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House File 762

Partial Bill History

Bill Text

PAG LIN
  1  1 
  1  2                                           HOUSE FILE 762
  1  3 
  1  4                             AN ACT
  1  5 RELATING TO STATE GOVERNMENT TECHNOLOGY AND OPERATIONS, BY
  1  6    MAKING AND RELATING TO APPROPRIATIONS TO THE IOWA
  1  7    COMMUNICATIONS NETWORK FOR THE SUPPORT OF CERTAIN PART III
  1  8    USERS, MAKING APPROPRIATIONS TO VARIOUS ENTITIES FOR OTHER
  1  9    TECHNOLOGY-RELATED PURPOSES, PROVIDING FOR THE PROCUREMENT 
  1 10    OF INFORMATION TECHNOLOGY, PROVIDING FOR THE USE OF THE 
  1 11    NETWORK, PROVIDING FOR ELECTRONIC ACCESS TO PUBLIC INFORMA-
  1 12    TION BY CREATING AN IOWACCESS NETWORK, AUTHORIZING FEES, 
  1 13    AND PROVIDING AN EFFECTIVE DATE.
  1 14 
  1 15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 16 
  1 17                           DIVISION I
  1 18    Section 1.  TREASURER OF STATE.  There is appropriated from
  1 19 the general fund of the state to the treasurer of state for
  1 20 the fiscal year beginning July 1, 1999, and ending June 30,
  1 21 2000, the following amount, or so much thereof as is
  1 22 necessary, to be used for the purpose designated:
  1 23    For debt service:  
  1 24 .................................................. $ 12,861,000
  1 25    Funds appropriated in this section shall be deposited in a
  1 26 separate fund established in the office of the treasurer of
  1 27 state, to be used solely for debt service for the Iowa
  1 28 communications network.  The Iowa telecommunications and
  1 29 technology commission shall certify to the treasurer of state
  1 30 when a debt service payment is due, and upon receipt of the
  1 31 certification the treasurer shall make the payment.  The
  1 32 commission shall pay any additional amount due from funds
  1 33 deposited in the Iowa communications network fund.
  1 34    Sec. 2.  IOWA COMMUNICATIONS NETWORK OPERATIONS.
  1 35    1.  There is appropriated from the general fund of the
  2  1 state to the Iowa telecommunications and technology commission
  2  2 for the fiscal year beginning July 1, 1999, and ending June
  2  3 30, 2000, the following amounts, or so much thereof as is
  2  4 necessary, to be used for the purposes designated in this
  2  5 subsection:
  2  6    For operations of the network consistent with chapter 8D
  2  7 and for the following full-time equivalent positions:  
  2  8 .................................................. $  3,435,000
  2  9 ............................................... FTEs     100.00
  2 10    2.  Notwithstanding section 8.57, subsection 5, paragraph
  2 11 "c", there is appropriated from the rebuild Iowa
  2 12 infrastructure fund to the Iowa telecommunications and
  2 13 technology commission for the fiscal year beginning July 1,
  2 14 1999, and ending June 30, 2000, the following amount, or so
  2 15 much thereof as is necessary, to be used for the purposes
  2 16 designated:
  2 17    To the Iowa telecommunications and technology commission to
  2 18 be used solely for maintenance and lease costs associated with
  2 19 Part III connections:  
  2 20 .................................................. $  2,681,685
  2 21    It is the intent of the general assembly that moneys
  2 22 appropriated in this section shall be used solely for the
  2 23 purpose indicated and that the moneys shall not be transferred
  2 24 for any other purpose.
  2 25    3.  Notwithstanding section 8.33 or 8.39, moneys
  2 26 appropriated in this section which remain unobligated or
  2 27 unexpended at the close of the fiscal year shall not revert to
  2 28 the general fund of the state but shall remain available for
  2 29 the purposes designated in the succeeding fiscal year, and
  2 30 shall not be transferred to any other program.
  2 31    4.  a.  It is the intent of the general assembly that the
  2 32 Iowa telecommunications and technology commission annually
  2 33 review the hourly rates established, as provided in section
  2 34 8D.3, subsection 3, paragraph "i", consistent with this
  2 35 paragraph.  Such rates shall be established in a manner to
  3  1 minimize any subsidy provided through state general fund
  3  2 appropriations.
  3  3    b.  Notwithstanding paragraph "a", the general assembly
  3  4 declares its support for, and that it is the intent of the
  3  5 general assembly to continue, subsidization of video rates
  3  6 charged to libraries, public or nonpublic schools for grades
  3  7 kindergarten through twelve, private universities and
  3  8 colleges, community colleges, and institutions under the
  3  9 control of the state board of regents.  Except for original
  3 10 debt service, the Iowa telecommunications and technology
  3 11 commission shall develop and implement a long-term plan for
  3 12 establishing rates that will eliminate, by June 30, 2007, the
  3 13 need for legislatively appropriated funds to be used for
  3 14 subsidization of network costs for authorized users other than
  3 15 the network costs associated with video rates charged to
  3 16 public or nonpublic schools for grades kindergarten through
  3 17 twelve, private universities and colleges, community colleges,
  3 18 and institutions under the control of the state board of
  3 19 regents.
