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PAG LIN 1 1 SENATE FILE 2418 1 2 1 3 AN ACT 1 4 RELATING TO STATE GOVERNMENT TECHNOLOGY AND OPERATIONS, BY 1 5 MAKING AND RELATING TO APPROPRIATIONS TO THE IOWA 1 6 COMMUNICATIONS NETWORK FOR THE CONNECTION AND SUPPORT 1 7 OF CERTAIN PART III USERS, MAKING APPROPRIATIONS TO 1 8 VARIOUS ENTITIES FOR OTHER TECHNOLOGY-RELATED PURPOSES, 1 9 PROVIDING FOR THE PROCUREMENT OF INFORMATION TECHNOLOGY, 1 10 ESTABLISHING THE IOWACCESS SYSTEM, PROVIDING FOR THE USE 1 11 OF THE NETWORK, MAKING MISCELLANEOUS RELATED CHANGES, 1 12 AND PROVIDING EFFECTIVE DATES. 1 13 1 14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 15 1 16 ICN APPROPRIATIONS 1 17 Section 1. TREASURER OF STATE. There is appropriated from 1 18 the general fund of the state to the treasurer of state for 1 19 the fiscal year beginning July 1, 1998, and ending June 30, 1 20 1999, the following amount, or so much thereof as is 1 21 necessary, to be used for the purpose designated: 1 22 For debt service: 1 23 .................................................. $ 12,782,000 1 24 Funds appropriated in this section shall be deposited in a 1 25 separate fund established in the office of the treasurer of 1 26 state, to be used solely for debt service for the Iowa 1 27 communications network. The Iowa telecommunications and 1 28 technology commission shall certify to the treasurer of state 1 29 when a debt service payment is due, and upon receipt of the 1 30 certification the treasurer shall make the payment. The 1 31 commission shall pay any additional amount due from funds 1 32 deposited in the Iowa communications network fund. 1 33 Sec. 2. PART III NETWORK COSTS – SUBSIDIZATION FUND. 1 34 1. There is appropriated from the general fund of the 1 35 state to the Iowa telecommunications and technology commission 2 1 for the fiscal year beginning July 1, 1998, and ending June 2 2 30, 1999, the following amounts, or so much thereof as is 2 3 necessary, to be used for the purposes designated in this 2 4 subsection: 2 5 a. For the subsidization of operations of the network as a 2 6 result of charging authorized users video rates which generate 2 7 less revenue than necessary to cover associated costs of the 2 8 network, and consistent with chapter 8D: 2 9 .................................................. $ 3,735,000 2 10 b. For the transfer of 2.00 FTEs from the public 2 11 broadcasting division of the department of education to the 2 12 Iowa telecommunications and technology commission: 2 13 .................................................. $ 35,134 2 14 2. Funds appropriated in subsection 1 shall be deposited 2 15 in an Iowa communications network operations account 2 16 established as a separate account in the office of the 2 17 treasurer of state. Funds deposited in this account shall be 2 18 under the control of and used by the Iowa telecommunications 2 19 and technology commission for the operational costs associated 2 20 with the network. 2 21 3. Notwithstanding section 8.33 or 8.39, any balance 2 22 remaining from the appropriation in this section shall not 2 23 revert to the general fund of the state but shall remain in 2 24 the Iowa communications network operations account and be 2 25 available for expenditure during the subsequent fiscal year 2 26 for the same purpose, and shall not be transferred to any 2 27 other program. 2 28 4. Notwithstanding any contrary provisions, all receipts 2 29 collected for sales and services provided by the network shall 2 30 be deposited in the Iowa communications network operations 2 31 account. 2 32 5. a. Except as provided in paragraph "b", the commission 2 33 shall not expend funds from the Iowa communications network 2 34 operations account in excess of $32,000,000 for the fiscal 2 35 year beginning on July 1, 1998, and ending June 30, 1999. 3 1 b. (1) Notwithstanding paragraph "a", if an amount up to 3 2 $4,000,000 is deposited pursuant to section 6 of this Act into 3 3 the Iowa communications network operations account in excess 3 4 of the $32,000,000 limitation, the commission shall expend 3 5 such funds for the replacement of optical components of the 3 6 network as provided in section 6, subsection 3, paragraph "m", 3 7 of this Act. 3 8 (2) Notwithstanding paragraph "a", if any amount is 3 9 deposited into the Iowa communications network operations 3 10 account, or appropriated to the Iowa telecommunications and 3 11 technology commission or to the network, pursuant to any other 3 12 Act enacted by the general assembly during the 1998 regular 3 13 session, the commission may expend such funds only for the 3 14 purpose designated in such Act. 3 15 (3) Notwithstanding paragraph "a", if any amount is 3 16 deposited into the Iowa communications network operations 3 17 account from a federal grant or other federal source for a 3 18 specific purpose, the commission may expend such funds only 3 19 for the purpose designated for such funds. 3 20 (4) Notwithstanding paragraph "a", amounts expended by the 3 21 commission for the purchase of equipment on behalf of other 3 22 state agencies or departments which are reimbursed by such 3 23 state agency or department shall not be included in the total 3 24 for purposes of the expenditure limit established in paragraph 3 25 "a". The commission shall file a report electronically within 3 26 15 days of the end of each calendar quarter which shall 3 27 include amounts expended during such calendar quarter by the 3 28 commission as identified in this subparagraph. The report 3 29 shall include information relating to each state agency or 3 30 department for which such equipment was purchased, the 3 31 equipment purchased, the cost of such equipment, and the 3 32 amount received from the state agency or department as 3 33 reimbursement for such purchases. The reports shall be filed 3 34 electronically with the legislative fiscal bureau, with the 3 35 initial report filed on or before October 30, 1998, for the 4 1 calendar quarter beginning July 1, 1998. 