the use of 1 3 information technology within state government which shall be 1 4 accomplished by collaboration and cooperation among agencies 1 5 in order to effect maximum practical consolidation, to develop 1 6 and implement effective strategies regarding an enterprise- 1 7 wide basis for the delivery and use of information technology, 1 8 to develop enterprise-wide standards for information 1 9 technology, to coordinate the use and procurement of 1 10 information technology among agencies, and to maximize 1 11 opportunities to exchange and share data and information among 1 12 agencies by implementing an open system architecture based 1 13 upon interface standards that provide for application and data 1 14 portability and interoperability except when prevented by 1 15 agency responsibilities for security, privacy, or 1 16 confidentiality. 1 17 Sec. 2. NEW SECTION. 8E.2 DEFINITIONS. 1 18 As used in this chapter, unless the context otherwise 1 19 requires: 1 20 1. "Acquire" means to obtain, purchase, or lease 1 21 information technology. 1 22 2. "Agency" means a unit of state government, which is an 1 23 authority, board, commission, committee, council, department, 1 24 examining board, or independent agency as defined in section 1 25 7E.4, including but not limited to each principal central 1 26 department enumerated in section 7E.5. However, "agency" does 1 27 not mean any of the following: 1 28 a. The office of the governor. 1 29 b. The general assembly, or any office or unit under its 1 30 administrative authority. 1 31 c. The judicial department, as provided in section 1 32 602.1102. 1 33 d. A political subdivision of the state or its offices or 1 34 units, including but not limited to a county, city, or 1 35 community college. 2 1 3. "Director" means the director of the office of 2 2 information technology services as provided in section 8E.4. 2 3 4. "Governmental entity" means any unit of government in 2 4 the executive, legislative, or judicial branches of 2 5 government; an agency or political subdivision; any unit of 2 6 another state government, including its political 2 7 subdivisions; and any unit of the United States government. 2 8 5. "Information technology" means information technology 2 9 devices and information technology services. 2 10 6. "Information technology device" means equipment or 2 11 associated software, including programs, languages, 2 12 procedures, or associated documentation, used in operating the 2 13 equipment which is designed for accessing information stored 2 14 in an electronic format. "Information technology devices" 2 15 includes but is not limited to computer systems, computer 2 16 networks, and associated equipment used for input, output, 2 17 processing, storage, display, communication, scanning, and 2 18 printing. 2 19 7. "Information technology services" means services 2 20 designed to facilitate the acquisition of information 2 21 technology devices and to provide functions such as the 2 22 following: 2 23 a. Computer systems application development and 2 24 maintenance. 2 25 b. Enterprise-wide systems integration and 2 26 interoperability. 2 27 c. Operating systems maintenance and design. 2 28 d. Computer systems programming. 2 29 e. Computer systems software support. 2 30 f. Data center operations. 2 31 g. Planning and security relating to information 2 32 technology devices. 2 33 h. Data management consultation. 2 34 i. Information technology education. 2 35 j. Data network management. 3 1 k. Data management for mainframe computers, midrange 3 2 computer systems, and wide area networks. 3 3 l. Establishing local area network and workstation 3 4 management standards. 3 5 8. "Office" means the office of information technology 3 6 services as established in section 8E.3. 3 7 9. "Participating agency" means any agency other than any 3 8 of the following: 3 9 a. The Iowa telecommunications and technology commission. 3 10 b. The state board of regents and institutions operated 3 11 under the authority of the state board of regents. 3 12 c. The public broadcasting division of the department of 3 13 education. 3 14 d. The lottery division under the department of revenue 3 15 and finance. 3 16 e. The state department of transportation mobile radio 3 17 network. 3 18 f. The department of public safety law enforcement 3 19 communications systems. 3 20 10. "Public records" means the same as defined in section 3 21 22.1. 3 22 Sec. 3. NEW SECTION. 8E.3 ESTABLISHMENT OF OFFICE – 3 23 POWERS AND DUTIES. 3 24 1. The office of information technology services is 3 25 established as an independent agency. 3 26 2. The powers and duties of the office shall include, but 3 27 are not limited to, all the following: 3 28 a. Providing information technology services to 3 29 participating agencies and other governmental entities as 3 30 provided in this chapter, including providing services related 3 31 to data systems operations, information technology planning 3 32 and standards, technical education and consulting, and 3 33 computer support. 