Text: H08560 Text: H08562 Text: H08500 - H08599 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2395, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 "Section 1. LEGISLATIVE FINDINGS. The general 1 6 assembly finds and declares all of the following: 1 7 1. Information technology resources in state 1 8 government are valuable strategic assets belonging to 1 9 the citizens of Iowa and must be managed accordingly. 1 10 2. State agencies independently acquire 1 11 duplicative information technologies that would be 1 12 more appropriately acquired as part of a coordinated 1 13 effort for maximum cost-effectiveness, maximized 1 14 service, and efficiency. 1 15 3. Considerations of both cost and the need for 1 16 the transfer of information among the various agencies 1 17 and branches of state government in the most timely 1 18 and useful form possible require a uniform policy and 1 19 coordinated system for the use and acquisition of 1 20 communication and information technologies. 1 21 4. The appropriate use of information technology 1 22 by the state can improve operational productivity, 1 23 reduce the cost of government, enhance service to the 1 24 citizens of Iowa, and make government more accessible 1 25 to the public. 1 26 5. The use of information technology to provide 1 27 government services directly to citizens can be a 1 28 cost-effective method of delivering such services. 1 29 6. Planning, investment, protection, and direction 1 30 for information technology resources must be enacted 1 31 to accomplish all of the following: 1 32 a. Ensure the effective application of information 1 33 technology on state business operations. 1 34 b. Ensure the quality, security, and integrity of 1 35 state business operations. 1 36 c. Enhance privacy to the citizens of the state. 1 37 7. The state must provide information technology 1 38 infrastructure, technical directions, and a proficient 1 39 organizational management structure to facilitate the 1 40 productive application of information technology and 1 41 resources to accomplish the missions and goals of 1 42 state government. 1 43 8. Oversight of large-scale systems or projects is 1 44 necessary to protect the state's investment and to 1 45 ensure appropriate integration with existing or 1 46 planned systems. 1 47 9. Appropriate public-private partnerships to 1 48 supplement existing resources must be developed as a 1 49 strategy for the state to comprehensively meet its 1 50 information technology needs. 2 1 10. Establishment of an information technology 2 2 department is necessary to achieve the goals 2 3 identified in this section, to effectively plan for, 2 4 develop, and manage information technology and related 2 5 resources, and to assure that the needs of the 2 6 citizens of this state, as well as the state's needs, 2 7 are met. 2 8 Sec. 2. Section 7E.5, subsection 1, Code 1999, is 2 9 amended by adding the following new paragraph: 2 10 NEW PARAGRAPH. x. The information technology 2 11 department, created in chapter 14B, which has primary 2 12 responsibility for the development and application of 2 13 information technology in state government and the 2 14 operation of the Iowa communications network. 2 15 Sec. 3. NEW SECTION. 14B.101 DEFINITIONS. 2 16 As used in this chapter, unless the context 2 17 otherwise requires: 2 18 1. "Acquire" means to procure, obtain, purchase, 2 19 lease-purchase, or lease information technology. 2 20 2. "Agency" means a unit of state government, 2 21 which is an authority, board, commission, committee, 2 22 council, department, examining board, or independent 2 23 agency as defined in section 7E.4, including but not 2 24 limited to each principal central department 2 25 enumerated in section 7E.5. However, "agency" does 2 26 not mean any of the following: 2 27 a. The office of the governor. 2 28 b. The general assembly, or any office or unit 2 29 under its administrative authority. 2 30 c. The judicial branch, as provided in section 2 31 602.1102. 2 32 d. A political subdivision of the state or its 2 33 offices or units, including but not limited to a 2 34 county, city, or community college. 2 35 3. "Director" means the director of the 2 36 information technology department appointed as 2 37 provided in section 14B.103. 2 38 4. "Governmental entity" means any unit of 2 39 government in the executive, legislative, or judicial 2 40 branches of government; an agency or political 2 41 subdivision; any unit of another state government, 2 42 including its political subdivisions; and any unit of 2 43 the United States government. 2 44 5. "Information technology" means computing, 2 45 electronics, and telecommunications technologies used 2 46 to process and distribute information in digital and 2 47 other forms and includes information technology 2 48 devices and information technology services. 2 49 6. "Information technology council" means the 2 50 information technology council established in section 3 1 14B.104. 3 2 7. "Information technology device" means equipment 3 3 or associated software, including programs, languages, 3 4 procedures, or associated documentation, used in 3 5 operating the equipment which is designed for 3 6 utilizing information stored in an electronic format. 3 7 "Information technology devices" includes but is not 3 8 limited to computer systems, computer networks, and 3 9 equipment used for input, output, processing, storage, 3 10 display, communication, video transmission, scanning, 3 11 and printing. 3 12 8. "Information technology services" means 3 13 services designed to do any of the following: 3 14 a. Facilitate the acquisition of information 3 15 technology devices. 3 16 b. Provide functions, maintenance, and support of 3 17 information technology devices. 3 18 c. Provide services including, but not limited to, 3 19 any of the following: 3 20 (1) Computer systems application development and 3 21 maintenance. 3 22 (2) Systems integration and interoperability. 3 23 (3) Operating systems maintenance and design. 3 24 (4) Computer systems programming. 3 25 (5) Computer systems software support. 3 26 (6) Planning and security relating to information 3 27 technology devices. 3 28 (7) Data management consultation. 3 29 (8) Information technology education and 3 30 consulting. 3 31 (9) Information technology planning and standards. 3 32 (10) Establishment of local area network and 3 33 workstation management standards. 3 34 9. "Participating agency" means any agency other 3 35 than any of the following: 3 36 a. The state board of regents and institutions 3 37 operated under the authority of the state board of 3 38 regents. 3 39 b. The public broadcasting division of the 3 40 department of education. 3 41 c. The state department of transportation mobile 3 42 radio network. 3 43 d. The department of public safety law enforcement 3 44 communications systems. 3 45 10. "Public records" means the same as defined in 3 46 section 22.1. 3 47 Sec. 4. NEW SECTION. 14B.102 DEPARTMENT 3 48 ESTABLISHED – MISSION – POWERS AND DUTIES. 3 49 1. DEPARTMENT ESTABLISHED. The information 3 50 technology department is established as a state 4 1 department. The mission of the department is to 4 2 foster the development and application of information 4 3 technology to improve the lives of Iowans. 4 4 2. POWERS AND DUTIES OF DEPARTMENT. The powers 4 5 and duties of the department shall include, but are 4 6 not limited to, all of the following: 4 7 a. Providing information technology to 4 8 participating agencies and other governmental entities 4 9 as provided in this chapter. 4 10 b. Implementing the strategic information 4 11 technology plan as prepared and updated by the 4 12 information technology council. 4 13 c. Developing and implementing a business 4 14 continuity plan, as the director determines is 4 15 appropriate, to be used if a disruption occurs in the 4 16 provision of information technology to participating 4 17 agencies and other governmental entities. 4 18 d. Developing and implementing standards for 4 19 information technology, including but not limited to 4 20 system design and systems integration and 4 21 interoperability, which when implemented shall apply 4 22 to all participating agencies except as otherwise 4 23 provided in this chapter. 4 24 e. Developing and maintaining an information 4 25 technology architecture consistent with standards 4 26 established by the information technology council. 4 27 f. Developing and maintaining security policies 4 28 and systems to ensure the integrity of the state's 4 29 information resources and to prevent the disclosure of 4 30 confidential records. 4 31 g. Coordinating the use of information technology 4 32 among participating agencies and other governmental 4 33 entities, to ensure that all components of information 4 34 technology are compatible to the extent deemed 4 35 necessary by the information technology council. 4 36 h. Developing and implementing effective and 4 37 efficient strategies for the use and provision of 4 38 information technology for participating agencies and 4 39 other governmental entities. 4 40 i. Acquiring any information technology device 4 41 necessary for participating agencies. 4 42 j. Acquiring or assisting with the acquisition of 4 43 information technology for governmental entities other 4 44 than participating agencies, if requested by such 4 45 entities, and upon entering into an agreement to 4 46 provide such information technology. 4 47 k. Establishing criteria by which agencies obtain 4 48 information technology services from the department. 4 49 l. Selling or otherwise disposing of information 4 50 technology devices not needed by the department. 5 1 m. Entering into agreements pursuant to chapter 5 2 28D or 28E, or memorandums of understanding or other 5 3 agreements as necessary and appropriate to administer 5 4 this chapter. 5 5 n. Establishing and maintaining, in cooperation 5 6 with the department of revenue and finance and the 5 7 department of general services, an inventory of 5 8 information technology devices used by participating 5 9 agencies and other governmental entities using the 5 10 department's services. The information technology 5 11 department may request a participating agency to 5 12 provide such information as is necessary to establish 5 13 and maintain an inventory as required under this 5 14 paragraph, and such participating agency shall provide 5 15 such information to the department in a timely manner. 5 16 3. FEES. The department may charge a reasonable 5 17 and necessary fee to a participating agency or other 5 18 governmental entity for information technology 5 19 provided by the department to such agency or entity. 5 20 Fees charged pursuant to this subsection shall be 5 21 deposited in the Iowa information technology fund 5 22 created in section 14B.111. 5 23 4. DISPUTE RESOLUTION. If a dispute arises 5 24 between the department or information technology 5 25 council and an agency for which the department 5 26 provides or refuses to provide information technology, 5 27 the dispute shall be resolved as provided in section 5 28 679A.19. 5 29 Sec. 5. NEW SECTION. 14B.103 DIRECTOR – POWERS 5 30 AND DUTIES. 5 31 1. DIRECTOR APPOINTED. The chief administrative 5 32 officer of the department is the director. The 5 33 director shall be appointed by the governor, subject 5 34 to confirmation by the senate. The director shall 5 35 serve at the pleasure of the governor. The governor 5 36 shall set the salary of the director within the 5 37 applicable salary range established by the general 5 38 assembly. The director shall be selected on the 5 39 ability to administer the duties and functions granted 5 40 to the director and the department and shall devote 5 41 full time to the duties of the director. If the 5 42 office of director becomes vacant, the vacancy shall 5 43 be filled in the same manner as the original 5 44 appointment was made. 5 45 The director shall also serve as the chief 5 46 information officer for the state. 5 47 2. POWER AND DUTIES. The director of the 5 48 department shall do all of the following: 5 49 a. Plan, direct, coordinate, and execute the 5 50 functions necessary to carry out the duties of the 6 1 department. 6 2 b. Provide overall supervision, direction, and 6 3 coordination of functions of the department. 