4 2 6. The staff of the Iowa telecommunications and technology 4 3 commission shall establish budget units and accounts using the 4 4 state budget system and the Iowa finance and accounting system 4 5 as determined jointly by the department of management and the 4 6 legislative fiscal bureau. 4 7 Sec. 3. LEGISLATIVE COUNCIL. There is appropriated from 4 8 the general fund of the state to the legislative council for 4 9 use by the legislative oversight committee for the fiscal year 4 10 beginning July 1, 1998, and ending June 30, 1999, the 4 11 following amount, or so much thereof as is necessary, to be 4 12 used for the purpose designated: 4 13 .................................................. $ 75,000 4 14 The legislative oversight committee shall use funds 4 15 appropriated in this section to retain a consultant to study 4 16 and review potential options related to the disposition of the 4 17 Iowa communications network, and potential options related to 4 18 a change in the management structure of the network, including 4 19 but not limited to, the privatization of all or a portion of 4 20 the management functions of the network. For purposes of this 4 21 study, the consultant shall assume that such disposition or 4 22 change in management structure shall not occur until such time 4 23 as the build-out of Part III is complete. The consultant 4 24 shall provide a written final report to the general assembly 4 25 no later than January 11, 1999. The co-chairpersons of the 4 26 committee are authorized to appoint an advisory committee 4 27 composed of members as deemed appropriate by the co- 4 28 chairpersons to assist the consultant as appropriate. The 4 29 study authorized in this section shall also include, but not 4 30 be limited to, a determination as to the appropriate number of 4 31 Iowa communications network classrooms which should be 4 32 established per capita. 4 33 Sec. 4. PUBLIC BROADCASTING. There is appropriated from 4 34 the general fund of the state to the public broadcasting 4 35 division of the department of education for the fiscal year 5 1 beginning July 1, 1998, and ending June 30, 1999, the 5 2 following amount, or so much thereof as is necessary, to be 5 3 used for the purposes designated in subsections 1 and 2 and 5 4 for the following full-time equivalent positions: 5 5 .................................................. $ 2,312,853 5 6 ............................................... FTEs 9.00 5 7 1. Of the amount appropriated, $454,661 shall be expended 5 8 by the public broadcasting division of the department of 5 9 education to provide support for functions related to the 5 10 network, including but not limited to the following functions: 5 11 scheduling for video classrooms; development of distance 5 12 learning applications; development of a central information 5 13 source on the Internet relating to educational uses of the 5 14 network; second-line technical support for network sites; 5 15 testing and initializing sites onto the network; and 5 16 coordinating the work of the education telecommunications 5 17 council. 5 18 2. Of the amount appropriated, $1,858,192 shall be 5 19 allocated by the public broadcasting division of the 5 20 department of education to the regional telecommunications 5 21 councils established in section 8D.5. The regional 5 22 telecommunications councils shall use the funds to provide 5 23 technical assistance for network classrooms, planning and 5 24 troubleshooting for local area networks, scheduling of video 5 25 sites, and other related support activities. 5 26 Sec. 5. DEPARTMENT OF GENERAL SERVICES. There is 5 27 appropriated from the general fund of the state to the 5 28 division of information technology services of the department 5 29 of general services for the fiscal year beginning July 1, 5 30 1998, and ending June 30, 1999, the following amount, or so 5 31 much thereof as is necessary, to be used for the purpose 5 32 designated: 5 33 For the purpose of providing information technology 5 34 services to state agencies and for the following full-time 5 35 equivalent positions: 6 1 .................................................. $ 4,660,013 6 2 ............................................... FTEs 158.00 6 3 One of the full-time equivalent positions appropriated for 6 4 in this section relates to the transition of personnel 6 5 services contractors to full-time equivalent positions. The 6 6 merit system provisions of chapter 19A and the provisions of 6 7 the collective bargaining agreements entered into between the 6 8 state and the respective union or bargaining unit shall not 6 9 govern movement into this full-time equivalent position until 6 10 September 1, 1998. 6 11 Sec. 6. DIVISION OF INFORMATION TECHNOLOGY SERVICES HEAD 6 12 – SENATE CONFIRMATION. Notwithstanding any contrary 6 13 provision, the individual appointed by the director of the 6 14 department of general services as the head of the division of 6 15 information technology services in the department shall be 6 16 subject to senate confirmation. 6 17 Sec. 7. REVERSION TECHNOLOGY INITIATIVES ACCOUNT. 6 18 1. A reversion technology initiatives account is 6 19 established in the office of the treasurer of state under the 6 20 control of the division of information technology services of 6 21 the department of general services and for the purpose of 6 22 supporting various technology programs as provided in this 6 23 section. 