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PAG LIN 1 1 Section 1. LEGISLATIVE FINDINGS. The general assembly 1 2 finds and declares all of the following: 1 3 1. Information technology resources in state government 1 4 are valuable strategic assets belonging to the citizens of 1 5 Iowa and must be managed accordingly. 1 6 2. State agencies independently acquire duplicative 1 7 information technologies that would be more appropriately 1 8 acquired as part of a coordinated effort for maximum cost- 1 9 effectiveness, maximized service, and efficiency. 1 10 3. Considerations of both cost and the need for the 1 11 transfer of information among the various agencies and 1 12 branches of state government in the most timely and useful 1 13 form possible require a uniform policy and coordinated system 1 14 for the use and acquisition of communication and information 1 15 technologies. 1 16 4. The appropriate use of information technology by the 1 17 state can improve operational productivity, reduce the cost of 1 18 government, enhance service to the citizens of Iowa, and make 1 19 government more accessible to the public. 1 20 5. The use of information technology to provide government 1 21 services directly to citizens can be a cost-effective method 1 22 of delivering such services. 1 23 6. Planning, investment, protection, and direction for 1 24 information technology resources must be enacted to accomplish 1 25 all of the following: 1 26 a. Ensure the effective application of information 1 27 technology on state business operations. 1 28 b. Ensure the quality, security, and integrity of state 1 29 business operations. 1 30 c. Enhance privacy to the citizens of the state. 1 31 7. The state must provide information technology 1 32 infrastructure, technical directions, and a proficient 1 33 organizational management structure to facilitate the 1 34 productive application of information technology and resources 1 35 to accomplish the missions and goals of state government. 2 1 8. Oversight of large-scale systems or projects is 2 2 necessary to protect the state's investment and to ensure 2 3 appropriate integration with existing or planned systems. 2 4 9. Appropriate public-private partnerships to supplement 2 5 existing resources must be developed as a strategy for the 2 6 state to comprehensively meet its information technology 2 7 needs. 2 8 10. Establishment of an information technology department 2 9 is necessary to achieve the goals identified in this section, 2 10 to effectively plan for, develop, and manage information 2 11 technology and related resources, and to assure that the needs 2 12 of the citizens of this state, as well as the state's needs, 2 13 are met. 2 14 Sec. 2. Section 7E.5, subsection 1, Code 1999, is amended 2 15 by adding the following new paragraph: 2 16 NEW PARAGRAPH. x. The information technology department, 2 17 created in chapter 14B, which has primary responsibility for 2 18 the development and application of information technology in 2 19 state government and the operation of the Iowa communications 2 20 network. 2 21 Sec. 3. NEW SECTION. 14B.101 DEFINITIONS. 2 22 As used in this chapter, unless the context otherwise 2 23 requires: 2 24 1. "Acquire" means to procure, obtain, purchase, lease- 2 25 purchase, or lease information technology. 2 26 2. "Agency" means a unit of state government, which is an 2 27 authority, board, commission, committee, council, department, 2 28 examining board, or independent agency as defined in section 2 29 7E.4, including but not limited to each principal central 2 30 department enumerated in section 7E.5. However, "agency" does 2 31 not mean any of the following: 2 32 a. The office of the governor. 2 33 b. The general assembly, or any office or unit under its 2 34 administrative authority. 2 35 c. The judicial branch, as provided in section 602.1102. 3 1 d. A political subdivision of the state or its offices or 3 2 units, including but not limited to a county, city, or 3 3 community college. 3 4 3. "Director" means the director of the information 3 5 technology department appointed as provided in section 14B.3. 3 6 4. "Governmental entity" means any unit of government in 3 7 the executive, legislative, or judicial branches of 3 8 government; an agency or political subdivision; any unit of 3 9 another state government, including its political 3 10 subdivisions; and any unit of the United States government. 3 11 5. "Information technology" means computing, electronics, 3 12 and telecommunications technologies used to process and 3 13 distribute information in digital and other forms and includes 3 14 information technology devices and information technology 3 15 services. 3 16 6. "Information technology council" means the information 3 17 technology council established in section 14B.104. 3 18 7. "Information technology device" means equipment or 3 19 associated software, including programs, languages, 3 20 procedures, or associated documentation, used in operating the 3 21 equipment which is designed for utilizing information stored 3 22 in an electronic format. "Information technology devices" 3 23 includes but is not limited to computer systems, computer 3 24 networks, and equipment used for input, output, processing, 3 25 storage, display, communication, video transmission, scanning, 3 26 and printing. 3 27 8. "Information technology services" means services 3 28 designed to do any of the following: 3 29 a. Facilitate the acquisition of information technology 3 30 devices. 3 31 b. Provide functions, maintenance, and support of 3 32 information technology devices. 3 33 c. Provide services including, but not limited to, any of 3 34 the following: 3 35 (1) Computer systems application development and 4 1 maintenance. 4 2 (2) Systems integration and interoperability. 4 3 (3) Operating systems maintenance and design. 4 4 (4) Computer systems programming. 4 5 (5) Computer systems software support. 4 6 (6) Planning and security relating to information 4 7 technology devices. 4 8 (7) Data management consultation. 4 9 (8) Information technology education and consulting. 4 10 (9) Information technology planning and standards. 4 11 (10) Establishment of local area network and workstation 4 12 management standards. 4 13 9. "Participating agency" means any agency other than any 4 14 of the following: 4 15 a. The state board of regents and institutions operated 4 16 under the authority of the state board of regents. 4 17 b. The public broadcasting division of the department of 4 18 education. 4 19 c. The state department of transportation mobile radio 4 20 network. 4 21 d. The department of public safety law enforcement 4 22 communications systems. 4 23 10. "Public records" means the same as defined in section 4 24 22.1. 4 25 Sec. 4. NEW SECTION. 14B.102 DEPARTMENT ESTABLISHED – 4 26 MISSION – POWERS AND DUTIES. 4 27 1. DEPARTMENT ESTABLISHED. The information technology 4 28 department is established as a state department. The mission 4 29 of the department is to foster the development and application 4 30 of information technology to improve the lives of Iowans. 4 31 2. POWERS AND DUTIES OF DEPARTMENT. The powers and duties 4 32 of the department shall include, but are not limited to, all 4 33 of the following: 4 34 a. Providing information technology to participating 4 35 agencies and other governmental entities as provided in this 5 1 chapter. 5 2 b. Implementing the strategic information technology plan 5 3 as prepared and updated by the information technology council. 5 4 c. Developing and implementing a business continuity plan, 5 5 as the director determines is appropriate, to be used if a 5 6 disruption occurs in the provision of information technology 5 7 to participating agencies and other governmental entities. 5 8 d. Developing and implementing standards for information 5 9 technology, including but not limited to system design and 5 10 systems integration and interoperability, which when 5 11 implemented shall apply to all participating agencies except 5 12 as otherwise provided in this chapter. 5 13 e. Developing and maintaining an information technology 5 14 architecture consistent with standards established by the 5 15 information technology council. 5 16 f. Developing and maintaining security policies and 5 17 systems to ensure the integrity of the state's information 5 18 resources and to prevent the disclosure of confidential 5 19 records. 5 20 g. Coordinating the use of information technology among 5 21 participating agencies and other governmental entities, to 5 22 ensure that all components of information technology are 5 23 compatible to the extent deemed necessary by the information 5 24 technology council. 5 25 h. Developing and implementing effective and efficient 5 26 strategies for the use and provision of information technology 5 27 for participating agencies and other governmental entities. 5 28 i. Acquiring any information technology device necessary 5 29 for participating agencies. 5 30 j. Acquiring or assisting with the acquisition of 5 31 information technology for governmental entities other than 5 32 participating agencies, if requested by such entities, and 5 33 upon entering into an agreement to provide such information 5 34 technology. 5 35 k. Establishing criteria by which agencies obtain 6 1 information technology services from the department. 6 2 l. Selling or otherwise disposing of information 6 3 technology devices not needed by the department. 6 4 m. Entering into agreements pursuant to chapter 28D or 6 5 28E, or memorandums of understanding or other agreements as 6 6 necessary and appropriate to administer this chapter. 6 7 n. Establishing and maintaining, in cooperation with the 6 8 department of revenue and finance and the department of 6 9 general services, an inventory of information technology 6 10 devices used by participating agencies and other governmental 6 11 entities using the department's services. The information 6 12 technology department may request a participating agency to 6 13 provide such information as is necessary to establish and 6 14 maintain an inventory as required under this paragraph, and 6 15 such participating agency shall provide such information to 6 16 the department in a timely manner. 6 17 3. FEES. The department may charge a reasonable and 6 18 necessary fee to a participating agency or other governmental 6 19 entity for information technology provided by the department 6 20 to such agency or entity. Fees charged pursuant to this 6 21 subsection shall be deposited in the Iowa information 6 22 technology fund created in section 14B.111. 6 23 4. DISPUTE RESOLUTION. If a dispute arises between the 6 24 department or information technology council and an agency for 6 25 which the department provides or refuses to provide 6 26 information technology, the dispute shall be resolved as 6 27 provided in section 679A.19. 6 28 Sec. 5. NEW SECTION. 14B.103 DIRECTOR – POWERS AND 6 29 DUTIES. 6 30 1. DIRECTOR APPOINTED. The chief administrative officer 6 31 of the department is the director. The director shall be 6 32 appointed by the governor, subject to confirmation by the 6 33 senate. The director shall serve at the pleasure of the 6 34 governor. The governor shall set the salary of the director 6 35 within the applicable salary range established by the general 7 1 assembly. The director shall be selected on the ability to 7 2 administer the duties and functions granted to the director 7 3 and the department and shall devote full time to the duties of 7 4 the director. If the office of director becomes vacant, the 7 5 vacancy shall be filled in the same manner as the original 7 6 appointment was made. 7 7 The director shall also serve as the chief information 7 8 officer for the state. 7 9 2. POWER AND DUTIES. The director of the department shall 7 10 do all of the following: 7 11 a. Plan, direct, coordinate, and execute the functions 7 12 necessary to carry out the duties of the department. 7 13 b. Provide overall supervision, direction, and 7 14 coordination of functions of the department. 7 15 c. Employ personnel as necessary to carry out the 7 16 functions vested in the department consistent with chapter 19A 7 17 and enhance the recruitment, retention, and training of 7 18 professional staff. 7 19 d. Supervise and manage employees of the department, and 7 20 provide for the internal organization of the department and 7 21 for the allocation of functions within the department 7 22 consistent with section 7E.2. 