Senate File 396 - Introduced SENATE FILE 396 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1106) A BILL FOR An Act relating to government operations and efficiency 1 and other related matters, making an appropriation, and 2 including effective date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1864SV (5) 85 ec/rj
S.F. 396 DIVISION I 1 GOVERNMENT INFORMATION TECHNOLOGY SERVICES 2 Section 1. Section 8A.101, unnumbered paragraph 1, Code 3 2013, is amended to read as follows: 4 As used in this chapter and chapter 8B , unless the context 5 otherwise requires: 6 Sec. 2. Section 8A.103, unnumbered paragraph 1, Code 2013, 7 is amended to read as follows: 8 The department is created for the purpose of managing and 9 coordinating the major resources of state government including 10 the human, financial, and physical , and information resources 11 of state government. 12 Sec. 3. Section 8A.104, Code 2013, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 6A. Provide accounting and fiscal services 15 and such additional assistance and administrative support 16 services to the office of the chief information officer, 17 created in section 8B.2, as the department and the office 18 determines maximizes the efficiency and effectiveness of both 19 the department and office. 20 Sec. 4. Section 8A.111, subsection 3, Code 2013, is amended 21 by striking the subsection. 22 Sec. 5. NEW SECTION . 8B.1 Definitions. 23 As used in this chapter , unless the context otherwise 24 requires: 25 1. “Information technology” means computing and electronics 26 applications used to process and distribute information in 27 digital and other forms and includes information technology 28 devices, telecommunications devices, internet protocol 29 solutions and devices, mobile devices, information technology 30 services, infrastructure services, and value-added services. 31 2. “Information technology device” means equipment or 32 associated software, including programs, languages, procedures, 33 or associated documentation, used in operating the equipment 34 which is designed for utilizing information stored in an 35 -1- LSB 1864SV (5) 85 ec/rj 1/ 52
S.F. 396 electronic format. “Information technology device” includes 1 but is not limited to computer systems, computer networks, and 2 equipment used for input, output, processing, storage, display, 3 scanning, and printing. 4 3. “Information technology services” means services designed 5 to do any of the following: 6 a. Provide functions, maintenance, and support of 7 information technology devices. 8 b. Provide services including but not limited to any of the 9 following: 10 (1) Computer systems application development and 11 maintenance. 12 (2) Systems integration and interoperability. 13 (3) Operating systems maintenance and design. 14 (4) Computer systems programming. 15 (5) Computer systems software support. 16 (6) Planning and security relating to information 17 technology devices. 18 (7) Data management consultation. 19 (8) Information technology education and consulting. 20 (9) Information technology planning and standards. 21 (10) Establishment of local area network and workstation 22 management standards. 23 4. “Information technology staff” includes any employees 24 performing information technology services, including but 25 not limited to agency employees in information technology 26 classifications, contractors, temporary workers, and any other 27 employees providing information technology services. 28 5. “Infrastructure services” includes all of the following: 29 a. Data centers used to support mainframe and other 30 computers and their associated components including servers, 31 information networks, storage systems, redundant or backup 32 power systems, redundant data communications connections, 33 environmental controls, and security devices. 34 b. Servers, mainframes, or other centralized processing 35 -2- LSB 1864SV (5) 85 ec/rj 2/ 52
S.F. 396 systems. 1 c. Storage systems, including but not limited to disk, tape, 2 optical, and other structured repositories for storing digital 3 information. 4 d. Computer networks commonly referred to as local area 5 networks. 6 e. Network services, including equipment and software 7 which support local area networks, campus area networks, wide 8 area networks, and metro area networks. Network services 9 also include data network services such as routers, switches, 10 firewalls, virtual private networks, intrusion detection 11 systems, access control, internet protocol load balancers, 12 event logging and correlation, and content caching. Network 13 services do not include services provided by the public 14 broadcasting division of the department of education. 15 f. Groupware applications used to facilitate collaboration, 16 communication, and workflow, including electronic mail, 17 directory services, calendaring and scheduling, and imaging 18 systems. 19 g. Information technology help desk services. 20 h. Cyber security functions and equipment. 21 i. Digital printing and printing procurement services. 22 j. Data warehouses, including services that assist in 23 managing and locating digital information. 24 k. Disaster recovery technology and services. 25 l. Other similar or related services as determined by the 26 chief information officer. 27 6. “Office” means the office of the chief information 28 officer created in section 8B.2. 29 7. “Participating agency” means any state agency, except 30 the state board of regents and institutions operated under the 31 authority of the state board of regents. 32 8. “Technology advisory council” means the council 33 established in section 8B.8 . 34 9. “Value-added services” means services that offer or 35 -3- LSB 1864SV (5) 85 ec/rj 3/ 52