6 24 Notwithstanding the distribution formula contained in 6 25 section 8.62 for an operational appropriation which remains 6 26 unexpended or unencumbered for the fiscal year beginning July 6 27 1, 1997, 75 percent of the unexpended or unencumbered moneys 6 28 subject to section 8.62 are appropriated to the reversion 6 29 technology initiatives account. The remaining 25 percent of 6 30 such moneys shall remain with the entity to which the 6 31 operational appropriation was made. Notwithstanding section 6 32 8.33, for an appropriation other than an operational 6 33 appropriation as provided in section 8.62 which remains 6 34 unencumbered for the fiscal year beginning July 1, 1997, 100 6 35 percent of the unexpended or unencumbered moneys are 7 1 appropriated to the reversion technology initiatives account. 7 2 2. Moneys in the reversion technology initiatives account 7 3 are allocated, to the extent available, in the descending 7 4 priority order for use during the fiscal year beginning July 7 5 1, 1998, and ending June 30, 1999, as follows: 7 6 a. To the department of human services for a welfare 7 7 reform systems development: 7 8 .................................................. $ 1,000,000 7 9 b. To the department of human services for a child support 7 10 recovery systems development: 7 11 .................................................. $ 1,131,976 7 12 c. To the department of workforce development for an 7 13 integrated information system: 7 14 .................................................. $ 2,513,000 7 15 d. To the department of education for a teacher examiners 7 16 records imaging system: 7 17 .................................................. $ 475,000 7 18 e. To the department of corrections for ICN connections at 7 19 Newton and Fort Dodge: 7 20 .................................................. $ 600,000 7 21 f. To Iowa public television to begin the digital 7 22 television broadcasting conversion: 7 23 .................................................. $ 2,000,000 7 24 Notwithstanding section 8.33, moneys allocated to Iowa 7 25 public television in this paragraph which remain unobligated 7 26 or unexpended at the close of the fiscal year shall not revert 7 27 to the general fund of the state but shall remain available 7 28 for the purpose designated in this paragraph in the succeeding 7 29 fiscal year. 7 30 g. To the department of economic development for a 7 31 sustaining first stop business/licensing center pilot project: 7 32 .................................................. $ 100,000 7 33 h. To the department of education for an electronic data 7 34 exchange: 7 35 .................................................. $ 500,000 8 1 If the funds available for this allocation are 8 2 insufficient, there is appropriated from the school 8 3 improvement and technology fund to the department of education 8 4 $230,000 to continue pilot projects. 8 5 i. To the department of revenue and finance for a 8 6 sustaining tax and wage reporting system (STAWRS): 8 7 .................................................. $ 125,000 8 8 j. To the department of revenue and finance for a 8 9 remittance processing system: 8 10 .................................................. $ 1,500,000 8 11 k. To the department of revenue and finance for telefiling 8 12 of tax returns: 8 13 .................................................. $ 150,000 8 14 l. To the state board of regents for technology 8 15 improvement: 8 16 .................................................. $ 450,000 8 17 m. To the Iowa communications network operations account 8 18 for use by the Iowa telecommunications and technology 8 19 commission only for the replacement of optical components of 8 20 the network which become unusable and which are necessary for 8 21 the continued operation and use of the network: 8 22 .................................................. $ 4,000,000 8 23 The commission, prior to obligating any funds under this 8 24 paragraph, shall submit the proposed expenditure to the 8 25 legislative oversight committee of the legislative council for 8 26 review and approval. The commission, in submitting such 8 27 proposal, shall also make a recommendation as to whether such 8 28 replacement optical components should be purchased, leased, or 8 29 procured in some other manner, in an effort to minimize the 8 30 cost to the state. 8 31 n. To the department of workforce development for a 8 32 sustaining community resource directory pilot project: 8 33 .................................................. $ 178,000 8 34 o. To the department of human rights for the division of 8 35 criminal and juvenile justice for a justice data 9 1 analysis/warehouse project: 9 2 .................................................. $ 175,000 9 3 p. To the department of inspections and appeals for the 9 4 office of public defender for an indigent defense claims 9 5 processing redesign project: 9 6 .................................................. $ 75,000 9 7 q. To the department of human services for an 9 8 institutional central area network: 9 9 .................................................. $ 1,181,400 9 10 r. To the department of general services for a purchasing 9 11 system: 9 12 .................................................. $ 2,500,000 9 13 s. To the department of public defense for a preventive 9 14 maintenance system: 9 15 .................................................. $ 50,000 9 16 t. To the department of public health for a telephone 9 17 verification system: 9 18 .................................................. $ 400,000 9 19 u. To the department of human services for a family and 9 20 children's services (FACS) and statewide tracking of abuse 9 21 reports (STAR) system upgrades: 9 22 .................................................. $ 265,750 9 23 3. Effective July 1, 1999, the division of information 9 24 technology in the department of general services shall not 9 25 deposit any additional moneys into the reversion technology 9 26 initiatives account, unless reauthorized to do so by the 9 27 general assembly during the 1999 regular session. Funds 9 28 allocated to a project pursuant to this section which are 9 29 encumbered prior to July 1, 1999, may be spent for the 9 30 specified purpose as provided in this Act. Funds which are 9 31 allocated but unencumbered as of July 1, 1999, shall revert to 9 32 the general fund. 9 33 4. The department of management, in cooperation with the 9 34 information technology services division of the department of 9 35 general services, shall develop a standard budget request form 10 1 for technology or business reengineering projects. A 10 2 department requesting funding for projects which will cost 10 3 more than $100,000 shall use the request form. The form shall 10 4 require consistent reporting criteria including, but not 10 5 limited to, project description, project goals, project 10 6 performance measures, return on investment, cost, time frame, 10 7 funding sources, and customer base. 10 8 Sec. 8. YEAR 2000 REPORTING. 