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PAG LIN
1 1 SENATE FILE 2395
1 2
1 3 AN ACT
1 4 RELATING TO THE CREATION OF AN INFORMATION TECHNOLOGY DEPARTMENT
1 5 AND MAKING RELATED CHANGES AND PROVIDING AN EFFECTIVE DATE.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. LEGISLATIVE FINDINGS. The general assembly
1 10 finds and declares all of the following:
1 11 1. Information technology resources in state government
1 12 are valuable strategic assets belonging to the citizens of
1 13 Iowa and must be managed accordingly.
1 14 2. State agencies independently acquire duplicative
1 15 information technologies that would be more appropriately
1 16 coordinated for maximum cost-effectiveness, maximized service,
1 17 and efficiency.
1 18 3. Considerations of both cost and the need for the
1 19 transfer of information among the various agencies and
1 20 branches of state government in the most timely and useful
1 21 form possible require uniform standards and coordinated
1 22 systems for the use of information technologies.
1 23 4. The appropriate use of information technology by the
1 24 state can improve operational productivity, reduce the cost of
1 25 government, enhance service to the citizens of Iowa, and make
1 26 government more accessible to the public.
1 27 5. The use of information technology to provide government
1 28 services directly to citizens can be a cost-effective method
1 29 of delivering such services.
1 30 6. Planning, protection, and direction for information
1 31 technology resources must be enacted to accomplish all of the
1 32 following:
1 33 a. Ensure the effective application of information
1 34 technology on state business operations.
1 35 b. Ensure the quality, security, and integrity of state
2 1 business operations.
2 2 c. Enhance privacy to the citizens of the state.
2 3 7. Standards for information technology must be developed
2 4 and implemented to ensure the appropriate acquisition of
2 5 information technology and to effectively manage the state's
2 6 information technology resources.
2 7 8. The state must provide information technology
2 8 infrastructure coordination, technical directions, and a
2 9 proficient organizational management structure to facilitate
2 10 the productive application of information technology and
2 11 resources to accomplish the missions and goals of state
2 12 government.
2 13 9. Oversight of large-scale systems or projects is
2 14 necessary to protect the state's investment and to ensure
2 15 appropriate integration with existing or planned systems.
2 16 10. Appropriate public-private partnerships to supplement
2 17 existing resources must be developed as a strategy for the
2 18 state to comprehensively meet its information technology
2 19 needs.
2 20 11. Establishment of an information technology department
2 21 is necessary to achieve the goals identified in this section,
2 22 to effectively plan for, develop, and manage information
2 23 technology and related resources, and to assure that the needs
2 24 of the citizens of this state, as well as the state's needs,
2 25 are met.
2 26 Sec. 2. NEW SECTION. 14B.101 DEFINITIONS.
2 27 As used in this chapter, unless the context otherwise
2 28 requires:
2 29 1. "Agency" means a unit of state government, which is an
2 30 authority, board, commission, committee, council, department,
2 31 examining board, or independent agency as defined in section
2 32 7E.4, including but not limited to each principal central
2 33 department enumerated in section 7E.5. However, "agency" does
2 34 not mean any of the following:
2 35 a. The office of the governor or the office of an elective
3 1 constitutional or statutory officer.
3 2 b. The general assembly, or any office or unit under its
3 3 administrative authority.
3 4 c. The judicial branch, as provided in section 602.1102.
3 5 d. A political subdivision of the state or its offices or
3 6 units, including but not limited to a county, city, or
3 7 community college.
3 8 2. "Director" means the director of the information
3 9 technology department appointed as provided in section
3 10 14B.103.
3 11 3. "Governmental entity" means any unit of government in
3 12 the executive, legislative, or judicial branches of
3 13 government; an agency or political subdivision; any unit of
3 14 another state government, including its political
3 15 subdivisions; and any unit of the United States government.
3 16 4. "Information technology" means computing and
3 17 electronics applications used to process and distribute
3 18 information in digital and other forms and includes
3 19 information technology devices and information technology
3 20 services.
3 21 5. "Information technology council" means the information
3 22 technology council established in section 14B.104.
3 23 6. "Information technology device" means equipment or
3 24 associated software, including programs, languages,
3 25 procedures, or associated documentation, used in operating the
3 26 equipment which is designed for utilizing information stored
3 27 in an electronic format. "Information technology device"
3 28 includes but is not limited to computer systems, computer
3 29 networks, and equipment used for input, output, processing,
3 30 storage, display, scanning, and printing.
3 31 7. "Information technology services" means services
3 32 designed to do any of the following:
3 33 a. Provide functions, maintenance, and support of
3 34 information technology devices.
3 35 b. Provide services including, but not limited to, any of
4 1 the following:
4 2 (1) Computer systems application development and
4 3 maintenance.
4 4 (2) Systems integration and interoperability.
4 5 (3) Operating systems maintenance and design.
4 6 (4) Computer systems programming.
4 7 (5) Computer systems software support.
4 8 (6) Planning and security relating to information
4 9 technology devices.
4 10 (7) Data management consultation.
4 11 (8) Information technology education and consulting.
4 12 (9) Information technology planning and standards.