3 34 b. Developing and implementing a strategic information 3 35 technology plan for participating agencies and coordinating 4 1 the delivery of information technology services to 4 2 participating agencies and other governmental entities as the 4 3 director determines is appropriate. The office shall prepare 4 4 an enterprise wide strategic information technology plan which 4 5 establishes an enterprise wide mission, goals, and objectives 4 6 for the use of information technology, including goals for 4 7 electronic access to government records, information, and 4 8 services. The plan shall be developed in accordance with 4 9 standards and policies established by the office. The 4 10 director shall seek the advice of advisory committees in the 4 11 development of this plan. At least once every two years, the 4 12 plan shall be updated as necessary and submitted to the 4 13 governor and the general assembly. The updated plan shall 4 14 also be delivered to the chairpersons and minority party 4 15 ranking members of the joint oversight and communications 4 16 appropriations subcommittee and the appropriations committees 4 17 of the senate and the house of representatives. 4 18 c. Establishing and collecting fees for the provision of 4 19 information technology services which shall be charged to 4 20 governmental entities receiving services from the office as 4 21 provided in section 8E.7. 4 22 d. Developing and implementing a business continuity plan 4 23 to be used in the event there is a disruption of the 4 24 functioning information technology to participating agencies 4 25 and other governmental entities as the director determines is 4 26 appropriate. 4 27 e. Developing and implementing enterprise-wide standards 4 28 for information technology, including but not limited to 4 29 system design and enterprise systems integration and 4 30 interoperability, which when implemented shall apply to all 4 31 governmental entities receiving services from the office and 4 32 all participating agencies except as provided in section 8E.4. 4 33 f. Coordinating the use of information technology among 4 34 participating agencies and other governmental entities, to 4 35 ensure that all components of information technology are 5 1 compatible. 5 2 g. Developing and implementing effective and efficient 5 3 strategies for the use and provision of information technology 5 4 on an enterprise-wide basis for participating agencies and 5 5 other governmental entities. 5 6 h. Acquiring any information technology device necessary 5 7 for the provision of information technology to participating 5 8 agencies and other governmental entities, in cooperation with 5 9 and through the department of general services as provided in 5 10 section 8E.5. 5 11 i. Establishing criteria by which agencies obtain 5 12 information technology services from the office. 5 13 j. Selling or otherwise disposing of information 5 14 technology devices not needed by the office. 5 15 k. Appointing advisory committees as appropriate to assist 5 16 the office in developing strategies for the use and provision 5 17 of information technology services and establishing other 5 18 advisory committees as necessary to assist the office in 5 19 carrying out its duties under this chapter. An advisory 5 20 committee may be comprised of governmental employees, private 5 21 citizens, business experts, or individuals with technical 5 22 expertise in the area of information technology. The number 5 23 of advisory committees and their membership shall be 5 24 determined by the director to assure that the public and 5 25 agencies and other governmental entities have an opportunity 5 26 to comment on the services provided and the service goals and 5 27 objectives of the office. 5 28 l. Entering into agreements pursuant to chapter 28D or 5 29 28E, or memorandums of understanding or other agreements as 5 30 necessary and appropriate to carry out the purposes of this 5 31 chapter. 5 32 m. Compiling and maintaining an inventory of information 5 33 technology used by participating agencies. 5 34 n. Adopting rules pursuant to chapter 17A which are 5 35 necessary to administer this chapter. 6 1 3. Notwithstanding subsection 2, the primary 6 2 responsibility to establish an agency policy relating to the 6 3 need for and the use of information, information systems, 6 4 equipment, and software rests with each agency head. 6 5 4. If a dispute arises between the office and an agency 6 6 for which the office provides or refuses to provide 6 7 information technology services, the dispute shall be resolved 6 8 as provided in section 679A.19. 6 9 5. The director and other employees of the office are 6 10 entitled to receive, in addition to salary, their actual and 6 11 necessary travel and related expenses incurred in the 6 12 performance of official business. 6 13 Sec. 4. NEW SECTION. 8E.4 DIRECTOR. 