House File 792 - Introduced
HOUSE FILE
BY COMMITTEE ON STATE GOVERNMENT
(SUCCESSOR TO HSB 246)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the establishment of a technology governance
2 board within the department of administrative services, and
3 making an appropriation.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2744HV 81
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PAG LIN
1 1 Section 1. Section 8A.201, subsection 2, Code 2005, is
1 2 amended by striking the subsection.
1 3 Sec. 2. Section 8A.201, Code 2005, is amended by adding
1 4 the following new subsection:
1 5 NEW SUBSECTION. 5A. "Technology governance board" means
1 6 the board established in section 8A.204.
1 7 Sec. 3. Section 8A.204, Code 2005, is amended by striking
1 8 the section and inserting in lieu thereof the following:
1 9 8A.204. TECHNOLOGY GOVERNANCE BOARD == MEMBERS == POWERS
1 10 AND DUTIES.
1 11 1. DEFINITIONS. For purposes of this section, unless the
1 12 context otherwise requires:
1 13 a. "Agency" means a participating agency as defined in
1 14 section 8A.201.
1 15 In addition, the following definitions shall also apply:
1 16 (1) "Large agency" means a state agency with more than
1 17 seven hundred full=time, year=round employees.
1 18 (2) "Medium=sized agency" means a state agency with at
1 19 least seventy or more full=time, year=round employees, but not
1 20 more than seven hundred permanent employees.
1 21 (3) "Small agency" means a state agency with less than
1 22 seventy full=time, year=round employees.
1 23 b. "Board" means the technology governance board.
1 24 c. "Department" means the department of administrative
1 25 services, including the information technology enterprise.
1 26 2. MEMBERSHIP.
1 27 a. The technology governance board is composed of ten
1 28 members as follows:
1 29 (1) The director.
1 30 (2) The director of the department of management, or the
1 31 director's designee.
1 32 (3) Eight members appointed by the governor as follows:
1 33 (a) Three representatives from large agencies.
1 34 (b) Two representatives from medium=sized agencies.
1 35 (c) One representative from a small agency.
2 1 (d) Two public members who are knowledgeable and have
2 2 experience in information technology matters.
2 3 b. (1) Members appointed pursuant to paragraph "a",
2 4 subparagraph (3), shall serve two=year staggered terms. The
2 5 department shall provide, by rule, for the commencement of the
2 6 term of membership for the nonpublic members. The terms of
2 7 the public members shall be staggered at the discretion of the
2 8 governor.
2 9 (2) Sections 69.16, 69.16A, and 69.19 shall apply to the
2 10 public members of the board.
2 11 (3) Public members appointed by the governor are subject
2 12 to senate confirmation.
2 13 (4) Public members appointed by the governor may be
2 14 eligible to receive compensation as provided in section 7E.6.
2 15 (5) Members shall be reimbursed for actual and necessary
2 16 expenses incurred in performance of the members' duties.
2 17 (6) A director, deputy director, or chief financial
2 18 officer of an agency is preferred as an appointed
2 19 representative for each of the agency categories of membership
2 20 pursuant to paragraph "a", subparagraph (3).
2 21 c. The director shall serve as the permanent chair of the
2 22 board.
2 23 d. The technology governance board annually shall elect a
2 24 vice chair from among the members of the board, by majority
2 25 vote, to serve a one=year term.
2 26 e. A majority of the members of the board shall constitute
2 27 a quorum.
2 28 f. Meetings of the board shall be held at the call of the
2 29 chairperson or at the request of three members.
2 30 3. POWERS AND DUTIES OF THE BOARD. The powers and duties
2 31 of the technology governance board as they relate to
2 32 information technology services shall include, but are not
2 33 limited to, all of the following:
2 34 a. On an annual basis, prepare a report to the governor,
2 35 the department of management, and the general assembly
3 1 regarding the total spending on technology for the previous
3 2 fiscal year, the total amount appropriated for the current
3 3 fiscal year, and an estimate of the amount to be requested for
3 4 the succeeding fiscal year for all agencies. This report
3 5 shall be filed as soon as possible after the close of a fiscal
3 6 year, and by no later than the second Monday of January of
3 7 each year.
