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House File 719

Partial Bill History

Bill Text

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  1  1                                             HOUSE FILE 719
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO STATE GOVERNMENT TECHNOLOGY AND OPERATIONS, BY 
  1  5    MAKING AND RELATING TO APPROPRIATIONS TO THE IOWA 
  1  6    COMMUNICATIONS NETWORK FOR THE SUPPORT OF CERTAIN PART III
  1  7    USERS, MAKING APPROPRIATIONS TO VARIOUS ENTITIES FOR OTHER 
  1  8    TECHNOLOGY-RELATED PURPOSES, PROVIDING FOR THE PROCUREMENT OF
  1  9    INFORMATION TECHNOLOGY, AND PROVIDING AN EFFECTIVE DATE.  
  1 10 
  1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 12 
  1 13    Section 1.  TREASURER OF STATE.  There is appropriated from
  1 14 the general fund of the state to the treasurer of state for
  1 15 the fiscal year beginning July 1, 2001, and ending June 30,
  1 16 2002, the following amount, or so much thereof as is
  1 17 necessary, to be used for the purpose designated:
  1 18    For debt service:  
  1 19 .................................................. $ 11,405,000
  1 20    Funds appropriated in this section shall be deposited in a
  1 21 separate fund established in the office of the treasurer of
  1 22 state to be used solely for debt service for the Iowa
  1 23 communications network.  The Iowa telecommunications and
  1 24 technology commission shall certify to the treasurer of state
  1 25 when a debt service payment is due, and upon receipt of the
  1 26 certification, the treasurer shall make the payment.  The
  1 27 commission shall pay any additional amount due from funds
  1 28 deposited in the Iowa communications network fund.
  1 29    Sec. 2.  IOWA COMMUNICATIONS NETWORK OPERATIONS.
  1 30    1.  There is appropriated from the general fund of the
  1 31 state to the Iowa telecommunications and technology commission
  1 32 for the fiscal year beginning July 1, 2001, and ending June
  1 33 30, 2002, the following amount, or so much thereof as is
  1 34 necessary, to be used for the purposes designated in this
  1 35 subsection:
  2  1    For operations of the network consistent with chapter 8D
  2  2 and for the following full-time equivalent positions:  
  2  3 .................................................. $  2,234,330
  2  4 ............................................... FTEs     105.00
  2  5    2.  Notwithstanding section 8.33 or 8.39, moneys
  2  6 appropriated in this section which remain unobligated or
  2  7 unexpended at the close of the fiscal year shall not revert
  2  8 but shall remain available for the purposes designated in the
  2  9 succeeding fiscal year, and shall not be transferred to any
  2 10 other program.
  2 11    3.  It is the intent of the general assembly that the Iowa
  2 12 telecommunications and technology commission annually review
  2 13 the hourly rates established, as provided in section 8D.3,
  2 14 subsection 3, paragraph "i", consistent with this paragraph.
  2 15 Such rates shall be established in a manner to minimize any
  2 16 subsidy provided through state general fund appropriations.
  2 17    Sec. 3.  PUBLIC BROADCASTING.  There is appropriated from
  2 18 the general fund of the state to the public broadcasting
  2 19 division of the department of education for the fiscal year
  2 20 beginning July 1, 2001, and ending June 30, 2002, the
  2 21 following amount, or so much thereof as is necessary, to be
  2 22 used for the purposes designated in subsections 1 and 2 and
  2 23 for the following full-time equivalent positions:  
  2 24 .................................................. $  2,026,808
  2 25 ............................................... FTEs       8.00
  2 26    1.  Of the amount appropriated in this section, $427,656
  2 27 shall be expended by the public broadcasting division of the
  2 28 department of education to provide support for functions
  2 29 related to the network, including but not limited to the
  2 30 following functions:  development of distance learning
  2 31 applications; development of a central information source on
  2 32 the internet relating to educational uses of the network;
  2 33 second-line technical support for network sites; testing and
  2 34 initializing sites onto the network; and coordinating the work
  2 35 of the education telecommunications council.