4 13 (10) Establishment of local area network and workstation
4 14 management standards.
4 15 8. "Participating agency" means any agency other than any
4 16 of the following:
4 17 a. The state board of regents and institutions operated
4 18 under the authority of the state board of regents.
4 19 b. The public broadcasting division of the department of
4 20 education.
4 21 c. The state department of transportation mobile radio
4 22 network.
4 23 d. The department of public safety law enforcement
4 24 communications systems.
4 25 e. The Iowa telecommunications and technology commission
4 26 established in section 8D.3, with respect to information
4 27 technology that is unique to the Iowa communications network.
4 28 9. "Public records" means the same as defined in section
4 29 22.1.
4 30 10. "Value-added services" means government information
4 31 which requires special sorts or formatting, or other action to
4 32 provide such information, or to provide access to government
4 33 information which is responsive to special requests for
4 34 multiple government records in customized formats.
4 35 Sec. 3. NEW SECTION. 14B.102 DEPARTMENT ESTABLISHED –
5 1 MISSION – POWERS AND DUTIES.
5 2 1. DEPARTMENT ESTABLISHED. The information technology
5 3 department is established as a state department. The mission
5 4 of the department is to foster the development and application
5 5 of information technology to improve the lives of Iowans.
5 6 2. POWERS AND DUTIES OF DEPARTMENT. The powers and duties
5 7 of the department shall include, but are not limited to, all
5 8 of the following:
5 9 a. Providing information technology to participating
5 10 agencies and other governmental entities as provided in this
5 11 chapter.
5 12 b. Implementing the strategic information technology plan
5 13 as prepared and updated by the information technology council.
5 14 c. Developing and implementing a business continuity plan,
5 15 as the director determines is appropriate, to be used if a
5 16 disruption occurs in the provision of information technology
5 17 to participating agencies and other governmental entities.
5 18 d. Developing and implementing recommended standards for
5 19 information technology, including but not limited to system
5 20 design and systems integration and interoperability, which
5 21 when implemented shall apply to all participating agencies
5 22 except as otherwise provided in this chapter. The department
5 23 shall implement information technology standards as
5 24 established pursuant to this chapter which are applicable to
5 25 information technology procurements for participating
5 26 agencies.
5 27 e. Recommending and implementing standards for an
5 28 electronic repository for maintaining mandated agency reports
5 29 as provided in section 304.13A. Such repository shall be
5 30 developed and maintained for the purpose of providing public
5 31 access to such mandated reports. The department shall develop
5 32 such standards in consultation with the state librarian.
5 33 f. Developing and maintaining security policies and
5 34 systems to ensure the integrity of the state's information
5 35 resources and to prevent the disclosure of confidential
6 1 records.
6 2 g. Developing and implementing effective and efficient
6 3 strategies for the use and provision of information technology
6 4 for participating agencies and other governmental entities.
6 5 h. Coordinating the acquisition of information technology
6 6 by participating agencies in furtherance of the purposes of
6 7 this chapter. The information technology department shall
6 8 review a request for information technology submitted by a
6 9 participating agency for purposes of determining whether such
6 10 request meets the applicable standards established pursuant to
6 11 this chapter. Upon a determination that the request meets
6 12 such standards, the information technology shall be procured
6 13 for the participating agency by the department of general
6 14 services. Nothing in this chapter shall be construed to
6 15 prohibit or limit a participating agency from entering into an
6 16 agreement or contract for information technology with a
6 17 qualified private entity.
6 18 i. Entering into agreements pursuant to chapter 28D or
6 19 28E, or memorandums of understanding or other agreements as
6 20 necessary and appropriate to administer this chapter.
6 21 j. Establishing and maintaining, in cooperation with the
6 22 department of revenue and finance and the department of
6 23 general services, an inventory of information technology
6 24 devices used by participating agencies and other governmental
6 25 entities using the information technology department's
6 26 services. The information technology department may request a
6 27 participating agency to provide such information as is
6 28 necessary to establish and maintain an inventory as required
6 29 under this paragraph, and such participating agency shall
6 30 provide such information to the department in a timely manner.
6 31 3. SERVICE CHARGES. The department shall render a
6 32 statement to a participating agency or other governmental
6 33 entity for a reasonable and necessary amount for information
6 34 technology provided by the department to such agency or
6 35 entity. An amount indicated on a statement rendered to a
7 1 participating agency or other governmental entity shall be
7 2 paid by such agency or entity in a manner determined by the
7 3 department of revenue and finance. Amounts charged and paid
7 4 pursuant to this subsection shall be deposited in the general
7 5 fund of the state. It is the intent of the general assembly
7 6 that the general assembly make amounts collected pursuant to
7 7 this subsection available to the department for the
7 8 department's operational expenses. Such amounts shall not be
7 9 available to the department except pursuant to enactment by
7 10 the general assembly which is signed by the governor.
7 11 4. DISPUTE RESOLUTION. If a dispute arises between the
7 12 department or information technology council and an agency for
7 13 which the department provides or refuses to provide
7 14 information technology, the dispute shall be resolved as
7 15 provided in section 679A.19.
7 16 Sec. 4. NEW SECTION. 14B.103 DIRECTOR – POWERS AND
7 17 DUTIES.
