Text: SSB03170                          Text: SSB03172
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 3171

Bill Text

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, or independent agency, or establishment of
  1  6 state government as defined in section 7E.4, including but not
  1  7 limited to each principal central department enumerated in
  1  8 section 7E.5 sections 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; or any 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 information which requires
  1 33 special sorts or 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 to participating
  2  9 agencies and other governmental entities as provided in this
  2 10 chapter.
  2 11    b.  Implementing the strategic information technology plan
  2 12 as 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 standards
  2 18 for Prescribing 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, which when implemented shall 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 30 information technology standards as established pursuant to
  2 31 this chapter which are applicable to information technology
  2 32 procurements for participating agencies the 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 implementing Prescribing 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 shall develop prescribe 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 determination
  3 25 that the request meets such standards, the information
  3 26 technology shall be procured for the participating agency by
  3 27 the department of general services.  Nothing in this chapter
  3 28 shall be construed to prohibit or limit a participating agency
  3 29 from entering into an agreement or contract for information
  3 30 technology with a qualified private entity.
  3 31    i.  Entering into agreements pursuant to chapter 28D or
  3 32 28E, or contracts, 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 the
  4  2 department of revenue and finance and the department of
  4  3 general services, an inventory of information technology
  4  4 devices used by participating agencies and other governmental
  4  5 entities using the information technology department's
  4  6 services.  The information technology department may request
  4  7 Requesting that a participating agency to provide such
  4  8 information as is necessary to establish and maintain an
  4  9 inventory as required under this paragraph of 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.  Charging a negotiated fee, to recover a share of the
  4 23 costs related to the research and development, initial
  4 24 production, and derivative products of the department's
  4 25 proprietary software and hardware, information technology
  4 26 architecture design, and proprietary technology applications
  4 27 developed to support authorized users, to private vendors and
  4 28 to other political entities and subdivisions, including but
  4 29 not limited to states, territories, protectorates, and foreign
  4 30 countries reasonable 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  8 The provisions of chapter 23A relating to noncompetition by
  5  9 state agencies and political subdivisions with private
  5 10 enterprise shall not apply to department activities authorized
  5 11 under 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.  SERVICE INFORMATION TECHNOLOGY CHARGES.  The department
  6  5 shall render a statement to a participating an agency, or
  6  6 other governmental entity for a reasonable and necessary
  6  7 amount for information technology provided by the department
  6  8 to 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.  An Such an agency, governmental entity, public
  6 13 official, or other person or entity shall pay an amount
  6 14 indicated on a such statement rendered to a participating
  6 15 agency or other governmental entity shall be paid by such
  6 16 agency or entity in a manner determined by the department of
  6 17 revenue and finance.  Amounts charged and paid pursuant to
  6 18 this subsection shall be deposited in the operations revolving
  6 19 fund 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 department for 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 shall do all of include, but are
  7 15 not limited to, all of the following:
  7 16    a.  Plan, direct, coordinate, and execute Planning,
  7 17 directing, coordinating, and executing the functions necessary
  7 18 to carry out the duties of the department.
  7 19    b.  Provide Providing overall supervision, direction, and
  7 20 coordination of functions of the department.
  7 21    c.  Employ Employing personnel as necessary to carry out
  7 22 the functions vested in the department consistent with chapter
  7 23 19A and enhance enhancing the recruitment, retention, and
  7 24 training of professional staff.
  7 25    d.  Supervise Supervising and manage managing employees of
  7 26 the department, and provide providing 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 to Preparing the information technology
  7 30 council an annual budget for the department.
  7 31    f.  Recommend to the information technology council
  7 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 35    g.  Recommend to the information technology council
  8  1 information technology standards.
  8  2    h. g.  Develop Establishing, prescribing, and implement
  8  3 implementing operational policies of the department and be
  8  4 being responsible for the day-to-day operations of the
  8  5 department.
  8  6    i. h.  Develop Developing and recommend to the information
  8  7 technology council recommending legislative proposals deemed
  8  8 necessary for the continued efficiency of department
  8  9 functions, and review reviewing legislative proposals
  8 10 generated outside of the department which are related to
  8 11 matters within the department's purview.
  8 12    j. i.  Provide Providing advice to the governor on issues
  8 13 related to information technology.