6 4 c. Employ personnel as necessary to carry out the 6 5 functions vested in the department consistent with 6 6 chapter 19A and enhance the recruitment, retention, 6 7 and training of professional staff. 6 8 d. Supervise and manage employees of the 6 9 department, and provide for the internal organization 6 10 of the department and for the allocation of functions 6 11 within the department consistent with section 7E.2. 6 12 e. Appoint advisory committees as appropriate to 6 13 assist the director in developing strategies for the 6 14 use and provision of information technology and 6 15 establish other advisory committees as necessary to 6 16 assist the director in carrying out the director's 6 17 duties under this chapter. The number of advisory 6 18 committees and advisory committee membership shall be 6 19 determined by the director to assure that the public 6 20 and agencies and other governmental entities have an 6 21 opportunity to comment on the services provided and 6 22 the service goals and objectives of the department. 6 23 f. Recommend to the information technology council 6 24 an annual budget for the department. 6 25 g. Recommend to the information technology council 6 26 rules deemed necessary for the implementation of this 6 27 chapter and proper administration of the department. 6 28 h. Recommend to the information technology council 6 29 information technology standards. 6 30 i. Develop and implement operational policies of 6 31 the department and be responsible for the day-to-day 6 32 operations of the department. 6 33 j. Develop and recommend to the information 6 34 technology council legislative proposals deemed 6 35 necessary for the continued efficiency of department 6 36 functions, and review legislative proposals generated 6 37 outside of the department which are related to matters 6 38 within the department's purview. 6 39 k. Provide advice to the governor on issues 6 40 related to information technology. 6 41 l. Consult with agencies and other governmental 6 42 entities on issues relating to information technology. 6 43 m. Work with all governmental entities in an 6 44 effort to achieve the information technology goals 6 45 established by the information technology council. 6 46 3. WAIVER. The director, when such authority is 6 47 delegated by the information technology council under 6 48 section 14B.104, may grant a waiver from a requirement 6 49 otherwise applicable to a participating agency in the 6 50 same manner as provided for the information technology 7 1 council under section 14B.104. 7 2 4. DELEGATION OF POWERS AND DUTIES. Powers and 7 3 duties vested in the director may be delegated by the 7 4 director to an employee of the department, but the 7 5 director retains the responsibility for an employee's 7 6 acts within the scope of the delegation. 7 7 5. APPEAL OF DIRECTOR'S DECISION. A decision by 7 8 the director may be appealed to the information 7 9 technology council, if such decision relates to 7 10 anything which is a responsibility of or is subject to 7 11 the authority of the information technology council. 7 12 A person aggrieved by such decision of the director 7 13 shall provided notice of such appeal to the 7 14 information technology council within thirty calendar 7 15 days of the decision of the director. An appeal of a 7 16 decision of the director shall be treated as a 7 17 contested case under chapter 17A. 7 18 Any other decision of the director is a final 7 19 agency action as provided under chapter 17A. 7 20 Sec. 6. NEW SECTION. 14B.104 INFORMATION 7 21 TECHNOLOGY COUNCIL – MEMBERS – POWERS AND DUTIES. 7 22 1. MEMBERSHIP. 7 23 a. An information technology council is 7 24 established with the authority to oversee information 7 25 technology activities of participating agencies as 7 26 provided in this chapter. The information technology 7 27 council is composed of nineteen members including the 7 28 following: 7 29 (1) The director of the information technology 7 30 department who shall be an ex officio, nonvoting 7 31 member and chairperson. 7 32 (2) The administrator of the public broadcasting 7 33 division of the department of education. 7 34 (3) The chairperson of the information technology 7 35 management council established in section 14B.109, or 7 36 the chairperson's designee. 7 37 (4) The chairperson of the IowAccess board 7 38 established in section 14B.201, or the chairperson's 7 39 designee. 7 40 (5) The chairperson of the federal executive 7 41 board, or the chairperson's designee. 7 42 (6) Two executive branch department heads 7 43 appointed by the governor. 7 44 (7) Two persons representing education, including 7 45 the chairperson of the education telecommunications 7 46 council and one person appointed by the governor. An 7 47 appointment made pursuant to this subparagraph shall 7 48 be made so that one person represents kindergarten 7 49 through grade twelve and one person represents higher 7 50 education. 8 1 (8) Five persons appointed by the governor who are 8 2 knowledgeable in information technology matters, and 8 3 who shall also serve as members of the information 8 4 technology council citizen subcommittee. 8 5 (9) One person representing the judicial branch 8 6 appointed by the chief justice of the supreme court 8 7 who shall serve in an ex officio, nonvoting capacity. 8 8 (10) Four members of the general assembly with not 8 9 more than one member from each chamber being from the 8 10 same political party. The two senators shall be 8 11 designated by the president of the senate after 8 12 consultation with the majority and minority leaders of 8 13 the senate, and with the approval of the majority 8 14 party appointee by the majority leader and the 8 15 approval of the minority party appointee by the 8 16 minority leader. The two representatives shall be 8 17 designated by the speaker of the house of 8 18 representatives after consultation with the majority 8 19 and minority leaders of the house of representatives, 8 20 and with the approval of the majority party appointee 8 21 by the majority leader and the approval of the 8 22 minority party appointee by the minority leader. 8 23 Legislative members shall serve in an ex officio, 8 24 nonvoting capacity. A legislative member is eligible 8 25 for per diem and expenses as provided in section 2.10. 8 26 b. The members appointed by the governor pursuant 8 27 to paragraph "a", subparagraphs (6) through (8), shall 8 28 serve three-year staggered terms as designated by the 8 29 governor and appointments to the information 8 30 technology council are subject to the requirements of 8 31 sections 69.16A and 69.19. Members appointed by the 8 32 governor pursuant to paragraph "a", subparagraphs (6) 8 33 through (8), shall not serve consecutive three-year 8 34 terms. Members appointed by the governor are subject 8 35 to senate confirmation and shall be reimbursed for 8 36 actual and necessary expenses incurred in performance 8 37 of their duties. Such members may also be eligible to 8 38 receive compensation as provided in section 7E.6. 8 39 2. DUTIES. The information technology council 8 40 shall do all of the following: 8 41 a. Adopt rules in accordance with chapter 17A 8 42 which are necessary for the exercise of the powers and 8 43 duties granted by this chapter and the proper 8 44 administration of the department. 8 45 b. Establish, by rule, information technology 8 46 standards which shall be adhered to in the procurement 8 47 of information technology for participating agencies, 8 48 and, as applicable, which shall be adhered to by all 8 49 participating agencies, unless waived pursuant to 8 50 section 14B.103 or 14B.104. 9 1 c. Appoint advisory committees as appropriate to 9 2 assist the information technology council in 9 3 developing strategies for the use and provision of 9 4 information technology and establishing other advisory 9 5 committees as necessary to assist the information 9 6 technology council in carrying out its duties under 9 7 this chapter. The number of advisory committees and 9 8 their membership shall be determined by the 9 9 information technology council to assure that the 9 10 public and agencies and other governmental entities 9 11 have an opportunity to comment on the services 9 12 provided and the service goals and objectives of the 9 13 department. 9 14 d. Prepare and annually update a strategic 9 15 information technology plan for the use of information 9 16 technology throughout state government. The plan 9 17 shall promote participation in cooperative projects 9 18 with other governmental entities. The plan shall 9 19 establish a mission, goals, and objectives for the use 9 20 of information technology, including goals for 9 21 electronic access to government records, information, 9 22 and services. The plan shall be submitted annually to 9 23 the governor and the general assembly. 9 24 e. Review and recommend to the general assembly, 9 25 as deemed appropriate by the information technology 9 26 council, legislative proposals recommended by the 9 27 director, or other legislative proposals as developed 9 28 and deemed necessary by the information technology 9 29 council. 9 30 f. Review and approve, as deemed appropriate by 9 31 the information technology council, the annual budget 9 32 recommendation for the department as proposed by the 9 33 director. 9 34 3. WAIVER. The information technology council, 9 35 upon the written request of a participating agency and 9 36 for good cause shown, may grant a waiver from a 9 37 requirement otherwise applicable to a participating 9 38 agency relating to an information technology standard 9 39 established by the information technology council. 9 40 The information technology council may delegate its 9 41 authority to waive a requirement under this subsection 9 42 to the director. 9 43 4. FINAL AGENCY ACTION. A decision by the council 9 44 is a final agency action as provided under chapter 17A 9 45 and an appeal of the decision shall be made directly 9 46 to the district court. Any party to a contested case 9 47 may appeal the decision to the district court. 9 48 Sec. 7. NEW SECTION. 14B.105 DIVISIONS OF THE 9 49 DEPARTMENT – RESPONSIBILITIES. 9 50 The department shall initially include the 10 1 following divisions: 10 2 1. A policy and planning division which is 10 3 responsible for the integration of information 10 4 technology into all business aspects of state 10 5 government. 10 6 2. An operations division which is responsible for 10 7 providing all of the following: 10 8 a. Server systems, including mainframe and other 10 9 server operations. 10 10 b. Telecommunications. 10 11 c. Desktop support. 10 12 d. Applications integration. 10 13 3. A customer support division which is 10 14 responsible for providing applications development and 10 15 support, and advice and assistance in developing and 10 16 supporting business applications. 10 17 4. An administration division which is responsible 10 18 for the financial, personnel, and other administrative 10 19 functions of the department. The administration 10 20 division is also responsible for all information 10 21 technology purchasing and contract administration. 10 22 Sec. 8. NEW SECTION. 14B.106 OFFICE OF 10 23 INFORMATION TECHNOLOGY INNOVATION. 10 24 1. An office of information technology innovation 10 25 is established within the department which shall be 10 26 headed by an administrator appointed by the director. 10 27 2. The office is responsible for fostering 10 28 research and development activities and innovation in 10 29 the application and use of information technology in 10 30 state government. 10 31 3. The office shall provide staff support for the 10 32 information technology innovation advisory board. 10 33 4. The office may do any of the following: 10 34 a. Evaluate internet technologies for use by 10 35 agencies, including, but not limited to, systems for 10 36 internet access, security, and privacy protection. 10 37 b. Establish pilot projects for developing and 10 38 evaluating information technology applications for use 10 39 by agencies and for use in intergovernmental 10 40 applications. 10 41 c. Promote collaborative systems development with 10 42 the private sector. 10 43 d. Foster the creation of projects developing new 10 44 applications. 10 45 e. Promote experimental collaborative educational 10 46 opportunities with emerging technologies for 10 47 information technology professionals in state 10 48 government. 