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PAG LIN 1 1 Section 1. Section 14B.101, subsection 1, Code Supplement 1 2 2001, is amended to read as follows: 1 3 1. "Agency" means a unit of state government, which is an 1 4 authority, board, commission, committee, council, department, 1 5 examining board,orindependent agency, or establishment of 1 6 state government as defined insection 7E.4, including but not1 7limited to each principal central department enumerated in1 8section 7E.5sections 7E.4, 7E.5, and 8.2, subsection 5. 1 9 However, "agency" does not mean any of the following: 1 10 a. The office of the governor or the office of an elective 1 11 constitutional or statutory officer. 1 12 b. The general assembly, or any office or unit under its 1 13 administrative authority. 1 14 c. The judicial branch, as provided in section 602.1102. 1 15 d. A political subdivision of the state or its offices or 1 16 units, including but not limited to a county, city, or 1 17 community college. 1 18 Sec. 2. Section 14B.101, subsection 3, Code Supplement 1 19 2001, is amended to read as follows: 1 20 3. "Governmental entity" means any unit of government in 1 21 the executive, legislative, or judicial branch of government; 1 22 an agency or political subdivision; any unit of another state 1 23 government, including its political subdivisions;orany unit 1 24 of the United States government or a foreign government, or 1 25 any association or other organization whose membership 1 26 consists primarily of one or more of any of the foregoing. 1 27 Sec. 3. Section 14B.101, subsection 8, paragraph e, Code 1 28 Supplement 2001, is amended by striking the paragraph. 1 29 Sec. 4. Section 14B.101, subsection 10, Code Supplement 1 30 2001, is amended to read as follows: 1 31 10. "Value-added services" means services which include, 1 32 but are not limited to, government informationwhich requires1 33special sortsor services requiring processing, formatting, 1 34 enhancement, or other action to provide such information or 1 35 services, or to provide access to government information which 2 1 is responsive to special requests for multiple government 2 2 records in customized formats. 2 3 Sec. 5. Section 14B.102, subsection 2, Code Supplement 2 4 2001, is amended to read as follows: 2 5 2. POWERS AND DUTIES OF DEPARTMENT. The powers and duties 2 6 of the department shall include, but are not limited to, all 2 7 of the following: 2 8 a. Providing information technology toparticipating2 9 agencies and other governmental entitiesas provided in this2 10chapter. 2 11 b. Implementing the strategic information technology plan 2 12as prepared and updated by the information technology council. 2 13 c. Developing and implementing a business continuity plan, 2 14 as the director determines is appropriate, to be used if a 2 15 disruption occurs in the provision of information technology 2 16 to participating agencies and other governmental entities. 2 17 d. (1)Developing and implementing recommended standards2 18forPrescribing standards and adopting rules relating to 2 19 information technology and procurement, including but not 2 20 limited to system design and systems integration and 2 21 interoperability, whichwhen implementedshall apply to all 2 22 participating agencies except as otherwise provided in this 2 23 chapter. 2 24 (2) Prescribing standards and adopting rules relating to 2 25 the implementation of electronic commerce, including standards 2 26 for digital signatures, electronic currency, integration of 2 27 electronic data across state agencies, and other items 2 28 associated with electronic commerce. 2 29 PARAGRAPH DIVIDED. The department shall implement 2 30information technology standards as established pursuant to2 31this chapter which are applicable to information technology2 32procurements for participating agenciesthe standards and 2 33 rules it prescribes and adopts pursuant to this chapter. 2 34 Participating agencies shall comply with the department's 2 35 prescribed standards and adopted rules unless, upon the 3 1 written request of a participating agency and for good cause 3 2 shown, compliance is waived by the department. 3 3 e.Recommending and implementingPrescribing standards and 3 4 adopting rules relating to standards for an electronic 3 5 repository for maintaining mandated agency reports as provided 3 6 in section 304.13A. Such repository shall be developed and 3 7 maintained for the purpose of providing public access to such 3 8 mandated reports. The department shalldevelopprescribe such 3 9 standards and adopt rules relating to such standards in 3 10 consultation with the state librarian. 3 11 f. Developing and maintaining security policies and 3 12 systems to ensure the integrity of the state's information 3 13 resources and to prevent the disclosure of confidential 3 14 records. 3 15 g. Developing and implementing effective and efficient 3 16 strategies for the use and provision of information technology 3 17 for participating agencies and other governmental entities. 3 18 h. Coordinating the acquisition of information technology 3 19 by participating agencies in furtherance of the purposes of 3 20 this chapter. The information technology department shall 3 21 review a request for information technology submitted by a 3 22 participating agency for purposes of determining whether such 3 23 request meets the applicable standards and complies with rules 3 24 established pursuant to this chapter.Upon a determination3 25that the request meets such standards, the information3 26technology shall be procured for the participating agency by3 27the department of general services. Nothing in this chapter3 28shall be construed to prohibit or limit a participating agency3 29from entering into an agreement or contract for information3 30technology with a qualified private entity.3 31 i. Entering intoagreements pursuant to chapter 28D or3 3228E, orcontracts, leases, licensing agreements, royalty 3 33 agreements, marketing agreements, memorandums of understanding 3 34 or other agreements as necessary and appropriate to administer 3 35 this chapter. 