  3 20    5.  By no later than July 1, 1999, the staff of the Iowa
  3 21 telecommunications and technology commission shall establish
  3 22 budget units and accounts using the state budget system and
  3 23 the Iowa finance and accounting system as determined jointly
  3 24 by the department of management and the legislative fiscal
  3 25 bureau.
  3 26    Sec. 3.  PUBLIC BROADCASTING.  There is appropriated from
  3 27 the general fund of the state to the public broadcasting
  3 28 division of the department of education for the fiscal year
  3 29 beginning July 1, 1999, and ending June 30, 2000, the
  3 30 following amount, or so much thereof as is necessary, to be
  3 31 used for the purposes designated in subsections 1 and 2 and
  3 32 for the following full-time equivalent positions:  
  3 33 .................................................. $  2,327,217
  3 34 ............................................... FTEs       9.00
  3 35    1.  Of the amount appropriated, $469,025 shall be expended
  4  1 by the public broadcasting division of the department of
  4  2 education to provide support for functions related to the
  4  3 network, including but not limited to the following functions:
  4  4 development of distance learning applications; development of
  4  5 a central information source on the Internet relating to
  4  6 educational uses of the network; second-line technical support
  4  7 for network sites; testing and initializing sites onto the
  4  8 network; and coordinating the work of the education
  4  9 telecommunications council.
  4 10    2.  Of the amount appropriated, $1,858,192 shall be
  4 11 allocated by the public broadcasting division of the
  4 12 department of education to the regional telecommunications
  4 13 councils established in section 8D.5.  The regional
  4 14 telecommunications councils shall use the funds to provide
  4 15 technical assistance for network classrooms, planning and
  4 16 troubleshooting for local area networks, scheduling of video
  4 17 sites, and other related support activities.
  4 18    Sec. 4.  DEPARTMENT OF GENERAL SERVICES.  There is
  4 19 appropriated from the general fund of the state to the
  4 20 division of information technology services of the department
  4 21 of general services for the fiscal year beginning July 1,
  4 22 1999, and ending June 30, 2000, the following amount, or so
  4 23 much thereof as is necessary, to be used for the purpose
  4 24 designated:
  4 25    For the purpose of providing information technology
  4 26 services to state agencies and for the following full-time
  4 27 equivalent positions:  
  4 28 .................................................. $  4,719,993
  4 29 ............................................... FTEs     155.61
  4 30    Sec. 5.  REVERSION TECHNOLOGY INITIATIVES ACCOUNT.
  4 31    1.  The reversion technology initiatives account
  4 32 established pursuant to 1998 Iowa Acts, chapter 1224, section
  4 33 7, subsection 1, shall continue to be maintained in the office
  4 34 of the treasurer of state under the control of the division of
  4 35 information technology services of the department of general
  5  1 services and shall be used for the purpose of supporting
  5  2 various technology programs as provided in this section.
  5  3    Notwithstanding the distribution formula contained in
  5  4 section 8.62 for an operational appropriation which remains
  5  5 unexpended or unencumbered for the fiscal year beginning July
  5  6 1, 1998, 75 percent of the unexpended or unencumbered moneys
  5  7 subject to section 8.62 are appropriated to the reversion
  5  8 technology initiatives account.  The remaining 25 percent of
  5  9 such moneys shall remain with the entity to which the
  5 10 operational appropriation was made.  Notwithstanding section
  5 11 8.33, for an appropriation other than an operational
  5 12 appropriation as provided in section 8.62 which remains
  5 13 unencumbered for the fiscal year beginning July 1, 1998, 100
  5 14 percent of the unexpended or unencumbered moneys are
  5 15 appropriated to the reversion technology initiatives account.
  5 16    2.  After the fiscal year beginning on July 1, 1999, and
  5 17 ending on June 30, 2000, moneys appropriated to the reversion
  5 18 technology initiatives account shall not be appropriated from
  5 19 amounts which are subject to reversion pursuant to section
  5 20 8.62.
  5 21    3.  Moneys in the reversion technology initiatives account
  5 22 are allocated, to the extent available, in the descending
  5 23 priority order for use during the fiscal year beginning July
  5 24 1, 1999, and ending June 30, 2000, as follows:
  5 25    a.  To the public broadcasting division of the department
  5 26 of education for the conversion to high definition television
  5 27 broadcasts:  
  5 28 .................................................. $  5,000,000
  5 29    Notwithstanding section 8.33, moneys allocated to the
  5 30 public broadcasting division of the department of education in
  5 31 this paragraph "a" that remain unencumbered or unobligated at
  5 32 the close of the fiscal year shall not revert to the general
  5 33 fund of the state but shall remain available for the purpose
  5 34 designated in this paragraph "a" until the close of the
  5 35 succeeding fiscal year.