6 14 1. a. The chief administrative officer of the office is 6 15 the director of the office. The director shall be appointed 6 16 by the governor and confirmed by the senate pursuant to 6 17 section 2.32. The director shall serve at the pleasure of the 6 18 governor. The governor shall establish the salary of the 6 19 director within a range established by the general assembly. 6 20 The director shall be selected primarily for managerial and 6 21 administrative ability and knowledge in the area of 6 22 information technology, without regard to political 6 23 affiliation. 6 24 b. The director may be required to give a surety bond in 6 25 an amount established by the governor. The premium on the 6 26 bond shall be paid from the general fund of the state. 6 27 c. The position of director shall be a full-time position. 6 28 The person appointed as director shall not hold any other 6 29 elected or appointed position or office during the period of 6 30 the person's tenure in the position of director. 6 31 2. The powers and duties of the director include but are 6 32 not limited to all of the following: 6 33 a. Planning, directing, coordinating, and executing the 6 34 functions necessary to carry out the duties of the office. 6 35 b. Providing overall supervision, direction, and 7 1 coordination of functions of the office. 7 2 c. Employing personnel as necessary to carry out the 7 3 functions vested in the office consistent with chapter 19A 7 4 unless a position is exempt from that chapter, and enhancing 7 5 the recruitment, retention, and training of professional 7 6 staff. 7 7 d. Supervising and managing employees of the office, and 7 8 providing for the internal organization of the office and for 7 9 the allocation of functions within the office consistent with 7 10 section 7E.2. 7 11 3. The director may waive a requirement that would 7 12 otherwise apply to a participating agency or other 7 13 governmental entity relating to an information technology 7 14 standard established by the office or to the provision of 7 15 information technology services according to procedures 7 16 established by the office, if other alternatives for service 7 17 are more cost-effective than those provided by the office or 7 18 for other technologically or commercially valid reasons. 7 19 4. Powers and duties vested in the director may be 7 20 delegated by the director to an employee of the office, but 7 21 the director retains the responsibility for an employee's acts 7 22 within the scope of the delegation. 7 23 5. A decision by the director is a final agency action as 7 24 provided under chapter 17A. A person aggrieved by a decision 7 25 of the director may be a party in a contested case brought 7 26 against the office as provided in chapter 17A. A contested 7 27 case shall be brought within a period provided by rules 7 28 adopted by the office. 7 29 Sec. 5. NEW SECTION. 8E.5 INFORMATION TECHNOLOGY 7 30 STANDARDS, SERVICES, AND PROCUREMENT. 7 31 1. The office shall develop and implement standards for 7 32 enterprise-wide information technology which when implemented 7 33 shall apply to both of the following: 7 34 a. All information technology purchases for agencies 7 35 receiving information technology services from the office. 8 1 b. All information technology services, including but not 8 2 limited to systems design and enterprise-wide systems 8 3 integration and interoperability, for participating agencies. 8 4 2. All agencies shall comply with the information 8 5 technology standards established by the office and all 8 6 participating agencies shall utilize information technology 8 7 services provided by the office unless exempted by the 8 8 director pursuant to section 8E.4, subsection 3. A 8 9 governmental entity, other than an agency, shall comply with 8 10 the information technology standards established by the 8 11 office, unless exempted by the director pursuant to section 8 12 8E.4, subsection 3. 8 13 3. Prior to acquiring information technology, a 8 14 participating agency shall submit a request to the office for 8 15 a determination whether the proposed acquisition complies with 8 16 standards established by the office. 8 17 4. The department of general services shall procure 8 18 information technology for and on behalf of the office. Prior 8 19 to procuring information technology on behalf of a 8 20 participating agency as provided in chapter 18, the department 8 21 of general services shall obtain approval of the director. 