4 1 j.Establishing and maintaining, in cooperation with the4 2department of revenue and finance and the department of4 3general services, an inventory of information technology4 4devices used by participating agencies and other governmental4 5entities using the information technology department's4 6services. The information technology department may request4 7 Requesting that a participating agencytoprovide such 4 8 information as is necessary to establish and maintain an 4 9 inventoryas required under this paragraphof information 4 10 technology used by participating agencies, and such 4 11 participating agency shall provide such information to the 4 12 department in a timely manner. The form and content of the 4 13 information to be provided shall be determined by the 4 14 department. 4 15 k. Receiving and accepting donations, grants, gifts, and 4 16 contributions in the form of money, services, materials, or 4 17 otherwise, from the United States or any of its agencies, from 4 18 this state or any of its agencies, or from any other person, 4 19 and to using or expending such moneys, services, materials, or 4 20 other contributions, or issuing grants, in carrying on 4 21 information technology operations. 4 22 l. Charginga negotiated fee, to recover a share of the4 23costs related to the research and development, initial4 24production, and derivative products of the department's4 25proprietary software and hardware, information technology4 26architecture design, and proprietary technology applications4 27developed to support authorized users, to private vendors and4 28to other political entities and subdivisions, including but4 29not limited to states, territories, protectorates, and foreign4 30countriesreasonable fees, costs, expenses, charges, or other 4 31 amounts to an agency, governmental entity, public official, or 4 32 person or entity related to the provision, sale, use, or 4 33 utilization of, or cost sharing with respect to, information 4 34 technology and any intellectual property interests related 4 35 thereto, research and development, proprietary hardware, 5 1 software and applications, and information technology 5 2 architecture and design. The department may enter into 5 3 nondisclosure agreements and take any other legal action 5 4 reasonably necessary to secure a right or an interest in 5 5 information technology developed by or on behalf of the state 5 6 of Iowa and to protect the state of Iowa's proprietary 5 7 information technology and intellectual property interests. 5 8The provisions of chapter 23A relating to noncompetition by5 9state agencies and political subdivisions with private5 10enterprise shall not apply to department activities authorized5 11under this paragraph.5 12 m. Charging reasonable fees, costs, expenses, charges, or 5 13 other amounts to an agency, governmental entity, public 5 14 official, or other person or entity to or for whom information 5 15 technology or other services have been provided by or on 5 16 behalf of, or otherwise made available through, the 5 17 department. 5 18 n. Providing, selling, leasing, licensing, transferring, 5 19 or otherwise conveying or disposing of information technology, 5 20 or any intellectual property or other rights with respect 5 21 thereto, to agencies, governmental entities, public officials, 5 22 or other persons or entities. 5 23 o. Entering into partnerships, contracts, leases, or other 5 24 agreements with public and private entities for the evaluation 5 25 and development of information technology pilot projects. 5 26 p. Initiating and supporting the development of electronic 5 27 commerce, electronic government, and internet applications 5 28 across participating agencies and in cooperation with other 5 29 governmental entities. The department shall foster joint 5 30 development of electronic commerce and electronic government 5 31 involving the public and private sectors, develop customer 5 32 surveys and citizen outreach and education programs and 5 33 material, and provide for citizen input regarding the state's 5 34 electronic commerce and electronic government applications. 5 35 q. Establishing rates to be charged for access to, and for 6 1 value-added services provided through, IowAccess. 6 2 Sec. 6. Section 14B.102, subsection 3, Code Supplement 6 3 2001, is amended to read as follows: 6 4 3.SERVICEINFORMATION TECHNOLOGY CHARGES. The department 6 5 shall render a statement toa participatingan agency,or6 6othergovernmental entityfor a reasonable and necessary6 7amount for information technology provided by the department6 8to such agency or entity, public official, or other person or 6 9 entity to or for whom information technology, value-added 6 10 services, or other items or services have been provided by or 6 11 on behalf of, or otherwise made available through, the 6 12 department.AnSuch an agency, governmental entity, public 6 13 official, or other person or entity shall pay an amount 6 14 indicated onasuch statementrendered to a participating6 15agency or other governmental entity shall be paid by such6 16agency or entityin a manner determined by the department of 6 