  6  1    b.  To the department of agriculture and land stewardship
  6  2 for the purchase of cell phones for all field staff in the
  6  3 regulatory division, and for one-year service contracts
  6  4 associated with the phones:  
  6  5 .................................................. $     32,500
  6  6    c.  To the department of agriculture and land stewardship
  6  7 for the purchase of computer and printer replacements for
  6  8 field staff in the grain warehouse bureau:  
  6  9 .................................................. $     28,975
  6 10    d.  To the department of human services for a welfare
  6 11 reform system (TANF):  
  6 12 .................................................. $    742,555
  6 13    e.  To the department of human services for a child support
  6 14 recovery project:  
  6 15 .................................................. $  1,131,976
  6 16    f.  To the division of criminal and juvenile justice
  6 17 planning in the department of human rights for the creation of
  6 18 a justice data warehouse:  
  6 19 .................................................. $    500,000
  6 20    Moneys appropriated under this paragraph shall only be used
  6 21 for the lease of necessary computer equipment and related
  6 22 expenses for the justice data warehouse.  The division of
  6 23 criminal and juvenile justice planning, in consultation with
  6 24 the division of information technology services, shall include
  6 25 in the budget requests for the division of criminal and
  6 26 juvenile justice planning for the fiscal years beginning July
  6 27 1, 2000, and July 1, 2001, funds to continue equipment
  6 28 leasing, operations, and support for the justice data
  6 29 warehouse.
  6 30    g.  To the department of education for electronic data
  6 31 exchange (EASIER):  
  6 32 .................................................. $    500,000
  6 33    h.  To the department of inspections and appeals for a
  6 34 criminal history, single contact repository:  
  6 35 .................................................. $    152,000
  7  1    i.  To the division of information technology services in
  7  2 the department of general services for reengineering projects:  
  7  3 ................................................. $  1,750,000
  7  4    Of the amounts appropriated in this paragraph "i", $750,000
  7  5 shall be allocated as follows:
  7  6    (1)  One hundred thousand dollars for the development of a
  7  7 business licensure center for the department of economic
  7  8 development.
  7  9    (2)  Five hundred thousand dollars for a community
  7 10 resources directory for the department of Iowa workforce
  7 11 development.
  7 12    (3)  One hundred fifty thousand dollars for the
  7 13 implementation of an enterprise-wide information security
  7 14 system plan.
  7 15    j.  To the department of corrections for a department-wide
  7 16 information system (ICON):  
  7 17 .................................................. $    948,338
  7 18    k.  To the department of inspections and appeals for
  7 19 implementation of a report card for state-licensed health care
  7 20 facilities pursuant to section 135C.20A:  
  7 21 .................................................. $     50,000
  7 22    l.  To the office of the governor for technology upgrades:  
  7 23 .................................................. $     45,000
  7 24    m.  To the department of elder affairs for computer
  7 25 hardware and software:  
  7 26 .................................................. $     40,000
  7 27    n.  To the state board of regents for technology
  7 28 improvement:  
  7 29 .................................................. $    100,000
  7 30    4.  A department or agency receiving an appropriation under
  7 31 subsection 3 shall consult with the division of information
  7 32 technology services in the department of general services
  7 33 regarding any technology purchase, lease, or contract, prior
  7 34 to making a purchase or entering into a lease or contract.
  7 35    5.  Effective July 1, 2000, the division of information
  8  1 technology in the department of general services shall not
  8  2 deposit any additional moneys into the reversion technology
  8  3 initiatives account, unless reauthorized to do so by the
  8  4 general assembly during the 2000 regular session.  Funds
  8  5 allocated to a project pursuant to this section which are
  8  6 encumbered prior to July 1, 2000, may be spent for the
  8  7 specified purpose as provided in this Act.  Funds which are
  8  8 allocated but unencumbered as of July 1, 2000, shall revert to
  8  9 the general fund.
  8 10    6.  The department of management, in cooperation with the
  8 11 information technology services division of the department of
  8 12 general services, shall develop a standard budget request form
  8 13 for technology or business reengineering projects.  A
  8 14 department requesting funding for projects which will cost
  8 15 more than $100,000 shall use the request form.  The form shall
  8 16 require consistent reporting criteria including, but not
  8 17 limited to, project description, project goals, project
  8 18 performance measures, return on investment, cost, time frame,
  8 19 funding sources, and customer base.