7 18 1. DIRECTOR APPOINTED. The chief administrative officer
7 19 of the department is the director. The director shall be
7 20 appointed by the governor, subject to confirmation by the
7 21 senate. The director shall serve at the pleasure of the
7 22 governor. The governor shall set the salary of the director
7 23 within the applicable salary range established by the general
7 24 assembly. The director shall be selected on the ability to
7 25 administer the duties and functions granted to the director
7 26 and the department and shall devote full time to the duties of
7 27 the director. If the office of director becomes vacant, the
7 28 vacancy shall be filled in the same manner as the original
7 29 appointment was made.
7 30 The director shall also serve as the chief information
7 31 officer for the state.
7 32 2. POWER AND DUTIES. The director of the department shall
7 33 do all of the following:
7 34 a. Plan, direct, coordinate, and execute the functions
7 35 necessary to carry out the duties of the department.
8 1 b. Provide overall supervision, direction, and
8 2 coordination of functions of the department.
8 3 c. Employ personnel as necessary to carry out the
8 4 functions vested in the department consistent with chapter 19A
8 5 and enhance the recruitment, retention, and training of
8 6 professional staff.
8 7 d. Supervise and manage employees of the department, and
8 8 provide for the internal organization of the department and
8 9 for the allocation of functions within the department
8 10 consistent with section 7E.2.
8 11 e. Recommend to the information technology council an
8 12 annual budget for the department.
8 13 f. Recommend to the information technology council rules
8 14 deemed necessary for the implementation of this chapter and
8 15 proper administration of the department.
8 16 g. Recommend to the information technology council
8 17 information technology standards.
8 18 h. Develop and implement operational policies of the
8 19 department and be responsible for the day-to-day operations of
8 20 the department.
8 21 i. Develop and recommend to the information technology
8 22 council legislative proposals deemed necessary for the
8 23 continued efficiency of department functions, and review
8 24 legislative proposals generated outside of the department
8 25 which are related to matters within the department's purview.
8 26 j. Provide advice to the governor on issues related to
8 27 information technology.
8 28 k. Consult with agencies and other governmental entities
8 29 on issues relating to information technology.
8 30 l. Work with all governmental entities in an effort to
8 31 achieve the information technology goals established by the
8 32 information technology council.
8 33 3. DELEGATION OF POWERS AND DUTIES. Powers and duties
8 34 vested in the director may be delegated by the director to an
8 35 employee of the department, but the director retains the
9 1 responsibility for an employee's acts within the scope of the
9 2 delegation.
9 3 4. APPEAL OF DIRECTOR'S DECISION. A decision by the
9 4 director may be appealed to the information technology
9 5 council. A person aggrieved by such decision of the director
9 6 shall provide notice of such appeal to the information
9 7 technology council within thirty calendar days of the decision
9 8 of the director. An appeal of a decision of the director
9 9 shall be treated as a contested case under chapter 17A.
9 10 Sec. 5. NEW SECTION. 14B.104 INFORMATION TECHNOLOGY
9 11 COUNCIL – MEMBERS – POWERS AND DUTIES.
9 12 1. MEMBERSHIP.
9 13 a. An information technology council is established with
9 14 the authority to oversee the department and information
9 15 technology activities of participating agencies as provided in
9 16 this chapter. The information technology council is composed
9 17 of seventeen members including the following:
9 18 (1) The director of the information technology department.
9 19 (2) The administrator of the public broadcasting division
9 20 of the department of education.
9 21 (3) The chairperson of the IowAccess advisory council
9 22 established in section 14B.201, or the chairperson's designee.
9 23 (4) The state technology advisor in the department of
9 24 economic development.
9 25 (5) The executive director of the Iowa communications
9 26 network, or the executive director's designee.
9 27 (6) Two executive branch department heads appointed by the
9 28 governor.
9 29 (7) Five persons appointed by the governor who are
9 30 knowledgeable in information technology matters.
9 31 (8) One person representing the judicial branch appointed
9 32 by the chief justice of the supreme court who shall serve in
9 33 an ex officio, nonvoting capacity.
9 34 (9) Four members of the general assembly with not more
9 35 than one member from each chamber being from the same
10 1 political party. The two senators shall be designated by the
10 2 president of the senate after consultation with the majority
10 3 and minority leaders of the senate. The two representatives
10 4 shall be designated by the speaker of the house of
10 5 representatives after consultation with the majority and
10 6 minority leaders of the house of representatives. Legislative
10 7 members shall serve in an ex officio, nonvoting capacity. A
10 8 legislative member is eligible for per diem and expenses as
10 9 provided in section 2.10.
10 10 b. The members appointed by the governor pursuant to
10 11 paragraph "a", subparagraphs (3) through (7), shall serve
10 12 four-year staggered terms as designated by the governor and
10 13 such appointments to the information technology council are
10 14 subject to the requirements of sections 69.16, 69.16A, and
10 15 69.19. Members appointed by the governor pursuant to
10 16 paragraph "a", subparagraphs (3) through (7), shall not serve
10 17 consecutive four-year terms. Members appointed by the
10 18 governor are subject to senate confirmation and shall be
10 19 reimbursed for actual and necessary expenses incurred in
10 20 performance of their duties. Such members may also be
10 21 eligible to receive compensation as provided in section 7E.6.