10 9 1. Every department, institution under the control of the 10 10 board of regents, and office of a statewide elected official, 10 11 other than the governor, shall report monthly on forms as 10 12 provided by the year 2000 program office on the progress of 10 13 such department, regents institution, or office in 10 14 implementing century date change programming. Such reports 10 15 shall be submitted to the legislative oversight committee, the 10 16 legislative fiscal bureau, and the year 2000 program office. 10 17 2. The judicial department shall report monthly on forms 10 18 as provided by the year 2000 program office on the progress of 10 19 the department in implementing century date change 10 20 programming. Such report shall be submitted to the 10 21 legislative oversight committee. 10 22 3. The computer support bureau shall report monthly on 10 23 forms as provided by the year 2000 program office on the 10 24 progress of the bureau in implementing century date change 10 25 programming. Such report shall be submitted to the 10 26 legislative oversight committee. 10 27 Sec. 9. YEAR 2000 PROGRESS AUDIT. The legislative council 10 28 shall initiate a progress audit concerning the implementation 10 29 of century date change programming. The legislative council 10 30 shall retain a person knowledgeable in the area of century 10 31 date change programming to conduct the progress audit and such 10 32 person shall not be associated with or performing any tasks 10 33 under the direction of the department of management, the year 10 34 2000 program office, or any other state agency. The person 10 35 retained to conduct the progress audit shall provide a written 11 1 report to the legislative council on or before November 1, 11 2 1998, including the results of the audit and any information 11 3 as deemed necessary by the legislative council. 11 4 Sec. 10. PROHIBITION ON PRIVATIZATION OF IOWACCESS. 11 5 Notwithstanding any contrary provision, the IowAccess system 11 6 for providing electronic access to government records, if 11 7 enacted by the Seventy-seventh General Assembly, 1998 Regular 11 8 Session, shall not be privatized, if at all, prior to February 11 9 1, 1999, and shall remain under the direction and control of 11 10 the appropriate state agency, as provided in such enactment. 11 11 Sec. 11. NEW SECTION. 18.181 IOWACCESS ADVISORY COUNCIL. 11 12 1. An IowAccess advisory council is created within the 11 13 division of information technology services of the department. 11 14 At a minimum, the advisory council shall be composed of all of 11 15 the following: 11 16 a. A person appointed by the legislative council, who may 11 17 be a member or a staff member of the general assembly, 11 18 designated to represent the general assembly. 11 19 b. The chief justice of the supreme court or the chief 11 20 justice's designee to represent the judicial branch. 11 21 c. The director of the department of management or the 11 22 director's designee. 11 23 d. The auditor of state or the auditor's designee. 11 24 e. (1) Seven individuals to be appointed as follows: 11 25 (a) Three members appointed by the governor. 11 26 (b) Two members appointed by the majority leader of the 11 27 senate in consultation with the minority leader of the senate. 11 28 (c) Two members appointed by the speaker of the house of 11 29 representatives in consultation with the majority and minority 11 30 leaders of the house of representatives. 11 31 (2) Members appointed pursuant to subparagraph (1) shall 11 32 include the following: 11 33 (a) One member representing financial institutions who 11 34 shall be actively engaged in finance and banking. 11 35 (b) One person representing insurers who shall be actively 12 1 engaged in the insurance industry. 12 2 (c) One person representing attorneys who shall be 12 3 actively engaged in the profession of law. 12 4 (d) One person representing media interests. 12 5 (e) One person representing cities who shall be actively 12 6 engaged in the administration of a city. 12 7 (f) One person representing counties who shall be actively 12 8 engaged in the administration of a county. 12 9 (g) One person with technical expertise who shall provide 12 10 guidance and advice on the status of technology and 12 11 anticipated technological developments. 12 12 (3) A person appointed pursuant to this paragraph shall 12 13 not directly or indirectly have a conflict of interest. 12 14 f. Other heads of agencies or elected officials or their 12 15 designees as well as other representatives of the public, 12 16 business, and industry as determined by the director of the 12 17 division of information technology services. 12 18 2. Persons appointed by the director of the division of 12 19 information technology services shall be selected from a list 12 20 of candidates nominated by interested organizations consulted 12 21 by the director. 