  8 20    Sec. 6.  INFORMATION TECHNOLOGY DEPARTMENT.  It is the
  8 21 intent of the general assembly that an information technology
  8 22 department be created effective July 1, 2000.  The mission of
  8 23 this department is to foster the development and application
  8 24 of information technology to improve the lives of Iowans.
  8 25    The department shall consist of four divisions including
  8 26 all of the following:
  8 27    1.  Planning, security, and standards division.  This
  8 28 division shall initially include IowAccess.
  8 29    2.  Customer support and training division.
  8 30    3.  Finance and administration division.  In addition to
  8 31 other duties, this division shall be given responsibility for
  8 32 purchasing.
  8 33    4.  Information technology operations division.
  8 34    The information technology department shall have a formal
  8 35 noncontrolling link to the division of public broadcasting in
  9  1 the department of education and the Iowa telecommunications
  9  2 and technology commission, until such time as legislation is
  9  3 enacted creating the information technology department and
  9  4 otherwise setting forth the organizational relationship of the
  9  5 information technology department with the division of public
  9  6 broadcasting in the department of education and the Iowa
  9  7 telecommunications and technology commission.
  9  8    An information technology council shall be created to
  9  9 provide recommendations to the director of the department
  9 10 concerning departmental operations.  The council shall consist
  9 11 of no less than fifteen members and no more than twenty
  9 12 members.  Appointments to the council shall be made to provide
  9 13 a diversity of interest, educational background, and
  9 14 experience.  The council shall include, in addition to other
  9 15 appropriate individuals, a person representing the Iowa
  9 16 communications network, a person representing IowAccess, and a
  9 17 person representing the public broadcasting division in the
  9 18 department of education.
  9 19    The director of the information technology department shall
  9 20 be appointed by the governor to a four-year term and be
  9 21 subject to confirmation by the senate.  The division
  9 22 administrators of each of the five divisions in the
  9 23 information technology department shall also be appointed by
  9 24 the governor to three-year terms and be subject to
  9 25 confirmation by the senate.
  9 26    It is the intent of the general assembly that the structure
  9 27 and operation of the information technology department be
  9 28 reviewed by no later than during the 2001 regular session for
  9 29 the purpose of determining, among other issues, if the intent
  9 30 of the general assembly in creating the department has been
  9 31 satisfied.
  9 32    Sec. 7.  TRANSITION TEAM ESTABLISHED – APPROPRIATION.
  9 33    1.  a.  A transition team shall be established for purposes
  9 34 of developing a written proposal for submission to the general
  9 35 assembly concerning the creation of the information technology
 10  1 department.  The written proposal shall be developed
 10  2 consistent with section 6 of this Act.  The transition team
 10  3 shall be composed of the following members:
 10  4    (1)  The administrative head of the division of information
 10  5 technology services in the department of general services, who
 10  6 shall serve as chairperson of the transition team.
 10  7    (2)  Three designees of the governor.
 10  8    (3)  A person representing the Iowa communications network.
 10  9    (4)  A person representing the public broadcasting division
 10 10 of department of education.
 10 11    (5)  A person representing the information management and
 10 12 technology committee.
 10 13    (6)  Four members of the general assembly with not more
 10 14 than one member from each chamber being from the same
 10 15 political party.  The two senators shall be designated by the
 10 16 president of the senate after consultation with the majority
 10 17 and minority leaders of the senate.  The two representatives
 10 18 shall be designated by the speaker of the house of
 10 19 representatives after consultation with the majority and
 10 20 minority leaders of the house of representatives.  Legislative
 10 21 members shall serve in an ex officio, nonvoting capacity.  A
 10 22 legislative member is eligible for per diem and expenses as
 10 23 provided in section 2.10.
 10 24    b.  The department of management and the legislative fiscal
 10 25 bureau shall provide staffing services to the transition team
 10 26 at no cost to the transition team.
 10 27    c.  The transition team shall develop a request for
 10 28 proposal for the purpose of retaining a consultant to assist
 10 29 in developing and implementing the transition plan.  The
 10 30 transition plan shall include a proposed structure for the new
 10 31 department; a plan to provide for the transfer of existing
 10 32 public entities to the new department, including any interim
 10 33 transition provisions; identification of potential savings
 10 34 resulting from the consolidation of such public entities into
 10 35 the department; and other items deemed necessary by the
 11  1 transition team.  The transition team shall submit a final
 11  2 report in writing to the legislative oversight committee of
 11  3 the legislative council by October 15, 1999.
 11  4    2.  There is appropriated from the general fund of the
 11  5 state to the division of information technology services in
 11  6 the department of general services for the fiscal year
 11  7 beginning July 1, 1999, and ending June 30, 2000, the
 11  8 following amount, or so much thereof as is necessary, to be
 11  9 used for the purpose designated:
 11 10    For the activities of the transition team created in
 11 11 subsection 1, including the costs associated with any
 11 12 consultant retained by the transition team to assist in its
 11 13 duties:  
 11 14 .................................................. $    200,000
 11 15    Moneys appropriated pursuant to this subsection shall only
 11 16 be used for payment of costs associated with the activities of
 11 17 the transition team and shall not be transferred or used for
 11 18 any other purpose by the division.