10 22 The information technology council shall annually elect its
10 23 own chairperson from among the voting members of the council
10 24 other than the director of the information technology
10 25 department.
10 26 2. DUTIES. The information technology council shall do
10 27 all of the following:
10 28 a. Adopt rules in accordance with chapter 17A which are
10 29 necessary for the exercise of the powers and duties granted by
10 30 this chapter and the proper administration of the department.
10 31 b. Develop recommended standards for consideration with
10 32 respect to the procurement of information technology by all
10 33 participating agencies.
10 34 c. Appoint advisory committees as appropriate to assist
10 35 the information technology council in developing strategies
11 1 for the use and provision of information technology and
11 2 establishing other advisory committees as necessary to assist
11 3 the information technology council in carrying out its duties
11 4 under this chapter. The number of advisory committees and
11 5 their membership shall be determined by the information
11 6 technology council to assure that the public and agencies and
11 7 other governmental entities have an opportunity to comment on
11 8 the services provided and the service goals and objectives of
11 9 the department.
11 10 d. Prepare and annually update a strategic information
11 11 technology plan for the use of information technology
11 12 throughout state government. The plan shall promote
11 13 participation in cooperative projects with other governmental
11 14 entities. The plan shall establish a mission, goals, and
11 15 objectives for the use of information technology, including
11 16 goals for electronic access to public records, information,
11 17 and services. The plan shall be submitted annually to the
11 18 governor and the general assembly.
11 19 e. Review and recommend to the general assembly, as deemed
11 20 appropriate by the information technology council, legislative
11 21 proposals recommended by the director, or other legislative
11 22 proposals as developed and deemed necessary by the information
11 23 technology council.
11 24 f. Review the recommendations of the IowAccess advisory
11 25 council regarding rates to be charged for access to and for
11 26 value-added services performed through IowAccess, and make
11 27 recommendations to the general assembly regarding such rates.
11 28 A rate shall not be approved or charged unless approved by act
11 29 of the general assembly.
11 30 g. Review and approve, as deemed appropriate by the
11 31 information technology council, the annual budget
11 32 recommendation for the department as proposed by the director.
11 33 3. WAIVER. The information technology council, upon the
11 34 written request of a participating agency and for good cause
11 35 shown, may grant a waiver from a requirement otherwise
12 1 applicable to a participating agency relating to an
12 2 information technology standard established by the information
12 3 technology council.
12 4 4. FINAL AGENCY ACTION. A decision by the council is a
12 5 final agency action as provided under chapter 17A and an
12 6 appeal of the decision shall be made directly to the district
12 7 court. Any party to a contested case may appeal the decision
12 8 to the district court.
12 9 Sec. 6. NEW SECTION. 14B.105 DIVISIONS OF THE DEPARTMENT
12 10 – RESPONSIBILITIES.
12 11 1. a. The department shall include the following
12 12 divisions:
12 13 (1) A policy and planning division which is responsible
12 14 for the integration of information technology into all
12 15 business aspects of state government. The division shall
12 16 cooperate with the customer liaison division to coordinate the
12 17 activities of both divisions in promoting, integrating, and
12 18 supporting information technology in all business aspects of
12 19 state government.
12 20 (2) An operations division which is responsible for
12 21 providing all of the following:
12 22 (a) Server systems, including mainframe and other server
12 23 operations.
12 24 (b) Desktop support.
12 25 (c) Applications integration.
12 26 (3) A customer liaison division which is responsible for
12 27 support and promotion of departmental services and information
12 28 technology, and for providing applications development,
12 29 support, and training, and advice and assistance in developing
12 30 and supporting business applications throughout state
12 31 government. The division shall cooperate with the policy and
12 32 planning division to coordinate the activities of both
12 33 divisions in promoting, integrating, and supporting
12 34 information technology in all business aspects of state
12 35 government.
13 1 (4) An administration division which is responsible for
13 2 the financial, personnel, and other administrative functions
13 3 of the department. The administration division is also
13 4 responsible for all information technology purchasing and
13 5 contract administration for the information technology
13 6 department.
13 7 b. Each division established under paragraph "a" shall be
13 8 headed by an administrator appointed by the governor subject
13 9 to confirmation by the senate. An administrator appointed
13 10 pursuant to this paragraph shall serve at the pleasure of the
13 11 governor, except that an administrator shall not serve for a
13 12 term greater than three years unless reappointed by the
13 13 governor. An administrator shall report to the director
13 14 regarding the day-to-day operations of the division headed by
13 15 the administrator, and the performance of the administrator's
13 16 duties. The term shall begin and end in the same manner as
13 17 set forth in section 69.19. A vacancy shall be filled for the
13 18 unexpired portion of the term in the same manner as a full-
13 19 term appointment is made. An administrator may hire other
13 20 assistants and employees as necessary to carry out the duties
13 21 of the division.
13 22 2. Notwithstanding subsection 1, the department shall also
13 23 include the following subunits:
13 24 a. A digital government bureau as provided for in section
13 25 14B.106.