12 22 3. Appointed members shall serve three-year terms 12 23 beginning and ending as provided in section 69.19. An 12 24 appointed member is eligible for reappointment to one 12 25 additional three-year term. A vacancy on the board shall be 12 26 filled for the unexpired portion of the regular term in the 12 27 same manner as regular appointments are made. 12 28 4. The advisory council shall meet not less than four 12 29 times annually, and may meet more frequently at the call of 12 30 the chairperson or upon written request of six or more members 12 31 to the chairperson. The chairperson shall call a meeting of 12 32 the council at least once every three months. The advisory 12 33 council shall annually select a chairperson from among its 12 34 members. 12 35 Sec. 12. NEW SECTION. 18.182 POWERS AND DUTIES OF THE 13 1 IOWACCESS ADVISORY COUNCIL. 13 2 The director of the division of information technology 13 3 services shall seek the advice of the advisory council 13 4 regarding all of the following: 13 5 1. Developing a process for reviewing and establishing 13 6 priorities for implementation of electronic access to 13 7 government records. 13 8 2. Establishing priorities for implementing electronic 13 9 access to government records. 13 10 3. Establishing priorities for implementing electronic 13 11 transactions involving government agencies and members of the 13 12 public. 13 13 4. Budgeting, funding, and operating expenses related to 13 14 developing, implementing, and maintaining electronic access to 13 15 government records. 13 16 5. Reviewing, inspecting, and evaluating the technology 13 17 and financial audits as required in section 18.185, for the 13 18 purpose of recommending program improvements, efficiencies, 13 19 and priorities to the division of information technology 13 20 services. 13 21 6. Reviewing the basis of all charges and fees to the 13 22 public for accessing government records electronically to 13 23 ensure that the charges do not exceed the reasonable cost of 13 24 providing a public record as provided in section 22.3A. 13 25 7. Reviewing requests for proposals, proposals, and 13 26 contracts which involve the management and operation of the 13 27 IowAccess network by a private entity. 13 28 8. Monitoring privacy and confidentiality of public 13 29 records which are accessed electronically. 13 30 Sec. 13. NEW SECTION. 18.183 POWERS AND RESPONSIBILITIES 13 31 VESTED IN INDIVIDUAL GOVERNMENT AGENCIES. 13 32 1. The government agency that is the lawful custodian of a 13 33 public record shall be responsible for determining whether a 13 34 record is required by state statute to be confidential. The 13 35 transmission of a record by a government agency by use of 14 1 electronic means established, maintained, or managed by the 14 2 division of information technology services shall not 14 3 constitute a transfer of the legal custody of the record from 14 4 the individual government agency to the division of 14 5 information technology services or to any other person or 14 6 entity. 14 7 2. The division of information technology services shall 14 8 not have authority to determine whether an individual 14 9 government agency should automate records of which the 14 10 individual government agency is the lawful custodian. 14 11 However, the division may encourage governmental agencies to 14 12 implement electronic access to government records as provided 14 13 in section 18.182. 14 14 3. A government agency shall not limit access to a record 14 15 by requiring a citizen to receive the record electronically as 14 16 the only means of providing the record. A person shall have 14 17 the right to examine and copy a printed form of a public 14 18 record as provided in section 22.2, unless the public record 14 19 is confidential. 14 20 4. A person who contracts with a government agency to 14 21 provide access or disseminate public records by electronic or 14 22 other means shall pay the same fee which would be charged to 14 23 the public under chapter 22 for any public record that is in 14 24 any manner utilized by the person in a venture that is not 14 25 part of the contract with the government agency. 14 26 Sec. 14. NEW SECTION. 18.184 FINANCIAL TRANSACTIONS. 14 27 1. The division of information technology services shall 14 28 collect moneys paid to participating governmental entities 14 29 from persons who complete an electronic financial transaction 14 30 with the governmental entity by accessing the IowAccess 14 31 network. The moneys may include all of the following: 14 32 a. Fees required to obtain an electronic public record as 14 33 provided in section 22.3A. 14 34 b. Fees required to process an application or file a 14 35 document, including but not limited to fees required to obtain 15 1 a license issued by a licensing authority. 15 2 c. Moneys owed to a governmental entity by a person 15 3 accessing the IowAccess network in order to satisfy a 15 4 liability arising from the operation of law, including the 15 5 payment of assessments, taxes, fines, and civil penalties. 15 6 2. Moneys transferred using the IowAccess network may 15 7 include amounts owed by a governmental entity to a person 15 8 accessing the IowAccess network in order to satisfy a 15 9 liability of the governmental entity. The moneys may include 15 10 the payment of tax refunds, and the disbursement of support 15 11 payments as defined in section 252D.16 or 598.1 as required 15 12 for orders issued pursuant to section 252B.14. 15 13 3. The division of information technology services shall 15 14 serve as the agent of the governmental entity in collecting 15 15 moneys for receipt by governmental entities. The moneys shall 15 16 be transferred to governmental entities directly or to the 15 17 treasurer of state for disbursement to governmental entities 15 18 as required by the treasurer of state in cooperation with the 15 19 auditor of state. 