17 revenue and finance.Amounts charged and paid pursuant to6 18this subsection shall be deposited in the operations revolving6 19fund created in section 14B.103.6 20 Sec. 7. Section 14B.103, Code 2001, is amended to read as 6 21 follows: 6 22 14B.103 OPERATIONS REVOLVING FUND. 6 23 An operations revolving fund is created in the state 6 24 treasury. The operations revolving fund shall be administered 6 25 by the department and shall consist of moneys collected by the 6 26 department as fees, moneys appropriated by the general 6 27 assembly, and any other moneys obtained or accepted by the 6 28 departmentfor deposit in the revolving fund, including but 6 29 not limited to gifts, loans, donations, grants, and 6 30 contributions. The proceeds of the revolving fund are 6 31 appropriated to and shall be used by the department for the 6 32 operations of the department consistent with this chapter; 6 33 provided, however, that this usage requirement shall not limit 6 34 or restrict the department from using proceeds from gifts, 6 35 loans, donations, grants, and contributions in conformance 7 1 with any conditions, directions, limitations, or instructions 7 2 attached or related thereto. The department shall submit an 7 3 annual report not later than January 31 to the members of the 7 4 general assembly and the legislative fiscal bureau, of the 7 5 activities funded by and expenditures made from the revolving 7 6 fund during the preceding fiscal year. Section 8.33 does not 7 7 apply to any moneys in the revolving fund and, notwithstanding 7 8 section 12C.7, subsection 2, earnings or interest on moneys 7 9 deposited in the revolving fund shall be credited to the 7 10 revolving fund. 7 11 Sec. 8. Section 14B.104, subsection 2, Code 2001, is 7 12 amended to read as follows: 7 13 2. POWERS AND DUTIES. The powers and duties of the 7 14 director of the department shalldo all ofinclude, but are 7 15 not limited to, all of the following: 7 16 a.Plan, direct, coordinate, and executePlanning, 7 17 directing, coordinating, and executing the functions necessary 7 18 to carry out the duties of the department. 7 19 b.ProvideProviding overall supervision, direction, and 7 20 coordination of functions of the department. 7 21 c.EmployEmploying personnel as necessary to carry out 7 22 the functions vested in the department consistent with chapter 7 23 19A andenhanceenhancing the recruitment, retention, and 7 24 training of professional staff. 7 25 d.SuperviseSupervising andmanagemanaging employees of 7 26 the department, andprovideproviding for the internal 7 27 organization of the department and for the allocation of 7 28 functions within the department consistent with section 7E.2. 7 29 e.Recommend toPreparing theinformation technology7 30council anannual budget for the department. 7 31 f.Recommend to the information technology council7 32 Adopting, pursuant to chapter 17A, rules deemed necessary for 7 33 the implementation of this chapter and proper administration 7 34 of the department. 7 35g. Recommend to the information technology council8 1information technology standards.8 2h.g.DevelopEstablishing, prescribing, andimplement8 3 implementing operational policies of the department andbe8 4 being responsible for the day-to-day operations of the 8 5 department. 8 6i.h.DevelopDeveloping andrecommend to the information8 7technology councilrecommending legislative proposals deemed 8 8 necessary for the continued efficiency of department 8 9 functions, andreviewreviewing legislative proposals 8 10 generated outside of the department which are related to 8 11 matters within the department's purview. 8 12j.i.ProvideProviding advice to the governor on issues 8 13 related to information technology. 8 14k.j.ConsultConsulting with agencies and other 8 15 governmental entities on issues relating to information 8 16 technology. 8 17l.k.Work with all governmental entities in an effort to8 18achieve the information technology goals established by the8 19information technology council.Preparing and submitting to 8 20 the information technology council a strategic information 8 21 technology plan which shall promote participation in 8 22 cooperative projects with other governmental entities. The 8 23 plan shall establish a mission, goals, and objectives for the 8 24 use of information technology, including goals for electronic 8 25 access to public records, information, and services, and shall 8 26 be prepared biennially, in odd-numbered years, to coincide 8 27 with the beginning of the convening of the first regular 8 28 session of the general assembly. 8 29 Sec. 9. Section 14B.104, subsection 4, Code 2001, is 8 30 amended by striking the subsection. 8 31 Sec. 10. Section 14B.105, subsection 1, paragraph a, Code 8 32 Supplement 2001, is amended to read as follows: 8 33 a. An information technology council is established with 8 34 the authority to oversee the department and information 8 35 technology activities of participating agencies as provided in 9 1 this chapter. The information technology council is composed 9 2 ofseventeenfourteen members including the following: 9 3(1) The director of the information technology department.9 4(2) The administrator of the public broadcasting division9 5of the department of education.9 6(3)(1) The chairperson of the IowAccess advisory council 9 7 established in section 14B.201, or the chairperson's designee. 9 8(4) The state technology advisor in the department of9 9economic development.9 10(5) The executive director of the Iowa communications9 11network, or the executive director's designee.9 12(6)(2) Two executive branch department heads appointed by 9 13 the governor. 