S.F. 396 provide unique, special, or enhanced value, benefits, or 1 features to the customer or user including but not limited to 2 services in which information technology is specially designed, 3 modified, or adapted to meet the special or requested needs 4 of the user or customer; services involving the delivery, 5 provision, or transmission of information or data that require 6 or involve additional processing, formatting, enhancement, 7 compilation, or security; services that provide the customer 8 or user with enhanced accessibility, security, or convenience; 9 research and development services; and services that are 10 provided to support technological or statutory requirements 11 imposed on participating agencies and other governmental 12 entities, businesses, and the public. 13 Sec. 6. NEW SECTION . 8B.2 Office created —— chief 14 information officer appointed. 15 1. The office of the chief information officer is created 16 as an independent agency and is attached to the department of 17 administrative services for accounting and fiscal services. 18 The department of administrative services shall provide such 19 additional assistance and administrative support services to 20 the office as the department of administrative services and the 21 office determines maximizes the efficiency and effectiveness of 22 both the department and office. 23 2. The chief information officer, who shall be the head 24 of the office, shall be appointed by the governor to serve at 25 the pleasure of the governor and is subject to confirmation by 26 the senate. If the office becomes vacant, the vacancy shall 27 be filled in the same manner as provided for the original 28 appointment. 29 3. The person appointed as the chief information officer 30 for the state shall be professionally qualified by education 31 and have no less than five years’ experience in the field of 32 information technology, and a working knowledge of financial 33 management. The chief information officer shall not be 34 a member of any local, state, or national committee of a 35 -4- LSB 1864SV (5) 85 ec/rj 4/ 52
S.F. 396 political party, an officer or member of a committee in 1 any partisan political club or organization, or hold or be 2 a candidate for a paid elective public office. The chief 3 information officer is subject to the restrictions on political 4 activity provided in section 8A.416. 5 Sec. 7. NEW SECTION . 8B.3 Office —— purpose 6 —— mission. 7 1. The office is created for the purpose of leading, 8 directing, managing, coordinating, and providing accountability 9 for the information technology resources of state government. 10 2. The mission of the office is to provide high-quality, 11 customer-focused information technology services and business 12 solutions to government and to citizens. 13 Sec. 8. NEW SECTION . 8B.4 Powers and duties of the chief 14 information officer. 15 The chief information officer shall do all of the following: 16 1. Direct the internal operations of the office and develop 17 and implement policies, procedures, and internal organization 18 measures designed to ensure the efficient administration of the 19 office. 20 2. Appoint all information technology staff deemed 21 necessary for the administration of the office’s functions as 22 provided in this chapter. For nonprofessional employees of 23 the office, employment shall be consistent with chapter 8A, 24 subchapter IV. The employment of professional employees of 25 the office shall be exempt from the provisions of chapter 8A, 26 subchapter IV, and chapter 20. 27 3. Manage, in consultation with the applicable 28 participating agency, the information technology staff 29 of participating agencies, to include directing the work 30 of information technology staff, assigning information 31 technology staff as required to support information technology 32 requirements and initiatives of the office, and to review and 33 recommend approval of information technology staff employment 34 decisions in coordination with the department of management. 35 -5- LSB 1864SV (5) 85 ec/rj 5/ 52
S.F. 396 4. Prepare an annual budget for the office. Adopt rules 1 for the approval of information technology budgets for 2 participating agencies in conjunction with the department of 3 management. 4 5. Adopt rules deemed necessary for the administration of 5 this chapter in accordance with chapter 17A. 6 6. Prescribe and adopt information technology standards and 7 rules. 8 7. Develop and recommend legislative proposals deemed 9 necessary for the continued efficiency of the office in 10 performing information technology functions, and review 11 legislative proposals generated outside of the office which are 12 related to matters within the office’s purview. 13 8. Provide advice to the governor on issues related to 14 information technology. 15 9. Consult with agencies and other governmental entities on 16 issues relating to information technology. 17 10. Work with all governmental entities in an effort to 18 achieve the information technology goals established by the 19 office. 20 11. Develop systems and methodologies to review, evaluate, 21 and prioritize information technology projects. 