8 22 Prior to acquiring information technology, an agency shall 8 23 submit a request for information technology acquisition to the 8 24 office for a determination that the proposed acquisition 8 25 complies with the standards established by the office pursuant 8 26 to section 8E.3, unless exempted by the director pursuant to 8 27 section 8E.4. With the approval of the office, the department 8 28 of general services shall purchase information technology for 8 29 and on behalf of the office and for any other agency on behalf 8 30 of which the department of general services makes purchases 8 31 pursuant to chapter 18. However, if the director determines 8 32 that an immediate or emergency need exists or that the best 8 33 interests of the state will be served by procuring information 8 34 technology by another reasonable manner, the director may 8 35 procure the information technology independently. The office 9 1 shall adopt rules in accordance with chapter 17A for contested 9 2 case proceedings involving emergency and alternative 9 3 procurement procedures. Any person aggrieved by the decision 9 4 of the director to procure information technology under the 9 5 emergency or alternative procurement procedure may file a 9 6 notice of appeal with the office within the time allowed by 9 7 rule, and the matter shall be heard in accordance with chapter 9 8 17A and the office's rules for contested case proceedings. 9 9 Sec. 6. NEW SECTION. 8E.6 INFORMATION TECHNOLOGY 9 10 PURCHASES BY GOVERNMENTAL ENTITIES HAVING INDEPENDENT 9 11 PURCHASING AUTHORITY. 9 12 Agencies and other governmental entities which have 9 13 purchasing authority independent of the department of general 9 14 services may utilize contracts established by the department 9 15 of general services for the acquisition of information 9 16 technology, request the assistance of the department of 9 17 general services in purchasing information technology, or 9 18 acquire information technology for and on their own behalf in 9 19 accordance with the authority granted to the agencies and 9 20 governmental entities. However, the proposed acquisition of 9 21 the information technology must comply with the standards 9 22 established by the office pursuant to section 8E.5, unless 9 23 exempted by the director pursuant to section 8E.4. 9 24 Sec. 7. NEW SECTION. 8E.7 FEES – INVOICING – PAYMENT 9 25 BY GOVERNMENTAL ENTITIES. 9 26 The office shall render a periodic statement to each 9 27 governmental entity for the cost of services provided to the 9 28 governmental entity during the period, in a manner and 9 29 according to procedures established by the office. The 9 30 expense shall be paid by the governmental entity in the same 9 31 manner as other expenses of the governmental entity are paid. 9 32 In establishing fees to be charged to governmental entities 9 33 for services rendered under this chapter, the director may 9 34 include in the fees charged an amount for depreciation 9 35 expenses. 10 1 Sec. 8. NEW SECTION. 8E.8 PARTICIPATING AGENCIES – 10 2 STRATEGIC INFORMATION TECHNOLOGY PLAN. 10 3 With the assistance of and in conjunction with the office, 10 4 each participating agency shall develop an agency strategic 10 5 information technology plan which establishes agency goals and 10 6 objectives regarding the development and use of information 10 7 technology. A plan shall include, but is not limited to, all 10 8 of the following: 10 9 1. A statement of the participating agency's mission, 10 10 goals, and objectives for information technology, including 10 11 goals and objectives for achieving electronic access to agency 10 12 records, information, and services. 10 13 2. An explanation of how the participating agency's 10 14 mission, goals, and objectives for information technology 10 15 support and conform to the state strategic information 10 16 technology plan as provided in section 8E.3. 10 17 3. An implementation strategy to provide electronic access 10 18 to public records. The implementation strategy shall include 10 19 all of the following: 10 20 a. Adequate public notice and opportunity for comment 10 21 regarding technologies and approaches required to administer 10 22 this section. 10 23 b. Consideration of a variety of technologies, including 10 24 technologies that accommodate persons who have disabilities, 10 25 who conduct transactions in different geographic locations, or 10 26 during nonbusiness hours, or who cannot readily afford 10 27 transaction costs. 10 28 c. Methods to educate employees of participating agencies 10 29 and the public regarding the effective use of access 10 30 technologies. 10 31 d. Projects and resources required to meet the objectives 10 32 of the plan. 10 33 e. Where feasible, estimated schedules and funding 10 34 required to implement identified projects. 10 35 4. Each participating agency shall prepare and submit a 11 1 report regarding the participating agency's strategic 11 2 information technology plan to the office at least every two 11 3 years, as required by the office. The report shall include 11 4 all of the following: 11 5 a. An evaluation of the participating agency's performance 11 6 relating to information technology. 11 7 b. An assessment of progress made toward implementing the 11 8 participating agency strategic information technology plan. 11 9 c. Progress toward electronic access to public records and 11 10 enabling persons to participate in two-way interaction in 11 11 obtaining information and services from participating 11 12 agencies. 