15 20 4. In addition to other forms of payment, credit cards 15 21 shall be accepted in payment for moneys owed to a governmental 15 22 entity as provided in this section, according to rules which 15 23 shall be adopted by the treasurer of state. The fees to be 15 24 charged shall not exceed those permitted by statute. A 15 25 governmental entity may adjust its fees to reflect the cost of 15 26 processing as determined by the treasurer of state. The 15 27 discount charged by the credit card issuer may be included in 15 28 determining the fees to be paid for completing a financial 15 29 transaction under this section by using a credit card. 15 30 Sec. 15. NEW SECTION. 18.185 AUDITS REQUIRED. 15 31 A technology audit of the electronic transmission system by 15 32 which government records are transmitted electronically to the 15 33 public shall be conducted not less than once annually for the 15 34 purpose of determining that government records and other 15 35 electronic data are not misappropriated or misused by the 16 1 division of information technology services or a contractor of 16 2 the division. A financial audit shall be conducted not less 16 3 than once annually to determine the financial condition of the 16 4 division of information technology services and to make other 16 5 relevant inquiries. 16 6 Sec. 16. NEW SECTION. 18.186 CREDIT CARDS ACCEPTED. 16 7 In addition to other forms of payment, credit cards may be 16 8 accepted in payment for any fees, including but not limited to 16 9 interest, penalties, subscriptions, registrations, purchases, 16 10 applications, licenses, permits, or other filings transmitted 16 11 or transactions conducted electronically. The fees to be 16 12 charged shall not exceed those permitted by statute, except 16 13 that the discount charged by the credit card issuer may be 16 14 included in determining the fee to be charged for records 16 15 transmitted or transactions conducted electronically. 16 16 Sec. 17. Section 22.2, subsection 1, Code 1997, is amended 16 17 to read as follows: 16 18 1. Every person shall have the right to examine and copy a 16 19 publicrecordsrecord and to publish or otherwise disseminate 16 20 a publicrecordsrecord or the information containedtherein16 21 in a public record. Unless otherwise provided for by law, the 16 22 right to examine a public record shall include the right to 16 23 examine a public record without charge while the public record 16 24 is in the physical possession of the custodian of the public 16 25 record. The right to copy a publicrecordsrecord shall 16 26 include the right to make photographs or photographic copies 16 27 while therecords arepublic record is in the possession of 16 28 the custodian of therecordspublic record. All rights under 16 29 this section are in addition to the right to obtain a 16 30 certifiedcopiescopy ofrecordsa public record under section 16 31 622.46. 16 32 Sec. 18. Section 22.3A, subsection 2, paragraph a, Code 16 33 1997, is amended to read as follows: 16 34 a. If access to the data processing software is provided 16 35 to a person solely for the purpose of accessing a public 17 1 record, the amount shall be not more than that required to 17 2 recover direct publication costs, including but not limited to 17 3 editing, compilation, and media production costs, incurred by 17 4 the government body in developing the data processing 17 5 software, and preparing the data processing software for 17 6 transfer to the person. The amount shall be in addition to 17 7 any other fee required to be paid under this chapter for the 17 8 examination and copying of a public record. If a person 17 9 requests the reproduction of a public record stored in an 17 10 electronic format that does not require formatting, editing, 17 11 or compiling to reproduce the public record, the charge for 17 12 providing the reproduced public record shall not exceed the 17 13 reasonable cost of reproducing and transmitting that public 17 14 record. The government body shall, if requested, provide 17 15 documentation which explains and justifies the amount charged. 17 16 This paragraph shall not apply to any publication for which a 17 17 price has been established pursuant to another section, 17 18 including section 7A.22. 17 19 Sec. 19. FUNDING FOR IOWACCESS. Notwithstanding section 17 20 321A.3, subsection 1, for the fiscal year beginning July 1, 17 21 1998, in an amount not to exceed four hundred thousand 17 22 dollars, up to one dollar of each five dollar transaction 17 23 shall be transferred to the division of information technology 17 24 services of the department of general services for the 17 25 purposes of developing, implementing, maintaining, and 17 26 expanding electronic access to government records in 17 27 accordance with the requirements as set forth in chapter 18, 17 28 division VII. For fiscal years beginning on or after July 1, 17 29 1999, funding for the purposes of developing, implementing, 17 30 maintaining, and expanding electronic access to government 17 31 records in accordance with the requirements as set forth in 17 32 chapter 18, division VII, shall be provided through the 17 33 general assembly's appropriation process and the department of 17 34 general services shall include a line item request for such 17 35 funding in the department's annual budget request. 18 1 Notwithstanding section 8.33, unobligated and unencumbered 18 2 funds remaining at the end of a fiscal year shall not revert 18 3 to the general fund of the state, but rather shall remain to 18 4 be used in subsequent fiscal years for the purposes authorized 18 5 in chapter 18, division VII. 18 6 Sec. 20. IOWACCESS INTENT. It is the intent of the 18 7 general assembly that the IowAccess advisory council, 18 8 established in this Act, review the performance of a vendor 18 9 acting as a network manager at intervals not to exceed five 18 10 years. 18 11 Sec. 21. IOWACCESS CODIFICATION. The Code editor shall 18 12 codify the amendments to chapter 18 in this Act as division 18 13 VII of chapter 18. 