7 23 e. Appoint advisory committees as appropriate to assist 7 24 the director in developing strategies for the use and 7 25 provision of information technology and establish other 7 26 advisory committees as necessary to assist the director in 7 27 carrying out the director's duties under this chapter. The 7 28 number of advisory committees and advisory committee 7 29 membership shall be determined by the director to assure that 7 30 the public and agencies and other governmental entities have 7 31 an opportunity to comment on the services provided and the 7 32 service goals and objectives of the department. 7 33 f. Recommend to the information technology council an 7 34 annual budget for the department. 7 35 g. Recommend to the information technology council rules 8 1 deemed necessary for the implementation of this chapter and 8 2 proper administration of the department. 8 3 h. Recommend to the information technology council 8 4 information technology standards. 8 5 i. Develop and implement operational policies of the 8 6 department and be responsible for the day-to-day operations of 8 7 the department. 8 8 j. Develop and recommend to the information technology 8 9 council legislative proposals deemed necessary for the 8 10 continued efficiency of department functions, and review 8 11 legislative proposals generated outside of the department 8 12 which are related to matters within the department's purview. 8 13 k. Provide advice to the governor on issues related to 8 14 information technology. 8 15 l. Consult with agencies and other governmental entities 8 16 on issues relating to information technology. 8 17 m. Work with all governmental entities in an effort to 8 18 achieve the information technology goals established by the 8 19 information technology council. 8 20 3. WAIVER. The director, when such authority is delegated 8 21 by the information technology council under section 14B.104, 8 22 may grant a waiver from a requirement otherwise applicable to 8 23 a participating agency in the same manner as provided for the 8 24 information technology council under section 14B.104. 8 25 4. DELEGATION OF POWERS AND DUTIES. Powers and duties 8 26 vested in the director may be delegated by the director to an 8 27 employee of the department, but the director retains the 8 28 responsibility for an employee's acts within the scope of the 8 29 delegation. 8 30 5. APPEAL OF DIRECTOR'S DECISION. A decision by the 8 31 director may be appealed to the information technology 8 32 council, if such decision relates to anything which is a 8 33 responsibility of or is subject to the authority of the 8 34 information technology council. A person aggrieved by such 8 35 decision of the director shall provided notice of such appeal 9 1 to the information technology council within thirty calendar 9 2 days of the decision of the director. An appeal of a decision 9 3 of the director shall be treated as a contested case under 9 4 chapter 17A. 9 5 Any other decision of the director is a final agency action 9 6 as provided under chapter 17A. 9 7 Sec. 6. NEW SECTION. 14B.104 INFORMATION TECHNOLOGY 9 8 COUNCIL – MEMBERS – POWERS AND DUTIES. 9 9 1. MEMBERSHIP. 9 10 a. An information technology council is established with 9 11 the authority to oversee information technology activities of 9 12 participating agencies as provided in this chapter. The 9 13 information technology council is composed of nineteen members 9 14 including the following: 9 15 (1) The director of the information technology department 9 16 who shall be an ex officio, nonvoting member and chairperson. 9 17 (2) The administrator of the public broadcasting division 9 18 of the department of education. 9 19 (3) The chairperson of the information technology 9 20 management council established in section 14B.109, or the 9 21 chairperson's designee. 9 22 (4) The chairperson of the IowAccess board established in 9 23 section 14B.201, or the chairperson's designee. 9 24 (5) The chairperson of the federal executive board, or the 9 25 chairperson's designee. 9 26 (6) Two executive branch department heads appointed by the 9 27 governor. 9 28 (7) Two persons representing education, including the 9 29 chairperson of the education telecommunications council and 9 30 one person appointed by the governor. An appointment made 9 31 pursuant to this subparagraph shall be made so that one person 9 32 represents kindergarten through grade twelve and one person 9 33 represents higher education. 9 34 (8) Five persons appointed by the governor who are 9 35 knowledgeable in information technology matters, and who shall 10 1 also serve as members of the information technology council 10 2 citizen subcommittee. 10 3 (9) One person representing the judicial branch appointed 10 4 by the chief justice of the supreme court who shall serve in 10 5 an ex officio, nonvoting capacity. 10 6 (10) Four members of the general assembly with not more 10 7 than one member from each chamber being from the same 10 8 political party. The two senators shall be designated by the 10 9 president of the senate after consultation with the majority 10 10 and minority leaders of the senate, and with the approval of 10 11 the majority party appointee by the majority leader and the 10 12 approval of the minority party appointee by the minority 10 13 leader. The two representatives shall be designated by the 10 14 speaker of the house of representatives after consultation 10 15 with the majority and minority leaders of the house of 10 16 representatives, and with the approval of the majority party 10 17 appointee by the majority leader and the approval of the the 10 18 minority party appointee by the minority leader. Legislative 10 19 members shall serve in an ex officio, nonvoting capacity. A 10 20 legislative member is eligible for per diem and expenses as 10 21 provided in section 2.10. 10 22 b. The members appointed by the governor pursuant to 10 23 paragraph "a", subparagraphs (6) through (8), shall serve 10 24 three-year staggered terms as designated by the governor and 10 25 appointments to the information technology council are subject 10 26 to the requirements of sections 69.16A and 69.19. Members 10 27 appointed by the governor pursuant to paragraph "a", 10 28 subparagraphs (6) through (8), shall not serve consecutive 10 29 three-year terms. Members appointed by the governor are 10 30 subject to senate confirmation and shall be reimbursed for 10 31 actual and necessary expenses incurred in performance of their 10 32 duties. Such members may also be eligible to receive 10 33 compensation as provided in section 7E.6. 10 34 2. DUTIES. The information technology council shall do 10 35 all of the following: 11 1 a. Adopt rules in accordance with chapter 17A which are 11 2 necessary for the exercise of the powers and duties granted by 11 3 this chapter and the proper administration of the department. 11 4 b. Establish, by rule, information technology standards 11 5 which shall be adhered to in the procurement of information 11 6 technology for participating agencies, and, as applicable, 11 7 which shall be adhered to by all participating agencies, 11 8 unless waived pursuant to section 14B.103 or 14B.104. 11 9 c. Appoint advisory committees as appropriate to assist 11 10 the information technology council in developing strategies 11 11 for the use and provision of information technology and 11 12 establishing other advisory committees as necessary to assist 11 13 the information technology council in carrying out its duties 11 14 under this chapter. The number of advisory committees and 11 15 their membership shall be determined by the information 11 16 technology council to assure that the public and agencies and 11 17 other governmental entities have an opportunity to comment on 11 18 the services provided and the service goals and objectives of 11 19 the department. 11 20 d. Prepare and annually update a strategic information 11 21 technology plan for the use of information technology 11 22 throughout state government. The plan shall promote 11 23 participation in cooperative projects with other governmental 11 24 entities. The plan shall establish a mission, goals, and 11 25 objectives for the use of information technology, including 11 26 goals for electronic access to government records, 11 27 information, and services. The plan shall be submitted 11 28 annually to the governor and the general assembly. 11 29 e. Review and recommend to the general assembly, as deemed 11 30 appropriate by the information technology council, legislative 11 31 proposals recommended by the director, or other legislative 11 32 proposals as developed and deemed necessary by the information 11 33 technology council. 11 34 f. Review and approve, as deemed appropriate by the 11 35 information technology council, the annual budget 12 1 recommendation for the department as proposed by the director. 12 2 3. WAIVER. The information technology council, upon the 12 3 written request of a participating agency and for good cause 12 4 shown, may grant a waiver from a requirement otherwise 12 5 applicable to a participating agency relating to an 12 6 information technology standard established by the information 12 7 technology council. The information technology council may 12 8 delegate its authority to waive a requirement under this 12 9 subsection to the director. 12 10 4. FINAL AGENCY ACTION. A decision by the council is a 12 11 final agency action as provided under chapter 17A and an 12 12 appeal of the decision shall be made directly to the district 12 13 court. Any party to a contested case may appeal the decision 12 14 to the district court. 12 15 Sec. 7. NEW SECTION. 14B.105 DIVISIONS OF THE DEPARTMENT 12 16 – RESPONSIBILITIES. 12 17 The department shall initially include the following 12 18 divisions: 12 19 1. A policy and planning division which is responsible for 12 20 the integration of information technology into all business 12 21 aspects of state government. 12 22 2. An operations division which is responsible for 12 23 providing all of the following: 12 24 a. Server systems, including mainframe and other server 12 25 operations. 12 26 b. Telecommunications. 12 27 c. Desktop support. 12 28 d. Applications integration. 12 29 3. A customer support division which is responsible for 12 30 providing applications development and support, and advice and 12 31 assistance in developing and supporting business applications. 12 32 4. An administration division which is responsible for the 12 33 financial, personnel, and other administrative functions of 12 34 the department. The administration division is also 12 35 responsible for all information technology purchasing and 13 1 contract administration. 13 2 Sec. 8. NEW SECTION. 14B.106 OFFICE OF INFORMATION 13 3 TECHNOLOGY INNOVATION. 13 4 1. An office of information technology innovation is 13 5 established within the department which shall be headed by an 13 6 administrator appointed by the director. 13 7 2. The office is responsible for fostering research and 13 8 development activities and innovation in the application and 13 9 use of information technology in state government. 13 10 3. The office shall provide staff support for the 13 11 information technology innovation advisory board. 13 12 4. The office may do any of the following: 13 13 a. Evaluate internet technologies for use by agencies, 13 14 including, but not limited to, systems for internet access, 13 15 security, and privacy protection. 13 16 b. Establish pilot projects for developing and evaluating 13 17 information technology applications for use by agencies and 13 18 for use in intergovernmental applications. 13 19 c. Promote collaborative systems development with the 13 20 private sector. 13 21 d. Foster the creation of projects developing new 13 22 applications. 13 23 e. Promote experimental collaborative educational 13 24 opportunities with emerging technologies for information 13 25 technology professionals in state government. 13 26 f. Other activities as deemed necessary and appropriate by 13 27 the director. 13 28 Sec. 9. NEW SECTION. 14B.107 INFORMATION TECHNOLOGY 13 29 INNOVATION ADVISORY BOARD – FUND. 13 30 1. BOARD ESTABLISHED. An information technology 13 31 innovation advisory board is established to advise the 13 32 director concerning expenditures of funds from, and the 13 33 administration of, the information technology innovation fund 13 34 created in subsection 2. The board shall be comprised of no 13 35 less than four members including the director of the 14 1 information technology department, the director of the 14 2 department of management, the chairperson of the IowAccess 14 3 board, and the chairperson of the information technology 14 4 management council. The information technology council may 14 5 also appoint additional members to this board as deemed 14 6 appropriate. 14 7 2. FUND CREATED – PURPOSE. 14 8 a. An information technology innovation fund is created 14 9 within the state treasury under the control of the department. 