  3  1    2.  Of the amount appropriated in this section, $1,599,152
  3  2 shall be allocated by the public broadcasting division of the
  3  3 department of education to the regional telecommunications
  3  4 councils established in section 8D.5.  The regional
  3  5 telecommunications councils shall use the funds to provide
  3  6 technical assistance for network classrooms, planning and
  3  7 troubleshooting for local area networks, scheduling of video
  3  8 sites, and other related support activities.
  3  9    Sec. 4.  INFORMATION TECHNOLOGY DEPARTMENT.  There is
  3 10 appropriated from the general fund of the state to the
  3 11 information technology department for the fiscal year
  3 12 beginning July 1, 2001, and ending June 30, 2002, the
  3 13 following amount, or so much thereof as is necessary, to be
  3 14 used for the purpose designated:
  3 15    For the purpose of providing information technology
  3 16 services to state agencies and for the following full-time
  3 17 equivalent positions:  
  3 18 .................................................. $  3,233,862
  3 19 ............................................... FTEs     158.91
  3 20    1.  The information technology department shall not
  3 21 increase any fees or charges to other state agencies for
  3 22 services provided to such state agencies by the department,
  3 23 unless such increase in fees or charges is first reported to
  3 24 the department of management.  The department of management
  3 25 shall submit a report notifying the legislative fiscal bureau
  3 26 regarding any fee increase as the increase occurs.
  3 27    2.  The information technology department is authorized to
  3 28 enter into agreements with other departments, agencies,
  3 29 boards, and commissions for the provision of information
  3 30 technology services.  During the development of such
  3 31 agreements, the agreeing parties shall identify any and all
  3 32 direct cost savings to be realized in the provision of these
  3 33 services.  Once these savings from the agreement are
  3 34 identified, the information technology department shall notify
  3 35 the department of management of the savings so identified.
  4  1 The department of management shall then cause the amount of
  4  2 savings realized from the agreement to be transferred to the
  4  3 pooled technology account for allocation for the technology
  4  4 programs identified for funding pursuant to section 5 of this
  4  5 Act.  The department of management shall annually report the
  4  6 amount transferred by each department to the legislative
  4  7 fiscal bureau.
  4  8    Sec. 5.  POOLED TECHNOLOGY ACCOUNT.
  4  9    1.  Notwithstanding section 8.57, subsection 5, paragraph
  4 10 "c", there is appropriated from the rebuild Iowa
  4 11 infrastructure fund to the pooled technology account
  4 12 established in the office of the treasurer of state under the
  4 13 control of the information technology department, for the
  4 14 fiscal year beginning July 1, 2001, and ending June 30, 2002,
  4 15 the following amount, or so much thereof as is necessary, to
  4 16 be used for the purpose designated:
  4 17    For the support of various technology programs:  
  4 18 .................................................. $ 13,000,000
  4 19    Moneys appropriated pursuant to this section are allocated
  4 20 in descending priority order for use during the fiscal year
  4 21 beginning July 1, 2001, and ending June 30, 2002, as follows:
  4 22    a.  The first $3,000,000 shall be allocated to the
  4 23 department of education for transfer to the community college
  4 24 vocational-technical technology improvement program authorized
  4 25 in chapter 260A.
  4 26    b.  The next $1,500,000 shall be allocated to the
  4 27 university of northern Iowa for developing a twenty-first
  4 28 century learning initiative.  The university of northern Iowa
  4 29 shall consult with the information technology department and
  4 30 the department of education in continuing this initiative.
  4 31    c.  The next $1,500,000 shall be allocated to the
  4 32 department of education for purposes of making technology
  4 33 available to students of accredited nonpublic schools in
  4 34 accordance with section 14 of this Act.