10 49 f. Other activities as deemed necessary and 10 50 appropriate by the director. 11 1 Sec. 9. NEW SECTION. 14B.107 INFORMATION 11 2 TECHNOLOGY INNOVATION ADVISORY BOARD – FUND. 11 3 1. BOARD ESTABLISHED. An information technology 11 4 innovation advisory board is established to advise the 11 5 director concerning expenditures of funds from, and 11 6 the administration of, the information technology 11 7 innovation fund created in subsection 2. The board 11 8 shall be comprised of no less than four members 11 9 including the director of the information technology 11 10 department, the director of the department of 11 11 management, the chairperson of the IowAccess board, 11 12 and the chairperson of the information technology 11 13 management council. The information technology 11 14 council may also appoint additional members to this 11 15 board as deemed appropriate. 11 16 2. FUND CREATED – PURPOSE. 11 17 a. An information technology innovation fund is 11 18 created within the state treasury under the control of 11 19 the department. The fund shall consist of any money 11 20 appropriated by the general assembly and any other 11 21 moneys available to and obtained or accepted by the 11 22 department from the federal government or private 11 23 sources for placement in the fund. The assets of the 11 24 fund shall be used by the department only for carrying 11 25 out the purposes of this section. 11 26 b. The information technology innovation advisory 11 27 board may award grants from the fund as appropriate 11 28 and consistent with rules adopted by the information 11 29 technology council. The rules shall provide that 11 30 moneys in the fund be used primarily for research and 11 31 development efforts directly related to information 11 32 technology and the applications of such technology. 11 33 Sec. 10. NEW SECTION. 14B.108 OFFICE OF DIGITAL 11 34 GOVERNMENT. 11 35 1. An office of digital government is established 11 36 which shall be headed by an administrator appointed by 11 37 the director. 11 38 2. The office is responsible for initiating and 11 39 supporting the development of electronic commerce, 11 40 electronic government, and internet applications 11 41 across participating agencies and in cooperation with 11 42 other governmental agencies. 11 43 3. The office shall do all of the following: 11 44 a. Recommend standards to the information 11 45 technology council, consistent with other state law, 11 46 for the implementation of electronic commerce, 11 47 including standards for digital signatures, electronic 11 48 currency, and other items associated with electronic 11 49 commerce. 11 50 b. Recommend guidelines to the information 12 1 technology council for the appearance and functioning 12 2 of applications. 12 3 c. Recommend standards to the information 12 4 technology council for the integration of electronic 12 5 data across state agencies. 12 6 d. Foster joint development of electronic commerce 12 7 and electronic government involving the public and 12 8 private sectors. 12 9 e. Develop customer surveys and citizen outreach 12 10 and education programs and material, and provide for 12 11 citizen input regarding the state's electronic 12 12 commerce and electronic government applications. 12 13 f. Provide staff support for the IowAccess board. 12 14 Sec. 11. NEW SECTION. 14B.109 INFORMATION 12 15 TECHNOLOGY MANAGEMENT COUNCIL. 12 16 1. An information technology management council is 12 17 established to promote policies and practices that 12 18 will foster the effective use and management of 12 19 governmental information technology resources. The 12 20 council may assist government employees responsible 12 21 for achieving the efficient use of such resources by 12 22 providing leadership and fostering collaboration 12 23 regarding information technology and information 12 24 management among all governmental entities. 12 25 2. The information technology management council 12 26 shall consist of representatives of governmental 12 27 entities who choose to participate in the council. 12 28 Each governmental entity shall be permitted one vote 12 29 for the purposes of any action taken by the council 12 30 necessitating a vote. The head of each governmental 12 31 entity shall designate such governmental entity's 12 32 representative. A person designated as a 12 33 representative to the council should be knowledgeable 12 34 concerning the information technology and information 12 35 system needs of the designee's governmental entity. 12 36 3. The information technology management council 12 37 shall be chaired by a person appointed by the 12 38 governor. An individual appointed as chairperson 12 39 shall serve for a period of no more than two years 12 40 without being reappointed. A vice chairperson shall 12 41 be selected by a vote of the voting members of the 12 42 council. The council may elect such other officers as 12 43 deemed necessary by the council. 12 44 4. The information technology management council 12 45 shall do all of the following: 12 46 a. Promote the exchange of information among 12 47 governmental entities to facilitate the development of 12 48 technical knowledge and understanding regarding 12 49 information technology and information management. 12 50 b. Develop guidelines and foster the continued 13 1 expansion of projects that result in the sharing of 13 2 information technology resources that facilitate 13 3 information technology transfer and systems 13 4 integration within this state. 13 5 c. Promote research, development, evaluation, and 13 6 use of advanced information technologies appropriate 13 7 to state government in cooperation with the 13 8 information technology innovation advisory board 13 9 established under section 14B.107. 13 10 d. Maintain active contact with private 13 11 organizations having demonstrated expertise relevant 13 12 to the use and management of information technology 13 13 resources. 13 14 e. Promote education and training in management of 13 15 information technologies and resources as essential 13 16 components of professional development of the state 13 17 work force. 13 18 f. Advise the information technology council 13 19 regarding the operation and activities of the 13 20 department. 13 21 Sec. 12. NEW SECTION. 14B.110 INFORMATION 13 22 TECHNOLOGY STANDARDS – PROCUREMENT. 13 23 1. Notwithstanding the provisions of this section, 13 24 the information technology department and the 13 25 department of general services shall enter into an 13 26 interagency agreement regarding the division of 13 27 responsibilities between the departments associated 13 28 with the procurement of information technology which 13 29 is acceptable to both departments. The interagency 13 30 agreement shall be subject to renegotiation at least 13 31 every two years, unless an earlier time is provided 13 32 for in the interagency agreement. If the departments 13 33 are unable to agree on the terms of an interagency 13 34 agreement or upon a failure of either department to 13 35 satisfy the terms of the agreement, the departments 13 36 shall inform the department of management that an 13 37 agreement has not been reached or that one of the 13 38 departments has failed to satisfy the terms of the 13 39 agreement. The department of management, upon receipt 13 40 and review of such information, may direct the 13 41 information technology department to proceed with the 13 42 procurement of information technology as provided in 13 43 subsections 2 through 5. 13 44 2. a. Standards established by the council, 13 45 unless waived pursuant to section 14B.103 or 14B.104, 13 46 shall apply to all information technology procurements 13 47 for participating agencies. 13 48 b. A participating agency shall submit a request 13 49 to the department for the procurement of any 13 50 information technology. The department, prior to any 14 1 acquisition of such information technology, shall make 14 2 a determination whether the requested information 14 3 technology complies with the information technology 14 4 standards established by the information technology 14 5 council. If a determination is made that the 14 6 information technology complies with such standards, 14 7 the department shall procure the information 14 8 technology. If a determination is made that the 14 9 information technology does not comply with such 14 10 standards, the department shall disapprove the request 14 11 and such information technology shall not be procured 14 12 unless a waiver is granted pursuant to section 14B.103 14 13 or 14B.104. 14 14 The information technology department, at the 14 15 request of a participating agency other than the state 14 16 department of transportation, the department for the 14 17 blind, or the lottery division of the department of 14 18 revenue and finance, shall acquire the information 14 19 technology for the participating agency requesting 14 20 such information technology if it is determined to be 14 21 compliant with the standards established by the 14 22 information technology council. 14 23 The state department of transportation, the 14 24 department for the blind, or the lottery division of 14 25 the department of revenue and finance, upon a 14 26 determination by the information technology department 14 27 that a proposed information technology acquisition 14 28 complies with the information technology standards 14 29 established by the information technology council, may 14 30 proceed with such acquisition. The information 14 31 technology department shall provide advice to such 14 32 participating agency regarding the procurement of such 14 33 information technology, including any opportunity to 14 34 aggregate such purchases with other participating 14 35 agencies. 14 36 3. The information technology department, by rule, 14 37 may implement a prequalification procedure for 14 38 contractors which the department has entered or 14 39 intends to enter into agreements regarding the 14 40 procurement of information technology. 14 41 4. Notwithstanding the provisions of chapter 18, 14 42 the department may procure information technology as 14 43 provided in this section. The department may 14 44 cooperate with other governmental entities in the 14 45 procurement of information technology in an effort to 14 46 make such procurements in a cost-effective, efficient 14 47 manner as provided in this section. The department, 14 48 as deemed appropriate and cost-effective, may procure 14 49 information technology using any of the following 14 50 methods: 15 1 a. Cooperative procurement agreement. The 15 2 department may enter into a cooperative procurement 15 3 agreement with another governmental entity for the 15 4 purpose of pooling funds for the purchase of 15 5 information technology, whether such information 15 6 technology is for the use of the department or 15 7 multiple governmental entities. The cooperative 15 8 procurement agreement shall clearly specify the 15 9 purpose of the agreement and the method by which such 15 10 purpose will be accomplished. Any power exercised 15 11 under such agreement shall not exceed the power 15 12 granted to any party to the agreement. 15 13 b. Negotiated contract. The department may enter 15 14 into an agreement for the purchase of information 15 15 technology if any of the following applies: 15 16 (1) The contract price, terms, and conditions are 15 17 pursuant to the current federal supply contract, and 15 18 the purchase order adequately identifies the federal 15 19 supply contract under which the procurement is to be 15 20 made. 15 21 (2) The contract price, terms, and conditions are 15 22 no less favorable than the contractor's current 15 23 federal supply contract price, terms, and conditions; 15 24 the contractor has indicated in writing a willingness 15 25 to extend such price, terms, and conditions to the 15 26 department; and the purchase order adequately 15 27 identifies the contract relied upon. 15 28 (3) The contract is with a vendor which has a 15 29 current exclusive or nonexclusive price agreement with 15 30 the state for the information technology to be 15 31 procured, and such information technology meets the 15 32 same standards and specifications as the items to be 15 33 procured and both of the following apply: 15 34 (a) The quantity purchased does not exceed the 15 35 quantity which may be purchased under the applicable 15 36 price agreement. 