14 10 The fund shall consist of any money appropriated by the 14 11 general assembly and any other moneys available to and 14 12 obtained or accepted by the department from the federal 14 13 government or private sources for placement in the fund. The 14 14 assets of the fund shall be used by the department only for 14 15 carrying out the purposes of this section. 14 16 b. The information technology innovation advisory board 14 17 may award grants from the fund as appropriate and consistent 14 18 with rules adopted by the information technology council. The 14 19 rules shall provide that moneys in the fund be used primarily 14 20 for research and development efforts directly related to 14 21 information technology and the applications of such 14 22 technology. 14 23 Sec. 10. NEW SECTION. 14B.108 OFFICE OF DIGITAL 14 24 GOVERNMENT. 14 25 1. An office of digital government is established which 14 26 shall be headed by an administrator appointed by the director. 14 27 2. The office is responsible for initiating and supporting 14 28 the development of electronic commerce, electronic government, 14 29 and internet applications across participating agencies and in 14 30 cooperation with other governmental agencies. 14 31 3. The office shall do all of the following: 14 32 a. Recommend standards to the information technology 14 33 council, consistent with other state law, for the 14 34 implementation of electronic commerce, including standards for 14 35 digital signatures, electronic currency, and other items 15 1 associated with electronic commerce. 15 2 b. Recommend guidelines to the information technology 15 3 council for the appearance and functioning of applications. 15 4 c. Recommend standards to the information technology 15 5 council for the integration of electronic data across state 15 6 agencies. 15 7 d. Foster joint development of electronic commerce and 15 8 electronic government involving the public and private 15 9 sectors. 15 10 e. Develop customer surveys and citizen outreach and 15 11 education programs and material, and provide for citizen input 15 12 regarding the state's electronic commerce and electronic 15 13 government applications. 15 14 f. Provide staff support for the IowAccess board. 15 15 Sec. 11. NEW SECTION. 14B.109 INFORMATION TECHNOLOGY 15 16 MANAGEMENT COUNCIL. 15 17 1. An information technology management council is 15 18 established to promote policies and practices that will foster 15 19 the effective use and management of governmental information 15 20 technology resources. The council may assist government 15 21 employees responsible for achieving the efficient use of such 15 22 resources by providing leadership and fostering collaboration 15 23 regarding information technology and information management 15 24 among all governmental entities. 15 25 2. The information technology management council shall 15 26 consist of representatives of governmental entities who choose 15 27 to participate in the council. Each governmental entity shall 15 28 be permitted one vote for the purposes of any action taken by 15 29 the council necessitating a vote. The head of each 15 30 governmental entity shall designate such governmental entity's 15 31 representative. A person designated as a representative to 15 32 the council should be knowledgeable concerning the information 15 33 technology and information system needs of the designee's 15 34 governmental entity. 15 35 3. The information technology management council shall be 16 1 chaired by a person appointed by the governor. An individual 16 2 appointed as chairperson shall serve for a period of no more 16 3 than two years without being reappointed. A vice chairperson 16 4 shall be selected by a vote of the voting members of the 16 5 council. The council may elect such other officers as deemed 16 6 necessary by the council. 16 7 4. The information technology management council shall do 16 8 all of the following: 16 9 a. Promote the exchange of information among governmental 16 10 entities to facilitate the development of technical knowledge 16 11 and understanding regarding information technology and 16 12 information management. 16 13 b. Develop guidelines and foster the continued expansion 16 14 of projects that result in the sharing of information 16 15 technology resources that facilitate information technology 16 16 transfer and systems integration within this state. 16 17 c. Promote research, development, evaluation, and use of 16 18 advanced information technologies appropriate to state 16 19 government in cooperation with the information technology 16 20 innovation advisory board established under section 14B.107. 16 21 d. Maintain active contact with private organizations 16 22 having demonstrated expertise relevant to the use and 16 23 management of information technology resources. 16 24 e. Promote education and training in management of 16 25 information technologies and resources as essential components 16 26 of professional development of the state work force. 16 27 f. Advise the information technology council regarding the 16 28 operation and activities of the department. 16 29 Sec. 12. NEW SECTION. 14B.110 INFORMATION TECHNOLOGY 16 30 STANDARDS – PROCUREMENT. 16 31 1. Notwithstanding the provisions of this section, the 16 32 information technology department and the department of 16 33 general services shall enter into an interagency agreement 16 34 regarding the division of responsibilities between the 16 35 departments associated with the procurement of information 17 1 technology which is acceptable to both departments. The 17 2 interagency agreement shall be subject to renegotiation at 17 3 least every two years, unless an earlier time is provided for 17 4 in the interagency agreement. If the departments are unable 17 5 to agree on the terms of an interagency agreement or upon a 17 6 failure of either department to satisfy the terms of the 17 7 agreement, the departments shall inform the department of 17 8 management that an agreement has not been reached or that one 17 9 of the departments has failed to satisfy the terms of the 17 10 agreement. The department of management, upon receipt and 17 11 review of such information, may direct the information 17 12 technology department to proceed with the procurement of 17 13 information technology as provided in subsections 2 through 6. 17 14 2. a. Standards established by the council, unless waived 17 15 pursuant to section 14B.103 or 14B.104, shall apply to all 17 16 information technology procurements for participating 17 17 agencies. 17 18 b. A participating agency shall submit a request to the 17 19 department for the procurement of any information technology. 17 20 The department, prior to any acquisition of such information 17 21 technology, shall make a determination whether the requested 17 22 information technology complies with the information 17 23 technology standards established by the information technology 17 24 council. If a determination is made that the information 17 25 technology complies with such standards, the department shall 17 26 procure the information technology. If a determination is 17 27 made that the information technology does not comply with such 17 28 standards, the department shall disapprove the request and 17 29 such information technology shall not be procured unless a 17 30 waiver is granted pursuant to section 14B.103 or 14B.104. 17 31 The information technology department, at the request of a 17 32 participating agency other than the state department of 17 33 transportation, the department for the blind, or the lottery 17 34 division of the department of revenue and finance, shall 17 35 acquire the information technology for the participating 18 1 agency requesting such information technology if it is 18 2 determined to be compliant with the standards established by 18 3 the information technology council. 18 4 The state department of transportation, the department for 18 5 the blind, or the lottery division of the department of 18 6 revenue and finance, upon a determination by the information 18 7 technology department that a proposed information technology 18 8 acquisition complies with the information technology standards 18 9 established by the information technology council, may proceed 18 10 with such acquisition. The information technology department 18 11 shall provide advice to such participating agency regarding 18 12 the procurement of such information technology, including any 18 13 opportunity to aggregate such purchases with other 18 14 participating agencies. 18 15 3. The information technology department, by rule, may 18 16 implement a prequalification procedure for contractors which 18 17 the department has entered or intends to enter into agreements 18 18 regarding the procurement of information technology. 18 19 4. Notwithstanding the provisions of chapter 18, the 18 20 department may procure information technology as provided in 18 21 this section. The department may cooperate with other 18 22 governmental entities in the procurement of information 18 23 technology in an effort to make such procurements in a cost- 18 24 effective, efficient manner as provided in this section. The 18 25 department, as deemed appropriate and cost-effective, may 18 26 procure information technology using any of the following 18 27 methods: 18 28 a. Cooperative procurement agreement. The department may 18 29 enter into a cooperative procurement agreement with another 18 30 governmental entity for the purpose of pooling funds for the 18 31 purchase of information technology, whether such information 18 32 technology is for the use of the department or multiple 18 33 governmental entities. The cooperative procurement agreement 18 34 shall clearly specify the purpose of the agreement and the 18 35 method by which such purpose will be accomplished. Any power 19 1 exercised under such agreement shall not exceed the power 19 2 granted to any party to the agreement. 19 3 b. Negotiated contract. The department may enter into an 19 4 agreement for the purchase of information technology if any of 19 5 the following applies: 19 6 (1) The contract price, terms, and conditions are pursuant 19 7 to the current federal supply contract, and the purchase order 19 8 adequately identifies the federal supply contract under which 19 9 the procurement is to be made. 19 10 (2) The contract price, terms, and conditions are no less 19 11 favorable than the contractor's current federal supply 19 12 contract price, terms, and conditions; the contractor has 19 13 indicated in writing a willingness to extend such price, 19 14 terms, and conditions to the department; and the purchase 19 15 order adequately identifies the contract relied upon. 19 16 (3) The contract is with a vendor which has a current 19 17 exclusive or nonexclusive price agreement with the state for 19 18 the information technology to be procured, and such 19 19 information technology meets the same standards and 19 20 specifications as the items to be procured and both of the 19 21 following apply: 19 22 (a) The quantity purchased does not exceed the quantity 19 23 which may be purchased under the applicable price agreement. 19 24 (b) The purchase order adequately identifies the price 19 25 agreement relied upon. 19 26 c. Contracts let by another government entity. The 19 27 department, on its own behalf or on the behalf of another 19 28 participating agency, may procure information technology under 19 29 a contract let by another state agency or political 19 30 subdivision of this state, or approve such procurement in the 19 31 same manner by a participating agency. 19 32 d. Reverse auction. 19 33 (1) The department may enter into an agreement for the 19 34 purchase of information technology utilizing a reverse auction 19 35 process. Such process shall result in the purchase of 20 1 information technology from the vendor submitting the lowest 20 2 responsible bid amount for the information technology to be 20 3 acquired. The department, in establishing a reverse auction 20 4 process shall do all of the following: 20 5 (a) Determine the specifications and requirements of the 20 6 information technology to be acquired. 20 7 (b) Identify and provide notice to potential vendors 20 8 concerning the proposed acquisition. 20 9 (c) Establish prequalification requirements to be met by a 20 10 vendor to be eligible to participate in the reverse auction. 20 11 (d) Conduct the reverse auction in a manner as deemed 20 12 appropriate by the department, and consistent with rules 20 13 adopted by the department. 20 14 (2) Prior to conducting a reverse auction, the department 20 15 shall establish a threshold amount which shall be the maximum 20 16 amount which the department is willing to pay for the 20 17 information technology to be acquired. 