9 14(7)(3)FiveSix persons appointed by the governor who are 9 15 knowledgeable in information technology matters. 9 16(8)(4) One person representing the judicial branch 9 17 appointed by the chief justice of the supreme court who shall 9 18 serve in an ex officio, nonvoting capacity. 9 19(9)(5) Four members of the general assembly with not more 9 20 than one member from each chamber being from the same 9 21 political party. The two senators shall be designated by the 9 22 president of the senate after consultation with the majority 9 23 and minority leaders of the senate. The two representatives 9 24 shall be designated by the speaker of the house of 9 25 representatives after consultation with the majority and 9 26 minority leaders of the house of representatives. Legislative 9 27 members shall serve in an ex officio, nonvoting capacity. A 9 28 legislative member is eligible for per diem and expenses as 9 29 provided in section 2.10. 9 30 Sec. 11. Section 14B.105, subsection 1, paragraph b, Code 9 31 Supplement 2001, is amended to read as follows: 9 32 b. The members appointed by the governor pursuant to 9 33 paragraph "a", subparagraphs (3) through (7),shall serve 9 34 four-year staggered terms as designated by the governor and 9 35 such appointments to the information technology council are 10 1 subject to the requirements of sections 69.16, 69.16A, and 10 2 69.19.Members appointed by the governor pursuant to10 3paragraph "a", subparagraphs (3) through (7), shall not serve10 4consecutive four-year terms.Members appointed by the 10 5 governor are subject to senate confirmation and shall be 10 6 reimbursed for actual and necessary expenses incurred in 10 7 performance of their duties. Such members may also be 10 8 eligible to receive compensation as provided in section 7E.6. 10 9 The information technology council shall annually elect its 10 10 own chairperson from among the voting members of the council 10 11other than the director of the information technology10 12department. A majority of the voting members of the council 10 13 constitutes a quorum. 10 14 Sec. 12. Section 14B.105, subsection 2, Code Supplement 10 15 2001, is amended to read as follows: 10 16 2. DUTIES. The information technology council shall do 10 17all ofthe following: 10 18a. Adopt rules in accordance with chapter 17A which are10 19necessary for the exercise of the powers and duties granted by10 20this chapter and the proper administration of the department.10 21b. Develop recommended standards for consideration with10 22respect to the procurement of information technology by all10 23participating agencies.10 24c. Appoint advisory committees as appropriate to assist10 25the information technology council in developing strategies10 26for the use and provision of information technology and10 27establishing other advisory committees as necessary to assist10 28the information technology council in carrying out its duties10 29under this chapter. The number of advisory committees and10 30their membership shall be determined by the information10 31technology council to assure that the public and agencies and10 32other governmental entities have an opportunity to comment on10 33the services provided and the service goals and objectives of10 34the department.10 35d.a.Prepare and annually update aBiennially adopt the 11 1 strategic information technology plan for the use of 11 2 information technology throughout state government developed 11 3 by the director of the department pursuant to section 14B.104, 11 4 subsection 2, paragraph "k".The plan shall promote11 5participation in cooperative projects with other governmental11 6entities. The plan shall establish a mission, goals, and11 7objectives for the use of information technology, including11 8goals for electronic access to public records, information,11 9and services.The plan shall be submittedannuallybiennially 11 10 to the governor and the general assembly. 11 11e. Review and recommend to the general assembly, as deemed11 12appropriate by the information technology council, legislative11 13proposals recommended by the director, or other legislative11 14proposals as developed and deemed necessary by the information11 15technology council.11 16f.b. Review the recommendations of the IowAccess advisory 11 17 council regarding rates to be charged for access to and for 11 18 value-added services performed through IowAccess, and submit 11 19 recommendations to the department for review and establishment 11 20 of rates. Theinformation technology councildepartment shall 11 21 report the establishment of a new rate or change in the level 11 22 of an existing rate to the department of management, and the 11 23 department of management shall notify the legislative fiscal 11 24 bureau regarding the rate establishment or change. 11 25g. Review and approve, as deemed appropriate by the11 26information technology council, the annual budget11 27recommendation for the department as proposed by the director.11 28 Sec. 13. Section 14B.105, subsections 3 and 4, Code 11 29 Supplement 2001, are amended by striking the subsections. 11 30 Sec. 14. Section 14B.109, subsection 1, Code Supplement 11 31 2001, is amended by striking the subsection. 11 32 Sec. 15. Section 14B.109, subsection 2, Code Supplement 11 33 2001, is amended to read as follows: 11 34 2. a. Standardsestablishedprescribed and rules adopted 11 35 by theinformation technology councildepartment, unless 12 1 waived pursuant to section14B.10514B.102, shall apply to all 12 2 information technology procurements by or for participating 12 3 agencies. 