  8 14    k. j.  Consult Consulting with agencies and other
  8 15 governmental entities on issues relating to information
  8 16 technology.
  8 17    l. k.  Work with all governmental entities in an effort to
  8 18 achieve the information technology goals established by the
  8 19 information 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 of seventeen fourteen members including the following:
  9  3    (1)  The director of the information technology department.
  9  4    (2)  The administrator of the public broadcasting division
  9  5 of 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 of
  9  9 economic development.
  9 10    (5)  The executive director of the Iowa communications
  9 11 network, 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)  Five Six 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 to
 10  3 paragraph "a", subparagraphs (3) through (7), shall not serve
 10  4 consecutive 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 11 other than the director of the information technology
 10 12 department.  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 17 all of the following:
 10 18    a.  Adopt rules in accordance with chapter 17A which are
 10 19 necessary for the exercise of the powers and duties granted by
 10 20 this chapter and the proper administration of the department.
 10 21    b.  Develop recommended standards for consideration with
 10 22 respect to the procurement of information technology by all
 10 23 participating agencies.
 10 24    c.  Appoint advisory committees as appropriate to assist
 10 25 the information technology council in developing strategies
 10 26 for the use and provision of information technology and
 10 27 establishing other advisory committees as necessary to assist
 10 28 the information technology council in carrying out its duties
 10 29 under this chapter.  The number of advisory committees and
 10 30 their membership shall be determined by the information
 10 31 technology council to assure that the public and agencies and
 10 32 other governmental entities have an opportunity to comment on
 10 33 the services provided and the service goals and objectives of
 10 34 the department.
 10 35    d. a.  Prepare and annually update a Biennially 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 promote
 11  5 participation in cooperative projects with other governmental
 11  6 entities.  The plan shall establish a mission, goals, and
 11  7 objectives for the use of information technology, including
 11  8 goals for electronic access to public records, information,
 11  9 and services.  The plan shall be submitted annually biennially
 11 10 to the governor and the general assembly.
 11 11    e.  Review and recommend to the general assembly, as deemed
 11 12 appropriate by the information technology council, legislative
 11 13 proposals recommended by the director, or other legislative
 11 14 proposals as developed and deemed necessary by the information
 11 15 technology council.
 11 16    f. 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.  The information technology council department 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 25    g.  Review and approve, as deemed appropriate by the
 11 26 information technology council, the annual budget
 11 27 recommendation 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.  Standards established prescribed and rules adopted
 11 35 by the information technology council department, unless
 12  1 waived pursuant to section 14B.105 14B.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 the information
 12  9 technology department's standards established by the
 12 10 information technology council and 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, shall may 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 standards established by the information
 12 18 technology council prescribed 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 the information technology by the
 12 24 information technology council standards established
 12 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.  The information technology department shall
 12 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 with such standards 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  3 14B.105 14B.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 contractors with
 13 11 regarding agreements which the department has entered into or
 13 12 intends to enter into agreements regarding 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 manner as provided in this section.  The department, as deemed
 13 27 appropriate 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 entity for the purpose of pooling funds for
 14  1 relating to the purchase procurement of information
 14  2 technology, whether such information technology is for the use
 14  3 of the department or multiple other 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 another state
 14 15 agency or political subdivision of this state agency 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 the purchase procurement 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, in
 15  1 the same manner and subject to the same limitations as the
 15  2 department of general services subject 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.  The
 15 19 information technology council, in establishing the fees for
 15 20 value-added services, shall consider the reasonable cost of
 15 21 creating and organizing such government information through
 15 22 IowAccess.  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)  Recommend Provide 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 services performed
 16  2 provided through IowAccess and other electronic services.
 16  3    (2)  Recommend Provide 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)  Recommend Provide 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 recommend Provide 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 the
 16 19 information technology council all rules to be adopted by the
 16 20 information 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)  Other Perform other duties as assigned by the
 16 29 information technology council or the director.
 16 30    b.  The advisory council shall also 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, and encourage 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 the primary customers of IowAccess and lawful custodians of
 17 16 IowAccess public records, five of whom shall represent primary
 17 17 customers of IowAccess and four of whom shall represent lawful
 17 18 custodians.  The four lawful custodians of IowAccess shall
 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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