  4 35    d.  The next $2,727,000 shall be allocated to the Iowa
  5  1 telecommunications and technology commission for maintenance
  5  2 and lease costs associated with Part III connections.
  5  3    e.  The next $312,000 shall be allocated to the information
  5  4 technology department.  Of this amount, $252,000 shall be
  5  5 utilized for lease-purchase costs related to the justice data
  5  6 warehouse technology project, and $60,000 shall be transferred
  5  7 to the division of criminal and juvenile justice planning of
  5  8 the department of human rights for 1.00 FTE to provide support
  5  9 for the justice data warehouse technology project.
  5 10    f.  The next $1,000,000 shall be allocated to the
  5 11 information technology department for implementation of an
  5 12 enterprise data warehouse.
  5 13    g.  The next $500,000 shall be allocated to the secretary
  5 14 of state's office to replace the secretary of state's voter
  5 15 registration system.
  5 16    h.  The next $1,000,000 shall be allocated to the Iowa
  5 17 department of workforce development for automation of the
  5 18 unemployment system.
  5 19    i.  The next $250,000 shall be allocated to the department
  5 20 of agriculture and land stewardship for the e-commerce
  5 21 electronic licensing project.
  5 22    j.  The remaining amount in the pooled technology account
  5 23 shall be allocated to implement the recommendations of the
  5 24 information technology council.  However, none of these funds
  5 25 may be utilized for asynchronous transfer mode technology
  5 26 conversion, the enterprise resource planning project, or
  5 27 digital broadcast conversion, or for lease-purchase payments
  5 28 in connection therewith.  Amounts allocated pursuant to this
  5 29 paragraph shall include any reversions in excess of those
  5 30 necessary to fund the justice data warehouse project.
  5 31    2.  A department or agency receiving an appropriation under
  5 32 subsection 1 shall consult with the information technology
  5 33 department regarding any technology purchase, lease, or
  5 34 contract, prior to making a purchase or entering into a lease
  5 35 or contract.  This subsection shall not apply to a technology
  6  1 purchase, lease, or contract made or entered into by or on
  6  2 behalf of a community college, the university of northern Iowa
  6  3 in developing a twenty-first century learning initiative, or
  6  4 an accredited nonpublic school pursuant to subsection 1,
  6  5 paragraphs "a" through "c".
  6  6    3.  The department of management, in cooperation with the
  6  7 information technology department, shall develop a standard
  6  8 budget request form for technology or business reengineering
  6  9 projects.  A department requesting funding for projects which
  6 10 will cost more than $100,000 shall use the request form.  The
  6 11 form shall require consistent reporting criteria including,
  6 12 but not limited to, project description, project goals,
  6 13 project performance measures, return on investment, cost, time
  6 14 frame, funding sources, and customer base.
  6 15    4.  Notwithstanding the distribution formula contained in
  6 16 section 8.62 for an operational appropriation which remains
  6 17 unexpended or unencumbered for the fiscal year beginning July
  6 18 1, 2000, 75 percent of the unexpended or unencumbered moneys
  6 19 subject to section 8.62 are appropriated to the pooled
  6 20 technology account.  The remaining 25 percent of such moneys
  6 21 shall remain with the entity to which the operational
  6 22 appropriation was made.  Notwithstanding section 8.33, for an
  6 23 appropriation other than an operational appropriation as
  6 24 provided in section 8.62 which remains unencumbered for the
  6 25 fiscal year beginning July 1, 2000, 100 percent of the
  6 26 unexpended or unencumbered moneys are appropriated to the
  6 27 pooled technology account.  Of the funds appropriated to the
  6 28 pooled technology account pursuant to this subsection which
  6 29 remain after the deposit to the general fund of the state
  6 30 specified in unnumbered paragraph 2, $312,000 shall be
  6 31 allocated to the information technology department for lease-
  6 32 purchase costs related to the justice data warehouse
  6 33 technology project.
