House File 2546 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON STATE
                                           GOVERNMENT

                                       (SUCCESSOR TO HSB 709)


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

                                      A BILL FOR

  1 An Act concerning department of administrative services
  2    operations.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5424HV 82
  5 ec/nh/5

PAG LIN



  1  1    Section 1.  Section 8.6, Code Supplement 2007, is amended
  1  2 by adding the following new subsection:
  1  3    NEW SUBSECTION.  16.  DESIGNATION OF SERVICES == FUNDING ==
  1  4 CUSTOMER COUNCILS.
  1  5    a.  Establish a process by which the department, in
  1  6 consultation with the department of administrative services,
  1  7 shall determine which services provided by the department of
  1  8 administrative services shall be funded by an appropriation
  1  9 and which services shall be funded by the governmental entity
  1 10 receiving the service.
  1 11    b.  Establish a process for determining whether the
  1 12 department of administrative services shall be the sole
  1 13 provider of a service for purposes of those services which the
  1 14 department determines under paragraph "a" are to be funded by
  1 15 the governmental entities receiving the service.
  1 16    c.  Establish, by rule, a customer council responsible for
  1 17 overseeing the services provided solely by the department of
  1 18 administrative services.  The rules adopted shall provide for
  1 19 all of the following:
  1 20    (1)  The method of appointment of members to the council by
  1 21 the governmental entities required to receive the services.
  1 22    (2)  The duties of the customer council which shall be as
  1 23 follows:
  1 24    (a)  Annual review and approval of the department of
  1 25 administrative services' business plan regarding services
  1 26 provided solely by the department of administrative services.
  1 27    (b)  Annual review and approval of the procedure for
  1 28 resolving complaints concerning services provided by the
  1 29 department of administrative services.
  1 30    (c)  Annual review and approval of the procedure for
  1 31 setting rates for the services provided solely by the
  1 32 department of administrative services.
  1 33    (3)  A process for receiving input from affected
  1 34 governmental entities as well as for a biennial review by the
  1 35 customer council of the determinations made by the department
  2  1 of which services are funded by an appropriation to the
  2  2 department of administrative services and which services are
  2  3 funded by the governmental entities receiving the service,
  2  4 including any recommendations as to whether the department of
  2  5 administrative services shall be the sole provider of a
  2  6 service funded by the governmental entities receiving the
  2  7 service.  The department, in consultation with the department
  2  8 of administrative services, may change the determination of a
  2  9 service if it is determined that the change is in the best
  2 10 interests of those governmental entities receiving the
  2 11 service.
  2 12    d.  If a service to be provided may also be provided to the
  2 13 judicial branch and legislative branch, then the rules shall
  2 14 provide that the chief justice of the supreme court and the
  2 15 legislative council may, in their discretion, each appoint a
  2 16 member to the customer council.
  2 17    Sec. 2.  NEW SECTION.  8A.111  REPORTS REQUIRED.
  2 18    The department shall provide all of the following reports:
  2 19    1.  An annual report of the department as required under
  2 20 section 7E.3, subsection 4.
  2 21    2.  Internal service fund service business plans and
  2 22 financial reports as required under section 8A.123, subsection
  2 23 5, paragraph "a", and an annual internal service fund
  2 24 expenditure report as required under section 8A.123,
  2 25 subsection 5, paragraph "b".
  2 26    3.  An annual report regarding total spending on technology
  2 27 as required under section 8A.204, subsection 3, paragraph "a".
  2 28    4.  An annual report of expenditures from the IowAccess
  2 29 revolving fund as provided in section 8A.224.
  2 30    5.  A technology audit of the electronic transmission
  2 31 system as required under section 8A.223.
  2 32    6.  An annual report on state purchases of recycled and
  2 33 soybean=based products as required under section 8A.315,
  2 34 subsection 1, paragraph "d".
  2 35    7.  An annual report on the status of capital projects as
  3  1 required under section 8A.321, subsection 11.
  3  2    8.  An annual salary report as required under section
  3  3 8A.341, subsection 2.
  3  4    9.  An annual average fuel economy standards compliance
  3  5 report as required under section 8A.362, subsection 4,
  3  6 paragraph "c".
  3  7    10.  An annual report of the capitol planning commission as
  3  8 required under section 8A.373.
  3  9    11.  A comprehensive annual financial report as required
  3 10 under section 8A.502, subsection 8.
  3 11    12.  An annual report regarding the Iowa targeted small
  3 12 business procurement Act activities of the department as
  3 13 required under section 15.108, subsection 7, paragraph "c",
  3 14 and quarterly reports regarding the total dollar amount of
  3 15 certified purchases for certified targeted small businesses
  3 16 during the previous quarter as required in section 73.16,
  3 17 subsection 2.  The department shall keep any vendor
  3 18 identification information received from the department of
  3 19 inspections and appeals as provided in section 10A.104,
  3 20 subsection 8, and necessary for the quarterly reports,
  3 21 confidential to the same extent as the department of
  3 22 inspection and appeals is required to keep such information.
  3 23 Confidential information received by the department from the
  3 24 department of inspections and appeals shall not be disclosed
  3 25 except pursuant to court order or with the approval of the
  3 26 department of inspections and appeals.
  3 27    13.  An annual report on the condition of affirmative