13 26 b. An IowAccess advisory council as provided for in
13 27 section 14B.201.
13 28 Sec. 7. NEW SECTION. 14B.106 DIGITAL GOVERNMENT BUREAU.
13 29 1. A digital government bureau is established within the
13 30 department which shall be headed by an administrator appointed
13 31 by the governor subject to confirmation by the senate. The
13 32 administrator shall serve a three-year term. The term shall
13 33 begin and end in the same manner as set forth in section
13 34 69.19. A vacancy shall be filled for the unexpired portion of
13 35 the term in the same manner as a full-term appointment is
14 1 made. The administrator shall report to the director
14 2 regarding the day-to-day operations of the bureau and the
14 3 performance of the administrator's duties. The administrator
14 4 may hire other assistants and employees as necessary to carry
14 5 out the bureau's duties.
14 6 2. The bureau is responsible for initiating and supporting
14 7 the development of electronic commerce, electronic government,
14 8 and internet applications across participating agencies and in
14 9 cooperation with other governmental entities.
14 10 3. The bureau shall do all of the following:
14 11 a. Recommend standards to the information technology
14 12 council, consistent with other state law, for the
14 13 implementation of electronic commerce, including standards for
14 14 digital signatures, electronic currency, and other items
14 15 associated with electronic commerce.
14 16 b. Recommend guidelines to the information technology
14 17 council for the appearance and functioning of applications.
14 18 c. Recommend standards to the information technology
14 19 council for the integration of electronic data across state
14 20 agencies.
14 21 d. Foster joint development of electronic commerce and
14 22 electronic government involving the public and private
14 23 sectors.
14 24 e. Develop customer surveys and citizen outreach and
14 25 education programs and material, and provide for citizen input
14 26 regarding the state's electronic commerce and electronic
14 27 government applications.
14 28 f. Provide staff support for the IowAccess advisory
14 29 council.
14 30 Sec. 8. NEW SECTION. 14B.107 INFORMATION TECHNOLOGY
14 31 STANDARDS.
14 32 The information technology council shall develop
14 33 recommended standards for consideration with respect to the
14 34 procurement of information technology by all participating
14 35 agencies. It is the intent of the general assembly that
15 1 information technology standards be established for the
15 2 purpose of guiding such procurements. Such standards, unless
15 3 waived by the council, shall apply to all information
15 4 technology procurements for participating agencies.
15 5 The office of the governor or the office of an elective
15 6 constitutional or statutory officer shall consult with the
15 7 department prior to procuring information technology and
15 8 consider the standards recommended by the council, and provide
15 9 a written report to the department relating to the office's
15 10 decision regarding such acquisitions.
15 11 Sec. 9. NEW SECTION. 14B.108 PROCUREMENT OF INFORMATION
15 12 TECHNOLOGY.
15 13 1. Notwithstanding the provisions of this section, the
15 14 information technology department and the department of
15 15 general services shall enter into an interagency agreement
15 16 regarding the division of responsibilities between the
15 17 departments associated with the procurement of information
15 18 technology which is acceptable to both departments. The
15 19 interagency agreement shall be subject to renegotiation at
15 20 least every two years, unless an earlier time is provided for
15 21 in the interagency agreement. If the departments are unable
15 22 to agree on the terms of an interagency agreement or upon a
15 23 failure of either department to satisfy the terms of the
15 24 agreement, the departments shall inform the department of
15 25 management that an agreement has not been reached or that one
15 26 of the departments has failed to satisfy the terms of the
15 27 agreement. The department of management, upon receipt and
15 28 review of such information, may direct the information
15 29 technology department to proceed with the procurement of
15 30 information technology as provided in subsections 2 through 5.
15 31 2. a. Standards established by the council, unless waived
15 32 pursuant to section 14B.104, shall apply to all information
15 33 technology procurements for participating agencies.
15 34 b. A participating agency shall submit a request to the
15 35 department for the procurement of any information technology.
16 1 The department, prior to any acquisition of such information
16 2 technology, shall make a determination whether the requested
16 3 information technology complies with the information
16 4 technology standards established by the information technology
16 5 council.
16 6 The information technology department, at the request of a
16 7 participating agency other than a participating agency that is
16 8 granted independent procurement authority, shall acquire the
16 9 information technology for the participating agency requesting
16 10 such information technology if it is determined to be
16 11 compliant with the standards established by the information
16 12 technology council.
16 13 A participating agency that is granted independent
16 14 procurement authority, upon a determination by the information
16 15 technology department that a proposed information technology
16 16 acquisition complies with the information technology standards
16 17 established by the information technology council, may proceed
16 18 with such acquisition. The information technology department
16 19 shall provide advice to such participating agency regarding
16 20 the procurement of such information technology, including any
16 21 opportunity to aggregate such purchases with other
16 22 participating agencies.
16 23 c. If a determination is made that the information
16 24 technology does not comply with such standards, the department
16 25 shall disapprove the request and such information technology
16 26 shall not be procured unless a waiver is granted pursuant to
16 27 section 14B.104.
16 28 3. The information technology department, by rule, may
16 29 implement a prequalification procedure for contractors which
16 30 the department has entered or intends to enter into agreements
16 31 regarding the procurement of information technology.