12 4 b. A participating agency shall submit a request to the 12 5 department for the procurement of any information technology. 12 6 The department, prior to any acquisition of such information 12 7 technology, shall make a determination whether the requested 12 8 information technology complies with theinformation12 9technologydepartment's standardsestablished by the12 10information technology counciland rules and with applicable 12 11 provisions of this chapter. 12 12 The information technology department, at the request of a 12 13 participating agency other than a participating agency that is 12 14 granted independent procurement authority,shallmay acquire 12 15 the information technology for the participating agency 12 16 requesting such information technology if it is determined to 12 17 be compliant with the standardsestablished by the information12 18technology councilprescribed by the department, rules adopted 12 19 by the department, and applicable provisions of this chapter. 12 20 A participating agency that is granted independent 12 21 procurement authority, upon a determination by the information 12 22 technology department that a proposed information technology 12 23 acquisition complies with theinformation technology by the12 24information technology councilstandardsestablished12 25 prescribed by the department, rules adopted by the department, 12 26 and applicable provisions of this chapter, may proceed with 12 27 such acquisition. Theinformation technologydepartmentshall12 28 may provide advice to such participating agency regarding the 12 29 procurement of such information technology, including any 12 30 opportunity to aggregate such purchases with other 12 31 participating agencies. 12 32 c. If a determination is made that the information 12 33 technology does not comply withsuchstandards prescribed by 12 34 the department, rules adopted by the department, and 12 35 applicable provisions of this chapter, the department shall 13 1 disapprove the request and such information technology shall 13 2 not be procured unless a waiver is granted pursuant to section 13 314B.10514B.102. 13 4 d. The department, at the request of a governmental entity 13 5 other than a participating agency, may acquire information 13 6 technology for the governmental entity. 13 7 Sec. 16. Section 14B.109, subsection 3, Code Supplement 13 8 2001, is amended to read as follows: 13 9 3. The information technology department, by rule, may 13 10 implement a prequalification procedure for contractorswith13 11 regarding agreements which the department has entered into or 13 12 intends to enter intoagreementsregarding the procurement of 13 13 information technology. Entering into an agreement with, or 13 14 procuring information technology from, a prequalified vendor 13 15 shall not be considered a sole source contract. 13 16 Sec. 17. Section 14B.109, subsection 4, unnumbered 13 17 paragraph 1, Code Supplement 2001, is amended to read as 13 18 follows: 13 19 Notwithstanding the provisions of chapter 18, or any 13 20 administrative rules adopted pursuant to that chapter, the 13 21 department has independent procurement authority and may 13 22 procure information technology as provided in this section. 13 23 The department may cooperate with other governmental entities 13 24 in the procurement of information technology in an effort to 13 25 make such procurements in a cost-effective,and efficient 13 26 manneras provided in this section. The department, as deemed13 27appropriate and cost-effective,may procure information 13 28 technology using any method it determines to be appropriate, 13 29 cost-effective, or efficient, including but not limited to any 13 30 of the following methods: 13 31 Sec. 18. Section 14B.109, subsection 4, paragraph a, Code 13 32 Supplement 2001, is amended to read as follows: 13 33 a. COOPERATIVE PROCUREMENT AGREEMENT. The department may 13 34 enter into a cooperative procurement agreement with another 13 35 governmental entityfor the purpose of pooling funds for14 1 relating to thepurchaseprocurement of information 14 2 technology, whether such information technology is for the use 14 3 of the department ormultipleother governmental entities. 14 4 The cooperative procurement agreement shall clearly specify 14 5 the purpose of the agreement and the method by which such 14 6 purpose will be accomplished. Any power exercised under such 14 7 agreement shall not exceed the power granted to any party to 14 8 the agreement. 14 9 Sec. 19. Section 14B.109, subsection 4, paragraph c, Code 14 10 Supplement 2001, is amended to read as follows: 14 11 c. CONTRACTS LET BY ANOTHER GOVERNMENT ENTITY. The 14 12 department, on its own behalf or on the behalf of another 14 13 participating agency or governmental entity, may procure 14 14 information technology under a contract let by anotherstate14 15agency or political subdivision of this stateagency or other 14 16 governmental entity, or approve such procurement in the same 14 17 manner by a participating agency or governmental entity. 14 18 Sec. 20. Section 14B.109, subsection 4, paragraph e, Code 14 19 Supplement 2001, is amended to read as follows: 14 20 e. COMPETITIVE BIDDING. The department may enter into an 14 21 agreement for thepurchaseprocurement or acquisition of 14 22 information technology in the same manner as provided under 14 23 section 18.6, with respect to the department of general 14 24 service, in addition to any other procedures provided pursuant 14 25 to this chapter. The department, by rule, shall provide 14 26 procedures governing such procurements or acquisitions. 