11 13 The office shall collect the reports and forward them to 11 14 the governor and the general assembly. The office shall also 11 15 forward the collected reports to the chairpersons and minority 11 16 party ranking members of the joint oversight and 11 17 communications appropriations subcommittee and the 11 18 appropriations committees of the senate and the house of 11 19 representatives. The director may exempt a participating 11 20 agency from any or all of the requirements of this section. 11 21 Sec. 9. NEW SECTION. 8E.9 GOVERNMENT INFORMATION – 11 22 ELECTRONIC TRANSACTIONS BY THE PUBLIC. 11 23 1. The general assembly finds that access to public 11 24 records, as provided in chapter 22, is vital to the efficient 11 25 operation of government. Broad public access to public 11 26 records has potential for expanding citizen access to 11 27 government and for improving the delivery of government 11 28 services. Electronic methods for locating and transferring 11 29 information and conducting business improves cooperation 11 30 between and among persons, including citizens, organizations, 11 31 businesses, and governments. Electronic information must be 11 32 managed with great care to meet the objectives of citizens and 11 33 their governments. It is the intent of the general assembly 11 34 to encourage the development, storage, and management of 11 35 public records in electronic formats. Further, it is the 12 1 intent of the general assembly that state government establish 12 2 priorities for making public records widely available 12 3 electronically. 12 4 2. To the extent feasible, state agencies shall plan for 12 5 and implement processes for making public records available 12 6 electronically. Public demand and the missions and goals of 12 7 agencies shall govern the selection of public records to be 12 8 made available electronically. When planning for increased 12 9 public electronic transactions and commerce, agencies shall 12 10 determine the public records that the public desires and 12 11 requires most. This subsection does not require that all 12 12 public records must be made available electronically. 12 13 3. In planning for and implementing electronic 12 14 transactions and commerce, state agencies shall do all of the 12 15 following: 12 16 a. To the extent appropriate, plan for electronic public 12 17 access and two-way electronic interaction when acquiring, 12 18 redesigning, or rebuilding electronic information systems. 12 19 b. Provide electronic access to public records, leaving 12 20 archival material to be made available digitally as resources 12 21 allow or as a need arises. 12 22 c. Coordinate technology planning across state agency 12 23 boundaries in order to facilitate electronic access to vital 12 24 agency information. 12 25 d. Develop processes to determine what public records the 12 26 public most desires and requires. 12 27 e. Develop and employ methods to readily withhold or 12 28 disguise confidential information, including public records 12 29 which are confidential. 12 30 4. In planning or implementing electronic access, two-way 12 31 electronic interaction, electronic commerce, and the delivery 12 32 of technologies, state agencies are encouraged to do all of 12 33 the following: 12 34 a. Increase their capabilities to receive information 12 35 electronically from the public and to transmit forms, 13 1 applications, and other communications and transactions 13 2 electronically. 13 3 b. Use technologies that allow the public to conduct 13 4 business electronically throughout the state, allow continuous 13 5 access during all hours of every day, involve little or no 13 6 cost to access, and are capable of being used by persons 13 7 without extensive technological ability. 13 8 c. Consider and incorporate wherever possible ease of 13 9 access to electronic technologies by persons with 13 10 disabilities. In planning and implementing new public 13 11 electronic access projects, agencies shall consult with people 13 12 who have disabilities, with disability access experts, and the 13 13 general public. 13 14 5. In carrying out this section, state agencies shall rely 13 15 upon moneys appropriated from the state and federal 13 16 government, grants, private contributions, cooperative 13 17 ventures among government entities, nonexclusive licensing 13 18 arrangements, and public-private partnerships. State agencies 13 19 are encouraged to pool resources and to form cooperative 13 20 ventures to provide electronic access to public records. 13 21 State agencies are encouraged to seek federal and private 13 22 grants for projects that provide increased efficiency and 13 23 improve government delivery of information and services. 13 24 Sec. 10. NEW SECTION. 8E.10 FEDERAL PRIORITY. 