House File 865 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON WAYS AND MEANS

                                       (SUCCESSOR TO HSB 292)


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to elected county officers' associations and to
  2    the county recorders' county land record information system
  3    project and providing an effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 3498HV 81
  6 eg/sh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  12B.6  CERTAIN PUBLIC FUNDS OF
  1  2 POLITICAL SUBDIVISIONS.
  1  3    All funds received, expended, or held by an association of
  1  4 elected county officers before, on, or after the effective
  1  5 date of this Act, to implement a state=authorized program, are
  1  6 subject to audit by the auditor of state at the request of the
  1  7 government oversight committees or the legislative council.
  1  8 All such funds received or held on and after July 1, 2005,
  1  9 shall be deposited in a fund in the office of the treasurer of
  1 10 state.
  1 11    Sec. 2.  Section 331.605C, subsection 4, Code 2005, is
  1 12 amended to read as follows:
  1 13    4.  The local government electronic transaction fund is
  1 14 established in the office of the treasurer of state under the
  1 15 control of the treasurer of state.  Moneys deposited into the
  1 16 fund are not subject to section 8.33.  Notwithstanding section
  1 17 12C.7, interest or earnings on moneys in the local government
  1 18 electronic transaction fund shall be credited to the fund.
  1 19 Moneys in the local government electronic transaction fund are
  1 20 not subject to transfer, appropriation, or reversion to any
  1 21 other fund, or any other use except as provided in this
  1 22 subsection.  On a monthly basis, the county treasurer shall
  1 23 pay each fee collected pursuant to subsection 2 to the
  1 24 treasurer of state for deposit into the local government
  1 25 electronic transaction fund.  Moneys credited to the local
  1 26 government electronic transaction fund are appropriated to the
  1 27 treasurer of state to be used for the purpose of paying the
  1 28 ongoing costs of integrating and maintaining the statewide
  1 29 internet website developed and implemented under subsection 1.
  1 30    Sec. 3.  DEPARTMENT OF ADMINISTRATIVE SERVICES REVIEW.
  1 31    1.  The information technology enterprise in the department
  1 32 of administrative services shall commence a review and
  1 33 assessment of the implementation of the county land record
  1 34 information system created pursuant to section 331.605C and a
  1 35 data security audit.  The review and assessment shall include
  2  1 but not be limited to a review of the functional and system
  2  2 requirements, design documentation, software code developed to
  2  3 support the business requirements, operational procedures,
  2  4 financial flows including a financial forecast, requests for
  2  5 proposals, and all contracts.  The data security audit shall
  2  6 be completed separately, but in conjunction with the system
  2  7 review and assessment.
  2  8    2.  The information technology enterprise shall be paid for
  2  9 the costs of the assessment and audit based on the
  2 10 enterprise's published rates.  Payments shall be made from
  2 11 funds collected pursuant to section 331.605C, subsection 2,
  2 12 and deposited with the treasurer of state.
  2 13    3.  The information technology enterprise shall provide at
  2 14 minimum two updates to the government oversight committees
  2 15 regarding the progress of the review and assessment on or
  2 16 before December 1, 2005.  The government oversight committees
  2 17 may request additional updates.
  2 18    4.  The information technology enterprise shall provide a
  2 19 final report regarding the activities completed pursuant to
  2 20 this section, including any recommendations, by no later than
  2 21 December 30, 2005.
  2 22    5.  The department of administrative services shall
  2 23 facilitate dialogue to integrate the county land record
  2 24 information system created pursuant to section 331.605C with
  2 25 electronic government internet applications of county
  2 26 treasurers, county recorders, county auditors, and county
  2 27 assessors.  The department shall file an integration plan with
  2 28 the general assembly on or before November 1, 2005.  The plan
  2 29 shall include integration concepts of the county treasurers,
  2 30 county recorders, county auditors, and county assessors.
  2 31    Sec. 4.  COUNTY LAND RECORD INFORMATION SYSTEM ==
  2 32 ADDITIONAL PROVISIONS.
  2 33    1.  The board of supervisors of each county, on behalf of
  2 34 each county recorder, shall execute a chapter 28E agreement
  2 35 with the Iowa county recorders association for the
  3  1 implementation of the county land record information system.