20 18 (3) The department shall enter into an agreement with a 20 19 vendor who is the lowest responsible bidder which meets the 20 20 specifications or description of the information technology to 20 21 be procured, or the department may reject all bids and begin 20 22 the process again. In determining the lowest responsible 20 23 bidder, the department may consider various factors, 20 24 including, but not limited to, the past performance of the 20 25 vendor relative to quality of product or service, the past 20 26 experience of the department in relation to the product or 20 27 service, the relative quality of products or services, the 20 28 proposed terms of delivery, and the best interest of the 20 29 state. 20 30 e. Competitive bidding. The department may enter into an 20 31 agreement for the purchase of information technology in the 20 32 same manner as provided under section 18.6, with respect to 20 33 the department of general services. 20 34 f. In addition to the competitive bidding procedure 20 35 provided for under paragraph "e", the information technology 21 1 department may enter into an agreement for the purchase, 21 2 disposal, or other disposition of information technology in 21 3 any other manner provided under chapter 18, in the same manner 21 4 and subject to the same limitations as the department of 21 5 general services. The information technology department, by 21 6 rule, shall provide for such procedures. 21 7 5. The department shall adopt rules pursuant to chapter 21 8 17A to implement the procurement methods provided for in 21 9 subsections 2 through 4. 21 10 Sec. 13. NEW SECTION. 14B.111 IOWA INFORMATION 21 11 TECHNOLOGY REVOLVING FUND – APPROPRIATION. 21 12 An Iowa information technology revolving fund is created in 21 13 the state treasury under the control of the department. The 21 14 revolving fund shall consist of moneys appropriated by the 21 15 general assembly and any other moneys obtained or accepted by 21 16 the department for deposit in the revolving fund. Moneys in 21 17 the revolving fund are appropriated to the department for 21 18 purposes as may be necessary to provide for appropriate 21 19 information technology as provided in this chapter. The 21 20 department shall submit an annual report not later than 21 21 January 31, to the members of the general assembly and the 21 22 legislative fiscal bureau, of the activities funded and 21 23 expenditures made from the revolving fund during the preceding 21 24 fiscal year. Section 8.33 does not apply to any moneys in the 21 25 revolving fund and, notwithstanding section 12C.7, subsection 21 26 2, earnings or interest on moneys deposited in the revolving 21 27 fund shall be credited to the revolving fund. 21 28 Sec. 14. NEW SECTION. 14B.112 INFORMATION TECHNOLOGY 21 29 PURCHASES BY GOVERNMENTAL ENTITIES HAVING INDEPENDENT 21 30 PURCHASING AUTHORITY. 21 31 1. The state department of transportation, the department 21 32 for the blind, or the lottery division of the department of 21 33 revenue and finance may utilize contracts established by the 21 34 information technology department for the acquisition of 21 35 information technology, request the assistance of the 22 1 information technology department, or acquire information 22 2 technology for and on its own behalf in accordance with the 22 3 authority granted to such agency. However, the proposed 22 4 acquisition of the information technology must comply with the 22 5 standards established by the information technology 22 6 department, unless waived pursuant to section 14B.103 or 22 7 14B.104. 22 8 2. A governmental entity other than a participating agency 22 9 or an agency subject to subsection 1 may utilize contracts 22 10 established by the information technology department for the 22 11 acquisition of information technology or request the 22 12 assistance of the information technology department in making 22 13 such acquisition. A proposed acquisition of information 22 14 technology under this subsection is not subject to the 22 15 standards established by the information technology council. 22 16 Such acquisition or assistance is subject to the fee schedule 22 17 of the department with respect to such services in the same 22 18 manner as a participating agency. 22 19 Sec. 15. NEW SECTION. 14B.201 IOWACCESS BOARD 22 20 ESTABLISHED – DUTIES – MEMBERSHIP. 22 21 1. BOARD ESTABLISHED. An IowAccess board is established 22 22 for the purpose of creating and providing a service to the 22 23 citizens of this state that is the gateway for one-stop 22 24 electronic access to government information and transactions, 22 25 whether federal, state, or local. 22 26 2. DUTIES. 22 27 a. The board shall do all of the following: 22 28 (1) Recommend to the information technology council 22 29 citizen subcommittee rates to be charged for access to and for 22 30 value-added services performed through IowAccess. 22 31 (2) Recommend to the director and the information 22 32 technology council the priority of projects associated with 22 33 IowAccess. 22 34 (3) Recommend to the director and the information 22 35 technology council expected outcomes and effects of the use of 23 1 IowAccess and determine the manner in which such outcomes are 23 2 to be measured and evaluated. 23 3 (4) Review and recommend to the director and the 23 4 information technology council the IowAccess total budget 23 5 request and ensure that such request reflects the priorities 23 6 and goals of IowAccess as established by the board. 23 7 (5) Review and recommend to the director and the 23 8 information technology council all rules to be adopted by the 23 9 information technology council that are related to IowAccess. 23 10 (6) Advocate for access to government information and 23 11 services through IowAccess and for data privacy protection, 23 12 information ethics, accuracy, and security in IowAccess 23 13 programs and services. 23 14 (7) Receive status and operations reports associated with 23 15 IowAccess. 23 16 (8) Other duties as assigned by the director or the 23 17 information technology council. 23 18 b. The board shall also advise the governor and the 23 19 director with respect to the operation of IowAccess and 23 20 encourage and implementing access to government and its public 23 21 records by the citizens of this state. 23 22 c. The board shall serve as a link between the users of 23 23 public records, the lawful custodians of such public records, 23 24 and the citizens of this state who are the owners of such 23 25 public records. 23 26 d. The board shall ensure that IowAccess gives priority to 23 27 serving the needs of the citizens of this state. 23 28 3. MEMBERSHIP. 23 29 a. The board shall be composed of nineteen members 23 30 including the following: 23 31 (1) Five persons appointed by the governor representing 23 32 the primary customers of IowAccess. 23 33 (2) Six persons representing lawful custodians as follows: 23 34 (a) One person representing the legislative branch, who 23 35 shall not be a legislator, to be appointed jointly by the 24 1 president of the senate, after consultation with the majority 24 2 and minority leaders of the senate, and the speaker of the 24 3 house of representatives, after consultation with the majority 24 4 and minority leaders of the house of representatives. 24 5 (b) One person representing the judicial branch as 24 6 designated by the chief justice of the supreme court. 24 7 (c) One person representing the executive branch as 24 8 designated by the governor. 24 9 (d) One person to be appointed by the governor 24 10 representing cities who shall be actively engaged in the 24 11 administration of a city. 24 12 (e) One person to be appointed by the governor 24 13 representing counties who shall be actively engaged in the 24 14 administration of a county. 24 15 (f) One person to be appointed by the governor 24 16 representing the federal government. 24 17 (3) Four members to be appointed by the governor 24 18 representing a cross section of the citizens of the state. 24 19 (4) Four members of the general assembly, two from the 24 20 senate and two from the house of representatives, with not 24 21 more than one member from each chamber being from the same 24 22 political party. The two senators shall be designated by the 24 23 president of the senate after consultation with the majority 24 24 and minority leaders of the senate, and with the approval of 24 25 the majority party appointee by the majority leader and the 24 26 approval of the minority party appointee by the minority 24 27 leader. The two representatives shall be designated by the 24 28 speaker of the house of representatives after consultation 24 29 with the majority and minority leaders of the house of 24 30 representatives, and with the approval of the majority party 24 31 appointee by the majority leader and the approval of the 24 32 minority party appointee by the minority leader. Legislative 24 33 members shall serve in an ex officio, nonvoting capacity. A 24 34 legislative member is eligible for per diem and expenses as 24 35 provided in section 2.10. 25 1 b. Members appointed by the governor are subject to 25 2 confirmation by the senate and shall serve three-year 25 3 staggered terms as designated by the governor. The governor 25 4 shall appoint a member as the chairperson of the board from 25 5 the voting members of the board, subject to confirmation by 25 6 the senate. Members appointed by the governor are subject to 25 7 the requirements of sections 69.16, 69.16A, and 69.19. 25 8 Members appointed by the governor shall be reimbursed for 25 9 actual and necessary expenses incurred in performance of their 25 10 duties. Such members may also be eligible to receive 25 11 compensation as provided in section 7E.6. 25 12 Sec. 16. NEW SECTION. 14B.301 INFORMATION TECHNOLOGY 25 13 COUNCIL CITIZEN SUBCOMMITTEE – DUTIES. 25 14 1. An information technology council citizen subcommittee 25 15 is established comprised of the five members of the 25 16 information technology council appointed pursuant to section 25 17 14B.104, subsection 1, paragraph "a", subparagraph (8). 25 18 Members of the citizen subcommittee shall not serve in any 25 19 manner or be employed by an authorized user of the network or 25 20 by an entity seeking to do or doing business with the network. 25 21 The governor shall appoint a member as the chairperson of the 25 22 citizen subcommittee from the five members appointed by the 25 23 governor, subject to confirmation by the senate. Members of 25 24 the citizen subcommittee shall be reimbursed for all actual 25 25 and necessary expenses incurred in the performance of duties 25 26 as members. Meetings of the citizen subcommittee shall be 25 27 held at the call of the chairperson of the citizen 25 28 subcommittee or by a majority of the members of the citizen 25 29 subcommittee. In addition to the members appointed by the 25 30 governor, the auditor of state or the auditor's designee shall 25 31 serve as a nonvoting, ex officio member of the citizen 25 32 subcommittee. 25 33 Beginning July 1, 2002, members of the citizen subcommittee 25 34 shall be paid a salary as determined by the general assembly. 25 35 It is the intent of the general assembly that the salary paid 26 1 to the members of the citizen subcommittee, beginning July 1, 26 2 2002, be commensurate with the salary which would have been 26 3 paid at that time to members of the Iowa telecommunications 26 4 and technology commission if such commission were to continue 26 5 to exist on and after July 1, 2002. 26 6 2. Beginning July 1, 2000, the citizen subcommittee shall 26 7 establish all rates to be charged for access to and for value- 26 8 added services performed through IowAccess. 26 9 3. On July 1, 2002, the citizen subcommittee shall do all 26 10 of the following: 26 11 a. Adopt rules pursuant to chapter 17A as deemed 26 12 appropriate and necessary, and directly related to the 26 13 implementation and administration of the duties of the citizen 26 14 subcommittee under this subchapter. 26 15 b. Establish an appeal process for review by the citizen 26 16 subcommittee of a scheduling conflict decision, including a 26 17 scheduling conflict involving an educational user, or the 26 18 establishment of a fee associated with the network upon the 26 19 request of a person affected by such decision or fee. An 26 20 appeal of a fee associated with the network shall be pursuant 26 21 to a contested case proceeding pursuant to chapter 17A. The 26 22 citizen subcommittee shall issue a written decision including 26 23 findings of fact and conclusions of law. A determination made 26 24 by the citizen subcommittee pursuant to this paragraph shall 26 25 be final. 