  3 28 action, diversity, and multicultural programs as provided
  3 29 under section 19B.5, subsection 2.
  3 30    14.  An unpaid warrants report as required under section
  3 31 25.2, subsection 3, paragraph "b".
  3 32    15.  A report on educational leave as provided under
  3 33 section 70A.25.
  3 34    16.  A monthly report regarding the revitalize Iowa's sound
  3 35 economy fund as required under section 315.7.
  4  1    Sec. 3.  Section 8A.202, subsection 2, paragraph e, Code
  4  2 2007, is amended by striking the paragraph.
  4  3    Sec. 4.  Section 8A.221, subsection 2, paragraph a,
  4  4 subparagraph (2), Code 2007, is amended to read as follows:
  4  5    (2)  Recommend to the director the priority of projects
  4  6 associated with IowAccess.  The recommendation may also
  4  7 include a recommendation concerning funding for a project
  4  8 proposed by a political subdivision of the state or an
  4  9 association, the membership of which is comprised solely of
  4 10 political subdivisions of the state.  Prior to recommending a
  4 11 project proposed by a political subdivision, the advisory
  4 12 council shall verify that all of the following conditions are
  4 13 met:
  4 14    (a)  The proposed project provides a benefit to the state.
  4 15    (b)  The proposed project, once completed, can be shared
  4 16 with and used by other political subdivisions or the state, as
  4 17 appropriate.
  4 18    (c)  The state retains ownership of any final product or is
  4 19 granted a permanent license to the use of the product.
  4 20    Sec. 5.  Section 10A.104, subsection 8, Code 2007, is
  4 21 amended to read as follows:
  4 22    8.  Establish by rule standards and procedures for
  4 23 certifying that targeted small businesses are eligible to
  4 24 participate in the procurement program established in sections
  4 25 73.15 through 73.21.  The procedure for determination of
  4 26 eligibility shall not include self=certification by a
  4 27 business.  The director shall maintain a current directory of
  4 28 targeted small businesses that have been certified pursuant to
  4 29 this subsection.  The director shall also provide information
  4 30 to the department of administrative services necessary for the
  4 31 identification of targeted small businesses as provided under
  4 32 section 8A.111, subsection 12.
  4 33    Sec. 6.  Section 305.10, subsection 1, paragraph h, Code
  4 34 2007, is amended to read as follows:
  4 35    h.  Prepare all mandated reports, newsletters, and
  5  1 publications for electronic distribution in accordance with
  5  2 government information policies, standards, and guidelines.  A
  5  3 reference copy of all mandated reports, newsletters, and
  5  4 publications shall be located at an electronic repository for
  5  5 public access to be developed and maintained by the department
  5  6 of administrative services in consultation with the state
  5  7 librarian and the state archivist.
  5  8    Sec. 7.  Section 8A.121, Code 2007, is repealed.
  5  9                           EXPLANATION
  5 10    This bill concerns department of administrative services
  5 11 operations.
  5 12    The bill provides that the department of management, and
  5 13 not the department of administrative services, is responsible
  5 14 for determining which services provided by the department of
  5 15 administrative services shall be funded by an appropriation
  5 16 and which services will be funded by the government entities
  5 17 receiving the service.  The bill requires the department of
  5 18 management to consult with the department of administrative
  5 19 services in making this determination.  The bill also provides
  5 20 that the department of management is responsible for
  5 21 determining which services that will be funded by the
  5 22 government entities shall be solely provided by the department
  5 23 of administrative services.  For those services solely
  5 24 provided by the department of administrative services, the
  5 25 bill provides for the department of management to establish a
  5 26 customer council responsible for reviewing the department of
  5 27 administrative services' business plan and setting the rates
  5 28 charged government entities regarding the services provided.
  5 29 Code section 8A.121, which provided that the department of
  5 30 administrative services is responsible for these duties, is
  5 31 repealed.
  5 32    New Code section 8A.111 lists reports that the department
  5 33 of administrative services is required to prepare or produce
  5 34 under current law.  The section also provides that the
  5 35 department maintain as confidential any confidential
  6  1 information received by the department from the department of
  6  2 inspections and appeals to prepare reports concerning targeted
  6  3 small businesses.
  6  4    Code section 8A.221, concerning the duties of the IowAccess
  6  5 advisory council, is amended to provide that the council, when
  6  6 recommending the priority of IowAccess projects, may also
  6  7 include a recommendation concerning funding for a project
  6  8 proposed by a political subdivision of the state or an
  6  9 association representing political subdivisions.  The bill
  6 10 also provides that prior to recommending a project by a
  6 11 political subdivision the council shall verify that the
  6 12 project benefits the state, will be shared with other
  6 13 governmental entities, and that the state retains ownership of
  6 14 a final product or is granted a permanent license to use the
  6 15 product.
  6 16    Code section 10A.104(8) is amended to provide that the
  6 17 director of the department of inspections and appeals provide
  6 18 information to the department of administrative services
  6 19 necessary for the identification of targeted small businesses
  6 20 in preparing reports by the department of administrative
  6 21 services.
  6 22    Code section 305.10, concerning agency records, is amended
  6 23 to eliminate the requirement that the department of
  6 24 administrative services develop and maintain an electronic
  6 25 repository for public access.
  6 26 LSB 5424HV 82
  6 27 ec/nh/5