  6 34    Notwithstanding this subsection, the first $10,000,000
  6 35 subject to reversion and appropriation to the pooled
  7  1 technology account under this subsection shall be deposited in
  7  2 the general fund to be used for balancing the state's budget
  7  3 for the fiscal year beginning July 1, 2001, and ending June
  7  4 30, 2002.
  7  5    Sec. 6.  FUNDING FOR IOWACCESS.
  7  6    1.  Notwithstanding section 321A.3, subsection 1, for the
  7  7 fiscal year beginning July 1, 2001, and ending June 30, 2002,
  7  8 the first $1,000,000 collected and transferred by the
  7  9 department of transportation to the treasurer of state with
  7 10 respect to the fees for transactions involving the furnishing
  7 11 of a certified abstract of a vehicle operating record under
  7 12 section 321A.3, subsection 1, shall be transferred to the
  7 13 IowAccess revolving fund created in section 14B.206 and
  7 14 administered by the information technology department for the
  7 15 purposes of developing, implementing, maintaining, and
  7 16 expanding electronic access to government records in
  7 17 accordance with the requirements set forth in chapter 14B.
  7 18    2.  It is the intent of the general assembly that all fees
  7 19 collected with respect to transactions involving IowAccess
  7 20 shall be deposited in the IowAccess revolving fund created in
  7 21 section 14B.206 and shall be used only for the support of
  7 22 IowAccess projects.
  7 23    Sec. 7.  Section 14B.105, subsection 2, paragraph f, Code
  7 24 2001, is amended to read as follows:
  7 25    f.  Review the recommendations of the IowAccess advisory
  7 26 council regarding rates to be charged for access to and for
  7 27 value-added services performed through IowAccess, and make
  7 28 recommendations to the general assembly regarding such rates.
  7 29 A rate shall not be approved or charged unless approved by act
  7 30 of the general assembly.  The information technology council
  7 31 shall report the establishment of a new rate or change in the
  7 32 level of an existing rate to the department of management, and
  7 33 the department of management shall notify the legislative
  7 34 fiscal bureau regarding the rate establishment or change.
  7 35    Sec. 8.  Section 14B.203, Code 2001, is amended by adding
  8  1 the following new subsection:
  8  2    NEW SUBSECTION.  5.  Notwithstanding any other provision of
  8  3 this section, the department may establish for the fiscal
  8  4 years beginning July 1, 2001, and ending June 30, 2005, a
  8  5 pilot project for fee collection.  Fees shall be collected
  8  6 based on the ability to access court information from remote
  8  7 locations.  All revenue derived from a pilot project
  8  8 implemented pursuant to this subsection shall be deposited
  8  9 into the pooled technology account.
  8 10    Sec. 9.  Section 260A.1, subsection 1, Code 2001, is
  8 11 amended by striking the subsection and inserting in lieu
  8 12 thereof the following:
  8 13    1.  Appropriations from the pooled technology account may
  8 14 be used for the purposes authorized in the community college
  8 15 vocational-technical technology improvement program.
  8 16    Sec. 10.  Section 260A.2, Code 2001, is amended to read as
  8 17 follows:
  8 18    260A.2  COMMUNITY COLLEGE VOCATIONAL-TECHNICAL TECHNOLOGY
  8 19 IMPROVEMENT PLANS.
  8 20    Prior to receiving moneys under this chapter, the board of
  8 21 directors of a community college shall adopt a technology plan
  8 22 that supports community college vocational-technical
  8 23 technology improvement efforts, authorizes a needs assessment
  8 24 of business and industry in the district, and includes an
  8 25 evaluation component, and shall provide to the department of
  8 26 education adequate assurance that funds received under this
  8 27 chapter will be used in accordance with the technology plan.