18 14 Sec. 22. 1997 Iowa Acts, chapter 209, section 2, 18 15 subsections 1 and 2, are amended to read as follows: 18 16 1. For state acquisition in accordance with the 18 17 competitive bidding requirements of this section and as a 18 18 condition of the appropriation made in this subsection of new 18 19 devices, equipment, or systems that are date or time 18 20 sensitive, and information technology hardware and software 18 21 which already includes the century date change programming and 18 22 which achieves additional purposes in replacing state 18 23 hardware,andsoftware, and devices, equipment, or systems 18 24 that are date or time sensitive for which the century date 18 25 change programming or other related corrective action is 18 26 required: 18 27 .................................................. $ 2,000,000 18 28 Moneys appropriated in this subsection shall be used for 18 29 the purpose designated and notwithstanding section 8.39 are 18 30 not subject to transfer or use for any other purpose, except 18 31 that moneys remaining after the purchase of such hardware and 18 32 software may be used for the purposes designated in subsection 18 33 2. 18 34 2. For the costs of century date change programming or 18 35 other related corrective action in existing state devices, 19 1 equipment, or systems and information technology software that 19 2 are date or time sensitive to the century date change when 19 3 state acquisition of new information technology hardware,and19 4 software, and devices, equipment, or systems that are date or 19 5 time sensitive which already includes the century date change 19 6 programming and which achieves additional purposes to 19 7 incorporate the century date change, is not cost effective, 19 8 provided the programming or other related corrective action is 19 9 acquired in accordance with the competitive bidding 19 10 requirements of this section and as a condition of the 19 11 appropriation made in this subsection: 19 12 .................................................. $ 3,000,000 19 13 Moneys appropriated in this subsection shall be used for 19 14 the purpose designated and notwithstanding section 8.39 are 19 15 not subject to transfer or use except for the purposes of 19 16 additional acquisitions under subsection 1. 19 17 The department shall not enter into a contract or any other 19 18 obligation for the purpose of addressing the need for century 19 19 date programming or other corrective action related to 19 20 devices, equipment, or systems that are date or time sensitive 19 21 to the century date change which would require the need for 19 22 funding in excess of the amount appropriated in this section. 19 23 The department shall utilize, to the greatest extent possible, 19 24 students and other knowledgeable persons connected with Iowa's 19 25 colleges and universities in developing or acquiring hardware, 19 26 software, and programming funded under this section. 19 27 Otherwise, any acquisition for the purposes described in this 19 28 section is subject to competitive bidding requirements in rule 19 29 adopted under law and in accordance with the requirements of 19 30 this section. In order to maintain maximum open and free 19 31 competition among bidders, an eligible bidder shall have been 19 32 organized or doing business prior to January 1, 1997. In 19 33 addition, an eligible bidder shall not have a relationship 19 34 with the state for assessment of bids or for preparation of a 19 35 request for proposals under this section. A bidder with an 20 1 actual or organizational conflict of interest shall be 20 2 disqualified. A bidder shall be considered to have a conflict 20 3 of interest if the organization, or a parent, subsidiary, or 20 4 affiliated organization, of which the bidder is a shareholder, 20 5 partner, limited partner, or member, has a conflict of 20 6 interest. A bidder shall provide assurances of compliance 20 7 with the requirements of this paragraph at the time of 20 8 submitting a bid or proposal for any acquisitionfor the20 9purposesof information technology hardware, software, or 20 10 programming described in this section. 20 11 Notwithstanding section 8.33, moneys appropriated in this 20 12 section which remain unexpended or unencumbered at the close 20 13 of the fiscal year shall not revert to the general fund of the 20 14 state but shall remain available to be used for the purposes 20 15 designated until the close of the fiscal year beginning July 20 16 1, 1999. 20 17 Sec. 23. 1997 Iowa Acts, chapter 210, section 2, 20 18 subsection 1, paragraph b, is amended to read as follows: 20 19 b. There is appropriated from the rebuild Iowa 20 20 infrastructure fund created in section 8.57, subsection 5, to 20 21 the Iowa communications network fund under the control of the 20 22 Iowa telecommunications and technology commission for the 20 23 fiscal year beginning July 1, 1998, and ending June 30, 1999, 20 24 the following amount, or so much thereof as is necessary, to 20 25 be used for the purpose designated: 20 26 For the connection of Part III authorized users as 20 27 determined by the commission and communicated to the general 20 28 assembly: 20 29 .................................................. $17,704,00020 30 18,904,000 20 31 Notwithstanding section 8.33, moneys appropriated in this 20 32 section which remain unobligated or unexpended at the close of 20 33 the fiscal year shall not revert to the general fund of the 20 34 state but shall remain available for the fiscal year beginning 20 35 July 1, 1999, and ending June 30, 2000, for the purpose of 21 1 completing the connections of Part III authorized users as 21 2 approved by the general assembly, whether or not such users 21 3 were part of the Part III contracts executed in 1995. 