 11 19    3.  The director of the division of information technology
 11 20 services shall develop a unified budget proposal for the
 11 21 proposed information technology department.  The initial
 11 22 budget proposal shall be for the fiscal year beginning July 1,
 11 23 2000, and ending June 30, 2001.
 11 24    Sec. 8.  Section 8D.3, subsection 3, Code 1999, is amended
 11 25 by adding the following new paragraph:
 11 26    NEW PARAGRAPH.  k.  Provide necessary telecommunications
 11 27 cabling to provide state communications.
 11 28    Sec. 9.  Section 18.8, unnumbered paragraph 1, Code 1999,
 11 29 is amended to read as follows:
 11 30    The director shall provide necessary telecommunications
 11 31 cabling, lighting, fuel, and water services for the state
 11 32 buildings and grounds located at the seat of government,
 11 33 except the buildings and grounds referred to in section
 11 34 216B.3, subsection 6.
 11 35    Sec. 10.  TRANSFER OF FULL-TIME EQUIVALENT POSITIONS AND
 12  1 RELATED FUNDING.
 12  2    1.  Consistent with sections 8 and 9 of this Act, full-time
 12  3 equivalent positions in the department of general services
 12  4 associated with the provision of telecommunications cabling
 12  5 and funding provided for such full-time equivalent positions
 12  6 shall be moved from the department to the Iowa
 12  7 telecommunications and technology commission.
 12  8    2.  Any funds in the telecommunications and electric
 12  9 cabling revolving fund in the department of general services
 12 10 shall be transferred to the commission to be used for the same
 12 11 purposes.  The commission shall eliminate the revolving fund
 12 12 account upon completion of the merger of existing funds.  
 12 13                           DIVISION II
 12 14    Sec. 11.  NEW SECTION.  18.187  IOWACCESS REVOLVING FUND.
 12 15    An IowAccess revolving fund is created in the state
 12 16 treasury.  The revolving fund shall be administered by the
 12 17 division and shall consist of moneys collected by the division
 12 18 as fees, moneys appropriated by the general assembly, and any
 12 19 other moneys obtained or accepted by the division for deposit
 12 20 in the revolving fund.  The proceeds of the revolving fund are
 12 21 appropriated to and shall be used by the division to maintain,
 12 22 develop, operate, and expand the IowAccess network consistent
 12 23 with this chapter.  The division shall submit an annual report
 12 24 not later than January 31, to the members of the general
 12 25 assembly and the legislative fiscal bureau, of the activities
 12 26 funded by and expenditures made from the revolving fund during
 12 27 the preceding fiscal year.  Section 8.33 does not apply to any
 12 28 moneys in the revolving fund and, notwithstanding section
 12 29 12C.7, subsection 2, earnings or interest on moneys deposited
 12 30 in the revolving fund shall be credited to the revolving fund.
 12 31    Sec. 12.  Section 22.3A, subsection 2, paragraph a, Code
 12 32 1999, is amended to read as follows:
 12 33    a.  If access to the data processing software is provided
 12 34 to a person solely for the purpose of accessing a public
 12 35 record, the The amount charged for access to a public record
 13  1 shall be not more than that required to recover direct
 13  2 publication costs, including but not limited to editing,
 13  3 compilation, and media production costs, incurred by the
 13  4 government body in developing the data processing software,
 13  5 and preparing the data processing software for transfer to the
 13  6 person.  The amount shall be in addition to any other fee
 13  7 required to be paid under this chapter for the examination and
 13  8 copying of a public record.  If a person requests the
 13  9 reproduction of accesses a public record stored in an
 13 10 electronic format that does not require formatting, editing,
 13 11 or compiling to reproduce access the public record, the charge
 13 12 for providing the reproduced accessed public record shall not
 13 13 exceed the reasonable cost of reproducing and transmitting
 13 14 accessing that public record.  The government body shall, if
 13 15 requested, provide documentation which explains and justifies
 13 16 the amount charged.  This paragraph shall not apply to any
 13 17 publication for which a price has been established pursuant to
 13 18 another section, including section 7A.22.