15 37 (b) The purchase order adequately identifies the 15 38 price agreement relied upon. 15 39 c. Contracts let by another government entity. 15 40 The department, on its own behalf or on the behalf of 15 41 another participating agency, may procure information 15 42 technology under a contract let by another state 15 43 agency or political subdivision of this state, or 15 44 approve such procurement in the same manner by a 15 45 participating agency. 15 46 d. Reverse auction. 15 47 (1) The department may enter into an agreement for 15 48 the purchase of information technology utilizing a 15 49 reverse auction process. Such process shall result in 15 50 the purchase of information technology from the vendor 16 1 submitting the lowest responsible bid amount for the 16 2 information technology to be acquired. The 16 3 department, in establishing a reverse auction process 16 4 shall do all of the following: 16 5 (a) Determine the specifications and requirements 16 6 of the information technology to be acquired. 16 7 (b) Identify and provide notice to potential 16 8 vendors concerning the proposed acquisition. 16 9 (c) Establish prequalification requirements to be 16 10 met by a vendor to be eligible to participate in the 16 11 reverse auction. 16 12 (d) Conduct the reverse auction in a manner as 16 13 deemed appropriate by the department, and consistent 16 14 with rules adopted by the department. 16 15 (2) Prior to conducting a reverse auction, the 16 16 department shall establish a threshold amount which 16 17 shall be the maximum amount which the department is 16 18 willing to pay for the information technology to be 16 19 acquired. 16 20 (3) The department shall enter into an agreement 16 21 with a vendor who is the lowest responsible bidder 16 22 which meets the specifications or description of the 16 23 information technology to be procured, or the 16 24 department may reject all bids and begin the process 16 25 again. In determining the lowest responsible bidder, 16 26 the department may consider various factors, 16 27 including, but not limited to, the past performance of 16 28 the vendor relative to quality of product or service, 16 29 the past experience of the department in relation to 16 30 the product or service, the relative quality of 16 31 products or services, the proposed terms of delivery, 16 32 and the best interest of the state. 16 33 e. Competitive bidding. The department may enter 16 34 into an agreement for the purchase of information 16 35 technology in the same manner as provided under 16 36 section 18.6, with respect to the department of 16 37 general services. 16 38 f. In addition to the competitive bidding 16 39 procedure provided for under paragraph "e", the 16 40 information technology department may enter into an 16 41 agreement for the purchase, disposal, or other 16 42 disposition of information technology in any other 16 43 manner provided under chapter 18, in the same manner 16 44 and subject to the same limitations as the department 16 45 of general services. The information technology 16 46 department, by rule, shall provide for such 16 47 procedures. 16 48 5. The department shall adopt rules pursuant to 16 49 chapter 17A to implement the procurement methods 16 50 provided for in subsections 2 through 4. 17 1 Sec. 13. NEW SECTION. 14B.111 IOWA INFORMATION 17 2 TECHNOLOGY REVOLVING FUND – APPROPRIATION. 17 3 An Iowa information technology revolving fund is 17 4 created in the state treasury under the control of the 17 5 department. The revolving fund shall consist of 17 6 moneys appropriated by the general assembly and any 17 7 other moneys obtained or accepted by the department 17 8 for deposit in the revolving fund. Moneys in the 17 9 revolving fund are appropriated to the department for 17 10 purposes as may be necessary to provide for 17 11 appropriate information technology as provided in this 17 12 chapter. The department shall submit an annual report 17 13 not later than January 31, to the members of the 17 14 general assembly and the legislative fiscal bureau, of 17 15 the activities funded and expenditures made from the 17 16 revolving fund during the preceding fiscal year. 17 17 Section 8.33 does not apply to any moneys in the 17 18 revolving fund and, notwithstanding section 12C.7, 17 19 subsection 2, earnings or interest on moneys deposited 17 20 in the revolving fund shall be credited to the 17 21 revolving fund. 17 22 Sec. 14. NEW SECTION. 14B.112 INFORMATION 17 23 TECHNOLOGY PURCHASES BY GOVERNMENTAL ENTITIES HAVING 17 24 INDEPENDENT PURCHASING AUTHORITY. 17 25 1. The state department of transportation, the 17 26 department for the blind, or the lottery division of 17 27 the department of revenue and finance may utilize 17 28 contracts established by the information technology 17 29 department for the acquisition of information 17 30 technology, request the assistance of the information 17 31 technology department, or acquire information 17 32 technology for and on its own behalf in accordance 17 33 with the authority granted to such agency. However, 17 34 the proposed acquisition of the information technology 17 35 must comply with the standards established by the 17 36 information technology department, unless waived 17 37 pursuant to section 14B.103 or 14B.104. 17 38 2. A governmental entity other than a 17 39 participating agency or an agency subject to 17 40 subsection 1 may utilize contracts established by the 17 41 information technology department for the acquisition 17 42 of information technology or request the assistance of 17 43 the information technology department in making such 17 44 acquisition. A proposed acquisition of information 17 45 technology under this subsection is not subject to the 17 46 standards established by the information technology 17 47 council. Such acquisition or assistance is subject to 17 48 the fee schedule of the department with respect to 17 49 such services in the same manner as a participating 17 50 agency. 18 1 Sec. 15. NEW SECTION. 14B.201 IOWACCESS BOARD 18 2 ESTABLISHED – DUTIES – MEMBERSHIP. 18 3 1. BOARD ESTABLISHED. An IowAccess board is 18 4 established for the purpose of creating and providing 18 5 a service to the citizens of this state that is the 18 6 gateway for one-stop electronic access to government 18 7 information and transactions, whether federal, state, 18 8 or local. 18 9 2. DUTIES. 18 10 a. The board shall do all of the following: 18 11 (1) Recommend to the information technology 18 12 council citizen subcommittee rates to be charged for 18 13 access to and for value-added services performed 18 14 through IowAccess. 18 15 (2) Recommend to the director and the information 18 16 technology council the priority of projects associated 18 17 with IowAccess. 18 18 (3) Recommend to the director and the information 18 19 technology council expected outcomes and effects of 18 20 the use of IowAccess and determine the manner in which 18 21 such outcomes are to be measured and evaluated. 18 22 (4) Review and recommend to the director and the 18 23 information technology council the IowAccess total 18 24 budget request and ensure that such request reflects 18 25 the priorities and goals of IowAccess as established 18 26 by the board. 18 27 (5) Review and recommend to the director and the 18 28 information technology council all rules to be adopted 18 29 by the information technology council that are related 18 30 to IowAccess. 18 31 (6) Advocate for access to government information 18 32 and services through IowAccess and for data privacy 18 33 protection, information ethics, accuracy, and security 18 34 in IowAccess programs and services. 18 35 (7) Receive status and operations reports 18 36 associated with IowAccess. 18 37 (8) Other duties as assigned by the director or 18 38 the information technology council. 18 39 b. The board shall also advise the governor and 18 40 the director with respect to the operation of 18 41 IowAccess and encourage and implementing access to 18 42 government and its public records by the citizens of 18 43 this state. 18 44 c. The board shall serve as a link between the 18 45 users of public records, the lawful custodians of such 18 46 public records, and the citizens of this state who are 18 47 the owners of such public records. 18 48 d. The board shall ensure that IowAccess gives 18 49 priority to serving the needs of the citizens of this 18 50 state. 19 1 3. MEMBERSHIP. 19 2 a. The board shall be composed of nineteen members 19 3 including the following: 19 4 (1) Five persons appointed by the governor 19 5 representing the primary customers of IowAccess. 19 6 (2) Six persons representing lawful custodians as 19 7 follows: 19 8 (a) One person representing the legislative 19 9 branch, who shall not be a legislator, to be appointed 19 10 jointly by the president of the senate, after 19 11 consultation with the majority and minority leaders of 19 12 the senate, and the speaker of the house of 19 13 representatives, after consultation with the majority 19 14 and minority leaders of the house of representatives. 19 15 (b) One person representing the judicial branch as 19 16 designated by the chief justice of the supreme court. 19 17 (c) One person representing the executive branch 19 18 as designated by the governor. 19 19 (d) One person to be appointed by the governor 19 20 representing cities who shall be actively engaged in 19 21 the administration of a city. 19 22 (e) One person to be appointed by the governor 19 23 representing counties who shall be actively engaged in 19 24 the administration of a county. 19 25 (f) One person to be appointed by the governor 19 26 representing the federal government. 19 27 (3) Four members to be appointed by the governor 19 28 representing a cross section of the citizens of the 19 29 state. 19 30 (4) Four members of the general assembly, two from 19 31 the senate and two from the house of representatives, 19 32 with not more than one member from each chamber being 19 33 from the same political party. The two senators shall 19 34 be designated by the president of the senate after 19 35 consultation with the majority and minority leaders of 19 36 the senate, and with the approval of the majority 19 37 party appointee by the majority leader and the 19 38 approval of the minority party appointee by the 19 39 minority leader. The two representatives shall be 19 40 designated by the speaker of the house of 19 41 representatives after consultation with the majority 19 42 and minority leaders of the house of representatives, 19 43 and with the approval of the majority party appointee 19 44 by the majority leader and the approval of the 19 45 minority party appointee by the minority leader. 19 46 Legislative members shall serve in an ex officio, 19 47 nonvoting capacity. A legislative member is eligible 19 48 for per diem and expenses as provided in section 2.10. 19 49 b. Members appointed by the governor are subject 19 50 to confirmation by the senate and shall serve three- 20 1 year staggered terms as designated by the governor. 20 2 The governor shall appoint a member as the chairperson 20 3 of the board from the voting members of the board, 20 4 subject to confirmation by the senate. Members 20 5 appointed by the governor are subject to the 20 6 requirements of sections 69.16, 69.16A, and 69.19. 20 7 Members appointed by the governor shall be reimbursed 20 8 for actual and necessary expenses incurred in 20 9 performance of their duties. Such members may also be 20 10 eligible to receive compensation as provided in 20 11 section 7E.6. 20 12 Sec. 16. NEW SECTION. 14B.301 INFORMATION 20 13 TECHNOLOGY COUNCIL CITIZEN SUBCOMMITTEE – DUTIES. 20 14 1. An information technology council citizen 20 15 subcommittee is established comprised of the five 20 16 members of the information technology council 20 17 appointed pursuant to section 14B.104, subsection 1, 20 18 paragraph "a", subparagraph (8). 20 19 Members of the citizen subcommittee shall not serve 20 20 in any manner or be employed by an authorized user of 20 21 the network or by an entity seeking to do or doing 20 22 business with the network. The governor shall appoint 20 23 a member as the chairperson of the citizen 20 24 subcommittee from the five members appointed by the 20 25 governor, subject to confirmation by the senate. 