House File 839 - Enrolled

PAG LIN

  1  1                                             HOUSE FILE 839
  1  2
  1  3                             AN ACT
  1  4 PROVIDING FOR THE ESTABLISHMENT OF A TECHNOLOGY GOVERNANCE
  1  5    BOARD WITHIN THE DEPARTMENT OF ADMINISTRATIVE SERVICES, AND
  1  6    MAKING AN APPROPRIATION.
  1  7
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9
  1 10    Section 1.  Section 8A.201, subsection 2, Code 2005, is
  1 11 amended by striking the subsection.
  1 12    Sec. 2.  Section 8A.201, Code 2005, is amended by adding
  1 13 the following new subsection:
  1 14    NEW SUBSECTION.  5A.  "Technology governance board" means
  1 15 the board established in section 8A.204.
  1 16    Sec. 3.  Section 8A.204, Code 2005, is amended by striking
  1 17 the section and inserting in lieu thereof the following:
  1 18    8A.204  TECHNOLOGY GOVERNANCE BOARD == MEMBERS == POWERS
  1 19 AND DUTIES.
  1 20    1.  DEFINITIONS.  For purposes of this section, unless the
  1 21 context otherwise requires:
  1 22    a.  "Agency" means a participating agency as defined in
  1 23 section 8A.201.
  1 24    In addition, the following definitions shall also apply:
  1 25    (1)  "Large agency" means a state agency with more than
  1 26 seven hundred full=time, year=round employees.
  1 27    (2)  "Medium=sized agency" means a state agency with at
  1 28 least seventy or more full=time, year=round employees, but not
  1 29 more than seven hundred permanent employees.
  1 30    (3)  "Small agency" means a state agency with less than
  1 31 seventy full=time, year=round employees.
  1 32    b.  "Board" means the technology governance board.
  1 33    c.  "Department" means the department of administrative
  1 34 services, including the information technology enterprise.
  1 35    2.  MEMBERSHIP.
  2  1    a.  The technology governance board is composed of ten
  2  2 members as follows:
  2  3    (1)  The director.
  2  4    (2)  The director of the department of management, or the
  2  5 director's designee.
  2  6    (3)  Eight members appointed by the governor as follows:
  2  7    (a)  Three representatives from large agencies.
  2  8    (b)  Two representatives from medium=sized agencies.
  2  9    (c)  One representative from a small agency.
  2 10    (d)  Two public members who are knowledgeable and have
  2 11 experience in information technology matters.
  2 12    b.  (1)  Members appointed pursuant to paragraph "a",
  2 13 subparagraph (3), shall serve two=year staggered terms.  The
  2 14 department shall provide, by rule, for the commencement of the
  2 15 term of membership for the nonpublic members.  The terms of
  2 16 the public members shall be staggered at the discretion of the
  2 17 governor.
  2 18    (2)  Sections 69.16, 69.16A, and 69.19 shall apply to the
  2 19 public members of the board.
  2 20    (3)  Public members appointed by the governor are subject
  2 21 to senate confirmation.
  2 22    (4)  Public members appointed by the governor may be
  2 23 eligible to receive compensation as provided in section 7E.6.
  2 24    (5)  Members shall be reimbursed for actual and necessary
  2 25 expenses incurred in performance of the members' duties.
  2 26    (6)  A director, deputy director, or chief financial
  2 27 officer of an agency is preferred as an appointed
  2 28 representative for each of the agency categories of membership
  2 29 pursuant to paragraph "a", subparagraph (3).
  2 30    c.  The director shall serve as the permanent chair of the
  2 31 board.
  2 32    d.  The technology governance board annually shall elect a
  2 33 vice chair from among the members of the board, by majority
  2 34 vote, to serve a one=year term.
  2 35    e.  A majority of the members of the board shall constitute
  3  1 a quorum.
  3  2    f.  Meetings of the board shall be held at the call of the
  3  3 chairperson or at the request of three members.