3 8 b. Work with the department of management and the state
3 9 accounting enterprise of the department, pursuant to section
3 10 8A.502, to maintain the relevancy of the central budget and
3 11 proprietary control accounts of the general fund of the state
3 12 and special funds to information technology, as those terms
3 13 are defined in section 8.2, of state government.
3 14 c. Develop and approve administrative rules governing the
3 15 activities of the board. The department shall assist in
3 16 development of the rules and shall adopt the rules under the
3 17 department's name.
3 18 d. In conjunction with the department, develop and adopt
3 19 information technology standards pursuant to section 8A.206
3 20 applicable to all agencies.
3 21 e. Make recommendations to the department regarding all of
3 22 the following:
3 23 (1) Technology utility services to be implemented by the
3 24 department or other agencies.
3 25 (2) Improvements to information technology service levels
3 26 and modifications to the business continuity plan for
3 27 information technology operations developed by the department
3 28 pursuant to section 8A.202 for agencies, and to maximize the
3 29 value of information technology investments by the state.
3 30 (3) Technology initiatives for the executive branch.
3 31 f. Review the recommendations of the IowAccess advisory
3 32 council regarding rates to be charged for access to and for
3 33 value=added services performed through IowAccess, pursuant to
3 34 section 8A.221. The board shall report the establishment of a
3 35 new rate of change in the level of an existing rate to the
4 1 department, which shall notify the department of management
4 2 and the legislative services agency regarding the rate
4 3 establishment or change.
4 4 g. Designate advisory groups as appropriate to assist the
4 5 board in all of the following:
4 6 (1) Development and adoption of an executive branch
4 7 strategic technology plan.
4 8 (2) Annual review of technology operating expenses and
4 9 capital investment budgets of agencies by October 1 for the
4 10 following fiscal year.
4 11 (3) Quarterly review of requested modifications to budgets
4 12 of agencies due to funding changes.
4 13 (4) Review and approval of all requests for proposals
4 14 prior to issuance for all information technology devices,
4 15 hardware acquisition, information technology services,
4 16 software development projects, and information technology
4 17 outsourcing for agencies that exceed the greater of a total
4 18 cost of fifty thousand dollars or a total involvement of seven
4 19 hundred fifty agency staff hours.
4 20 (5) Development of a plan and process to improve service
4 21 levels and continuity of business operations, and to maximize
4 22 the value of information technology investments.
4 23 (6) Formation of internal teams to address cost=savings
4 24 initiatives, including consolidation of information technology
4 25 and related functions among agencies, as enacted by the
4 26 technology governance board.
4 27 (7) Development of information technology standards.
4 28 (8) Development of rules, processes, and procedures for
4 29 implementation of aggregate purchasing among agencies.
4 30 4. FUNDING. Activities of the technology governance board
4 31 shall be funded by the information technology enterprise of
4 32 the department, through the IowAccess revolving fund created
4 33 in section 8A.224, notwithstanding contrary provisions of any
4 34 other law.
4 35 5. RULES. The department shall adopt rules as necessary
5 1 to administer this section, which shall at a minimum,
5 2 consistent with section 8A.221, establish a process for the
5 3 submission to the board of proposed fees for value=added
5 4 services by participating agencies and other governmental
5 5 entities, as well as the board's submission of recommendations
5 6 regarding such fees to the department of management.
5 7 Sec. 4. Section 8A.206, subsection 1, Code 2005, is
5 8 amended to read as follows:
5 9 1. The department shall develop, in consultation with the
5 10 information technology council technology governance board,
5 11 recommended standards for consideration with respect to the
5 12 procurement of information technology by all participating
5 13 agencies. It is the intent of the general assembly that
5 14 information technology standards be established for the
5 15 purpose of guiding such procurements. Such standards, unless
5 16 waived by the department, shall apply to all information
5 17 technology procurements for participating agencies.
5 18 Sec. 5. Section 8A.221, subsection 2, paragraph a,
5 19 subparagraph (1), Code 2005, is amended to read as follows:
5 20 (1) Recommend to the information technology council
5 21 technology governance board rates to be charged for access to
5 22 and for value=added services performed through IowAccess.
5 23 Sec. 6. Section 8A.224, Code 2005, is amended to read as
5 24 follows:
5 25 8A.224 IOWACCESS REVOLVING FUND.