20 26 Members of the citizen subcommittee shall be 20 27 reimbursed for all actual and necessary expenses 20 28 incurred in the performance of duties as members. 20 29 Meetings of the citizen subcommittee shall be held at 20 30 the call of the chairperson of the citizen 20 31 subcommittee or by a majority of the members of the 20 32 citizen subcommittee. In addition to the members 20 33 appointed by the governor, the auditor of state or the 20 34 auditor's designee shall serve as a nonvoting, ex 20 35 officio member of the citizen subcommittee. 20 36 Beginning July 1, 2002, members of the citizen 20 37 subcommittee shall be paid a salary as determined by 20 38 the general assembly. It is the intent of the general 20 39 assembly that the salary paid to the members of the 20 40 citizen subcommittee, beginning July 1, 2002, be 20 41 commensurate with the salary which would have been 20 42 paid at that time to members of the Iowa 20 43 telecommunications and technology commission if such 20 44 commission were to continue to exist on and after July 20 45 1, 2002. 20 46 2. Beginning July 1, 2000, the citizen 20 47 subcommittee shall establish all rates to be charged 20 48 for access to and for value-added services performed 20 49 through IowAccess. 20 50 3. On July 1, 2002, the citizen subcommittee shall 21 1 do all of the following: 21 2 a. Adopt rules pursuant to chapter 17A as deemed 21 3 appropriate and necessary, and directly related to the 21 4 implementation and administration of the duties of the 21 5 citizen subcommittee under this subchapter. 21 6 b. Establish an appeal process for review by the 21 7 citizen subcommittee of a scheduling conflict 21 8 decision, including a scheduling conflict involving an 21 9 educational user, or the establishment of a fee 21 10 associated with the network upon the request of a 21 11 person affected by such decision or fee. An appeal of 21 12 a fee associated with the network shall be pursuant to 21 13 a contested case proceeding pursuant to chapter 17A. 21 14 The citizen subcommittee shall issue a written 21 15 decision including findings of fact and conclusions of 21 16 law. A determination made by the citizen subcommittee 21 17 pursuant to this paragraph shall be final. 21 18 c. Review and approve for adoption, rules as 21 19 proposed and submitted by an authorized user group 21 20 necessary for the authorized user group's access and 21 21 use of the network. The citizen subcommittee may 21 22 refuse to approve and adopt a proposed rule, and upon 21 23 such refusal, shall return the proposed rule to the 21 24 respective authorized user group proposing the rule 21 25 with a statement indicating the citizen subcommittee's 21 26 reason for refusing to approve and adopt the rule. 21 27 d. Establish mechanisms to encourage and receive 21 28 citizen input regarding the operation of the network 21 29 and other issues associated with the duties of the 21 30 citizen subcommittee. 21 31 e. Make recommendations to the department to 21 32 ensure that rural communities have access to 21 33 comparable services to the services provided in urban 21 34 areas resulting from any plans to construct, install, 21 35 repair, or maintain any part of the network. 21 36 f. Annually prepare a written five-year financial 21 37 plan for the network which shall be provided to the 21 38 information technology council who shall deliver the 21 39 plan to the general assembly and the governor no later 21 40 than January 15 of each year. The plan shall include 21 41 estimates for income and expenses for the network for 21 42 the five-year period and the actual income and 21 43 expenses for the preceding fiscal year. 21 44 g. (1) Evaluate existing and projected rates for 21 45 use of the system and ensure that rates are sufficient 21 46 to pay for the operation of the system, excluding the 21 47 cost of construction and lease costs for Parts I, II, 21 48 and III. The citizen subcommittee shall establish all 21 49 hourly rates to be charged to all authorized users for 21 50 the use of the network. A fee established by the 22 1 citizen subcommittee to be charged to a hospital 22 2 licensed pursuant to chapter 135B, a physician clinic, 22 3 or the federal government shall be at an appropriate 22 4 rate so that, at a minimum, there is no state subsidy 22 5 related to the costs of the connection or use of the 22 6 network related to such user. 22 7 (2) It is the intent of the general assembly that 22 8 the guidelines and policies to be used by the citizen 22 9 subcommittee in establishing a rate-setting 22 10 methodology for the network be established by law by 22 11 no later than July 1, 2002. 22 12 h. Make recommendations to the information 22 13 technology council and the department, as deemed 22 14 appropriate by the citizen subcommittee, concerning 22 15 the operation of the network and other issues as 22 16 deemed appropriate by the citizen subcommittee, or as 22 17 requested by the information technology council or the 22 18 department. 22 19 Sec. 17. NEW SECTION. 14B.302 NETWORK RATES – 22 20 APPEAL PROCESS. 22 21 1. A rate or fee established by the citizen 22 22 subcommittee pursuant to section 14B.301, subsection 22 23 3, paragraph "g", shall be subject to appeal by any 22 24 person adversely affected with respect to such rate or 22 25 fee. 22 26 2. A person who intends to appeal a rate or fee 22 27 pursuant to this section shall file a written notice 22 28 of appeal with the utilities board, with the written 22 29 decision of the citizen subcommittee attached, within 22 30 thirty days of the final action of the citizen 22 31 subcommittee establishing the rate or fee which is the 22 32 subject of the appeal. The utilities board, upon 22 33 receipt of the notice of appeal, shall forward a copy 22 34 of such notice to the citizen subcommittee. The 22 35 utilities board shall set times for transmittal of the 22 36 record, filing of exceptions and briefs, and, with the 22 37 consent of the utilities board, oral arguments. The 22 38 utilities board shall notify the parties of such 22 39 deadlines. The utilities board shall issue a final 22 40 ruling on the appeal within ninety days of receipt of 22 41 the notice of appeal. The utilities board, in 22 42 conducting such appeal, shall hear the case on the 22 43 evidentiary record made in a contested case 22 44 proceeding, and not de novo. The utilities board 22 45 shall review only the cost analysis and justifications 22 46 for the rates or fees appealed, and make its ruling 22 47 solely on whether the rates or fees have been 22 48 established consistent with applicable law and the 22 49 rules adopted for establishing such rates or fees. 22 50 The utilities board shall either uphold the action of 23 1 the citizen subcommittee with respect to such rate or 23 2 fee, or direct the rate or fee back to the citizen 23 3 subcommittee for further consideration. 23 4 3. The utilities board, by rule, shall establish a 23 5 review procedure for the hearing of such appeals. 23 6 Sec. 18. Section 8D.2, Code 1999, is amended to 23 7 read as follows: 23 8 8D.2 DEFINITIONS. 23 9 When used in thischaptersubchapter, unless the 23 10 context otherwise requires: 23 11 1. "Citizen subcommittee" means the information 23 12 technology council citizen subcommittee appointed by 23 13 the governor pursuant to section 14B.104. 23 141.2. "Commission" means the Iowa 23 15 telecommunications and technology commission 23 16 established in section 8D.3. 23 172. "Director" means the executive director23 18appointed pursuant to section 8D.4.23 19 3. "Network" means the Iowa or state 23 20 communications network. 23 21 4. "Private agency" means an accredited nonpublic 23 22 school, a nonprofit institution of higher education 23 23 eligible for tuition grants, or a hospital licensed 23 24 pursuant to chapter 135B or a physician clinic to the 23 25 extent provided in section 8D.13, subsection 16. 23 26 5. "Public agency" means a state agency, an 23 27 institution under the control of the board of regents, 23 28 the judicial branch as provided in section 8D.13, 23 29 subsection 17, a school corporation, a city library, a 23 30 regional library as provided in chapter 256, a county 23 31 library as provided in chapter 336, or a judicial 23 32 district department of correctional services 23 33 established in section 905.2, to the extent provided 23 34 in section 8D.13, subsection 15, an agency of the 23 35 federal government, or a United States post office 23 36 which receives a federal grant for pilot and 23 37 demonstration projects. 23 38 6. "State communications" refers to the 23 39 transmission of voice, data, video, the written word 23 40 or other visual signals by electronic means but does 23 41 not include radio and television facilities and other 23 42 educational telecommunications systems and services 23 43 including narrowcast and broadcast systems under the 23 44 public broadcasting division of the department of 23 45 education, department of transportation distributed 23 46 data processing and mobile radio network, or law 23 47 enforcement communications systems. 23 48 Sec. 19. Section 8D.3, subsections 1 and 3, Code 23 49 Supplement 1999, are amended to read as follows: 23 50 1. COMMISSION ESTABLISHED. A telecommunications 24 1 and technology commission is establishedwith the sole24 2authority to supervise the management, development,24 3and operation of the network and ensure that all24 4components of the network are technically compatible24 5 to establish policies and rates and to resolve 24 6 disputes as provided in this subchapter.The24 7commission shall ensure that the network operates in24 8an efficient and responsible manner consistent with24 9the provisions of this chapter for the purpose of24 10providing the best economic service attainable to the24 11network users consistent with the state's financial24 12capacity.The commission and the director shall 24 13 ensure that educational users and the use, design, and 24 14 implementation for educational applications be given 24 15 the highest priority concerning use of the network. 24 16The commission shall provide for the centralized,24 17coordinated use and control of the network.Effective 24 18 July 1, 2002, the telecommunications and technology 24 19 commission established in this section shall be 24 20 disbanded and the powers and duties of the commission 24 21 under this section shall be transferred to the 24 22 information technology council citizen subcommittee 24 23 established under section 14B.301. 24 24 3. DUTIES. The commission shall do all of the 24 25 following: 24 26a. Enter into agreements pursuant to chapter 28E24 27as necessary and appropriate for the purposes of the24 28commission. However, the commission shall not enter24 29into an agreement with an unauthorized user or any24 30other person pursuant to chapter 28E for the purpose24 31of providing such user or person access to the24 32network.24 33b.a. Adopt rules pursuant to chapter 17A as 24 34 deemed appropriate and necessary, and directly related 24 35 to the implementation and administration of the duties 24 36 of the commission under this subchapter.The24 37commission, in consultation with the department of24 38general services, shall also adopt and provide for24 39standard communications procedures and policies24 40relating to the use of the network which recognize, at24 41a minimum, the need for reliable communications24 42services.24 43c.b. Establish an appeal process for review by 24 44 the commission of a scheduling conflict decision, 24 45 including a scheduling conflict involving an 24 46 educational user, or the establishment of a fee 24 47 associated with the network upon the request of a 24 48 person affected by such decision or fee. A 24 49 determination made by the commission pursuant to this 24 50 paragraph shall be final. 