21 4 However, the commission shall only add a new site which was 21 5 not part of the 1995 contract relating to Part III connections 21 6 upon the withdrawal of a site included under such contract. 21 7 Notwithstanding any contrary provision, the commission 21 8 shall not permit any new connections to the network after June 21 9 30, 1999, except for a connection where the construction 21 10 associated with such connection has commenced on or before 21 11 June 30, 1999. 21 12 The commission is authorized for no more than 100 full-time 21 13 equivalent positions. 21 14 Fifteen of the full-time equivalent positions appropriated 21 15 for in this section relate to the transition of personnel 21 16 services contractors to full-time equivalent positions. The 21 17 merit system provisions of chapter 19A and the provisions of 21 18 the collective bargaining agreements entered into between the 21 19 state and the respective union or bargaining unit shall not 21 20 govern movement into these full-time equivalent positions 21 21 until September 1, 1998. 21 22 Sec. 24. 1997 Iowa Acts, chapter 210, section 2, 21 23 subsection 1, is amended by adding the following new 21 24 paragraph: 21 25 NEW PARAGRAPH. g. The Iowa telecommunications and 21 26 technology commission is authorized to use Part III funding to 21 27 convert any leased analog circuit to a leased DS-3 circuit for 21 28 a Part III site when the existing contract vendor agrees to 21 29 upgrade the service. 21 30 Sec. 25. 1997 Iowa Acts, chapter 210, section 10, 21 31 subsection 1, unnumbered paragraph 1, is amended to read as 21 32 follows: 21 33 The department of general services shall establish a 21 34 reversion incentive program fund for purposes of supporting 21 35 the implementation of century date change programming and 22 1 other corrective action related to devices, equipment, or 22 2 systems that are date or time sensitive to the century date 22 3 change, and shall be funded as follows: 22 4 Sec. 26. 1997 Iowa Acts, chapter 210, section 10, 22 5 subsection 1, paragraph e, is amended to read as follows: 22 6 e. An agency expending moneys from the fund for 22 7 implementing century date change programming and other 22 8 corrective action related to devices, equipment, or systems 22 9 that are date or time sensitive to the century date change and 22 10 which receives moneys from another source, including but not 22 11 limited to the United States government, for the same purpose 22 12 shall deposit an amount equal to the amount received from the 22 13 other source into the general fund of the state up to the 22 14 amount expended from the fund. 22 15 Sec. 27. 1997 Iowa Acts, chapter 210, section 10, 22 16 subsection 1, is amended by adding the following new 22 17 paragraph: 22 18 NEW PARAGRAPH. g. Notwithstanding other provisions of 22 19 this section, the year 2000 program office, from funds 22 20 appropriated to the reversion incentive program fund provided 22 21 in this section, shall conduct an initial year 2000 compliance 22 22 assessment of each office of a statewide elected official 22 23 other than the office of the governor and the lieutenant 22 24 governor. 22 25 Sec. 28. 1997 Iowa Acts, chapter 210, section 10, 22 26 subsection 2, unnumbered paragraph 1, is amended to read as 22 27 follows: 22 28 The department shall not enter into a contract or any other 22 29 obligation for the purpose of addressing the need for century 22 30 date programming or other corrective action related to 22 31 devices, equipment, or systems that are date or time sensitive 22 32 to the century date change which would require the need for 22 33 funding in excess of the amount appropriated in this section. 22 34 The department shall utilize, to the greatest extent possible, 22 35 students and other knowledgeable persons connected with Iowa's 23 1 colleges and universities in developing or acquiring hardware, 23 2 software, and programming funded under this section. 23 3 Otherwise, any acquisition for the purposes described in this 23 4 section is subject to competitive bidding requirements in rule 23 5 adopted under law and in accordance with the requirements of 23 6 this section. In order to maintain maximum open and free 23 7 competition among bidders, an eligible bidder shall have been 23 8 organized or doing business prior to January 1, 1997. In 23 9 addition, an eligible bidder shall not have a relationship 23 10 with the state for assessment of bids or for preparation of a 23 11 request for proposals under this section. A bidder with an 23 12 actual or organizational conflict of interest shall be 23 13 disqualified. A bidder shall be considered to have a conflict 23 14 of interest if the organization, or a parent, subsidiary, or 23 15 affiliated organization, of which the bidder is a shareholder, 23 16 partner, limited partner, or member, has a conflict of 23 17 interest. A bidder shall provide assurances of compliance 23 18 with the requirements of this paragraph at the time of 23 19 submitting a bid or proposal for any acquisitionfor the23 20purposesof information technology hardware, software, or 23 21 programming described in this section. 23 22 Sec. 29. EFFECTIVE DATE. Sections 7, 8, 22, 23, 24, 25, 23 23 26, 27, and 28, and this section of this Act, being deemed of 23 24 immediate importance, take effect upon enactment. 23 25 23 26 23 27 23 28 MARY E. KRAMER 23 29 President of the Senate 23 30 23 31 23 32 23 33 RON J. CORBETT 23 34 Speaker of the House 23 35 24 1 I hereby certify that this bill originated in the Senate and 24 2 is known as Senate File 2418, Seventy-seventh General Assembly. 24 3 24 4 24 5 24 6 MARY PAT GUNDERSON 24 7 Secretary of the Senate 24 8 Approved , 1998 24 9 24 10 24 11 24 12 TERRY E. BRANSTAD 24 13 Governor
Text: SF02417 Text: SF02419 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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