16 32 4. Notwithstanding the provisions of chapter 18, the
16 33 department may procure information technology as provided in
16 34 this section. The department may cooperate with other
16 35 governmental entities in the procurement of information
17 1 technology in an effort to make such procurements in a cost-
17 2 effective, efficient manner as provided in this section. The
17 3 department, as deemed appropriate and cost-effective, may
17 4 procure information technology using any of the following
17 5 methods:
17 6 a. Cooperative procurement agreement. The department may
17 7 enter into a cooperative procurement agreement with another
17 8 governmental entity for the purpose of pooling funds for the
17 9 purchase of information technology, whether such information
17 10 technology is for the use of the department or multiple
17 11 governmental entities. The cooperative procurement agreement
17 12 shall clearly specify the purpose of the agreement and the
17 13 method by which such purpose will be accomplished. Any power
17 14 exercised under such agreement shall not exceed the power
17 15 granted to any party to the agreement.
17 16 b. Negotiated contract. The department may enter into an
17 17 agreement for the purchase of information technology if any of
17 18 the following applies:
17 19 (1) The contract price, terms, and conditions are pursuant
17 20 to the current federal supply contract, and the purchase order
17 21 adequately identifies the federal supply contract under which
17 22 the procurement is to be made.
17 23 (2) The contract price, terms, and conditions are no less
17 24 favorable than the contractor's current federal supply
17 25 contract price, terms, and conditions; the contractor has
17 26 indicated in writing a willingness to extend such price,
17 27 terms, and conditions to the department; and the purchase
17 28 order adequately identifies the contract relied upon.
17 29 (3) The contract is with a vendor which has a current
17 30 exclusive or nonexclusive price agreement with the state for
17 31 the information technology to be procured, and such
17 32 information technology meets the same standards and
17 33 specifications as the items to be procured and both of the
17 34 following apply:
17 35 (a) The quantity purchased does not exceed the quantity
18 1 which may be purchased under the applicable price agreement.
18 2 (b) The purchase order adequately identifies the price
18 3 agreement relied upon.
18 4 c. Contracts let by another government entity. The
18 5 department, on its own behalf or on the behalf of another
18 6 participating agency, may procure information technology under
18 7 a contract let by another state agency or political
18 8 subdivision of this state, or approve such procurement in the
18 9 same manner by a participating agency.
18 10 d. Reverse auction.
18 11 (1) The department may enter into an agreement for the
18 12 purchase of information technology utilizing a reverse auction
18 13 process. Such process shall result in the purchase of
18 14 information technology from the vendor submitting the lowest
18 15 responsible bid amount for the information technology to be
18 16 acquired. The department, in establishing a reverse auction
18 17 process shall do all of the following:
18 18 (a) Determine the specifications and requirements of the
18 19 information technology to be acquired.
18 20 (b) Identify and provide notice to potential vendors
18 21 concerning the proposed acquisition.
18 22 (c) Establish prequalification requirements to be met by a
18 23 vendor to be eligible to participate in the reverse auction.
18 24 (d) Conduct the reverse auction in a manner as deemed
18 25 appropriate by the department, and consistent with rules
18 26 adopted by the department.
18 27 (2) Prior to conducting a reverse auction, the department
18 28 shall establish a threshold amount which shall be the maximum
18 29 amount which the department is willing to pay for the
18 30 information technology to be acquired.
18 31 (3) The department shall enter into an agreement with a
18 32 vendor who is the lowest responsible bidder which meets the
18 33 specifications or description of the information technology to
18 34 be procured, or the department may reject all bids and begin
18 35 the process again. In determining the lowest responsible
19 1 bidder, the department may consider various factors,
19 2 including, but not limited to, the past performance of the
19 3 vendor relative to quality of product or service, the past
19 4 experience of the department in relation to the product or
19 5 service, the relative quality of products or services, the
19 6 proposed terms of delivery, and the best interest of the
19 7 state.
19 8 e. Competitive bidding. The department may enter into an
19 9 agreement for the purchase of information technology in the
19 10 same manner as provided under section 18.6, with respect to
19 11 the department of general services.
19 12 f. In addition to the competitive bidding procedure
19 13 provided for under paragraph "e", the information technology
19 14 department may enter into an agreement for the purchase,
19 15 disposal, or other disposition of information technology in
19 16 any other manner provided under chapter 18, in the same manner
19 17 and subject to the same limitations as the department of
19 18 general services. The information technology department, by
19 19 rule, shall provide for such procedures.
19 20 5. The department shall adopt rules pursuant to chapter
19 21 17A to implement the procurement methods provided for in
19 22 subsections 2 through 4.
19 23 Sec. 10. NEW SECTION. 14B.201 IOWACCESS ADVISORY COUNCIL
19 24 ESTABLISHED – DUTIES – MEMBERSHIP.
19 25 1. ADVISORY COUNCIL ESTABLISHED. An IowAccess advisory
19 26 council is established within the department for the purpose
19 27 of creating and providing a service to the citizens of this
19 28 state that is the gateway for one-stop electronic access to
19 29 government information and transactions, whether federal,
19 30 state, or local. Except as provided in this section,
19 31 IowAccess shall be a state funded service providing access to
19 32 government information and transactions. The information
19 33 technology council, in establishing the fees for value-added
19 34 services, shall consider the reasonable cost of creating and
19 35 organizing such government information through IowAccess.