14 27 Sec. 21. Section 14B.109, subsection 4, paragraph f, Code 14 28 Supplement 2001, is amended to read as follows: 14 29 f. OTHER AGREEMENTS. In addition to the competitive 14 30 bidding procedure provided for under paragraph "e", and any 14 31 other procedures provided pursuant to this chapter, the 14 32 information technology department may enter into an agreement 14 33 for the purchase, disposal, sale, lease, transfer, auction, 14 34 zero-cost acquisition, or other disposition of information 14 35 technology in any other manner provided under chapter 18,in15 1the same manner and subject to the same limitations as the15 2department of general servicessubject to procedures 15 3 established by the information technology department. The 15 4 information technology department, by rule, shall provide for 15 5 such procedures. The department may dispose of information 15 6 technology by transferring the ownership of the information 15 7 technology to another agency or governmental entity in this 15 8 state in any manner the department determines appropriate. 15 9 Sec. 22. Section 14B.201, subsection 1, unnumbered 15 10 paragraph 1, Code Supplement 2001, is amended to read as 15 11 follows: 15 12 An IowAccess advisory council is established within the 15 13 department for the purpose of creating and providing a service 15 14 to the citizens of this state that is the gateway for one-stop 15 15 electronic access to government information and transactions, 15 16 whether federal, state, or local. Except as provided in this 15 17 section, IowAccess shall be a state-funded service providing 15 18 access to government information and transactions.The15 19information technology council, in establishing the fees for15 20value-added services, shall consider the reasonable cost of15 21creating and organizing such government information through15 22IowAccess.The advisory council shall provide advice and 15 23 counsel to the department and the information technology 15 24 council regarding fees and services provided through IowAccess 15 25 and other electronic services to citizens of this state. A 15 26 recommendation by the advisory council shall require an 15 27 affirmative action approved and communicated to the department 15 28 and the information technology council by the advisory 15 29 council. 15 30 Sec. 23. Section 14B.201, subsection 2, Code Supplement 15 31 2001, is amended to read as follows: 15 32 2. DUTIES. 15 33 a. The advisory council shall do all of the following: 15 34 (1)RecommendProvide advice and make recommendations to 15 35 the information technology council regarding rates to be 16 1 charged for access to and for value-added servicesperformed16 2 provided through IowAccess and other electronic services. 16 3 (2)RecommendProvide advice and make recommendations to 16 4 the director and the information technology council regarding 16 5 the priority of projects associated with IowAccess and other 16 6 electronic services. 16 7 (3)RecommendProvide advice and make recommendations to 16 8 the director and the information technology council expected 16 9 outcomes and effects of the use of IowAccess and other 16 10 electronic services and determine the manner in which such 16 11 outcomes are to be measured and evaluated. 16 12 (4)Review and recommendProvide advice, conduct a review, 16 13 and make recommendations to the director and the information 16 14 technology council regarding the IowAccess total budget 16 15 request and ensure that such request reflects the priorities 16 16 and goals of IowAccess and other electronic services as 16 17 established by the advisory council. 16 18(5) Review and recommend to the director and the16 19information technology council all rules to be adopted by the16 20information technology council that are related to IowAccess.16 21(6)(5) Advocate for access to government information and 16 22 services through IowAccess and other electronic services and 16 23 for data privacy protection, information ethics, accuracy, and 16 24 security in IowAccess and other electronic programs and 16 25 services. 16 26(7)(6) Receive status and operations reports associated 16 27 with IowAccess and other electronic services. 16 28(8)(7)OtherPerform other duties as assigned by the 16 29 information technology council or the director. 16 30 b. The advisory council shallalso advise, in the course 16 31 of providing advice to the information technology council and 16 32 the director with respect to the operation of IowAccess and 16 33 other electronic services,andencourage and implement access 16 34 to government and its public records by the citizens of this 16 35 state in a manner which shall reflect the diversity of users 17 1 of electronic services so that the views and needs of all the 17 2 citizens of this state shall be represented. 17 3 c. The advisory council shall serve as a link between the 17 4 users of public records, the lawful custodians of such public 17 5 records, and the citizens of this state who are the owners of 17 6 such public records. 17 7 d. The advisory council shall ensure that IowAccess gives 17 8 priority to serving the needs of the citizens of this state. 17 9 Sec. 24. Section 14B.201, subsection 3, paragraph a, Code 17 10 Supplement 2001, is amended by striking the paragraph and 17 11 inserting in lieu thereof the following: 17 12 a. The advisory council shall be composed of fifteen 17 13 members including the following: 17 14 (1) Nine persons appointed by the governor representing 17 15 theprimarycustomers of IowAccess and lawful custodians of 17 16IowAccesspublic records, five of whom shall representprimary17 17 customers of IowAccess and four of whom shall represent lawful 17 18 custodians. The four lawful custodiansof IowAccessshall 17 19 represent the following: 17 20 (a) One person representing the executive branch as 17 21 designated by the governor. 