26 26 c. Review and approve for adoption, rules as proposed and 26 27 submitted by an authorized user group necessary for the 26 28 authorized user group's access and use of the network. The 26 29 citizen subcommittee may refuse to approve and adopt a 26 30 proposed rule, and upon such refusal, shall return the 26 31 proposed rule to the respective authorized user group 26 32 proposing the rule with a statement indicating the citizen 26 33 subcommittee's reason for refusing to approve and adopt the 26 34 rule. 26 35 d. Establish mechanisms to encourage and receive citizen 27 1 input regarding the operation of the network and other issues 27 2 associated with the duties of the citizen subcommittee. 27 3 e. Make recommendations to the department to ensure that 27 4 rural communities have access to comparable services to the 27 5 services provided in urban areas resulting from any plans to 27 6 construct, install, repair, or maintain any part of the 27 7 network. 27 8 f. Annually prepare a written five-year financial plan for 27 9 the network which shall be provided to the information 27 10 technology council who shall deliver the plan to the general 27 11 assembly and the governor no later than January 15 of each 27 12 year. The plan shall include estimates for income and 27 13 expenses for the network for the five-year period and the 27 14 actual income and expenses for the preceding fiscal year. 27 15 g. (1) Evaluate existing and projected rates for use of 27 16 the system and ensure that rates are sufficient to pay for the 27 17 operation of the system, excluding the cost of construction 27 18 and lease costs for Parts I, II, and III. The citizen 27 19 subcommittee shall establish all hourly rates to be charged to 27 20 all authorized users for the use of the network. A fee 27 21 established by the citizen subcommittee to be charged to a 27 22 hospital licensed pursuant to chapter 135B, a physician 27 23 clinic, or the federal government shall be at an appropriate 27 24 rate so that, at a minimum, there is no state subsidy related 27 25 to the costs of the connection or use of the network related 27 26 to such user. 27 27 (2) It is the intent of the general assembly that the 27 28 guidelines and policies to be used by the citizen subcommittee 27 29 in establishing a rate-setting methodology for the network be 27 30 established by law by no later than July 1, 2002. 27 31 h. Make recommendations to the information technology 27 32 council and the department, as deemed appropriate by the 27 33 citizen subcommittee, concerning the operation of the network 27 34 and other issues as deemed appropriate by the citizen 27 35 subcommittee, or as requested by the information technology 28 1 council or the department. 28 2 Sec. 17. NEW SECTION. 14B.302 NETWORK RATES – APPEAL 28 3 PROCESS. 28 4 1. A rate or fee established by the citizen subcommittee 28 5 pursuant to section 14B.301, subsection 3, paragraph "g", 28 6 shall be subject to appeal by any person adversely affected 28 7 with respect to such rate or fee. 28 8 2. A person who intends to appeal a rate or fee pursuant 28 9 to this section shall file a written notice of appeal with the 28 10 utilities board, with the written decision of the citizen 28 11 subcommittee attached, within thirty days of the final action 28 12 of the citizen subcommittee establishing the rate or fee which 28 13 is the subject of the appeal. The utilities board, upon 28 14 receipt of the notice of appeal, shall forward a copy of such 28 15 notice to the citizen subcommittee. The utilities board shall 28 16 set times for transmittal of the record, filing of exceptions 28 17 and briefs, and, with the consent of the utilities board, oral 28 18 arguments. The utilities board shall notify the parties of 28 19 such deadlines. The utilities board shall issue a final 28 20 ruling on the appeal within ninety days of receipt of the 28 21 notice of appeal. The utilities board, in conducting such 28 22 appeal, shall hear the case on the evidentiary record made in 28 23 a contested case proceeding, and not de novo. The utilities 28 24 board shall review only the cost analysis and justifications 28 25 for the rates or fees appealed, and make its ruling solely on 28 26 whether the rates or fees have been established consistent 28 27 with applicable law and the rules adopted for establishing 28 28 such rates or fees. The utilities board shall either uphold 28 29 the action of the citizen subcommittee with respect to such 28 30 rate or fee, or direct the rate or fee back to the citizen 28 31 subcommittee for further consideration. 28 32 3. The utilities board, by rule, shall establish a review 28 33 procedure for the hearing of such appeals. 28 34 Sec. 18. Section 8D.2, Code 1999, is amended to read as 28 35 follows: 29 1 8D.2 DEFINITIONS. 29 2 When used in thischaptersubchapter, unless the context 29 3 otherwise requires: 29 4 1. "Citizen subcommittee" means the information technology 29 5 council citizen subcommittee appointed by the governor 29 6 pursuant to section 14B.104. 29 71.2. "Commission" means the Iowa telecommunications and 29 8 technology commission established in section 8D.3. 29 92. "Director" means the executive director appointed29 10pursuant to section 8D.4.29 11 3. "Network" means the Iowa or state communications 29 12 network. 29 13 4. "Private agency" means an accredited nonpublic school, 29 14 a nonprofit institution of higher education eligible for 29 15 tuition grants, or a hospital licensed pursuant to chapter 29 16 135B or a physician clinic to the extent provided in section 29 17 8D.13, subsection 16. 29 18 5. "Public agency" means a state agency, an institution 29 19 under the control of the board of regents, the judicial branch 29 20 as provided in section 8D.13, subsection 17, a school 29 21 corporation, a city library, a regional library as provided in 29 22 chapter 256, a county library as provided in chapter 336, or a 29 23 judicial district department of correctional services 29 24 established in section 905.2, to the extent provided in 29 25 section 8D.13, subsection 15, an agency of the federal 29 26 government, or a United States post office which receives a 29 27 federal grant for pilot and demonstration projects. 29 28 6. "State communications" refers to the transmission of 29 29 voice, data, video, the written word or other visual signals 29 30 by electronic means but does not include radio and television 29 31 facilities and other educational telecommunications systems 29 32 and services including narrowcast and broadcast systems under 29 33 the public broadcasting division of the department of 29 34 education, department of transportation distributed data 29 35 processing and mobile radio network, or law enforcement 30 1 communications systems. 30 2 Sec. 19. Section 8D.3, subsections 1 and 3, Code 30 3 Supplement 1999, are amended to read as follows: 30 4 1. COMMISSION ESTABLISHED. A telecommunications and 30 5 technology commission is establishedwith the sole authority30 6to supervise the management, development, and operation of the30 7network and ensure that all components of the network are30 8technically compatibleto establish policies and rates and to 30 9 resolve disputes as provided in this subchapter.The30 10commission shall ensure that the network operates in an30 11efficient and responsible manner consistent with the30 12provisions of this chapter for the purpose of providing the30 13best economic service attainable to the network users30 14consistent with the state's financial capacity.The 30 15 commission and the director shall ensure that educational 30 16 users and the use, design, and implementation for educational 30 17 applications be given the highest priority concerning use of 30 18 the network.The commission shall provide for the30 19centralized, coordinated use and control of the network.30 20 Effective July 1, 2002, the telecommunications and technology 30 21 commission established in this section shall be disbanded and 30 22 the powers and duties of the commission under this section 30 23 shall be transferred to the information technology council 30 24 citizen subcommittee established under section 14B.301. 30 25 3. DUTIES. The commission shall do all of the following: 30 26a. Enter into agreements pursuant to chapter 28E as30 27necessary and appropriate for the purposes of the commission.30 28However, the commission shall not enter into an agreement with30 29an unauthorized user or any other person pursuant to chapter30 3028E for the purpose of providing such user or person access to30 31the network.30 32b.a. Adopt rules pursuant to chapter 17A as deemed 30 33 appropriate and necessary, and directly related to the 30 34 implementation and administration of the duties of the 30 35 commission under this subchapter.The commission, in31 1consultation with the department of general services, shall31 2also adopt and provide for standard communications procedures31 3and policies relating to the use of the network which31 4recognize, at a minimum, the need for reliable communications31 5services.31 6c.b. Establish an appeal process for review by the 31 7 commission of a scheduling conflict decision, including a 31 8 scheduling conflict involving an educational user, or the 31 9 establishment of a fee associated with the network upon the 31 10 request of a person affected by such decision or fee. A 31 11 determination made by the commission pursuant to this 31 12 paragraph shall be final. 31 13d.c. Review and approve for adoption, rules as proposed 31 14 and submitted by an authorized user group necessary for the 31 15 authorized user group's access and use of the network. The 31 16 commission may refuse to approve and adopt a proposed rule, 31 17 and upon such refusal, shall return the proposed rule to the 31 18 respective authorized user group proposing the rule with a 31 19 statement indicating the commission's reason for refusing to 31 20 approve and adopt the rule. 31 21e. (1) Develop and issue for response all requests for31 22proposals for any construction, installation, repair,31 23maintenance, or equipment and parts necessary for the network.31 24In preparing the request for proposals, the commission shall31 25do all of the following:31 26(a) Review existing requests for proposals related to the31 27network.31 28(b) Consider and evaluate all competing technologies which31 29could be used in any construction, installation, repair, or31 30maintenance project.31 31(c) Allow flexibility for proposals to be submitted in31 32response to a request for proposals issued by the commission31 33such that any qualified provider may submit a bid on a site-31 34by-site basis, or on a merged area or defined geographic area31 35basis, or both, and by permitting proposals to be submitted32 1for use of competing or alternative technologies in each32 2defined area.32 3(d) Ensure that rural communities have access to32 4comparable services to the services provided in urban areas32 5resulting from any plans to construct, install, repair, or32 6maintain any part of the network.32 7(2) In determining which proposal to recommend to the32 8general assembly to accept, consider what is in the long-term32 9best interests of the citizens of the state and the network,32 10and utilize, if possible, the provision of services with32 11existing service providers consistent with those best32 12interests. In determining what is in the long-term best32 13interests of the citizens of the state and the network, the32 14commission, at a minimum, shall consider the cost to taxpayers32 15of the state.32 16(3) Deliver a written report and all proposals submitted32 17in response to the request for proposals for Part III to the32 18general assembly no later than January 1, 1995. The32 19commission shall not enter into any agreement related to such32 20proposals without prior authorization by a constitutional32 21majority of each house of the general assembly and approval by32 22the governor.32 23f.d. Annually prepare a written five-year financial plan 32 24 for the network which shall be provided to the information 32 25 technology council which shall deliver the plan to the general 32 26 assembly and the governor no later than January 15 of each 32 27 year. The plan shall include estimates for income and 32 28 expenses for the network for the five-year period and the 32 29 actual income and expenses for the preceding fiscal year.The32 30plan shall include the amount of general fund appropriations32 31to be requested for the payment of operating expenses and debt32 32service. The plan shall also include any recommendations of32 33the commission related to changes in the system and other32 34items as deemed appropriate by the commission. The32 35recommendations of the commission contained in the plan shall33 1include a detailed plan for the connection of all public33 2schools to the network, including a discussion and evaluation33 3of all potential financing options, an estimate of all costs33 4incurred in providing such connections, and a schedule for33 5completing such connections, including the anticipated final33 6completion date for such connections.33 7g. Review existing maintenance contracts and past33 8contracts to determine vendor capability to perform the33 9obligations under such contracts. The commission shall report33 10to the general assembly prior to January 1 of each year as to33 11the performance of all vendors under each contract and shall33 12make recommendations concerning continued funding for the33 13contracts.33 14h. Pursue available opportunities to cooperate and33 15coordinate with the federal government for the use and33 16potential expansion of the network and for the financing of33 17any such expansion.33 18i.e. Evaluate existing and projected rates for use of the 33 19 system and ensure that rates are sufficient to pay for the 33 20 operation of the system excluding the cost of construction and 33 21 lease costs for Parts I, II, and III. The commission shall 33 22 establish all hourly rates to be charged to all authorized 33 23 users for the use of the network. A fee established by the 33 24 commission to be charged to a hospital licensed pursuant to 33 25 chapter 135B, a physician clinic, or the federal government 33 26 shall be at an appropriate rate so that, at a minimum, there 33 27 is no state subsidy related to the costs of the connection or 33 28 use of the network related to such user. 33 29j.f. Make recommendations to thegeneral assembly33 30 director and the information technology council, as deemed 33 31 appropriate by the commission, concerning the operation of the 33 32 network. 