Text: S05770 Text: S05772 Text: S05700 - S05799 Text: S 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. Seven 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 (7) One person with technical expertise who shall 2 37 provide guidance and advice on the status of 2 38 technology and anticipated technological 2 39 developments. 2 40 f. Other heads of agencies or elected officials or 2 41 their designees as well as other representatives of 2 42 the public, business, and industry as determined by 2 43 the director of the division of information technology 2 44 services. 2 45 2. Persons appointed by the director of the 2 46 division of information technology services shall be 2 47 selected from a list of candidates nominated by 2 48 interested organizations consulted by the director. 2 49 3. Appointed members shall serve three-year terms 2 50 beginning and ending as provided in section 69.19. An 3 1 appointed member is eligible for reappointment to one 3 2 additional three-year term. A vacancy on the board 3 3 shall be filled for the unexpired portion of the 3 4 regular term in the same manner as regular 3 5 appointments are made. 3 6 4. The advisory council shall meet not less than 3 7 four times annually, and may meet more frequently at 3 8 the call of the chairperson or upon written request of 3 9 six or more members to the chairperson. The 3 10 chairperson shall call a meeting of the council at 3 11 least once every three months. The advisory council 3 12 shall annually select a chairperson from among its 3 13 members. 3 14 Sec. ___. NEW SECTION. 18.182 POWERS AND DUTIES 3 15 OF THE IOWACCESS ADVISORY COUNCIL. 3 16 The director of the division of information 3 17 technology services shall seek the advice of the 3 18 advisory council regarding all of the following: 3 19 1. Developing a process for reviewing and 3 20 establishing priorities for implementation of 3 21 electronic access to government records. 3 22 2. Establishing priorities for implementing 3 23 electronic access to government records. 3 24 3. Establishing priorities for implementing 3 25 electronic transactions involving government agencies 3 26 and members of the public. 3 27 4. Budgeting, funding, and operating expenses 3 28 related to developing, implementing, and maintaining 3 29 electronic access to government records. 3 30 5. Reviewing, inspecting, and evaluating the 3 31 technology and financial audits as required in section 3 32 18.185, for the purpose of recommending program 3 33 improvements, efficiencies, and priorities to the 3 34 division of information technology services. 3 35 6. Reviewing the basis of all charges and fees to 3 36 the public for accessing government records 3 37 electronically to ensure that the charges do not 3 38 exceed the reasonable cost of providing a public 3 39 record as provided in section 22.3A. 3 40 7. Reviewing requests for proposals, proposals, 3 41 and contracts which involve the management and 3 42 operation of the IowAccess network by a private 3 43 entity. 3 44 8. Monitoring privacy and confidentiality of 3 45 public records which are accessed electronically. 3 46 Sec. ___. NEW SECTION. 18.183 POWERS AND 3 47 RESPONSIBILITIES VESTED IN INDIVIDUAL GOVERNMENT 3 48 AGENCIES. 3 49 1. The government agency that is the lawful 3 50 custodian of a public record shall be responsible for 4 1 determining whether a record is required by state 4 2 statute to be confidential. The transmission of a 4 3 record by a government agency by use of electronic 4 4 means established, maintained, or managed by the 4 5 division of information technology services shall not 4 6 constitute a transfer of the legal custody of the 4 7 record from the individual government agency to the 4 8 division of information technology services or to any 4 9 other person or entity. 4 10 2. The division of information technology services 4 11 shall not have authority to determine whether an 4 12 individual government agency should automate records 4 13 of which the individual government agency is the 4 14 lawful custodian. However, the division may encourage 4 15 governmental agencies to implement electronic access 4 16 to government records as provided in section 18.182. 4 17 3. A government agency shall not limit access to a 4 18 record by requiring a citizen to receive the record 4 19 electronically as the only means of providing the 4 20 record. A person shall have the right to examine and 4 21 copy a printed form of a public record as provided in 4 22 section 22.2, unless the public record is 4 23 confidential. 4 24 4. A person who contracts with a government agency 4 25 to provide access or disseminate public records by 4 26 electronic or other means shall pay the same fee which 4 27 would be charged to the public under chapter 22 for 4 28 any public record that is in any manner utilized by 4 29 the person in a venture that is not part of the 4 30 contract with the government agency. 4 31 Sec. ___. NEW SECTION. 