 13 19    Sec. 13.  Section 321.491, unnumbered paragraph 2, Code
 13 20 1999, is amended to read as follows:
 13 21    Within ten days after the conviction or forfeiture of bail
 13 22 of a person upon a charge of violating any provision of this
 13 23 chapter or other law regulating the operation of vehicles on
 13 24 highways every magistrate of the court or clerk of the
 13 25 district court of record in which the conviction occurred or
 13 26 bail was forfeited shall prepare and immediately forward to
 13 27 the department an abstract of the record of the case.  The
 13 28 abstract of the record of the case must be certified by the
 13 29 person preparing it to be true and correct.  A certified
 13 30 abstract of the record of the case prepared for the department
 13 31 shall only be available to the public from the department.  A
 13 32 noncertified record of conviction or forfeiture of bail shall
 13 33 be available to the public from the judicial branch.  The
 13 34 clerk of the district court shall collect a fee of fifty cents
 13 35 for each individual noncertified copy of any record of
 14  1 conviction or forfeiture of bail furnished to any requestor at
 14  2 the clerk's office except for the department or other local,
 14  3 state, or federal government entity.  Moneys collected under
 14  4 this section shall be transferred to the department as a
 14  5 repayment receipt, as defined in section 8.2, to enhance the
 14  6 efficiency of the department to process records and
 14  7 information between the department and the Iowa court
 14  8 information system.  Notwithstanding any other provision in
 14  9 this section or chapter 22, the judicial branch shall be the
 14 10 provider of public electronic access to the clerk's records of
 14 11 convictions and forfeitures of bail through the Iowa court
 14 12 information system and shall, if all such records are provided
 14 13 monthly to a vendor, the judicial branch shall collect a fee
 14 14 from such vendor for the period beginning on July 1, 1997, and
 14 15 ending on June 30, 1999, which is the greater of three
 14 16 thousand dollars per month or the actual direct cost of
 14 17 providing the records.  On and after July 1, 1999, if all such
 14 18 records are provided monthly to a vendor, the judicial branch
 14 19 shall collect a fee from such vendor which is the greater of
 14 20 ten thousand dollars per month or the actual direct cost of
 14 21 providing the records.
 14 22    Sec. 14.  Section 321A.3, subsections 1, 2, and 7, Code
 14 23 1999, are amended to read as follows:
 14 24    1.  The department shall upon request furnish any person a
 14 25 certified abstract of the operating record of a person subject
 14 26 to chapter 321, 321J, or this chapter.  The abstract shall
 14 27 also fully designate the motor vehicles, if any, registered in
 14 28 the name of the person.  If there is no record of a conviction
 14 29 of the person having violated any law relating to the
 14 30 operation of a motor vehicle or of any injury or damage caused
 14 31 by the person, the department shall so certify.  A fee of five
 14 32 dollars and fifty cents shall be paid for each abstract except
 14 33 for state, county, or city officials, court officials, public
 14 34 transit officials, or other officials of a political
 14 35 subdivision of the state.  The department shall transfer the
 15  1 moneys collected under this section to the treasurer of state
 15  2 who shall credit to the general fund all moneys collected.
 15  3    2.  A sheriff may provide an abstract of the operating
 15  4 record of a person to the person or an individual authorized
 15  5 by the person.  The sheriff shall charge a fee of five dollars
 15  6 and fifty cents for each abstract which the sheriff shall
 15  7 transfer to the department quarterly.  The sheriff may charge
 15  8 an additional fee sufficient to cover costs incurred by the
 15  9 sheriff in producing the abstract.
 15 10    7.  Notwithstanding chapter 22 or any other law of this
 15 11 state, except as provided in subsection 5, the department
 15 12 shall not make available an a certified operating record in a
 15 13 manner which would result in a fee of less than that provided
 15 14 under subsection 1.  Should the department make available
 15 15 certified copies of abstracts of operating records on magnetic
 15 16 tape or on disk or through electronic data transfer, the five
 15 17 dollar and fifty cent fee under subsection 1 applies to each
 15 18 abstract supplied, and an additional access fee may be charged
 15 19 for each abstract supplied through electronic data transfer.
 15 20    Sec. 15.  DIRECTIONS TO IOWACCESS ADVISORY COUNCIL.  The
 15 21 IowAccess advisory council established pursuant to executive
 15 22 order number 66 signed May 21, 1998, shall by no later than
 15 23 October 15, 1999, develop and make a written recommendation to
 15 24 the legislative oversight committee concerning the
 15 25 establishment of a permanent governing board for IowAccess and
 15 26 the implementation of a fee-for-service-based model of
 15 27 operation for the IowAccess network.  The advisory council, in
 15 28 developing the fee-for-service-based model of operation shall
 15 29 consult with the director of the division of information
 15 30 technology services in the department of general services.
 15 31    In developing the fee-for-service-based model of operation,
 15 32 the advisory council and the director of the division shall
 15 33 not make any recommendations which would result in the
 15 34 charging of a fee for information which can currently be
 15 35 accessed without charge in a manner other than through
 16  1 IowAccess.  This section does not prohibit the charging of a
 16  2 fee for accessing such free information through IowAccess.  