33 33k. Provide necessary telecommunications cabling to provide33 34state communications.33 35 Sec. 20. NEW SECTION. 8D.3A DEPARTMENT DUTIES. 34 1 For the purposes of this subchapter, the department shall 34 2 do all of the following: 34 3 1. Supervise the management, development, and operation of 34 4 the network and ensure that all components of the network are 34 5 technically compatible consistent with the standards 34 6 established by the information technology council pursuant to 34 7 section 14B.104. 34 8 2. Provide for the centralized, coordinated use and 34 9 control of the network. 34 10 3. Enter into agreements pursuant to chapter 28E as 34 11 necessary and appropriate for the purposes of the department. 34 12 However, the department shall not enter into an agreement with 34 13 an unauthorized user or any other person pursuant to chapter 34 14 28E for the purpose of providing such user or person access to 34 15 the network. 34 16 4. a. Develop and issue for response all requests for 34 17 proposals for any construction, installation, repair, 34 18 maintenance, or equipment and parts necessary for the network. 34 19 In preparing the request for proposals, the department shall 34 20 do all of the following: 34 21 (1) Review existing requests for proposals related to the 34 22 network. 34 23 (2) Consider and evaluate all competing technologies which 34 24 could be used in any construction, installation, repair, or 34 25 maintenance project. 34 26 (3) Allow flexibility for proposals to be submitted in 34 27 response to a request for proposals issued by the department 34 28 such that any qualified provider may submit a bid on a site- 34 29 by-site basis, or on a merged area or defined geographic area 34 30 basis, or both, and by permitting proposals to be submitted 34 31 for use of competing or alternative technologies in each 34 32 defined area. 34 33 (4) Ensure that rural communities have access to 34 34 comparable services to the services provided in urban areas 34 35 resulting from any plans to construct, install, repair, or 35 1 maintain any part of the network. 35 2 b. In determining which proposal to recommend to the 35 3 general assembly to accept, consider what is in the long-term 35 4 best interests of the citizens of the state and the network, 35 5 and utilize, if possible, the provision of services with 35 6 existing service providers consistent with those best 35 7 interests. In determining what is in the long-term best 35 8 interests of the citizens of the state and the network, the 35 9 department, at a minimum, shall consider the cost to taxpayers 35 10 of the state. 35 11 c. Deliver a written report and all proposals submitted in 35 12 response to the request for proposals for Part III to the 35 13 general assembly no later than January 1, 1995. The 35 14 department shall not enter into any agreement related to such 35 15 proposals without prior authorization by a constitutional 35 16 majority of each house of the general assembly and approval by 35 17 the governor. 35 18 5. Annually provide to the general assembly the amount of 35 19 general fund appropriations to be requested for the payment of 35 20 operating expenses and debt service. The department shall 35 21 also provide to the general assembly any recommendations 35 22 related to changes in the system and other items as deemed 35 23 appropriate by the department. The recommendations of the 35 24 department shall include a detailed plan for the connection of 35 25 all public schools to the network, including a discussion and 35 26 evaluation of all potential financing options, an estimate of 35 27 all costs incurred in providing such connections, and a 35 28 schedule for completing such connections, including the 35 29 anticipated final completion date for such connections. 35 30 6. Review existing maintenance contracts and past 35 31 contracts to determine vendor capability to perform the 35 32 obligations under such contracts. The department shall report 35 33 to the general assembly prior to January 1 of each year as to 35 34 the performance of all vendors under each contract and shall 35 35 make recommendations concerning continued funding for the 36 1 contracts. 36 2 7. Pursue available opportunities to cooperate and 36 3 coordinate with the federal government for the use and 36 4 potential expansion of the network and for the financing of 36 5 any such expansion. 36 6 8. Provide necessary telecommunications cabling to provide 36 7 state communications. 36 8 Sec. 21. NEW SECTION. 8D.3B INFORMATION TECHNOLOGY 36 9 COUNCIL DUTIES. 36 10 For purposes of this subchapter, the information technology 36 11 council shall do all of the following: 36 12 1. Ensure that the network operates in an efficient and 36 13 responsible manner consistent with the provisions of this 36 14 division for the purpose of providing the best economic 36 15 service attainable to the network users consistent with the 36 16 state's financial capacity. 36 17 2. In consultation with the department of general 36 18 services, adopt and provide for standard communications 36 19 procedures and policies relating to the use of the network 36 20 which recognize, at a minimum, the need for reliable 36 21 communications services. 36 22 Sec. 22. Section 8D.5, subsection 1, Code 1999, is amended 36 23 to read as follows: 36 24 1. An education telecommunications council is established. 36 25 The council consists of eighteen members and shall include the 36 26 following: two persons appointed by the state board of 36 27 regents; two persons appointed by the Iowa association of 36 28 community college trustees; two persons appointed by the area 36 29 education agency boards; two persons appointed by the Iowa 36 30 association of school boards; two persons appointed by the 36 31 school administrators of Iowa; two persons appointed by the 36 32 Iowa association of independent colleges and universities; two 36 33 persons appointed by the Iowa state education association; 36 34 three persons appointed by the director of the department of 36 35 education including one person representing libraries and one 37 1 person representing the Iowa association of nonpublic school 37 2 administrators; and one person appointed by the administrator 37 3 of the public broadcasting division of the department of 37 4 education. The council shall establish scheduling and site 37 5 usage policies for educational users of the network, 37 6 coordinate the activities of the regional telecommunications 37 7 councils, and develop proposed rules and changes to rules for 37 8 recommendation to the commission, the department, and the 37 9 information technology council, as appropriate. The council 37 10 shall also recommend long-range plans for enhancements needed 37 11 for educational applications. Administrative support and 37 12 staffing for the council shall be provided by the department 37 13 of education. 37 14 Sec. 23. Section 8D.6, Code 1999, is amended to read as 37 15 follows: 37 16 8D.6 ADVISORY GROUPS ESTABLISHED. 37 17 1. The commission shall establish an advisory group to 37 18 examine the use of the network for telemedicine applications. 37 19 The advisory group shall consist of representatives of 37 20 hospitals and other health care facilities as determined by 37 21 the commission. The advisory group shall provide advice to 37 22 the commission, the department, and the information technology 37 23 council. 37 24 2. The commission may establish other advisory committees 37 25 as necessary representing authorized users of the network. An 37 26 advisory committee established by the commission shall provide 37 27 advice to the commission, the department, and the information 37 28 technology council. 37 29 Sec. 24. Section 8D.7, Code 1999, is amended to read as 37 30 follows: 37 31 8D.7 TELECOMMUNICATIONS ADVISORY COMMITTEE. 37 32 A telecommunications advisory committee is established to 37 33 advise the commission, the department, and the information 37 34 technology council on telecommunications matters. The 37 35 commission shall appoint five members to the advisory 38 1 committee who shall represent specific telecommunications 38 2 industries or persons with technical expertise related to the 38 3 network. 38 4 Sec. 25. Section 8D.10, Code 1999, is amended to read as 38 5 follows: 38 6 8D.10 REPORT OF SAVINGS BY STATE AGENCIES. 38 7 A state agency which is a part of the network shall 38 8 annually provide a written report to the general assembly and 38 9 the information technology council certifying the identified 38 10 savings associated with the state agency's use of the network. 38 11 The report shall be delivered on or before January 15 for the 38 12 previous fiscal year of the state agency. 38 13 Sec. 26. Section 8D.11, Code 1999, is amended to read as 38 14 follows: 38 15 8D.11 POWERS – FACILITIES – LEASES. 38 16 1. Thecommissiondepartment may purchase, lease, and 38 17 improve property, equipment, and services for 38 18 telecommunications for public and private agencies and may 38 19 dispose of property and equipment when not necessary for its 38 20 purposes. However, for purposes of this subchapter, the 38 21commissiondepartment shall not enter into a contract for the 38 22 purchase, lease, or improvement of property, equipment, or 38 23 services for telecommunications pursuant to this subsection in 38 24 an amount greater than one million dollars without prior 38 25 authorization by a constitutional majority of each house of 38 26 the general assembly, or approval by the legislative council 38 27 if the general assembly is not in session. Thecommission38 28 department shall not issue any bonding or other long-term 38 29 financing arrangements as defined in section 12.30, subsection 38 30 1, paragraph "b". Real or personal property to be purchased 38 31 by thecommissiondepartment through the use of a financing 38 32 agreement shall be done in accordance with the provisions of 38 33 section 12.28, provided, however, that thecommission38 34 department shall not purchase property, equipment, or services 38 35 for telecommunications pursuant to this subsection in an 39 1 amount greater than one million dollars without prior 39 2 authorization by a constitutional majority of each house of 39 3 the general assembly, or approval by the legislative council 39 4 if the general assembly is not in session. 39 5 2. Thecommissiondepartment also shall not provide or 39 6 resell communications services to entities other than public 39 7 and private agencies. The public or private agency shall not 39 8 provide communication services of the network to another 39 9 entity unless otherwise authorized pursuant to this chapter. 39 10 Thecommissiondepartment may arrange for joint use of 39 11 available services and facilities, and may enter into leases 39 12 and agreements with private and public agencies with respect 39 13 to the Iowa communications network, and public agencies are 39 14 authorized to enter into leases and agreements with respect to 39 15 the network for their use and operation. Rentals and other 39 16 amounts due under the agreements or leases entered into 39 17 pursuant to this section by a state agency are payable from 39 18 funds annually appropriated by the general assembly or from 39 19 other funds legally available. Other public agencies may pay 39 20 the rental costs and other amounts due under an agreement or 39 21 lease from their annual budgeted funds or other funds legally 39 22 available or to become available. 