18.184 FINANCIAL 4 32 TRANSACTIONS. 4 33 1. The division of information technology services 4 34 shall collect moneys paid to participating 4 35 governmental entities from persons who complete an 4 36 electronic financial transaction with the governmental 4 37 entity by accessing the IowAccess network. The moneys 4 38 may include all of the following: 4 39 a. Fees required to obtain an electronic public 4 40 record as provided in section 22.3A. 4 41 b. Fees required to process an application or file 4 42 a document, including but not limited to fees required 4 43 to obtain a license issued by a licensing authority. 4 44 c. Moneys owed to a governmental entity by a 4 45 person accessing the IowAccess network in order to 4 46 satisfy a liability arising from the operation of law, 4 47 including the payment of assessments, taxes, fines, 4 48 and civil penalties. 4 49 2. Moneys transferred using the IowAccess network 4 50 may include amounts owed by a governmental entity to a 5 1 person accessing the IowAccess network in order to 5 2 satisfy a liability of the governmental entity. The 5 3 moneys may include the payment of tax refunds, and the 5 4 disbursement of support payments as defined in section 5 5 252D.16 or 598.1 as required for orders issued 5 6 pursuant to section 252B.14. 5 7 3. The division of information technology services 5 8 shall serve as the agent of the governmental entity in 5 9 collecting moneys for receipt by governmental 5 10 entities. The moneys shall be transferred to 5 11 governmental entities directly or to the treasurer of 5 12 state for disbursement to governmental entities as 5 13 required by the treasurer of state in cooperation with 5 14 the auditor of state. 5 15 4. In addition to other forms of payment, credit 5 16 cards shall be accepted in payment for moneys owed to 5 17 a governmental entity as provided in this section, 5 18 according to rules which shall be adopted by the 5 19 treasurer of state. The fees to be charged shall not 5 20 exceed those permitted by statute. A governmental 5 21 entity may adjust its fees to reflect the cost of 5 22 processing as determined by the treasurer of state. 5 23 The discount charged by the credit card issuer may be 5 24 included in determining the fees to be paid for 5 25 completing a financial transaction under this section 5 26 by using a credit card. 5 27 Sec. ___. NEW SECTION. 18.185 AUDITS REQUIRED. 5 28 A technology audit of the electronic transmission 5 29 system by which government records are transmitted 5 30 electronically to the public shall be conducted not 5 31 less than once annually for the purpose of determining 5 32 that government records and other electronic data are 5 33 not misappropriated or misused by the division of 5 34 information technology services or a contractor of the 5 35 division. A financial audit shall be conducted not 5 36 less than once annually to determine the financial 5 37 condition of the division of information technology 5 38 services and to make other relevant inquiries. 5 39 Sec. ___. NEW SECTION. 18.186 CREDIT CARDS 5 40 ACCEPTED. 5 41 In addition to other forms of payment, credit cards 5 42 may be accepted in payment for any fees, including but 5 43 not limited to interest, penalties, subscriptions, 5 44 registrations, purchases, applications, licenses, 5 45 permits, or other filings transmitted or transactions 5 46 conducted electronically. The fees to be charged 5 47 shall not exceed those permitted by statute, except 5 48 that the discount charged by the credit card issuer 5 49 may be included in determining the fee to be charged 5 50 for records transmitted or transactions conducted 6 1 electronically. 6 2 Sec. ___. Section 22.2, subsection 1, Code 1997, 6 3 is amended to read as follows: 6 4 1. Every person shall have the right to examine 6 5 and copy a publicrecordsrecord and to publish or 6 6 otherwise disseminate a publicrecordsrecord or the 6 7 information containedthereinin a public record. 6 8 Unless otherwise provided for by law, the right to 6 9 examine a public record shall include the right to 6 10 examine a public record without charge while the 6 11 public record is in the physical possession of the 6 12 custodian of the public record. The right to copy a 6 13 publicrecordsrecord shall include the right to make 6 14 photographs or photographic copies while therecords6 15arepublic record is in the possession of the 6 16 custodian of therecordspublic record. All rights 6 17 under this section are in addition to the right to 6 18 obtain a certifiedcopiescopy ofrecordsa public 6 19 record under section 622.46. 