13 25 A provision of this chapter or a rule adopted by the office 13 26 pursuant to this chapter shall not apply to the extent that 13 27 application of the provision or rule is in conflict with 13 28 governing federal law. A provision of this chapter or a rule 13 29 adopted by the office shall be suspended only to the extent 13 30 that its application jeopardizes the state's receipt of 13 31 federal moneys or services. The office shall suspend the 13 32 application of the provision or rule after the director 13 33 receives an opinion by the attorney general determining that 13 34 the application would jeopardize the state's receipt of the 13 35 federal moneys or services. 14 1 Sec. 11. Section 18.3, subsection 1, Code 1997, is amended 14 2 by adding the following new unnumbered paragraph: 14 3 NEW UNNUMBERED PARAGRAPH. The director shall procure 14 4 information technology in conformance with section 8E.6. 14 5 Sec. 12. Section 216B.3, Code 1997, is amended by adding 14 6 the following new subsection: 14 7 NEW SUBSECTION. 14A. Procure information technology in 14 8 conformance with section 8E.6. 14 9 Sec. 13. Section 262.9, Code Supplement 1997, is amended 14 10 by adding the following new subsection: 14 11 NEW SUBSECTION. 5A. Procure information technology in 14 12 conformance with section 8E.6. 14 13 Sec. 14. Section 307.21, subsection 2, Code 1997, is 14 14 amended to read as follows: 14 15 2. Establish, supervise and maintaina system of14 16centralized electronicresponsibility for data processing for 14 17 the department, in cooperation with the department of general14 18services. 14 19 Sec. 15. Section 307.21, subsection 4, paragraph a, Code 14 20 1997, is amended to read as follows: 14 21 a. Provide centralized purchasing services for the 14 22 department, in cooperation with the department of general 14 23 services. The administrator shall procure information 14 24 technology in conformance with section 8E.6. The 14 25 administrator shall, when the price is reasonably competitive 14 26 and the quality as intended, purchase soybean-based inks and 14 27 plastic products with recycled content, including but not 14 28 limited to plastic garbage can liners, and shall purchase 14 29 these items in accordance with the schedule established in 14 30 section 18.18. However, the administrator need not purchase 14 31 garbage can liners in accordance with the schedule if the 14 32 liners are utilized by a facility approved by the 14 33 environmental protection commission created under section 14 34 455A.6, for purposes of recycling. For purposes of this 14 35 subsection, "recycled content" means that the content of the 15 1 product contains a minimum of thirty percent postconsumer 15 2 material. 15 3 Sec. 16. Section 904.312, unnumbered paragraph 1, Code 15 4 1997, is amended to read as follows: 15 5 The director shall adopt rules governing the purchase of 15 6 all articles and supplies needed at the various institutions 15 7 and the form and verification of vouchers for the purchases. 15 8 When purchases are made by sample, the sample shall be 15 9 properly marked and retained until after an award or delivery 15 10 of the items is made. The director may purchase supplies from 15 11 any institution under the director's control, for use in any 15 12 other institution, and reasonable reimbursement shall be made 15 13 for these purchases. The director shall procure information 15 14 technology in conformance with section 8E.6. 15 15 Sec. 17. ORGANIZATION OF THE OFFICE OF INFORMATION 15 16 TECHNOLOGY SERVICES. The director of the office of 15 17 information technology services established pursuant to 15 18 section 8E.3 shall develop an initial table of organization 15 19 which identifies existing positions whose duties are directly 15 20 related to the purpose of the office as provided in section 15 21 8E.1. The director shall submit a request to the department 15 22 of management to move the relevant positions and transfer 15 23 moneys appropriated or otherwise provide for positions 15 24 identified by the director. If the request is approved, the 15 25 department of management shall provide for the movement of the 15 26 identified positions and transfer of the identified moneys. 15 27 If the department of management is unable to provide for the 15 28 transfer of moneys to support a moved position, the office may 15 29 submit an invoice to the agency to pay for the salary, 15 30 benefits, and support of the moved position. An employee who 15 31 is moved to the office shall retain the employee's seniority 15 32 rights, any accumulated sick leave, and accumulated vacation 15 33 time. 15 34 Sec. 18. EXISTING CONTRACTS. Nothing in this Act shall 15 35 interfere with existing contracts relating to information 16 1 technology between the state and private vendors, contract 16 2 negotiations between the state and private vendors relating to 16 3 information technology, or ongoing information technology 16 4 purchasing activities involving the state and private vendors. 