17 22 (b) One person to be appointed by the governor 17 23 representing cities, who shall be actively engaged in the 17 24 administration of city government. 17 25 (c) One person to be appointed by the governor 17 26 representing counties, who shall be actively engaged in the 17 27 administration of county government. 17 28 (d) One person to be appointed by the governor 17 29 representing the federal government. 17 30 (2) One person representing the legislative branch, who 17 31 shall be designated by the legislative council. 17 32 (3) One person representing the judicial branch as 17 33 designated by the chief justice of the supreme court. 17 34 (4) Four persons appointed by the department. 17 35 Sec. 25. Section 14B.202, subsections 2 and 4, Code 2001, 18 1 are amended by striking the subsections. 18 2 Sec. 26. Section 14B.203, subsection 3, Code Supplement 18 3 2001, is amended to read as follows: 18 4 3. In addition to other forms of payment, credit cards 18 5 shall be accepted in payment for moneys owed to or fees 18 6 imposed by a governmental entity as provided in this section, 18 7 according to rules which shall be adopted by the treasurer of 18 8 state. The fees to be charged shall not exceed those 18 9 permitted by statute. A governmental entity may adjust its 18 10 fees to reflect the cost of processing as determined by the 18 11 treasurer of state. The discount charged by the credit card 18 12 issuer may be included in determining the fees to be paid for 18 13 completing a financial transaction under this section by using 18 14 a credit card. 18 15 Sec. 27. Sections 14B.106, 14B.107, and 14B.108, Code 18 16 2001, are repealed. 18 17 EXPLANATION 18 18 This bill provides for miscellaneous substantive and 18 19 technical changes relating to the operation and function of 18 20 the information technology department. 18 21 The bill provides expanded definitions for the terms 18 22 "agency", "governmental entity", and "value-added services", 18 23 and deletes the limited exclusion of the Iowa 18 24 telecommunications and technology commission as a 18 25 "participating agency". 18 26 The bill provides several modifications regarding the 18 27 powers and duties of the department, including prescribing 18 28 standards and adopting rules relating to standards for 18 29 information technology and procurement, and for the 18 30 implementation of electronic commerce. The bill provides that 18 31 the department shall implement the information technology 18 32 standards which are applicable to information technology 18 33 procurements for participating agencies, and that 18 34 participating agencies shall comply with the prescribed 18 35 standards and adopted rules relating to standards unless, upon 19 1 the written request of a participating agency and for good 19 2 cause shown, compliance is waived by the department. 19 3 The bill provides an expanded list of authorized 19 4 departmental agreements, including entering into contracts, 19 5 leases, licensing agreements, royalty agreements, marketing 19 6 agreements, memorandums of understanding, or other agreements. 19 7 The bill provides for several additional or expanded powers 19 8 and duties. The department may charge reasonable fees, costs, 19 9 expenses, charges, or other amounts to an agency, governmental 19 10 entity, public official, or other person or entity to or for 19 11 whom information technology, intellectual property and 19 12 proprietary interests related to information technology, or 19 13 other services have been provided. The department may also 19 14 provide, sell, lease, license, transfer, or otherwise convey 19 15 or dispose of information technology, intellectual property, 19 16 or other rights with respect thereto to agencies, governmental 19 17 entities, public officials, or other persons or entities. The 19 18 department may additionally establish rates to be charged for 19 19 access to and services provided through IowAccess, enter into 19 20 partnerships, contracts, leases, or other agreements with 19 21 public and private entities for the evaluation and development 19 22 of information technology, including the creation and 19 23 implementation of pilot projects, and initiate and support the 19 24 development of electronic commerce, electronic government, and 19 25 internet applications across participating agencies and other 19 26 governmental entities. 19 27 The bill provides that the department may render an 19 28 information technology charge statement to a list broadened to 19 29 include a public official, or other person or entity to or for 19 30 whom information technology or other services have been 19 31 rendered for a reasonable and necessary amount for information 19 32 technology, value-added services, licenses, or fees for other 19 33 items or services provided by or available through the 19 34 department to the agency or entity. 19 35 The bill provides that the operations revolving fund 20 1 created in the state treasury pursuant to Code section 14B.103 20 2 shall include, in addition to amounts currently authorized, 20 3 gifts, loans, donations, grants, and contributions. The bill 20 4 provides that proceeds of the revolving fund are appropriated 20 5 to and shall be used by the department for operations, 20 6 provided that this shall not limit or restrict the department 20 7 from using proceeds from gifts, loans, donations, grants, and 20 8 contributions to comply with any related instructions. 