  3  4    3.  POWERS AND DUTIES OF THE BOARD.  The powers and duties
  3  5 of the technology governance board as they relate to
  3  6 information technology services shall include, but are not
  3  7 limited to, all of the following:
  3  8    a.  On an annual basis, prepare a report to the governor,
  3  9 the department of management, and the general assembly
  3 10 regarding the total spending on technology for the previous
  3 11 fiscal year, the total amount appropriated for the current
  3 12 fiscal year, and an estimate of the amount to be requested for
  3 13 the succeeding fiscal year for all agencies.  The report shall
  3 14 include a five=year projection of technology cost savings, an
  3 15 accounting of the level of technology cost savings for the
  3 16 current fiscal year, and a comparison of the level of
  3 17 technology cost savings for the current fiscal year with that
  3 18 of the previous fiscal year.  This report shall be filed as
  3 19 soon as possible after the close of a fiscal year, and by no
  3 20 later than the second Monday of January of each year.
  3 21    b.  Work with the department of management and the state
  3 22 accounting enterprise of the department, pursuant to section
  3 23 8A.502, to maintain the relevancy of the central budget and
  3 24 proprietary control accounts of the general fund of the state
  3 25 and special funds to information technology, as those terms
  3 26 are defined in section 8.2, of state government.
  3 27    c.  Develop and approve administrative rules governing the
  3 28 activities of the board.  The department shall assist in
  3 29 development of the rules and shall adopt the rules under the
  3 30 department's name.
  3 31    d.  In conjunction with the department, develop and adopt
  3 32 information technology standards pursuant to section 8A.206
  3 33 applicable to all agencies.
  3 34    e.  Make recommendations to the department regarding all of
  3 35 the following:
  4  1    (1)  Technology utility services to be implemented by the
  4  2 department or other agencies.
  4  3    (2)  Improvements to information technology service levels
  4  4 and modifications to the business continuity plan for
  4  5 information technology operations developed by the department
  4  6 pursuant to section 8A.202 for agencies, and to maximize the
  4  7 value of information technology investments by the state.
  4  8    (3)  Technology initiatives for the executive branch.
  4  9    f.  Review the recommendations of the IowAccess advisory
  4 10 council regarding rates to be charged for access to and for
  4 11 value=added services performed through IowAccess, pursuant to
  4 12 section 8A.221.  The board shall report the establishment of a
  4 13 new rate of change in the level of an existing rate to the
  4 14 department, which shall notify the department of management
  4 15 and the legislative services agency regarding the rate
  4 16 establishment or change.
  4 17    g.  Designate advisory groups as appropriate to assist the
  4 18 board in all of the following:
  4 19    (1)  Development and adoption of an executive branch
  4 20 strategic technology plan.
  4 21    (2)  Annual review of technology operating expenses and
  4 22 capital investment budgets of agencies by October 1 for the
  4 23 following fiscal year, and development of technology costs
  4 24 savings projections, accountings, and comparisons.
  4 25    (3)  Quarterly review of requested modifications to budgets
  4 26 of agencies due to funding changes.
  4 27    (4)  Review and approval of all requests for proposals
  4 28 prior to issuance for all information technology devices,
  4 29 hardware acquisition, information technology services,
  4 30 software development projects, and information technology
  4 31 outsourcing for agencies that exceed the greater of a total
  4 32 cost of fifty thousand dollars or a total involvement of seven
  4 33 hundred fifty agency staff hours.
  4 34    (5)  Development of a plan and process to improve service
  4 35 levels and continuity of business operations, and to maximize
  5  1 the value of information technology investments.
  5  2    (6)  Formation of internal teams to address cost=savings
  5  3 initiatives, including consolidation of information technology
  5  4 and related functions among agencies, as enacted by the
  5  5 technology governance board.
  5  6    (7)  Development of information technology standards.
  5  7    (8)  Development of rules, processes, and procedures for
  5  8 implementation of aggregate purchasing among agencies.
  5  9    4.  FUNDING.  Activities of the technology governance board
  5 10 shall be funded by the information technology enterprise of
  5 11 the department, through the IowAccess revolving fund created
  5 12 in section 8A.224, notwithstanding contrary provisions of any
  5 13 other law.
  5 14    5.  RULES.  The department shall adopt rules as necessary
  5 15 to administer this section, which shall at a minimum,
  5 16 consistent with section 8A.221, establish a process for the
  5 17 submission to the board of proposed fees for value=added
  5 18 services by participating agencies and other governmental
  5 19 entities, as well as the board's submission of recommendations
  5 20 regarding such fees to the department of management.
