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 24information technology counciltechnology 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 theinformation technology council5 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