6 20 Sec. ___. Section 22.3A, subsection 2, paragraph 6 21 a, Code 1997, is amended to read as follows: 6 22 a. If access to the data processing software is 6 23 provided to a person solely for the purpose of 6 24 accessing a public record, the amount shall be not 6 25 more than that required to recover direct publication 6 26 costs, including but not limited to editing, 6 27 compilation, and media production costs, incurred by 6 28 the government body in developing the data processing 6 29 software, and preparing the data processing software 6 30 for transfer to the person. The amount shall be in 6 31 addition to any other fee required to be paid under 6 32 this chapter for the examination and copying of a 6 33 public record. If a person requests the reproduction 6 34 of a public record stored in an electronic format that 6 35 does not require formatting, editing, or compiling to 6 36 reproduce the public record, the charge for providing 6 37 the reproduced public record shall not exceed the 6 38 reasonable cost of reproducing and transmitting that 6 39 public record. The government body shall, if 6 40 requested, provide documentation which explains and 6 41 justifies the amount charged. This paragraph shall 6 42 not apply to any publication for which a price has 6 43 been established pursuant to another section, 6 44 including section 7A.22. 6 45 Sec. ___. NEW SECTION. 321A.3A FUNDING. 6 46 Notwithstanding section 321A.3 subsection 1, for 6 47 the fiscal year beginning July 1, 1998, in an amount 6 48 not to exceed four hundred thousand dollars, and for 6 49 each subsequent fiscal year, up to one dollar of each 6 50 five dollar transaction shall be transferred to the 7 1 division of information technology services of the 7 2 department of general services for the purposes of 7 3 developing, implementing, maintaining, and expanding 7 4 electronic access to government records in accordance 7 5 with the requirements as set forth in chapter 18, 7 6 division VII. 7 7 Notwithstanding section 8.33, unobligated and 7 8 unencumbered funds remaining at the end of a fiscal 7 9 year shall not revert to the general fund of the 7 10 state, but rather shall remain to be used in 7 11 subsequent fiscal years for the purposes authorized in 7 12 chapter 18, division VII. 7 13 Sec. ___. IOWACCESS INTENT. It is the intent of 7 14 the general assembly that the IowAccess advisory 7 15 council, established in this Act, review the 7 16 performance of a vendor acting as a network manager at 7 17 intervals not to exceed five years. 7 18 Sec. ___. IOWACCESS CODIFICATION. The Code editor 7 19 shall codify the amendments to chapter 18 in this Act 7 20 as division VII of chapter 18." 7 21 #11. Page 15, line 14, by striking the figure 7 22 "18,904,000" and inserting the following: 7 23 "14,904,000". 7 24 #12. Page 15, by inserting after line 35 the 7 25 following: 7 26 "Sec. ___. 1997 Iowa Acts, chapter 210, section 2, 7 27 subsection 1, is amended by adding the following new 7 28 paragraph "c" and relettering existing paragraphs: 7 29 NEW LETTERED PARAGRAPH. c. There is appropriated 7 30 from the rebuild Iowa infrastructure fund created in 7 31 section 8.57, subsection 5, to the Iowa communications 7 32 network fund under the control of the Iowa 7 33 telecommunications and technology commission for the 7 34 fiscal year beginning July 1, 1998, and ending June 7 35 30, 1999, the following amount, or so much thereof as 7 36 is necessary, to be used for the purpose designated: 7 37 For the connection to the network of authorized 7 38 users which are libraries as provided in the Part III 7 39 contracts executed in 1995: 7 40 .................................................. $ 4,000,000 7 41 The telecommunications advisory committee 7 42 established in section 8D.7, in consultation with the 7 43 state library, shall develop for submission to the 7 44 commission proposals for the allocation of moneys 7 45 appropriated in this paragraph for the connection of 7 46 libraries to the network as provided in the Part III 7 47 contracts executed in 1995. The advisory committee 7 48 shall conduct a cost-benefit analysis in determining 7 49 the amount to be allocated to a specific community, 7 50 including, at a minimum, consideration of the needs of 8 1 a community to which an allocation is proposed, the 8 2 number of sites currently in the community, and the 8 3 amount of usage at each site in the community. A 8 4 proposal for an allocation submitted by the advisory 8 5 committee shall be approved by the commission or 8 6 rejected and returned to the advisory committee with 8 7 an explanation of why such proposal was rejected." 8 8 #13. Title page, line 6, by inserting after the 8 9 word "technology," the following: "establishing the 8 10 IowAccess system,". 8 11 #14. Title page, lines 6 and 7, by striking the 8 12 words "providing for the transfer of the information 8 13 technology division,". 8 14 #15. Title page, lines 8 and 9, by striking the 8 15 words "establishing an information technology 8 16 bureau,". 8 17 #16. By renumbering, relettering, or redesignating 8 18 and correcting internal references as necessary. 8 19 SF 2418H 8 20 mj/pk/25
Text: S05770 Text: S05772 Text: S05700 - S05799 Text: S Index Bills and Amendments: General Index Bill History: General Index
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