25 1d.c. Review and approve for adoption, rules as 25 2 proposed and submitted by an authorized user group 25 3 necessary for the authorized user group's access and 25 4 use of the network. The commission may refuse to 25 5 approve and adopt a proposed rule, and upon such 25 6 refusal, shall return the proposed rule to the 25 7 respective authorized user group proposing the rule 25 8 with a statement indicating the commission's reason 25 9 for refusing to approve and adopt the rule. 25 10e. (1) Develop and issue for response all25 11requests for proposals for any construction,25 12installation, repair, maintenance, or equipment and25 13parts necessary for the network. In preparing the25 14request for proposals, the commission shall do all of25 15the following:25 16(a) Review existing requests for proposals related25 17to the network.25 18(b) Consider and evaluate all competing25 19technologies which could be used in any construction,25 20installation, repair, or maintenance project.25 21(c) Allow flexibility for proposals to be25 22submitted in response to a request for proposals25 23issued by the commission such that any qualified25 24provider may submit a bid on a site-by-site basis, or25 25on a merged area or defined geographic area basis, or25 26both, and by permitting proposals to be submitted for25 27use of competing or alternative technologies in each25 28defined area.25 29(d) Ensure that rural communities have access to25 30comparable services to the services provided in urban25 31areas resulting from any plans to construct, install,25 32repair, or maintain any part of the network.25 33(2) In determining which proposal to recommend to25 34the general assembly to accept, consider what is in25 35the long-term best interests of the citizens of the25 36state and the network, and utilize, if possible, the25 37provision of services with existing service providers25 38consistent with those best interests. In determining25 39what is in the long-term best interests of the25 40citizens of the state and the network, the commission,25 41at a minimum, shall consider the cost to taxpayers of25 42the state.25 43(3) Deliver a written report and all proposals25 44submitted in response to the request for proposals for25 45Part III to the general assembly no later than January25 461, 1995. The commission shall not enter into any25 47agreement related to such proposals without prior25 48authorization by a constitutional majority of each25 49house of the general assembly and approval by the25 50governor.26 1f.d. Annually prepare a written five-year 26 2 financial plan for the network which shall be provided 26 3 to the information technology council which shall 26 4 deliver the plan to the general assembly and the 26 5 governor no later than January 15 of each year. The 26 6 plan shall include estimates for income and expenses 26 7 for the network for the five-year period and the 26 8 actual income and expenses for the preceding fiscal 26 9 year.The plan shall include the amount of general26 10fund appropriations to be requested for the payment of26 11operating expenses and debt service. The plan shall26 12also include any recommendations of the commission26 13related to changes in the system and other items as26 14deemed appropriate by the commission. The26 15recommendations of the commission contained in the26 16plan shall include a detailed plan for the connection26 17of all public schools to the network, including a26 18discussion and evaluation of all potential financing26 19options, an estimate of all costs incurred in26 20providing such connections, and a schedule for26 21completing such connections, including the anticipated26 22final completion date for such connections.26 23g. Review existing maintenance contracts and past26 24contracts to determine vendor capability to perform26 25the obligations under such contracts. The commission26 26shall report to the general assembly prior to January26 271 of each year as to the performance of all vendors26 28under each contract and shall make recommendations26 29concerning continued funding for the contracts.26 30h. Pursue available opportunities to cooperate and26 31coordinate with the federal government for the use and26 32potential expansion of the network and for the26 33financing of any such expansion.26 34i.e. Evaluate existing and projected rates for 26 35 use of the system and ensure that rates are sufficient 26 36 to pay for the operation of the system excluding the 26 37 cost of construction and lease costs for Parts I, II, 26 38 and III. The commission shall establish all hourly 26 39 rates to be charged to all authorized users for the 26 40 use of the network. A fee established by the 26 41 commission to be charged to a hospital licensed 26 42 pursuant to chapter 135B, a physician clinic, or the 26 43 federal government shall be at an appropriate rate so 26 44 that, at a minimum, there is no state subsidy related 26 45 to the costs of the connection or use of the network 26 46 related to such user. 26 47j.f. Make recommendations to thegeneral assembly26 48 director and the information technology council, as 26 49 deemed appropriate by the commission, concerning the 26 50 operation of the network. 27 1k. Provide necessary telecommunications cabling to27 2provide state communications.27 3 Sec. 20. NEW SECTION. 8D.3A DEPARTMENT DUTIES. 27 4 For the purposes of this subchapter, the department 27 5 shall do all of the following: 27 6 1. Supervise the management, development, and 27 7 operation of the network and ensure that all 27 8 components of the network are technically compatible 27 9 consistent with the standards established by the 27 10 information technology council pursuant to section 27 11 14B.104. 27 12 2. Provide for the centralized, coordinated use 27 13 and control of the network. 27 14 3. Enter into agreements pursuant to chapter 28E 27 15 as necessary and appropriate for the purposes of the 27 16 department. However, the department shall not enter 27 17 into an agreement with an unauthorized user or any 27 18 other person pursuant to chapter 28E for the purpose 27 19 of providing such user or person access to the 27 20 network. 27 21 4. a. Develop and issue for response all requests 27 22 for proposals for any construction, installation, 27 23 repair, maintenance, or equipment and parts necessary 27 24 for the network. In preparing the request for 27 25 proposals, the department shall do all of the 27 26 following: 27 27 (1) Review existing requests for proposals related 27 28 to the network. 27 29 (2) Consider and evaluate all competing 27 30 technologies which could be used in any construction, 27 31 installation, repair, or maintenance project. 27 32 (3) Allow flexibility for proposals to be 27 33 submitted in response to a request for proposals 27 34 issued by the department such that any qualified 27 35 provider may submit a bid on a site-by-site basis, or 27 36 on a merged area or defined geographic area basis, or 27 37 both, and by permitting proposals to be submitted for 27 38 use of competing or alternative technologies in each 27 39 defined area. 27 40 (4) Ensure that rural communities have access to 27 41 comparable services to the services provided in urban 27 42 areas resulting from any plans to construct, install, 27 43 repair, or maintain any part of the network. 27 44 b. In determining which proposal to recommend to 27 45 the general assembly to accept, consider what is in 27 46 the long-term best interests of the citizens of the 27 47 state and the network, and utilize, if possible, the 27 48 provision of services with existing service providers 27 49 consistent with those best interests. In determining 27 50 what is in the long-term best interests of the 28 1 citizens of the state and the network, the department, 28 2 at a minimum, shall consider the cost to taxpayers of 28 3 the state. 28 4 c. Deliver a written report and all proposals 28 5 submitted in response to the request for proposals for 28 6 Part III to the general assembly no later than January 28 7 1, 1995. The department shall not enter into any 28 8 agreement related to such proposals without prior 28 9 authorization by a constitutional majority of each 28 10 house of the general assembly and approval by the 28 11 governor. 28 12 5. Annually provide to the general assembly the 28 13 amount of general fund appropriations to be requested 28 14 for the payment of operating expenses and debt 28 15 service. The department shall also provide to the 28 16 general assembly any recommendations related to 28 17 changes in the system and other items as deemed 28 18 appropriate by the department. The recommendations of 28 19 the department shall include a detailed plan for the 28 20 connection of all public schools to the network, 28 21 including a discussion and evaluation of all potential 28 22 financing options, an estimate of all costs incurred 28 23 in providing such connections, and a schedule for 28 24 completing such connections, including the anticipated 28 25 final completion date for such connections. 28 26 6. Review existing maintenance contracts and past 28 27 contracts to determine vendor capability to perform 28 28 the obligations under such contracts. The department 28 29 shall report to the general assembly prior to January 28 30 1 of each year as to the performance of all vendors 28 31 under each contract and shall make recommendations 28 32 concerning continued funding for the contracts. 28 33 7. Pursue available opportunities to cooperate and 28 34 coordinate with the federal government for the use and 28 35 potential expansion of the network and for the 28 36 financing of any such expansion. 28 37 8. Provide necessary telecommunications cabling to 28 38 provide state communications. 28 39 Sec. 21. NEW SECTION. 8D.3B INFORMATION 28 40 TECHNOLOGY COUNCIL DUTIES. 28 41 For purposes of this subchapter, the information 28 42 technology council shall do all of the following: 28 43 1. Ensure that the network operates in an 28 44 efficient and responsible manner consistent with the 28 45 provisions of this division for the purpose of 28 46 providing the best economic service attainable to the 28 47 network users consistent with the state's financial 28 48 capacity. 28 49 2. In consultation with the department of general 28 50 services, adopt and provide for standard 29 1 communications procedures and policies relating to the 29 2 use of the network which recognize, at a minimum, the 29 3 need for reliable communications services. 29 4 Sec. 22. Section 8D.5, subsection 1, Code 1999, is 29 5 amended to read as follows: 29 6 1. An education telecommunications council is 29 7 established. The council consists of eighteen members 29 8 and shall include the following: two persons 29 9 appointed by the state board of regents; two persons 29 10 appointed by the Iowa association of community college 29 11 trustees; two persons appointed by the area education 29 12 agency boards; two persons appointed by the Iowa 29 13 association of school boards; two persons appointed by 29 14 the school administrators of Iowa; two persons 29 15 appointed by the Iowa association of independent 29 16 colleges and universities; two persons appointed by 29 17 the Iowa state education association; three persons 29 18 appointed by the director of the department of 29 19 education including one person representing libraries 29 20 and one person representing the Iowa association of 29 21 nonpublic school administrators; and one person 29 22 appointed by the administrator of the public 29 23 broadcasting division of the department of education. 29 24 The council shall establish scheduling and site usage 29 25 policies for educational users of the network, 29 26 coordinate the activities of the regional 29 27 telecommunications councils, and develop proposed 29 28 rules and changes to rules for recommendation to the 29 29 commission, the department, and the information 29 30 technology council, as appropriate. The council shall 29 31 also recommend long-range plans for enhancements 29 32 needed for educational applications. Administrative 29 33 support and staffing for the council shall be provided 29 34 by the department of education. 29 35 Sec. 23. Section 8D.6, Code 1999, is amended to 29 36 read as follows: 29 37 8D.6 ADVISORY GROUPS ESTABLISHED. 29 38 1. The commission shall establish an advisory 29 39 group to examine the use of the network for 29 40 telemedicine applications. The advisory group shall 29 41 consist of representatives of hospitals and other 29 42 health care facilities as determined by the 29 43 commission. The advisory group shall provide advice 29 44 to the commission, the department, and the information 29 45 technology council. 