20 9 The bill provides that powers and duties of the director of 20 10 the department shall include preparing the department's annual 20 11 budget, adopting rules pursuant to Code chapter 17A, and 20 12 recommending legislative proposals directly, rather than in 20 13 the form of a recommendation to the information technology 20 14 council. The bill also provides that the director shall 20 15 prepare and submit for adoption by the information technology 20 16 council a strategic information technology plan which shall 20 17 promote participation in cooperative projects with other 20 18 governmental entities. The bill provides that the plan shall 20 19 establish a mission, goals, and objectives for the use of 20 20 information technology, including goals for electronic access 20 21 to public records, information, and services, and shall be 20 22 prepared biennially, in odd-numbered years, to coincide with 20 23 the beginning of the convening of the general assembly in 20 24 regular session. The bill deletes a provision authorizing an 20 25 appeal of a director's decision to the information technology 20 26 council. 20 27 The bill modifies the membership of the information 20 28 technology council, provides that the council shall biennially 20 29 adopt the strategic information technology plan for the use of 20 30 information technology throughout state government developed 20 31 by the director of the department, and provides that the 20 32 council shall submit recommendations to the department for 20 33 review and establishment of rates. 20 34 The bill removes several previously authorized duties of 20 35 the council, including authority to adopt rules necessary for 21 1 the exercise of the powers and duties granted to the council, 21 2 authority to develop recommended standards with respect to the 21 3 procurement of information technology by participating 21 4 agencies, and the authority to appoint advisory committees to 21 5 assist the information technology council. Additionally, the 21 6 bill provides that the council shall no longer prepare and 21 7 annually update a strategic information technology plan for 21 8 the use of information technology throughout state government, 21 9 but shall instead biennially adopt the plan, which shall now 21 10 be developed by the director of the department. Further, the 21 11 bill provides that the council shall no longer review and 21 12 recommend to the general assembly legislative proposals, and 21 13 provides that the council shall submit recommendations of the 21 14 IowAccess advisory council regarding rates to be charged to 21 15 the department, rather than reporting directly to the 21 16 department of management. Finally, the bill provides that the 21 17 council shall no longer review and approve the annual budget 21 18 recommendation for the department as proposed by the director 21 19 and no longer hears appeals from decisions of the director. 21 20 The bill provides that the department may acquire 21 21 information technology for a governmental entity at the 21 22 entity's request. The bill also provides that the department 21 23 has independent procurement authority regarding the 21 24 acquisition of information technology, notwithstanding the 21 25 provisions of Code chapter 18 or rules adopted thereunder. 21 26 The bill also provides that entering into an agreement 21 27 with, or procuring information technology from, a prequalified 21 28 vendor shall not be considered a sole source contract. The 21 29 bill further provides that the department may dispose of 21 30 information technology to another agency or governmental 21 31 entity in this state by transferring ownership to that agency 21 32 or entity in any manner the department determines appropriate. 21 33 The bill expands the statement of purpose with regard to 21 34 the IowAccess advisory council to include the providing of 21 35 advice and counsel to the department and the information 22 1 technology council regarding fees and services provided 22 2 through IowAccess and other electronic services to citizens. 22 3 The bill additionally provides that IowAccess shall encourage 22 4 and implement access to government and its public records by 22 5 the citizens of this state in a manner which shall reflect the 22 6 diversity of users of electronic services so that the views 22 7 and needs of all the citizens of this state shall be 22 8 represented, and modifies IowAccess advisory council 22 9 membership requirements such that, among other changes, four 22 10 ex officio legislative members shall be deleted. The bill 22 11 provides that a recommendation by the advisory council shall 22 12 require an affirmative action approved and communicated to the 22 13 department by the council. 22 14 The bill deletes a provision which had denied authority to 22 15 the department to determine whether an individual government 22 16 agency should automate records, and providing for the payment 22 17 of the same fee by a person contracting with a government 22 18 agency regarding electronic access to public records as that 22 19 payable by the general public to the extent a public record 22 20 would be utilized by the person in a nongovernmental venture. 22 21 The bill repeals Code sections relating to the 22 22 establishment of departmental divisions and a digital 22 23 government bureau, and development of standards by the 22 24 information technology council. 22 25 LSB 5113XD 79 22 26 rn/pj/5.1
Text: SSB03170 Text: SSB03172 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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