39 23 3. This section comprises a complete and independent 39 24 authorization and procedure for a public agency, with the 39 25 approval of thecommissiondepartment, to enter into a lease 39 26 or agreement and this section is not a qualification of any 39 27 other powers which a public agency may possess and the 39 28 authorizations and powers granted under this section are not 39 29 subject to the terms, requirements, or limitations of any 39 30 other provisions of law, except that thecommissiondepartment 39 31 must comply with the provisions of section 12.28 when entering 39 32 into financing agreements for the purchase of real or personal 39 33 property. All moneys received by thecommissiondepartment 39 34 from agreements and leases entered into pursuant to this 39 35 section with private and public agencies shall be deposited in 40 1 the Iowa communications network fund. 40 2 4. A political subdivision receiving communications 40 3 services from the state as of April 1, 1986, may continue to 40 4 do so but communications services shall not be provided or 40 5 resold to additional political subdivisions other than a 40 6 school corporation, a city library, a regional library as 40 7 provided in chapter 256, and a county library as provided in 40 8 chapter 336. The rates charged to the political subdivision 40 9 shall be the same as the rates charged to state agencies. 40 10 Sec. 27. Section 8D.12, Code 1999, is amended to read as 40 11 follows: 40 12 8D.12 DISPOSITION OF NETWORK – APPROVAL OF GENERAL 40 13 ASSEMBLY AND GOVERNOR. 40 14 Notwithstanding any provision to the contrary, the 40 15commissioninformation technology department or the department 40 16 of general services shall not sell, lease, or otherwise 40 17 dispose of the network without prior authorization by a 40 18 constitutional majority of each house of the general assembly 40 19 and approval by the governor. 40 20 Sec. 28. Section 8D.13, subsections 1, 3, 4, 7, 8, 9, 10, 40 21 13, and 18, Code Supplement 1999, are amended to read as 40 22 follows: 40 23 1. Moneys in the Iowa communications network fund are 40 24 appropriated to theIowa telecommunications and technology40 25commissiondepartment for purposes of providing financing for 40 26 the procurement, operation, and maintenance of the Iowa 40 27 communications network with sufficient capacity to serve the 40 28 video, data, and voice requirements of the educational 40 29 telecommunications system consisting of Part I, Part II, and 40 30 Part III, and other public and private agencies. 40 31 3. The financing for the procurement costs for the 40 32 entirety of Part I except for the communications connections 40 33 between central switching and institutions under the control 40 34 of the board of regents, and nonprofit institutions of higher 40 35 education eligible for tuition grants, and for the video, 41 1 data, and voice capacity for state agencies and for Part II 41 2 and Part III, shall be provided by the state. The financing 41 3 for the procurement and maintenance costs for Part III shall 41 4 be provided by the state. A local school board, governing 41 5 authority of a nonpublic school, or an area education agency 41 6 board may elect to provide one hundred percent of the 41 7 financing for the procurement and maintenance costs for Part 41 8 III to become part of the network. The basis for the amount 41 9 of state financing is one hundred percent of a single 41 10 interactive audio and interactive video connection for Part 41 11 III, and such data and voice capacity as is necessary. If a 41 12 school board, governing authority of a nonpublic school, or 41 13 area education agency board elects to provide one hundred 41 14 percent of the financing for the leasing costs for Part III, 41 15 the school district or area education agency may become part 41 16 of the network as soon as the network can reasonably connect 41 17 the district or agency. A local school board, governing 41 18 authority of a nonpublic school, or an area education agency 41 19 board may also elect not to become part of the network. 41 20 Construction of Part III, related to a school board, governing 41 21 authority of a nonpublic school, or area education agency 41 22 board which provides one hundred percent of the financing for 41 23 the leasing costs for Part III, may proceed as determined by 41 24 thecommissioninformation technology council and consistent 41 25 with the purpose of this chapter. 41 26 4. Thecommissiondepartment shall develop the requests 41 27 for proposals that are needed for the Iowa communications 41 28 network with sufficient capacity to serve the video, data, and 41 29 voice requirements of state agencies and for educational 41 30 telecommunications applications. Thecommissiondepartment 41 31 shall develop a request for proposals for each of the systems 41 32 that will make up the network. Thecommissiondepartment may 41 33 develop a request for proposals for each definitive component 41 34 of the network or thecommissiondepartment may provide in the 41 35 request for proposals for each such system that separate 42 1 contracts may be entered into for each definitive component 42 2 covered by the request for proposals. The requests for 42 3 proposals may be for the purchase, lease-purchase, or lease of 42 4 the component parts of the network consistent with the 42 5 provisions of thischaptersubchapter, may require maintenance 42 6 costs to be identified, and the resulting contract may provide 42 7 for maintenance for parts of the network. The master contract 42 8 may provide for electronic classrooms, satellite equipment, 42 9 receiving equipment, studio and production equipment, and 42 10 other associated equipment as required. 42 11 7. Thecommission shall bedepartment is responsible for 42 12 the network design and shall be responsible for the 42 13 implementation of each component of the network as it is 42 14 incorporated into the network. The final design selected 42 15 shall optimize the routing for all users in order to assure 42 16 maximum utilization by all agencies of the state. 42 17 Efficiencies achieved in the implementation of the network 42 18 shall be used to fund further implementation and enhancement 42 19 of the network, and shall be considered part of the 42 20 operational cost of the network. Thecommission shall be42 21 department is responsible for all management, operations, 42 22 control switching, diagnostics, and maintenance functions of 42 23 network operations as provided in thischaptersubchapter. 42 24 The performance of these duties is intended to provide optimal 42 25 utilization of the facilities, and the assurance that future 42 26 growth requirements will be provided for, and that sufficient 42 27 network capacity will be available to meet the needs of all 42 28 users. 42 29 8. The education telecommunications council shall review 42 30 all requests for grants for educational telecommunications 42 31 applications, if they are a part of the Iowa communications 42 32 network, to ensure that the educational telecommunications 42 33 application is consistent with the telecommunications plan. 42 34 All other grant requests shall be reviewed as determined by 42 35 thecommissioninformation technology council. If the 43 1 education telecommunications council finds that a grant 43 2 request is inconsistent with the telecommunications plan, the 43 3 grant request shall not be allowed. 43 4 9. The procurement and maintenance of electronic equipment 43 5 including, but not limited to, master receiver antenna 43 6 systems, studio and production equipment, and broadcast system 43 7 components shall be provided for under thecommission's43 8 department's contracts. The Iowa public broadcasting board 43 9 and other educational entities within the state have the 43 10 option to use their existing or replacement resources and 43 11 agreements in the operation and maintenance of these systems. 43 12 10. In addition to the other evaluation criteria specified 43 13 in the request for proposals issued pursuant to this section, 43 14 thecommissiondepartment, in evaluating proposals, shall base 43 15 up to two percent of the total possible points on the public 43 16 benefit that can be derived from a given proposal due to the 43 17 increased private telecommunications capacity available to 43 18 Iowa citizens located in rural Iowa. For purposes of this 43 19 subsection, an area of the state is considered rural if it is 43 20 not part of a federally designated standard metropolitan 43 21 statistical area. 43 22 13. The auditor of state shall, no less than annually, 43 23 examine the financial condition and transactions of the 43 24commissionnetwork as provided in chapter 11. A copy of the 43 25 auditor's report concerning such examination shall be provided 43 26 to the general assembly. 43 27 18. Notwithstanding chapter 476, the provisions of chapter 43 28 476 shall not apply to a public utility in furnishing a 43 29 telecommunications service or facility to thecommission43 30 department for the Iowa communications network or to any 43 31 authorized user of the Iowa communications network for such 43 32 authorized user's connection to the network. 43 33 Sec. 29. Section 8D.14, Code 1999, is amended to read as 43 34 follows: 43 35 8D.14 IOWA COMMUNICATIONS NETWORK FUND. 44 1 There is created in the office of the treasurer of state a 44 2 fund to be known as the Iowa communications network fund under 44 3 the control of theIowa telecommunications and technology44 4commissiondepartment. There shall be deposited into the Iowa 44 5 communications network fund proceeds from bonds issued for 44 6 purposes of projects authorized pursuant to section 8D.13, 44 7 funds received from leases pursuant to section 8D.11, and 44 8 other moneys by law credited to or designated by a person for 44 9 deposit into the fund. 44 10 Sec. 30. Section 18.3, subsection 1, unnumbered paragraph 44 11 1, Code 1999, is amended to read as follows: 44 12 Establishing and developing, in co-operation with the 44 13 various state agencies, a system of uniform standards and 44 14 specifications for purchasing. When the system is developed, 44 15 all items of general use shall be purchased through the 44 16 department, except information technology, as defined in 44 17 section 14B.101, and procured by the information technology 44 18 department, and except items used by the state department of 44 19 transportation, institutions under the control of the board of 44 20 regents, the department for the blind, and any other agencies 44 21 exempted by law. 44 22 Sec. 31. Section 18.183, subsections 1 and 2, Code 44 23 Supplement 1999, are amended to read as follows: 44 24 1. The government agency that is the lawful custodian of a 44 25 public record shall be responsible for determining whether a 44 26 record is required by state statute to be confidential. The 44 27 transmission of a record by a government agency by use of 44 28 electronic means established, maintained, or managed by the 44 29division of information technology servicesdepartment shall 44 30 not constitute a transfer of the legal custody of the record 44 31 from the individual government agency to thedivision of44 32information technology servicesdepartment or to any other 44 33 person or entity. 44 34 2. Thedivision of information technology services44 35 department shall not have authority to determine whether an 45 1 individual government agency should automate records of which 45 2 the individual government agency is the lawful custodian. 45 3 However, thedivisiondepartment may encourage governmental 45 4 agencies to implement electronic access to government records. 45 5 Sec. 32. Section 18.184, Code 1999, is amended to read as 45 6 follows: 45 7 18.184 FINANCIAL TRANSACTIONS. 45 8 1. Thedivision of information technology services45 9 department shall collect moneys paid to participating 45 10 governmental entities from persons who complete an electronic 45 11 financial transaction with the governmental entity by 45 12 accessingtheIowAccessnetwork. The moneys may include all 45 13 of the following: 45 14 a. Fees required to obtain an electronic public record as 45 15 provided in section 22.3A. 45 16 b. Fees required to process an application or file a 45 17 document, including but not limited to fees required to obtain 45 18 a license issued by a licensing authority. 