  3  2 Such agreement shall require the Iowa county recorders
  3  3 association to execute contracts necessary for implementation
  3  4 of the county land record information system.  The department
  3  5 of administrative services shall prescribe a uniform chapter
  3  6 28E agreement to be used by the counties, allowing for
  3  7 variances as to each county.  The Iowa county recorders
  3  8 association shall submit to the general assembly on or before
  3  9 November 1, 2005, a long=range business plan for implementing
  3 10 and maintaining the county land record information system,
  3 11 including a plan for integrating the system with electronic
  3 12 government and internet applications of other governmental
  3 13 entities.
  3 14    2.  The auditor of state shall conduct an audit of the fees
  3 15 collected pursuant to section 331.605C for the purpose of
  3 16 determining the amount of fees collected and the uses for
  3 17 which such fees have been and are being expended.  Audit
  3 18 results shall be filed with the general assembly on or before
  3 19 November 1, 2005.  The cost of the audit, not to exceed five
  3 20 thousand dollars, shall be paid from the local government
  3 21 electronic transaction fund in the office of the treasurer of
  3 22 state.
  3 23    3.  County recorders shall collect only statutorily
  3 24 authorized fees for land records management.  County recorders
  3 25 shall not collect fees for viewing, accessing, or printing
  3 26 electronic land management documents until authorized by the
  3 27 general assembly.
  3 28    4.  The Iowa state association of counties shall provide
  3 29 information to the government oversight committees and the
  3 30 department of administrative services on or before July 1,
  3 31 2005, defining all types of land management records,
  3 32 identifying each county or state office that holds such
  3 33 records, and specifying the fees associated with each of the
  3 34 different types of records.
  3 35    5.  The fees collected, including those previously
  4  1 collected and deposited locally, pursuant to section 331.605C,
  4  2 shall be transferred to the treasurer of state for deposit
  4  3 into the local government electronic transaction fund.
  4  4    Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of
  4  5 immediate importance, takes effect upon enactment.
  4  6                           EXPLANATION
  4  7    This bill relates to elected county officers' associations
  4  8 and the county land record information system (CLRIS) project.
  4  9    The bill requires that funds held by an association of
  4 10 elected county officers to implement a state=authorized
  4 11 program are subject to audit and such funds received or held
  4 12 on July 1, 2005, shall be deposited with the treasurer of
  4 13 state.
  4 14    The bill requires that the department of administrative
  4 15 services facilitate dialogue to integrate the CLRIS project
  4 16 with electronic government internet applications of county
  4 17 treasurers, county recorders, county auditors, and county
  4 18 assessors.  The department shall file an integration plan with
  4 19 the general assembly on or before November 1, 2005.  The plan
  4 20 shall include integration concepts of the county treasurers,
  4 21 county recorders, county auditors, and county assessors.
  4 22    The bill also requires that the board of supervisors of
  4 23 each county, on behalf of each county recorder, execute a Code
  4 24 chapter 28E agreement with the Iowa county recorders
  4 25 association for the implementation of CLRIS.  Such agreement
  4 26 shall require the Iowa county recorders association to execute
  4 27 contracts necessary for implementation of CLRIS.  The
  4 28 association is required to file a long=range business plan
  4 29 with the general assembly by November 1, 2005.
  4 30    The bill requires that the auditor of state conduct an
  4 31 audit of the fees collected and expended for the CLRIS
  4 32 project.  The results of the audit shall be filed with the
  4 33 general assembly by November 1, 2005.
  4 34    The cost of the audit, not to exceed $5,000, shall be paid
  4 35 from the local government electronic transaction fund.  The
  5  1 county recorders shall collect only statutorily authorized
  5  2 fees for land records management.  The bill prohibits county
  5  3 recorders from collecting other electronic land management
  5  4 fees until authorized by the general assembly.
  5  5    The bill provides that the $1 fee collected pursuant to
  5  6 Code section 331.605C, subsection 2, is for the purpose of
  5  7 paying the ongoing costs of integrating and maintaining CLRIS.
  5  8    The bill requires the Iowa state association of counties to
  5  9 provide information on land management records to the
  5 10 government oversight committees and the department of
  5 11 administrative services on or before July 1, 2005.
  5 12    The bill requires that the information technology
  5 13 enterprise in the department of administrative services
  5 14 commence a review and an assessment of the implementation of
  5 15 CLRIS and a data security audit.  The enterprise shall be paid
  5 16 for the costs of the assessment and audit.  On or before
  5 17 December 1, 2005, the enterprise shall provide updates on the
  5 18 assessment and audit to the government oversight committees.
  5 19 The enterprise shall provide a final report by December 30,
  5 20 2005.
  5 21    The bill takes effect upon enactment.
  5 22 LSB 3498HV 81
  5 23 eg:rj/sh/8