  5 21    Sec. 4.  Section 8A.206, subsection 1, Code 2005, is
  5 22 amended to read as follows:
  5 23    1.  The department shall develop, in consultation with the
  5 24 information technology council technology governance board,
  5 25 recommended standards for consideration with respect to the
  5 26 procurement of information technology by all participating
  5 27 agencies.  It is the intent of the general assembly that
  5 28 information technology standards be established for the
  5 29 purpose of guiding such procurements.  Such standards, unless
  5 30 waived by the department, shall apply to all information
  5 31 technology procurements for participating agencies.
  5 32    Sec. 5.  Section 8A.221, subsection 2, paragraph a,
  5 33 subparagraph (1), Code 2005, is amended to read as follows:
  5 34    (1)  Recommend to the information technology council
  5 35 technology governance board rates to be charged for access to
  6  1 and for value=added services performed through IowAccess.
  6  2    Sec. 6.  Section 8A.224, Code 2005, is amended to read as
  6  3 follows:
  6  4    8A.224  IOWACCESS REVOLVING FUND.
  6  5    1.  An IowAccess revolving fund is created in the state
  6  6 treasury.  The revolving fund shall be administered by the
  6  7 department and shall consist of moneys collected by the
  6  8 department as fees, moneys appropriated by the general
  6  9 assembly, and any other moneys obtained or accepted by the
  6 10 department for deposit in the revolving fund.  The proceeds of
  6 11 the revolving fund are appropriated to and shall be used by
  6 12 the department to maintain, develop, operate, and expand
  6 13 IowAccess consistent with this subchapter, and for the support
  6 14 of activities of the technology governance board pursuant to
  6 15 section 8A.204.
  6 16    2.  The department shall submit an annual report not later
  6 17 than January 31 to the members of the general assembly and the
  6 18 legislative services agency of the activities funded by and
  6 19 expenditures made from the revolving fund during the preceding
  6 20 fiscal year.  Section 8.33 does not apply to any moneys in the
  6 21 revolving fund and, notwithstanding section 12C.7, subsection
  6 22 2, earnings or interest on moneys deposited in the revolving
  6 23 fund shall be credited to the revolving fund.
  6 24    Sec. 7.  TECHNOLOGY GOVERNANCE BOARD FUNDING.  Of the funds
  6 25 appropriated pursuant to section 8A.224, an amount not to
  6 26 exceed two hundred fifty thousand dollars may be used by the
  6 27 department of administrative services during the fiscal year
  6 28 beginning July 1, 2005, and ending June 30, 2006, for the
  6 29 support of activities of the technology governance board
  6 30 pursuant to section 8A.204.
  6 31    Sec. 8.  TECHNOLOGY GOVERNANCE BOARD == TRANSITION ==
  6 32 INITIAL TERMS OF MEMBERSHIP.
  6 33    1.  The information technology council established by
  6 34 section 8A.204, Code 2005, is dissolved.
  6 35    2.  The former public members of the information technology
  7  1 council appointed by the governor may be appointed to the
  7  2 technology governance board created by section 8A.204 to fill
  7  3 the public member positions on that board.  The governor may
  7  4 designate the initial length of terms of such members to
  7  5 provide for staggering of terms of representation, pursuant to
  7  6 section 8A.204.
  7  7    3.  Notwithstanding section 8A.204, one=half of the initial
  7  8 terms of membership for agency representatives to the
  7  9 technology governance board shall be two years, and one=half
  7 10 shall be one year, as designated by the governor, to initiate
  7 11 the staggering of member terms under section 8A.204.
  7 12    4.  Notwithstanding section 8A.204, subsection 2, paragraph
  7 13 "f", the technology governance board shall meet no less than
  7 14 monthly for the one=year period following the appointment of
  7 15 all members.
  7 16
  7 17                                                             
  7 18                               CHRISTOPHER C. RANTS
  7 19                               Speaker of the House
  7 20
  7 21
  7 22                                                             
  7 23                               JOHN P. KIBBIE
  7 24                               President of the Senate
  7 25
  7 26    I hereby certify that this bill originated in the House and
  7 27 is known as House File 839, Eighty=first General Assembly.
  7 28
  7 29
  7 30                                                             
  7 31                               MARGARET THOMSON
  7 32                               Chief Clerk of the House
  7 33 Approved                , 2005
  7 34
  7 35
  8  1                            
  8  2 THOMAS J. VILSACK
  8  3 Governor