20 1 This section shall not be construed to impair the right of
20 2 a person to contract to purchase information or data from the
20 3 Iowa court information system or any other governmental
20 4 entity. This section shall not be construed to affect a data
20 5 purchase agreement or contract in existence on the effective
20 6 date of this section.
20 7 2. DUTIES.
20 8 a. The advisory council shall do all of the following:
20 9 (1) Recommend to the information technology council rates
20 10 to be charged for access to and for value-added services
20 11 performed through IowAccess.
20 12 (2) Recommend to the director and the information
20 13 technology council the priority of projects associated with
20 14 IowAccess.
20 15 (3) Recommend to the director and the information
20 16 technology council expected outcomes and effects of the use of
20 17 IowAccess and determine the manner in which such outcomes are
20 18 to be measured and evaluated.
20 19 (4) Review and recommend to the director and the
20 20 information technology council the IowAccess total budget
20 21 request and ensure that such request reflects the priorities
20 22 and goals of IowAccess as established by the advisory council.
20 23 (5) Review and recommend to the director and the
20 24 information technology council all rules to be adopted by the
20 25 information technology council that are related to IowAccess.
20 26 (6) Advocate for access to government information and
20 27 services through IowAccess and for data privacy protection,
20 28 information ethics, accuracy, and security in IowAccess
20 29 programs and services.
20 30 (7) Receive status and operations reports associated with
20 31 IowAccess.
20 32 (8) Other duties as assigned by the information technology
20 33 council or the director.
20 34 b. The advisory council shall also advise the information
20 35 technology council and the director with respect to the
21 1 operation of IowAccess and encourage and implementing access
21 2 to government and its public records by the citizens of this
21 3 state.
21 4 c. The advisory council shall serve as a link between the
21 5 users of public records, the lawful custodians of such public
21 6 records, and the citizens of this state who are the owners of
21 7 such public records.
21 8 d. The advisory council shall ensure that IowAccess gives
21 9 priority to serving the needs of the citizens of this state.
21 10 3. MEMBERSHIP.
21 11 a. The advisory council shall be composed of nineteen
21 12 members including the following:
21 13 (1) Five persons appointed by the governor representing
21 14 the primary customers of IowAccess.
21 15 (2) Six persons representing lawful custodians as follows:
21 16 (a) One person representing the legislative branch, who
21 17 shall not be a legislator, to be appointed jointly by the
21 18 president of the senate, after consultation with the majority
21 19 and minority leaders of the senate, and by the speaker of the
21 20 house of representatives, after consultation with the majority
21 21 and minority leaders of the house of representatives.
21 22 (b) One person representing the judicial branch as
21 23 designated by the chief justice of the supreme court.
21 24 (c) One person representing the executive branch as
21 25 designated by the governor.
21 26 (d) One person to be appointed by the governor
21 27 representing cities who shall be actively engaged in the
21 28 administration of a city.
21 29 (e) One person to be appointed by the governor
21 30 representing counties who shall be actively engaged in the
21 31 administration of a county.
21 32 (f) One person to be appointed by the governor
21 33 representing the federal government.
21 34 (3) Four members to be appointed by the governor
21 35 representing a cross section of the citizens of the state.
22 1 (4) Four members of the general assembly, two from the
22 2 senate and two from the house of representatives, with not
22 3 more than one member from each chamber being from the same
22 4 political party. The two senators shall be designated by the
22 5 president of the senate after consultation with the majority
22 6 and minority leaders of the senate. The two representatives
22 7 shall be designated by the speaker of the house of
22 8 representatives after consultation with the majority and
22 9 minority leaders of the house of representatives. Legislative
22 10 members shall serve in an ex officio, nonvoting capacity. A
22 11 legislative member is eligible for per diem and expenses as
22 12 provided in section 2.10.
22 13 b. Members appointed by the governor are subject to
22 14 confirmation by the senate and shall serve four-year staggered
22 15 terms as designated by the governor. The advisory council
22 16 shall annually elect its own chairperson from among the voting
22 17 members of the board. Members appointed by the governor are
22 18 subject to the requirements of sections 69.16, 69.16A, and
22 19 69.19. Members appointed by the governor shall be reimbursed
22 20 for actual and necessary expenses incurred in performance of
22 21 their duties. Such members may also be eligible to receive
22 22 compensation as provided in section 7E.6.
22 23 Sec. 11. Section 7E.5, subsection 1, Code 1999, is amended
22 24 by adding the following new paragraph:
22 25 NEW PARAGRAPH. x. The information technology department,
22 26 created in chapter 14B, which has primary responsibility for
22 27 the development and application of information technology in
22 28 state government.