29 46 2. The commission may establish other advisory 29 47 committees as necessary representing authorized users 29 48 of the network. An advisory committee established by 29 49 the commission shall provide advice to the commission, 29 50 the department, and the information technology 30 1 council. 30 2 Sec. 24. Section 8D.7, Code 1999, is amended to 30 3 read as follows: 30 4 8D.7 TELECOMMUNICATIONS ADVISORY COMMITTEE. 30 5 A telecommunications advisory committee is 30 6 established to advise the commission, the department, 30 7 and the information technology council on 30 8 telecommunications matters. The commission shall 30 9 appoint five members to the advisory committee who 30 10 shall represent specific telecommunications industries 30 11 or persons with technical expertise related to the 30 12 network. 30 13 Sec. 25. Section 8D.10, Code 1999, is amended to 30 14 read as follows: 30 15 8D.10 REPORT OF SAVINGS BY STATE AGENCIES. 30 16 A state agency which is a part of the network shall 30 17 annually provide a written report to the general 30 18 assembly and the information technology council 30 19 certifying the identified savings associated with the 30 20 state agency's use of the network. The report shall 30 21 be delivered on or before January 15 for the previous 30 22 fiscal year of the state agency. 30 23 Sec. 26. Section 8D.11, Code 1999, is amended to 30 24 read as follows: 30 25 8D.11 POWERS – FACILITIES – LEASES. 30 26 1. Thecommissiondepartment may purchase, lease, 30 27 and improve property, equipment, and services for 30 28 telecommunications for public and private agencies and 30 29 may dispose of property and equipment when not 30 30 necessary for its purposes. However, for purposes of 30 31 this subchapter, thecommissiondepartment shall not 30 32 enter into a contract for the purchase, lease, or 30 33 improvement of property, equipment, or services for 30 34 telecommunications pursuant to this subsection in an 30 35 amount greater than one million dollars without prior 30 36 authorization by a constitutional majority of each 30 37 house of the general assembly, or approval by the 30 38 legislative council if the general assembly is not in 30 39 session. Thecommissiondepartment shall not issue 30 40 any bonding or other long-term financing arrangements 30 41 as defined in section 12.30, subsection 1, paragraph 30 42 "b". Real or personal property to be purchased by the 30 43commissiondepartment through the use of a financing 30 44 agreement shall be done in accordance with the 30 45 provisions of section 12.28, provided, however, that 30 46 thecommissiondepartment shall not purchase property, 30 47 equipment, or services for telecommunications pursuant 30 48 to this subsection in an amount greater than one 30 49 million dollars without prior authorization by a 30 50 constitutional majority of each house of the general 31 1 assembly, or approval by the legislative council if 31 2 the general assembly is not in session. 31 3 2. Thecommissiondepartment also shall not 31 4 provide or resell communications services to entities 31 5 other than public and private agencies. The public or 31 6 private agency shall not provide communication 31 7 services of the network to another entity unless 31 8 otherwise authorized pursuant to this chapter. The 31 9commissiondepartment may arrange for joint use of 31 10 available services and facilities, and may enter into 31 11 leases and agreements with private and public agencies 31 12 with respect to the Iowa communications network, and 31 13 public agencies are authorized to enter into leases 31 14 and agreements with respect to the network for their 31 15 use and operation. Rentals and other amounts due 31 16 under the agreements or leases entered into pursuant 31 17 to this section by a state agency are payable from 31 18 funds annually appropriated by the general assembly or 31 19 from other funds legally available. Other public 31 20 agencies may pay the rental costs and other amounts 31 21 due under an agreement or lease from their annual 31 22 budgeted funds or other funds legally available or to 31 23 become available. 31 24 3. This section comprises a complete and 31 25 independent authorization and procedure for a public 31 26 agency, with the approval of thecommission31 27 department, to enter into a lease or agreement and 31 28 this section is not a qualification of any other 31 29 powers which a public agency may possess and the 31 30 authorizations and powers granted under this section 31 31 are not subject to the terms, requirements, or 31 32 limitations of any other provisions of law, except 31 33 that thecommissiondepartment must comply with the 31 34 provisions of section 12.28 when entering into 31 35 financing agreements for the purchase of real or 31 36 personal property. All moneys received by the 31 37commissiondepartment from agreements and leases 31 38 entered into pursuant to this section with private and 31 39 public agencies shall be deposited in the Iowa 31 40 communications network fund. 31 41 4. A political subdivision receiving 31 42 communications services from the state as of April 1, 31 43 1986, may continue to do so but communications 31 44 services shall not be provided or resold to additional 31 45 political subdivisions other than a school 31 46 corporation, a city library, a regional library as 31 47 provided in chapter 256, and a county library as 31 48 provided in chapter 336. The rates charged to the 31 49 political subdivision shall be the same as the rates 31 50 charged to state agencies. 32 1 Sec. 27. Section 8D.12, Code 1999, is amended to 32 2 read as follows: 32 3 8D.12 DISPOSITION OF NETWORK – APPROVAL OF 32 4 GENERAL ASSEMBLY AND GOVERNOR. 32 5 Notwithstanding any provision to the contrary, the 32 6commissioninformation technology department or the 32 7 department of general services shall not sell, lease, 32 8 or otherwise dispose of the network without prior 32 9 authorization by a constitutional majority of each 32 10 house of the general assembly and approval by the 32 11 governor. 32 12 Sec. 28. Section 8D.13, subsections 1, 3, 4, 7, 8, 32 13 9, 10, 13, and 18, Code Supplement 1999, are amended 32 14 to read as follows: 32 15 1. Moneys in the Iowa communications network fund 32 16 are appropriated to theIowa telecommunications and32 17technology commissiondepartment for purposes of 32 18 providing financing for the procurement, operation, 32 19 and maintenance of the Iowa communications network 32 20 with sufficient capacity to serve the video, data, and 32 21 voice requirements of the educational 32 22 telecommunications system consisting of Part I, Part 32 23 II, and Part III, and other public and private 32 24 agencies. 32 25 3. The financing for the procurement costs for the 32 26 entirety of Part I except for the communications 32 27 connections between central switching and institutions 32 28 under the control of the board of regents, and 32 29 nonprofit institutions of higher education eligible 32 30 for tuition grants, and for the video, data, and voice 32 31 capacity for state agencies and for Part II and Part 32 32 III, shall be provided by the state. The financing 32 33 for the procurement and maintenance costs for Part III 32 34 shall be provided by the state. A local school board, 32 35 governing authority of a nonpublic school, or an area 32 36 education agency board may elect to provide one 32 37 hundred percent of the financing for the procurement 32 38 and maintenance costs for Part III to become part of 32 39 the network. The basis for the amount of state 32 40 financing is one hundred percent of a single 32 41 interactive audio and interactive video connection for 32 42 Part III, and such data and voice capacity as is 32 43 necessary. If a school board, governing authority of 32 44 a nonpublic school, or area education agency board 32 45 elects to provide one hundred percent of the financing 32 46 for the leasing costs for Part III, the school 32 47 district or area education agency may become part of 32 48 the network as soon as the network can reasonably 32 49 connect the district or agency. A local school board, 32 50 governing authority of a nonpublic school, or an area 33 1 education agency board may also elect not to become 33 2 part of the network. Construction of Part III, 33 3 related to a school board, governing authority of a 33 4 nonpublic school, or area education agency board which 33 5 provides one hundred percent of the financing for the 33 6 leasing costs for Part III, may proceed as determined 33 7 by thecommissioninformation technology council and 33 8 consistent with the purpose of this chapter. 33 9 4. Thecommissiondepartment shall develop the 33 10 requests for proposals that are needed for the Iowa 33 11 communications network with sufficient capacity to 33 12 serve the video, data, and voice requirements of state 33 13 agencies and for educational telecommunications 33 14 applications. Thecommissiondepartment shall develop 33 15 a request for proposals for each of the systems that 33 16 will make up the network. Thecommissiondepartment 33 17 may develop a request for proposals for each 33 18 definitive component of the network or thecommission33 19 department may provide in the request for proposals 33 20 for each such system that separate contracts may be 33 21 entered into for each definitive component covered by 33 22 the request for proposals. The requests for proposals 33 23 may be for the purchase, lease-purchase, or lease of 33 24 the component parts of the network consistent with the 33 25 provisions of thischaptersubchapter, may require 33 26 maintenance costs to be identified, and the resulting 33 27 contract may provide for maintenance for parts of the 33 28 network. The master contract may provide for 33 29 electronic classrooms, satellite equipment, receiving 33 30 equipment, studio and production equipment, and other 33 31 associated equipment as required. 33 32 7. Thecommission shall bedepartment is 33 33 responsible for the network design and shall be 33 34 responsible for the implementation of each component 33 35 of the network as it is incorporated into the network. 33 36 The final design selected shall optimize the routing 33 37 for all users in order to assure maximum utilization 33 38 by all agencies of the state. Efficiencies achieved 33 39 in the implementation of the network shall be used to 33 40 fund further implementation and enhancement of the 33 41 network, and shall be considered part of the 33 42 operational cost of the network. Thecommission shall33 43bedepartment is responsible for all management, 33 44 operations, control switching, diagnostics, and 33 45 maintenance functions of network operations as 33 46 provided in thischaptersubchapter. The performance 33 47 of these duties is intended to provide optimal 33 48 utilization of the facilities, and the assurance that 33 49 future growth requirements will be provided for, and 33 50 that sufficient network capacity will be available to 34 1 meet the needs of all users. 34 2 8. The education telecommunications council shall 34 3 review all requests for grants for educational 34 4 telecommunications applications, if they are a part of 34 5 the Iowa communications network, to ensure that the 34 6 educational telecommunications application is 34 7 consistent with the telecommunications plan. All 34 8 other grant requests shall be reviewed as determined 34 9 by thecommissioninformation technology council. If 34 10 the education telecommunications council finds that a 34 11 grant request is inconsistent with the 34 12 telecommunications plan, the grant request shall not 34 13 be allowed. 34 14 9. The procurement and maintenance of electronic 34 15 equipment including, but not limited to, master 34 16 receiver antenna systems, studio and production 34 17 equipment, and broadcast system components shall be 34 18 provided for under thecommission'sdepartment's 34 19 contracts. The Iowa public broadcasting board and 34 20 other educational entities within the state have the 34 21 option to use their existing or replacement resources 34 22 and agreements in the operation and maintenance of 34 23 these systems. 