  8 28 The plan shall be developed by licensed professional staff of
  8 29 the community college, including both faculty members and
  8 30 school administrators, the private sector, trade and
  8 31 professional organizations, and other interested parties, and
  8 32 shall, at a minimum, focus on the attainment of the
  8 33 vocational-technical skills and achievement goals of the
  8 34 student.  The plan shall consider the community college's
  8 35 interconnectivity with the Iowa communications network, and
  9  1 shall demonstrate how, over a four-year period, the board will
  9  2 utilize technology to improve vocational-technical student
  9  3 achievement.  The technology plan shall be kept on file at the
  9  4 community college.  Progress made under the plan shall be
  9  5 reported annually to the department of education in a manner
  9  6 prescribed by the department of education.
  9  7    Sec. 11.  Section 304.13A, subsections 1 and 2, Code 2001,
  9  8 are amended to read as follows:
  9  9    1.  An agency required to compile and maintain a report,
  9 10 which produces or makes available for public inspection
  9 11 written reports or newsletters on and after July 1, 2001,
  9 12 shall maintain such report or newsletter in an electronic
  9 13 form, giving consideration to the standards for electronic
  9 14 records recommended by the information technology department.
  9 15 Such agency, by itself, or with the assistance of the
  9 16 information technology department, shall also make the report
  9 17 or newsletter accessible to the public through the internet as
  9 18 provided in subsection 2 and through other electronic means.
  9 19    2.  A copy of all required agency reports or newsletters
  9 20 maintained pursuant to subsection 1 shall be located at an
  9 21 internet site maintained by the information technology
  9 22 department in consultation with the state librarian, and all
  9 23 required such reports or newsletters shall be placed on
  9 24 electronic media.  The state librarian shall provide for the
  9 25 distribution of such copies to a public library in this state
  9 26 requesting such copy.
  9 27    Sec. 12.  2000 Iowa Acts, chapter 1226, section 5,
  9 28 subsection 2, is amended by adding the following new
  9 29 paragraph:
  9 30    NEW PARAGRAPH.  dd.  The next $1,400,000 shall be allocated
  9 31 to the treasurer of state for debt service for the Iowa
  9 32 communications network for the fiscal year beginning July 1,
  9 33 2001, and ending June 30, 2002.
  9 34    Sec. 13.  2000 Iowa Acts, chapter 1226, section 5,
  9 35 subsection 2, paragraph e, unnumbered paragraph 1, is amended
 10  1 to read as follows:
 10  2    The next $21,000,000 $19,600,000 shall be allocated to the
 10  3 division of information technology services of the department
 10  4 of general services only for the projects designated in this
 10  5 paragraph as follows:
 10  6    Sec. 14.  TECHNOLOGY SERVICES FOR ACCREDITED NONPUBLIC
 10  7 SCHOOL STUDENTS.
 10  8    1.  Technology adopted and purchased by a school district
 10  9 shall, to the extent funds are appropriated by the general
 10 10 assembly, be made available to students of accredited
 10 11 nonpublic schools located within the boundaries of the school
 10 12 district upon the written request of the authorities in charge
 10 13 of the accredited nonpublic school on behalf of the school's
 10 14 students as provided in this section.
 10 15    2.  Funds appropriated for purposes of this section shall
 10 16 be allocated to school districts for the purchase of
 10 17 technology for accredited nonpublic schools as provided in
 10 18 this section, subject to the restrictions of section 256D.8,
 10 19 subsection 1.  The department of education shall ascertain a
 10 20 maximum annual amount the school district shall be required to
 10 21 use for the purchase of technology for participating
 10 22 accredited nonpublic schools.  The amount shall be in the
 10 23 proportion that the basic enrollment of a participating
 10 24 accredited nonpublic school bears to the sum of the basic
 10 25 enrollments of all participating accredited nonpublic schools
 10 26 in the state for the budget year.  A participating accredited
 10 27 nonpublic school shall certify its actual enrollment to the
 10 28 department of education by October 1, 2001.  By October 15,
 10 29 2001, the department of education shall notify the board of
 10 30 directors of each school district of the maximum amount of its
 10 31 allocation that shall be made available for purchasing
 10 32 nonsectarian, nonreligious technology for each of the
 10 33 participating accredited nonpublic schools located within the
 10 34 school district in accordance with this section.  For purposes
 10 35 of this section only, an accredited nonpublic school's
 11  1 enrollment count shall include only students who are residents
 11  2 of Iowa.