22 29 Sec. 12. Section 8D.3, subsection 1, Code Supplement 1999,
22 30 is amended to read as follows:
22 31 1. COMMISSION ESTABLISHED. A telecommunications and
22 32 technology commission is established with the sole authority
22 33 to supervise the management, development, and operation of the
22 34 network and ensure that all components of the network are
22 35 technically compatible. The management, development, and
23 1 operation of the network shall not be subject to the
23 2 jurisdiction or control of any other state agency. However,
23 3 the commission is subject to the general operations practices
23 4 and procedures which are generally applicable to other state
23 5 agencies.
23 6 PARAGRAPH DIVIDED. The commission shall ensure that the
23 7 network operates in an efficient and responsible manner
23 8 consistent with the provisions of this chapter for the purpose
23 9 of providing the best economic service attainable to the
23 10 network users consistent with the state's financial capacity.
23 11 The commission shall ensure that educational users and the
23 12 use, design, and implementation for educational applications
23 13 be given the highest priority concerning use of the network.
23 14 The commission shall provide for the centralized, coordinated
23 15 use and control of the network.
23 16 Sec. 13. Section 11.5B, Code 1999, is amended by adding
23 17 the following new subsection:
23 18 NEW SUBSECTION. 14. Information technology department.
23 19 Sec. 14. Section 304.3, Code 1999, is amended by adding
23 20 the following new subsection:
23 21 NEW SUBSECTION. 9. The director of the information
23 22 technology department.
23 23 Sec. 15. Section 304.7, Code 1999, is amended by adding
23 24 the following new subsection:
23 25 NEW SUBSECTION. 1A. Public records policies for an
23 26 electronic repository for mandated agency reports.
23 27 Sec. 16. NEW SECTION. 304.13A ELECTRONIC RECORDS.
23 28 1. An agency required to compile and maintain a report, on
23 29 and after July 1, 2001, shall maintain such report in an
23 30 electronic form, giving consideration to the standards for
23 31 electronic records recommended by the information technology
23 32 department. Such agency, by itself, or with the assistance of
23 33 the information technology department, shall also make the
23 34 report accessible to the public through the internet as
23 35 provided in subsection 2 and through other electronic means.
24 1 2. A copy of all required agency reports shall be located
24 2 at an internet site maintained by the information technology
24 3 department in consultation with the state librarian, and all
24 4 required reports shall be placed on electronic media. The
24 5 state librarian shall provide for the distribution of such
24 6 copies to a public library in this state requesting such copy.
24 7 For purposes of this section, "public library" means a city
24 8 library, a regional library as provided in chapter 256, or a
24 9 county library as provided in chapter 336.
24 10 3. It is the intent of the general assembly that this
24 11 section be interpreted to reduce, to the greatest extent
24 12 possible, printed copies of agency reports while protecting
24 13 the public's right to have access to such reports. It is the
24 14 intent of the general assembly that the distribution of a
24 15 printed mandatory report be used only when it is the most
24 16 efficient and cost-effective method for providing public
24 17 access to such report. It is the intent of the general
24 18 assembly that agency reports subject to this section be made
24 19 available, to the greatest extent possible, to the public by
24 20 electronic means.
24 21 4. The commission, in consultation with the information
24 22 technology department, shall make recommendations to the
24 23 governor and the general assembly for the continued reduction
24 24 of printed reports throughout state government in a manner
24 25 that protects the public's right to access such reports.
24 26 Sec. 17. IOWA COMMUNICATIONS NETWORK STATUS. It is the
24 27 intent of the general assembly that the general assembly,
24 28 during the 2002 regular session, review the operations of the
24 29 Iowa communications network and the information technology
24 30 department for the purpose of determining whether the
24 31 oversight and administration of the network should be under
24 32 the authority of the department.
24 33 Sec. 18. INITIAL APPOINTMENTS – IOWACCESS ADVISORY
24 34 COUNCIL. The initial appointments to the IowAccess advisory
24 35 council pursuant to section 14B.201, subsection 3, paragraph
25 1 "a", subparagraph (1), as enacted in this Act, shall be as
25 2 follows:
25 3 1. One person to be appointed by the governor representing
25 4 financial institutions who shall be actively engaged in
25 5 finance and banking.
25 6 2. One person to be appointed by the governor representing
25 7 insurers who shall be actively engaged in the insurance
25 8 industry.
25 9 3. One person to be appointed by the governor representing
25 10 the legal profession who shall be actively engaged in the
25 11 profession of law.
25 12 4. One person to be appointed by the governor representing
25 13 media interests.
25 14 5. One person to be appointed by the governor representing
25 15 real estate brokers and salespersons who shall be actively
25 16 engaged in the real estate business.
25 17 Sec. 19. EFFECTIVE DATE. This Act, being deemed of
25 18 immediate importance, takes effect upon enactment.
25 19
25 20
25 21
25 22 MARY E. KRAMER
25 23 President of the Senate
25 24
25 25
25 26
25 27 BRENT SIEGRIST
25 28 Speaker of the House
25 29
25 30 I hereby certify that this bill originated in the Senate and
25 31 is known as Senate File 2395, Seventy-eighth General Assembly.
25 32
25 33
25 34
25 35 MICHAEL E. MARSHALL
26 1 Secretary of the Senate
26 2 Approved , 2000
26 3
26 4
26 5
26 6 THOMAS J. VILSACK
26 7 Governor
Text: SF02394 Text: SF02396 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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