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
  6 rn/sh/8

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.
  8  7 LSB 2744HV 81
  8  8 rn:rj/sh/8