16 5 Nothing in this Act is intended to alter, modify, or void 16 6 contracts currently in existence for items or services related 16 7 to information technology. Moneys obligated for purchases of 16 8 items and services on the effective date of this Act shall be 16 9 exempted from the provisions of chapter 8E as established in 16 10 this Act. 16 11 Sec. 19. EFFECTIVE DATE. This Act, being deemed of 16 12 immediate importance, takes effect upon enactment. 16 13 EXPLANATION 16 14 This bill establishes an office of information technology 16 15 services as an independent agency. The purpose of the office 16 16 is to provide for the acquisition by and use of information 16 17 technology within state government, to develop and implement 16 18 effective strategies regarding an enterprise-wide basis for 16 19 the delivery and use of information technology, to develop 16 20 enterprise-wide standards for information technology, to 16 21 coordinate the use of information technology among agencies, 16 22 and to promote access to information technology and system 16 23 interoperability among executive branch agencies. The bill 16 24 provides that all agencies must comply with information 16 25 technology standards established by the office, unless 16 26 exempted by the director, and all participating agencies must 16 27 utilize information technology services provided by the 16 28 office. A participating agency excludes the Iowa 16 29 telecommunications and technology commission, the state board 16 30 of regents and institutions operated under the authority of 16 31 the board, the lottery division of the department of revenue 16 32 and finance, the state department of transportation mobile 16 33 radio network, and the department of public safety law 16 34 enforcement communications systems. The office is charged to 16 35 develop and implement a strategic information technology plan 17 1 for participating agencies, to establish and collect fees for 17 2 the provision of information technology services, to develop 17 3 and implement contingency plans, to coordinate the use of 17 4 information technology among governmental entities, to develop 17 5 and implement strategies for the use and provision of 17 6 information technology, to procure items necessary for the 17 7 provision of information technology services, to compile and 17 8 maintain an inventory of information technologies, and to 17 9 establish criteria for use by governmental entities in 17 10 obtaining information technology services. The office may 17 11 enter into chapter 28D or 28E agreements, and adopt 17 12 administrative rules necessary to carry out the provisions of 17 13 the bill. 17 14 The bill establishes the position of director as the chief 17 15 administrative officer of the office, and provides for the 17 16 director's appointment and powers and duties, including 17 17 planning, directing, coordinating, and executing the functions 17 18 necessary to carry out the duties of the office. 17 19 The bill provides for the development and implementation of 17 20 information technology standards. The bill provides that 17 21 prior to acquiring information technology, a participating 17 22 agency must submit a request to the office for a determination 17 23 whether the proposed acquisition complies with standards 17 24 established by the office. The bill also provides for the 17 25 purchasing of information technology by alternative methods 17 26 when in the best interest of the state. The bill provides for 17 27 assistance in purchasing information technology to 17 28 governmental entities other than participating agencies. 17 29 The bill authorizes the office to charge fees for providing 17 30 services to governmental entities. 17 31 The bill provides for a strategic information technology 17 32 plan to establish enterprise-wide mission, goals, and 17 33 objectives for the use of information technology as well as 17 34 agency information technology strategic plans. The bill also 17 35 provides for increasing public access to public records, by 18 1 providing for electronic transactions with state government. 18 2 The bill directs agencies to develop methods of electronic 18 3 access with public participation. 18 4 The bill provides that a provision of the bill or 18 5 associated rules adopted by the office do not apply to the 18 6 extent that the application of the provision or rule is in 18 7 conflict with governing federal law. The bill allows the 18 8 office to suspend a provision or rule which jeopardizes the 18 9 state's receipt of federal moneys. 18 10 The bill provides for the transfer of moneys and positions 18 11 from agencies to the office and provides for the legality of 18 12 existing contracts and ongoing negotiations. 18 13 The bill takes effect upon enactment. 18 14 LSB 3385XL 77 18 15 mj/jw/5.1
Text: HSB00523 Text: HSB00525 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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