5 26 1. An IowAccess revolving fund is created in the state
5 27 treasury. The revolving fund shall be administered by the
5 28 department and shall consist of moneys collected by the
5 29 department as fees, moneys appropriated by the general
5 30 assembly, and any other moneys obtained or accepted by the
5 31 department for deposit in the revolving fund. The proceeds of
5 32 the revolving fund are appropriated to and shall be used by
5 33 the department to maintain, develop, operate, and expand
5 34 IowAccess consistent with this subchapter, and for the support
5 35 of activities of the technology governance board pursuant to
6 1 section 8A.204.
6 2 2. The department shall submit an annual report not later
6 3 than January 31 to the members of the general assembly and the
6 4 legislative services agency of the activities funded by and
6 5 expenditures made from the revolving fund during the preceding
6 6 fiscal year. Section 8.33 does not apply to any moneys in the
6 7 revolving fund and, notwithstanding section 12C.7, subsection
6 8 2, earnings or interest on moneys deposited in the revolving
6 9 fund shall be credited to the revolving fund.
6 10 Sec. 7. TECHNOLOGY GOVERNANCE BOARD FUNDING. Of the funds
6 11 appropriated pursuant to section 8A.224, an amount not to
6 12 exceed two hundred fifty thousand dollars may be used by the
6 13 department of administrative services during the fiscal year
6 14 beginning July 1, 2005, and ending June 30, 2006, for the
6 15 support of activities of the technology governance board
6 16 pursuant to section 8A.204.
6 17 Sec. 8. TECHNOLOGY GOVERNANCE BOARD == TRANSITION ==
6 18 INITIAL TERMS OF MEMBERSHIP.
6 19 1. The information technology council established by
6 20 section 8A.204, Code 2005, is dissolved.
6 21 2. The former public members of the information technology
6 22 council appointed by the governor may be appointed to the
6 23 technology governance board created by section 8A.204 to fill
6 24 the public member positions on that board. The governor may
6 25 designate the initial length of terms of such members to
6 26 provide for staggering of terms of representation, pursuant to
6 27 section 8A.204.
6 28 3. Notwithstanding section 8A.204, one=half of the initial
6 29 terms of membership for agency representatives to the
6 30 technology governance board shall be two years, and one=half
6 31 shall be one year, as designated by the governor, to initiate
6 32 the staggering of member terms under section 8A.204.
6 33 4. Notwithstanding section 8A.204, subsection 2, paragraph
6 34 "f", the technology governance board shall meet no less than
6 35 monthly for the one=year period following the appointment of
7 1 all members.
7 2 EXPLANATION
7 3 This bill establishes a new technology governance board
7 4 within the department of administrative services.
7 5 The bill provides that the technology governance board
7 6 shall be comprised of 10 members, including eight
7 7 representatives from state agencies of designated sizes and
7 8 two public members. Six agency representatives and the two
7 9 public members are appointed by the governor for two=year
7 10 terms. The director of the department of administrative
7 11 services is designated as the permanent chairperson of the
7 12 board.
7 13 The bill specifies the duties of the board to include
7 14 preparing an annual report for the governor and the general
7 15 assembly regarding the total amount spent on technology for
7 16 the previous fiscal year, the total amount appropriated for
7 17 technology for the current fiscal year, and an estimate of the
7 18 amount to be requested for technology for the succeeding
7 19 fiscal year for all agencies. The board is authorized to
7 20 develop and approve administrative rules governing the board
7 21 to be adopted under the name of the department of
7 22 administrative services. The board is also authorized to
7 23 develop and adopt information technology standards applicable
7 24 to all participating agencies, and to designate advisory
7 25 groups as necessary and appropriate to assist the board.
7 26 The bill provides that the activities of the board are to
7 27 be funded out of the IowAccess revolving fund. The bill
7 28 provides that for FY 2005=2006, of the funds appropriated for
7 29 IowAccess, an amount not to exceed $250,000 may be used by the
7 30 department of administrative services to support the
7 31 activities of the technology governance board.
7 32 The bill also eliminates the current information technology
7 33 council and transfers most of its duties to the new technology
7 34 governance board. The bill provides for transitional
7 35 provisions relating to formation of the board. These include
8 1 making the current public members of the information
8 2 technology council appointed by the governor eligible to be
8 3 appointed to the new technology governance board to fill the
8 4 public member positions, initial terms of membership, and
8 5 frequency of meetings during the one=year period following the
8 6 appointment of all members.
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