 16  3                          DIVISION III
 16  4    Sec. 16.  FUNDING FOR IOWACCESS.  Notwithstanding section
 16  5 321A.3, subsection 1, for the fiscal year beginning July 1,
 16  6 1999, and ending June 30, 2000, the first one million dollars
 16  7 collected and transferred by the department to the treasurer
 16  8 of state with respect to five dollar and fifty cent
 16  9 transactions involving the furnishing of a certified abstract
 16 10 of a vehicle operating record under section 321A.3, subsection
 16 11 1, shall be transferred to the IowAccess revolving fund
 16 12 created in section 18.187 and administered by the division of
 16 13 information technology services of the department of general
 16 14 services for the purposes of developing, implementing,
 16 15 maintaining, and expanding electronic access to government
 16 16 records in accordance with the requirements set forth in
 16 17 chapter 18, division VII.
 16 18    Sec. 17.  1997 Iowa Acts, chapter 210, section 10, is
 16 19 amended by adding the following new subsection:
 16 20    NEW SUBSECTION.  1A.  Notwithstanding subsection 1, the
 16 21 year 2000 program office, with the approval of the director of
 16 22 the department of management, may allocate funds to the
 16 23 emergency management division of the department of public
 16 24 defense for projects identified by the emergency management
 16 25 division of the department of public defense as necessary for
 16 26 maintaining critical functions in state government during
 16 27 implementation of the century date change.
 16 28    Sec. 18.  1998 Iowa Acts, chapter 1224, section 7,
 16 29 subsection 2, paragraphs b, c, k, m, n, p, r, and t, are
 16 30 amended to read as follows:
 16 31    b.  To the department of human services for a child support
 16 32 recovery systems development:  
 16 33 .................................................. $  1,131,976
 16 34    Notwithstanding section 8.33, moneys allocated to the
 16 35 department of human services in paragraphs "a" and "b" which
 17  1 remain unobligated and unexpended at the close of the fiscal
 17  2 year shall not revert but shall remain available for the
 17  3 purposes for which allocated in these paragraphs for the
 17  4 fiscal year beginning July 1, 1999, and ending June 30, 2000.
 17  5    c.  To the department of workforce development for an
 17  6 integrated information system:  
 17  7 .................................................. $  2,513,000
 17  8    Notwithstanding section 8.33, moneys allocated to the
 17  9 department of workforce development in this paragraph "c"
 17 10 which remain unobligated or unexpended at the close of the
 17 11 fiscal year shall not revert to the general fund of the state
 17 12 but shall remain available for the purpose designated in this
 17 13 paragraph "c" in the succeeding fiscal year.
 17 14    k.  To the department of revenue and finance for telefiling
 17 15 of tax returns:  
 17 16 .................................................. $    150,000
 17 17    Notwithstanding section 8.33, moneys allocated to the
 17 18 department of revenue and finance in paragraphs "i", "j", and
 17 19 "k" which remain unobligated or unexpended at the close of the
 17 20 fiscal year shall not revert but shall remain available for
 17 21 the purposes for which allocated in these paragraphs for the
 17 22 fiscal year beginning July 1, 1999, and ending June 30, 2000.
 17 23    m.  To the Iowa communications network operations account
 17 24 for use by the Iowa telecommunications and technology
 17 25 commission only for the replacement of optical components of
 17 26 the network which become unusable and which are necessary or
 17 27 conversion to new technology components for the continued
 17 28 operation and use of the network:  
 17 29 .................................................. $  4,000,000
 17 30    Notwithstanding section 8.33, moneys allocated to the Iowa
 17 31 telecommunications and technology commission in this paragraph
 17 32 "m", and any other funds appropriated to the commission, which
 17 33 remain unobligated or unexpended at the close of the fiscal
 17 34 year shall not revert but shall remain available for the
 17 35 purpose designated in this paragraph "m" for the fiscal year
 18  1 beginning July 1, 1999, and ending June 30, 2000.
 18  2    The commission shall consult with the director of the
 18  3 division of information technology services in the department
 18  4 of general services concerning, and prior to, the replacement
 18  5 of optical components or conversion to new technology
 18  6 components.  The commission and the director shall ensure, to
 18  7 the extent possible, that such components comply with open
 18  8 standards.
 18  9    n.  To the department of workforce development for a
 18 10 sustaining community resource directory pilot project:  
 18 11 .................................................. $    178,000
 18 12    Notwithstanding section 8.33, moneys allocated to the
 18 13 department of workforce development in this paragraph "n"
 18 14 which remain unobligated or unexpended at the close of the
 18 15 fiscal year shall not revert to the general fund of the state
 18 16 but shall remain available for the purpose designated in this
 18 17 paragraph "n" in the succeeding fiscal year.