45 19 c. Moneys owed to a governmental entity by a person 45 20 accessingtheIowAccessnetworkin order to satisfy a 45 21 liability arising from the operation of law, including the 45 22 payment of assessments, taxes, fines, and civil penalties. 45 23 2. Moneys transferred usingtheIowAccessnetworkmay 45 24 include amounts owed by a governmental entity to a person 45 25 accessingtheIowAccessnetworkin order to satisfy a 45 26 liability of the governmental entity. The moneys may include 45 27 the payment of tax refunds, and the disbursement of support 45 28 payments as defined in section 252D.16 or 598.1 as required 45 29 for orders issued pursuant to section 252B.14. 45 30 3. Thedivision of information technology services45 31 department shall serve as the agent of the governmental entity 45 32 in collecting moneys for receipt by governmental entities. 45 33 The moneys shall be transferred to governmental entities 45 34 directly or to the treasurer of state for disbursement to 45 35 governmental entities as required by the treasurer of state in 46 1 cooperation with the auditor of state. 46 2 4. In addition to other forms of payment, credit cards 46 3 shall be accepted in payment for moneys owed to a governmental 46 4 entity as provided in this section, according to rules which 46 5 shall be adopted by the treasurer of state. The fees to be 46 6 charged shall not exceed those permitted by statute. A 46 7 governmental entity may adjust its fees to reflect the cost of 46 8 processing as determined by the treasurer of state. The 46 9 discount charged by the credit card issuer may be included in 46 10 determining the fees to be paid for completing a financial 46 11 transaction under this section by using a credit card. 46 12 Sec. 33. Section 18.185, Code 1999, is amended to read as 46 13 follows: 46 14 18.185 AUDITS REQUIRED. 46 15 A technology audit of the electronic transmission system by 46 16 which government records are transmitted electronically to the 46 17 public shall be conducted not less than once annually for the 46 18 purpose of determining that government records and other 46 19 electronic data are not misappropriated or misused by the 46 20division of information technology servicesdepartment or a 46 21 contractor of thedivisiondepartment. A financial audit 46 22 shall be conducted not less than once annually to determine 46 23 the financial condition of thedivision of information46 24technology servicesdepartment and to make other relevant 46 25 inquiries. 46 26 Sec. 34. Section 18.187, Code Supplement 1999, is amended 46 27 to read as follows: 46 28 18.187 IOWACCESS REVOLVING FUND. 46 29 An IowAccess revolving fund is created in the state 46 30 treasury under the control of the department. The revolving 46 31 fundshall be administered by the division andshall consist 46 32 of moneys collected by thedivisiondepartment as fees, moneys 46 33 appropriated by the general assembly, and any other moneys 46 34 obtained or accepted by thedivisiondepartment for deposit in 46 35 the revolving fund. The proceeds of the revolving fund are 47 1 appropriated to and shall be used by thedivisiondepartment 47 2 to maintain, develop, operate, and expandtheIowAccess 47 3networkconsistent with thischaptersubchapter. Thedivision47 4 department shall submit an annual report not later than 47 5 January 31, to the members of the general assembly and the 47 6 legislative fiscal bureau, of the activities funded by and 47 7 expenditures made from the revolving fund during the preceding 47 8 fiscal year. Section 8.33 does not apply to any moneys in the 47 9 revolving fund and, notwithstanding section 12C.7, subsection 47 10 2, earnings or interest on moneys deposited in the revolving 47 11 fund shall be credited to the revolving fund. 47 12 Sec. 35. INFORMATION TECHNOLOGY COUNCIL TEMPORARY EX 47 13 OFFICIO MEMBER. Notwithstanding section 14B.104, as enacted 47 14 in this Act, one member of the Iowa telecommunications and 47 15 technology commission established in section 8D.3 shall serve 47 16 as the twentieth member and as an ex officio, nonvoting member 47 17 of the information technology council established in section 47 18 14B.104 through June 30, 2002. 47 19 Sec. 36. INITIAL APPOINTMENTS – IOWACCESS BOARD. The 47 20 initial appointments to the IowAccess board pursuant to 47 21 section 14B.201, subsection 3, paragraph "a", subparagraph 47 22 (1), as enacted in this Act, shall be as follows: 47 23 1. One person to be appointed by the governor representing 47 24 financial institutions who shall be actively engaged in 47 25 finance and banking. 47 26 2. One person to be appointed by the governor representing 47 27 insurers who shall be actively engaged in the insurance 47 28 industry. 47 29 3. One person to be appointed by the governor representing 47 30 the legal profession who shall be actively engaged in the 47 31 profession of law. 47 32 4. One person to be appointed by the governor representing 47 33 media interests. 47 34 5. One person to be appointed by the governor representing 47 35 real estate brokers and salespersons who shall be actively 48 1 engaged in the real estate business. 48 2 Sec. 37. TRANSFER OF FUNCTIONS AND EMPLOYEES. The 48 3 director of the information technology department and the 48 4 administrator of the public broadcasting division of the 48 5 department of education, in consultation with the director of 48 6 the department of education, shall make recommendations to the 48 7 general assembly by no later than January 12, 2001, concerning 48 8 the functions and full-time equivalent positions to be 48 9 transferred from the public broadcasting division to the 48 10 information technology department. 48 11 Sec. 38. RULES CONTINUED. Notwithstanding any contrary 48 12 provision, a rule adopted by the Iowa telecommunications and 48 13 technology commission pursuant to chapter 8D and effective on 48 14 July 1, 2000, with respect to any duty or responsibility of 48 15 the commission which is transferred to the citizen 48 16 subcommittee established pursuant to section 14B.301, shall be 48 17 deemed to be a rule of the citizen subcommittee and remain 48 18 effective until such time as the citizen subcommittee modifies 48 19 or repeals such rule, or until such time as the general 48 20 assembly nullifies such rule. 48 21 Sec. 39. RULES CONTINUED. Notwithstanding any contrary 48 22 provision, a rule adopted by the Iowa telecommunications and 48 23 technology commission pursuant to chapter 8D and effective on 48 24 July 1, 2002, shall be deemed to be a rule of the citizen 48 25 subcommittee established pursuant to section 14B.301 and 48 26 remain effective until such time as the citizen subcommittee 48 27 modifies or repeals such rule, or until such time as the 48 28 general assembly nullifies such rule. 48 29 Sec. 40. CONTRACTS CONTINUED. Notwithstanding any 48 30 contrary provision, a contract or agreement entered into by 48 31 the Iowa telecommunications and technology commission pursuant 48 32 to its authority under chapter 8D and in existence on July 1, 48 33 2002, shall remain effective for the term of such contract or 48 34 agreement. The citizen subcommittee established pursuant to 48 35 section 14B.301, for purposes of such contract or agreement, 49 1 shall be considered the commission's successor in interest and 49 2 shall have all the rights and responsibilities under such 49 3 contract or agreement as if the citizen subcommittee were the 49 4 commission, unless otherwise provided by law. 49 5 Sec. 41. DIRECTIONS TO CODE EDITOR. 49 6 1. The Code editor shall transfer the provisions of 49 7 chapter 8D to chapter 14B, as enacted in this Act, and codify 49 8 these sections as a separate subchapter in chapter 14B. 49 9 2. The Code editor shall transfer sections 18.183 through 49 10 18.187 to chapter 14B, as enacted in this Act, and codify 49 11 those sections as a separate subchapter in chapter 14B. 49 12 EXPLANATION 49 13 This bill establishes a new Code chapter 14B, which 49 14 establishes an information technology department. 49 15 Section 1 of the bill sets forth the findings of the 49 16 general assembly with respect to the information technology 49 17 resources of the state and the need to manage such resources. 49 18 Code section 7E.5 is amended to add the information 49 19 technology department to the list of principal central 49 20 departments of the executive branch. 49 21 New Code section 14B.101 sets forth the definitions of key 49 22 terms used in the Code chapter. 49 23 New Code section 14B.102 establishes the department and 49 24 sets forth the mission and the powers and duties of the 49 25 department. 49 26 New Code section 14B.103 provides for the appointment of 49 27 the director of the department and sets forth the powers and 49 28 the duties of the director. 49 29 New Code section 14B.104 establishes an information 49 30 technology council with the authority to oversee information 49 31 technology activities of participating agencies as provided in 49 32 the new Code chapter. The council is comprised of 19 members 49 33 and is charged with the proper administration of the 49 34 department. 49 35 New Code section 14B.105 sets forth the initial divisions 50 1 of the department, including a policy and planning division, 50 2 an operations division, a customer support division, and an 50 3 administration division. 50 4 New Code section 14B.106 establishes an office of 50 5 information technology innovation, which is responsible for 50 6 fostering research and development activities and innovation 50 7 in the application and use of information technology in state 50 8 government. 50 9 New Code section 14B.107 establishes an information 50 10 technology innovation advisory board and an information 50 11 technology innovation fund. 50 12 New Code section 14B.108 establishes an office of digital 50 13 government, which is responsible for initiating and supporting 50 14 the development of electronic commerce, electronic government, 50 15 and internet applications across participating agencies and in 50 16 cooperation with other governmental agencies. 50 17 New Code section 14B.109 establishes an information 50 18 technology management council, which is to promote policies 50 19 and practices that will foster the effective use and 50 20 management of governmental information technology resources. 50 21 New Code section 14B.110 provides that information 50 22 technology procurement and approval is vested in the 50 23 information technology department, subject to an interagency 50 24 agreement with the department of general services and that all 50 25 information technology for a participating agency shall 50 26 generally be procured through the information technology 50 27 department. The section sets forth the methods by which such 50 28 procurements may be made. 50 29 New Code section 14B.111 establishes an Iowa information 50 30 technology revolving fund to be administered by the 50 31 department. 50 32 New Code section 14B.112 sets forth the manner for the 50 33 procurement of information technology by governmental entities 50 34 having independent purchasing authority. 50 35 New Code section 14B.201 establishes an IowAccess board for 51 1 the purpose of creating and providing a service to the 51 2 citizens of this state that is the gateway for one-stop 51 3 electronic access to government information and transactions, 51 4 whether federal, state, or local. 51 5 New Code section 14B.301 establishes an information 51 6 technology council citizen subcommittee and sets forth the 51 7 duties of the citizen subcommittee. 51 8 New Code section 14B.302 establishes an appeal process for 51 9 a rate or fee associated with the Iowa communications network 51 10 established by the citizen subcommittee. 51 11 The bill amends provisions of Code chapter 8D to conform to 51 12 the creation of the new Code chapter and the transfer of the 51 13 administration and supervision of the Iowa communications 51 14 network to the new department. The bill sunsets the Iowa 51 15 telecommunications and technology commission as of July 1, 51 16 2002. The bill provides that the duties of the commission are 51 17 transferred to the information technology council citizen 51 18 subcommittee. 51 19 The bill amends provisions of Code chapter 18 relating to 51 20 IowAccess to conform to the creation of the department and the 51 21 transfer of the administration of IowAccess to the department. 51 22 The bill provides for certain transitional matters relating 51 23 to the initial appointments to the IowAccess board, the 51 24 continuation of rules, the continuation of contracts, and the 51 25 transfer of existing Code sections to the new Code chapter 51 26 14B. 51 27 LSB 5502XS 78 51 28 mj/cf/24
Text: SF02263 Text: SF02265 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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