 11  3    3.  The costs of providing technology to participating
 11  4 accredited nonpublic schools as provided in this section shall
 11  5 not be included in the computation of district cost under
 11  6 chapter 257, but shall be shown in the budget as an expense
 11  7 from miscellaneous income.  Technology expenditures made in
 11  8 accordance with this section shall be kept on file in the
 11  9 school district.
 11 10    Sec. 15.  POOLED TECHNOLOGY FUNDING – PRIOR ALLOCATIONS.
 11 11    1.  Notwithstanding section 8.33, moneys allocated in 2000
 11 12 Iowa Acts, chapter 1226, section 5, subsection 2, paragraphs
 11 13 "a" through "c", and paragraph "dd", as enacted by this Act,
 11 14 which remain unobligated or unexpended at the close of the
 11 15 fiscal year shall not revert but shall remain available for
 11 16 expenditure for the purpose for which allocated for the fiscal
 11 17 year beginning July 1, 2001, and ending June 30, 2002.
 11 18    2.  Notwithstanding section 8.33, the remaining balance of
 11 19 the moneys allocated to the information technology department
 11 20 in 2000 Iowa Acts, chapter 1226, section 5, subsection 2,
 11 21 paragraph "e", which remain unobligated or unexpended at the
 11 22 close of the fiscal year shall not revert but shall remain
 11 23 available for expenditure by the information technology
 11 24 department for technology purposes for the fiscal year
 11 25 beginning July 1, 2001, and ending June 30, 2002.
 11 26    Sec. 16.  DISTANCE LEARNING – STUDY.  The legislative
 11 27 council is requested to establish an interim study committee
 11 28 relating to distance learning and related Iowa communications
 11 29 network educational issues.  The objective of the study shall
 11 30 be to evaluate the viability of establishing the state of Iowa
 11 31 as a distance learning center.  The study shall identify
 11 32 distance learning technology opportunities between interested
 11 33 agencies and entities involved in or potentially involved in
 11 34 distance learning activities, including but not limited to K-
 11 35 12 schools, area education agencies, institutions of higher
 12  1 learning, the public broadcasting division of the department
 12  2 of education, the department of education, the Iowa
 12  3 communications network, the information technology department,
 12  4 and military and private sector institutions or agencies.  The
 12  5 committee is directed to submit its findings, with any
 12  6 recommendations, in a report to the general assembly not later
 12  7 than January 15, 2002.
 12  8    Sec. 17.  Section 260A.4, Code 2001, is repealed.
 12  9    Sec. 18.  EFFECTIVE DATES.  Section 5, subsection 4; and
 12 10 sections 12, 13, and 15 of this Act, being deemed of immediate
 12 11 importance, take effect upon enactment.  
 12 12 
 12 13 
 12 14                                                             
 12 15                               BRENT SIEGRIST
 12 16                               Speaker of the House
 12 17 
 12 18 
 12 19                                                             
 12 20                               MARY E. KRAMER
 12 21                               President of the Senate
 12 22 
 12 23    I hereby certify that this bill originated in the House and
 12 24 is known as House File 719, Seventy-ninth General Assembly.
 12 25 
 12 26 
 12 27                                                             
 12 28                               MARGARET THOMSON
 12 29                               Chief Clerk of the House
 12 30 Approved                , 2001
 12 31 
 12 32 
 12 33                            
 12 34 THOMAS J. VILSACK
 12 35 Governor
     

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