 18 18    p.  To the department of inspections and appeals for the
 18 19 office of public defender for an indigent defense claims
 18 20 processing redesign project:  
 18 21 .................................................. $     75,000
 18 22    Notwithstanding section 8.33, moneys allocated to the
 18 23 department of inspections and appeals for the office of public
 18 24 defender in this paragraph "p" which remain unobligated or
 18 25 unexpended at the close of the fiscal year shall not revert
 18 26 but shall remain available for the purpose designated in this
 18 27 paragraph "p" for the fiscal year beginning July 1, 1999, and
 18 28 ending June 30, 2000.
 18 29    r.  To the department of general services for a purchasing
 18 30 system:  
 18 31 .................................................. $  2,500,000
 18 32    Notwithstanding section 8.33, moneys allocated to the
 18 33 department of general services in this paragraph "r" which
 18 34 remain unobligated or unexpended at the close of the fiscal
 18 35 year shall not revert but shall remain available for the
 19  1 purpose designated in this paragraph "r" for the fiscal year
 19  2 beginning July 1, 1999, and ending June 30, 2000.
 19  3    t.  To the department of public health for a telephone
 19  4 verification system:  
 19  5 .................................................. $    400,000
 19  6    Notwithstanding section 8.33, moneys allocated to the
 19  7 department of public health in this paragraph "t" which remain
 19  8 unobligated or unexpended at the close of the fiscal year
 19  9 shall not revert to the general fund of the state but shall
 19 10 remain available for the purpose designated in this paragraph
 19 11 "t" for the fiscal year beginning July 1, 1999, and ending
 19 12 June 30, 2000.
 19 13    Sec. 19.  Notwithstanding chapter 22, information, plans,
 19 14 data, or other communications, including emergency continuity
 19 15 of operation plans, that are in the custody or control of
 19 16 state governmental entities, and that are necessary to protect
 19 17 the life, safety, or property of government employees or
 19 18 persons in the care or custody of government entities shall be
 19 19 considered to be confidential records under section 22.7 and
 19 20 shall be kept confidential.
 19 21    This section is repealed effective July 1, 2000.
 19 22    Sec. 20.  YEAR 2000 REPORTING.
 19 23    1.  Every department, institution under the control of the
 19 24 board of regents, and office of a statewide elected official,
 19 25 other than the governor, shall report monthly on forms as
 19 26 provided by the year 2000 program office on the progress of
 19 27 such department, regents institution, or office in
 19 28 implementing century date change programming.  Such reports
 19 29 shall be submitted to the legislative oversight committee, the
 19 30 legislative fiscal bureau, and the year 2000 program office.
 19 31    2.  The judicial branch shall report monthly on forms as
 19 32 provided by the year 2000 program office on the progress of
 19 33 the branch in implementing century date change programming.
 19 34 Such report shall be submitted to the legislative oversight
 19 35 committee.
 20  1    3.  The computer support bureau shall report monthly on
 20  2 forms as provided by the year 2000 program office on the
 20  3 progress of the bureau in implementing century date change
 20  4 programming.  Such report shall be submitted to the
 20  5 legislative oversight committee.
 20  6    Sec. 21.  1999 Iowa Acts, Senate File 468, section 4,
 20  7 subsection 1, paragraph e, if enacted, is amended to read as
 20  8 follows:
 20  9    e.  For the operation of the Mt. Pleasant correctional
 20 10 facility, including salaries, support, maintenance, employment
 20 11 of correctional officers and a full-time chaplain to provide
 20 12 religious counseling at the Oakdale and Mt. Pleasant
 20 13 correctional facilities, miscellaneous purposes, and for not
 20 14 more than the following full-time equivalent positions:  
 20 15 .................................................. $ 20,529,274
 20 16 ............................................... FTEs     337.26
 20 17                                                          343.26
 20 18    Sec. 22.  EFFECTIVE DATE.  Section 2, subsection 5,
 20 19 sections 5, and 18, and section 7, subsection 1, of this Act,
 20 20 relating to the use of the state budget system by the Iowa
 20 21 telecommunications and technology commission, the reversion
 20 22 technology initiatives account, amending 1998 Iowa Acts,
 20 23 chapter 1224, section 7, and establishing an information
 20 24 technology department transition team, respectively, being
 20 25 deemed of immediate importance, take effect upon enactment.  
 20 26 
 20 27 
 20 28                                                             
 20 29                               BRENT SIEGRIST
 20 30                               Speaker of the House
 20 31 
 20 32 
 20 33                                                             
 20 34                               MARY E. KRAMER
 20 35                               President of the Senate
 21  1 
 21  2    I hereby certify that this bill originated in the House and
 21  3 is known as House File 762, Seventy-eighth General Assembly.
 21  4 
 21  5 
 21  6                                                             
 21  7                               ELIZABETH ISAACSON
 21  8                               Chief Clerk of the House
 21  9 Approved                , 1999
 21 10 
 21 11 
 21 12                               
 21 13 THOMAS J. VILSACK
 21 14 Governor
     

Text: HF00761                           Text: HF00763
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