34 24 10. In addition to the other evaluation criteria 34 25 specified in the request for proposals issued pursuant 34 26 to this section, thecommissiondepartment, in 34 27 evaluating proposals, shall base up to two percent of 34 28 the total possible points on the public benefit that 34 29 can be derived from a given proposal due to the 34 30 increased private telecommunications capacity 34 31 available to Iowa citizens located in rural Iowa. For 34 32 purposes of this subsection, an area of the state is 34 33 considered rural if it is not part of a federally 34 34 designated standard metropolitan statistical area. 34 35 13. The auditor of state shall, no less than 34 36 annually, examine the financial condition and 34 37 transactions of thecommissionnetwork as provided in 34 38 chapter 11. A copy of the auditor's report concerning 34 39 such examination shall be provided to the general 34 40 assembly. 34 41 18. Notwithstanding chapter 476, the provisions of 34 42 chapter 476 shall not apply to a public utility in 34 43 furnishing a telecommunications service or facility to 34 44 thecommissiondepartment for the Iowa communications 34 45 network or to any authorized user of the Iowa 34 46 communications network for such authorized user's 34 47 connection to the network. 34 48 Sec. 29. Section 8D.14, Code 1999, is amended to 34 49 read as follows: 34 50 8D.14 IOWA COMMUNICATIONS NETWORK FUND. 35 1 There is created in the office of the treasurer of 35 2 state a fund to be known as the Iowa communications 35 3 network fund under the control of theIowa35 4telecommunications and technology commission35 5 department. There shall be deposited into the Iowa 35 6 communications network fund proceeds from bonds issued 35 7 for purposes of projects authorized pursuant to 35 8 section 8D.13, funds received from leases pursuant to 35 9 section 8D.11, and other moneys by law credited to or 35 10 designated by a person for deposit into the fund. 35 11 Sec. 30. Section 18.3, subsection 1, unnumbered 35 12 paragraph 1, Code 1999, is amended to read as follows: 35 13 Establishing and developing, in co-operation with 35 14 the various state agencies, a system of uniform 35 15 standards and specifications for purchasing. When the 35 16 system is developed, all items of general use shall be 35 17 purchased through the department, except information 35 18 technology, as defined in section 14B.101, and 35 19 procured by the information technology department, and 35 20 except items used by the state department of 35 21 transportation, institutions under the control of the 35 22 board of regents, the department for the blind, and 35 23 any other agencies exempted by law. 35 24 Sec. 31. Section 18.183, subsections 1 and 2, Code 35 25 Supplement 1999, are amended to read as follows: 35 26 1. The government agency that is the lawful 35 27 custodian of a public record shall be responsible for 35 28 determining whether a record is required by state 35 29 statute to be confidential. The transmission of a 35 30 record by a government agency by use of electronic 35 31 means established, maintained, or managed by the 35 32division of information technology servicesdepartment 35 33 shall not constitute a transfer of the legal custody 35 34 of the record from the individual government agency to 35 35 thedivision of information technology services35 36 department or to any other person or entity. 35 37 2. Thedivision of information technology services35 38 department shall not have authority to determine 35 39 whether an individual government agency should 35 40 automate records of which the individual government 35 41 agency is the lawful custodian. However, thedivision35 42 department may encourage governmental agencies to 35 43 implement electronic access to government records. 35 44 Sec. 32. Section 18.184, Code 1999, is amended to 35 45 read as follows: 35 46 18.184 FINANCIAL TRANSACTIONS. 35 47 1. Thedivision of information technology services35 48 department shall collect moneys paid to participating 35 49 governmental entities from persons who complete an 35 50 electronic financial transaction with the governmental 36 1 entity by accessingtheIowAccessnetwork. The moneys 36 2 may include all of the following: 36 3 a. Fees required to obtain an electronic public 36 4 record as provided in section 22.3A. 36 5 b. Fees required to process an application or file 36 6 a document, including but not limited to fees required 36 7 to obtain a license issued by a licensing authority. 36 8 c. Moneys owed to a governmental entity by a 36 9 person accessingtheIowAccessnetworkin order to 36 10 satisfy a liability arising from the operation of law, 36 11 including the payment of assessments, taxes, fines, 36 12 and civil penalties. 36 13 2. Moneys transferred usingtheIowAccessnetwork36 14 may include amounts owed by a governmental entity to a 36 15 person accessingtheIowAccessnetworkin order to 36 16 satisfy a liability of the governmental entity. The 36 17 moneys may include the payment of tax refunds, and the 36 18 disbursement of support payments as defined in section 36 19 252D.16 or 598.1 as required for orders issued 36 20 pursuant to section 252B.14. 36 21 3. Thedivision of information technology services36 22 department shall serve as the agent of the 36 23 governmental entity in collecting moneys for receipt 36 24 by governmental entities. The moneys shall be 36 25 transferred to governmental entities directly or to 36 26 the treasurer of state for disbursement to 36 27 governmental entities as required by the treasurer of 36 28 state in cooperation with the auditor of state. 36 29 4. In addition to other forms of payment, credit 36 30 cards shall be accepted in payment for moneys owed to 36 31 a governmental entity as provided in this section, 36 32 according to rules which shall be adopted by the 36 33 treasurer of state. The fees to be charged shall not 36 34 exceed those permitted by statute. A governmental 36 35 entity may adjust its fees to reflect the cost of 36 36 processing as determined by the treasurer of state. 36 37 The discount charged by the credit card issuer may be 36 38 included in determining the fees to be paid for 36 39 completing a financial transaction under this section 36 40 by using a credit card. 36 41 Sec. 33. Section 18.185, Code 1999, is amended to 36 42 read as follows: 36 43 18.185 AUDITS REQUIRED. 36 44 A technology audit of the electronic transmission 36 45 system by which government records are transmitted 36 46 electronically to the public shall be conducted not 36 47 less than once annually for the purpose of determining 36 48 that government records and other electronic data are 36 49 not misappropriated or misused by thedivision of36 50information technology servicesdepartment or a 37 1 contractor of thedivisiondepartment. A financial 37 2 audit shall be conducted not less than once annually 37 3 to determine the financial condition of thedivision37 4of information technology servicesdepartment and to 37 5 make other relevant inquiries. 37 6 Sec. 34. Section 18.187, Code Supplement 1999, is 37 7 amended to read as follows: 37 8 18.187 IOWACCESS REVOLVING FUND. 37 9 An IowAccess revolving fund is created in the state 37 10 treasury under the control of the department. The 37 11 revolving fundshall be administered by the division37 12andshall consist of moneys collected by thedivision37 13 department as fees, moneys appropriated by the general 37 14 assembly, and any other moneys obtained or accepted by 37 15 thedivisiondepartment for deposit in the revolving 37 16 fund. The proceeds of the revolving fund are 37 17 appropriated to and shall be used by thedivision37 18 department to maintain, develop, operate, and expand 37 19theIowAccessnetworkconsistent with thischapter37 20 subchapter. Thedivisiondepartment shall submit an 37 21 annual report not later than January 31, to the 37 22 members of the general assembly and the legislative 37 23 fiscal bureau, of the activities funded by and 37 24 expenditures made from the revolving fund during the 37 25 preceding fiscal year. Section 8.33 does not apply to 37 26 any moneys in the revolving fund and, notwithstanding 37 27 section 12C.7, subsection 2, earnings or interest on 37 28 moneys deposited in the revolving fund shall be 37 29 credited to the revolving fund. 37 30 Sec. 35. INFORMATION TECHNOLOGY COUNCIL TEMPORARY 37 31 EX OFFICIO MEMBER. Notwithstanding section 14B.104, 37 32 as enacted in this Act, one member of the Iowa 37 33 telecommunications and technology commission 37 34 established in section 8D.3 shall serve as the 37 35 twentieth member and as an ex officio, nonvoting 37 36 member of the information technology council 37 37 established in section 14B.104 through June 30, 2002. 37 38 Sec. 36. INITIAL APPOINTMENTS – IOWACCESS BOARD. 37 39 The initial appointments to the IowAccess board 37 40 pursuant to section 14B.201, subsection 3, paragraph 37 41 "a", subparagraph (1), as enacted in this Act, shall 37 42 be as follows: 37 43 1. One person to be appointed by the governor 37 44 representing financial institutions who shall be 37 45 actively engaged in finance and banking. 37 46 2. One person to be appointed by the governor 37 47 representing insurers who shall be actively engaged in 37 48 the insurance industry. 37 49 3. One person to be appointed by the governor 37 50 representing the legal profession who shall be 38 1 actively engaged in the profession of law. 38 2 4. One person to be appointed by the governor 38 3 representing media interests. 38 4 5. One person to be appointed by the governor 38 5 representing real estate brokers and salespersons who 38 6 shall be actively engaged in the real estate business. 38 7 Sec. 37. TRANSFER OF FUNCTIONS AND EMPLOYEES. The 38 8 director of the information technology department and 38 9 the administrator of the public broadcasting division 38 10 of the department of education, in consultation with 38 11 the director of the department of education, shall 38 12 make recommendations to the general assembly by no 38 13 later than January 12, 2001, concerning the functions 38 14 and full-time equivalent positions to be transferred 38 15 from the public broadcasting division to the 38 16 information technology department. 38 17 Sec. 38. RULES CONTINUED. Notwithstanding any 38 18 contrary provision, a rule adopted by the Iowa 38 19 telecommunications and technology commission pursuant 38 20 to chapter 8D and effective on July 1, 2000, with 38 21 respect to any duty or responsibility of the 38 22 commission which is transferred to the citizen 38 23 subcommittee established pursuant to section 14B.301, 38 24 shall be deemed to be a rule of the citizen 38 25 subcommittee and remain effective until such time as 38 26 the citizen subcommittee modifies or repeals such 38 27 rule, or until such time as the general assembly 38 28 nullifies such rule. 38 29 Sec. 39. RULES CONTINUED. Notwithstanding any 38 30 contrary provision, a rule adopted by the Iowa 38 31 telecommunications and technology commission pursuant 38 32 to chapter 8D and effective on July 1, 2002, shall be 38 33 deemed to be a rule of the citizen subcommittee 38 34 established pursuant to section 14B.301 and remain 38 35 effective until such time as the citizen subcommittee 38 36 modifies or repeals such rule, or until such time as 38 37 the general assembly nullifies such rule. 38 38 Sec. 40. CONTRACTS CONTINUED. Notwithstanding any 38 39 contrary provision, a contract or agreement entered 38 40 into by the Iowa telecommunications and technology 38 41 commission pursuant to its authority under chapter 8D 38 42 and in existence on July 1, 2002, shall remain 38 43 effective for the term of such contract or agreement. 38 44 The citizen subcommittee established pursuant to 38 45 section 14B.301, for purposes of such contract or 38 46 agreement, shall be considered the commission's 38 47 successor in interest and shall have all the rights 38 48 and responsibilities under such contract or agreement 38 49 as if the citizen subcommittee were the commission, 38 50 unless otherwise provided by law. 39 1 Sec. 41. DIRECTIONS TO CODE EDITOR. 39 2 1. The Code editor shall transfer the provisions 39 3 of chapter 8D to chapter 14B, as enacted in this Act, 39 4 and codify these sections as a separate subchapter in 39 5 chapter 14B. 39 6 2. The Code editor shall transfer sections 18.183 39 7 through 18.187 to chapter 14B, as enacted in this Act, 39 8 and codify those sections as a separate subchapter in 39 9 chapter 14B." 39 10 39 11 39 12 39 13 FALCK of Fayette 39 14 SF 2395.506 78 39 15 mj/as
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