22 12. Administer all accounting, billing, and collection 23 functions required by the department of administrative services 24 pursuant to policies adopted by the chief information officer 25 after consultation and in cooperation with the director of the 26 department of administrative services. 27 13. Utilize, in a manner determined by the chief information 28 officer, such assistance and administrative support services as 29 provided by the department of administrative services as the 30 office determines to maximize the efficiency and effectiveness 31 of the office. 32 14. Enter into contracts for the receipt and provision of 33 services as deemed necessary. The chief information officer 34 and the governor may obtain and accept grants and receipts 35 -6- LSB 1864SV (5) 85 ec/rj 6/ 52
S.F. 396 to or for the state to be used for the administration of the 1 office’s functions as provided in this chapter. 2 15. Exercise and perform such other powers and duties as may 3 be prescribed by law. 4 Sec. 9. NEW SECTION . 8B.5 Prohibited interests 5 —— penalty. 6 The chief information officer shall not have any pecuniary 7 interest, directly or indirectly, in any contract for supplies 8 furnished to the state, or in any business enterprise involving 9 any expenditure by the state. A violation of the provisions 10 of this section is a serious misdemeanor, and upon conviction, 11 the chief information officer shall be removed from office in 12 addition to any other penalty. 13 Sec. 10. NEW SECTION . 8B.6 Acceptance of funds. 14 The office may receive and accept donations, grants, gifts, 15 and contributions in the form of moneys, services, materials, 16 or otherwise, from the United States or any of its agencies, 17 from this state or any of its agencies, or from any other 18 person, and expend such moneys, services, materials, or other 19 contributions, or issue grants, in carrying out the operations 20 of the office. All federal grants to and the federal receipts 21 of the office are appropriated for the purpose set forth in 22 such federal grants or receipts. The office shall report 23 annually to the general assembly on or before September 1 the 24 donations, grants, gifts, and contributions with a monetary 25 value of one thousand dollars or more that were received during 26 the most recently concluded fiscal year. 27 Sec. 11. NEW SECTION . 8B.7 Federal funds. 28 1. Neither the provisions of this chapter nor rules adopted 29 pursuant to this chapter shall apply in any situation where 30 such provision or rule is in conflict with a governing federal 31 regulation or where the provision or rule would jeopardize the 32 receipt of federal funds. 33 2. If it is determined by the attorney general that 34 any provision of this chapter would cause denial of funds 35 -7- LSB 1864SV (5) 85 ec/rj 7/ 52
S.F. 396 or services from the United States government which would 1 otherwise be available to an agency of this state, such 2 provision shall be suspended as to such agency, but only to the 3 extent necessary to prevent denial of such funds or services. 4 Sec. 12. NEW SECTION . 8B.8 Technology advisory council. 5 1. Definitions. For purposes of this section, unless the 6 context otherwise requires: 7 a. “Large agency” means a participating agency with more 8 than seven hundred full-time, year-round employees. 9 b. “Medium-sized agency” means a participating agency with 10 at least seventy or more full-time, year-round employees, but 11 not more than seven hundred permanent employees. 12 c. “Small agency” means a participating agency with less 13 than seventy full-time, year-round employees. 14 2. Membership. 15 a. The technology advisory council is composed of ten 16 members as follows: 17 (1) The chief information officer. 18 (2) The director of the department of management, or the 19 director’s designee. 20 (3) Eight members appointed by the governor as follows: 21 (a) Three representatives from large agencies. 22 (b) Two representatives from medium-sized agencies. 23 (c) One representative from a small agency. 24 (d) Two public members who are knowledgeable and have 25 experience in information technology matters. 26 b. (1) Members appointed pursuant to paragraph “a” , 27 subparagraph (3), shall serve two-year staggered terms. The 28 office shall provide, by rule, for the commencement of the 29 term of membership for the nonpublic members. The terms of 30 the public members shall be staggered at the discretion of the 31 governor. 32 (2) Sections 69.16, 69.16A, and 69.19 shall apply to the 33 public members of the council. 34 (3) Public members appointed by the governor are subject to 35 -8- LSB 1864SV (5) 85 ec/rj 8/ 52
S.F. 396 senate confirmation. 1 (4) Public members appointed by the governor may be eligible 2 to receive compensation as provided in section 7E.6. 3 (5) Members shall be reimbursed for actual and necessary 4 expenses incurred in performance of the members’ duties. 5 (6) A director, deputy director, or employee of an agency 6 who has information technology expertise is preferred as an 7 appointed representative for each of the agency categories of 8 membership pursuant to paragraph “a” , subparagraph (3). 9 c. The technology advisory council annually shall elect a 10 chair and a vice chair from among the members of the council, 11 by majority vote, to serve one-year terms. 12 d. A majority of the members of the council shall constitute 13 a quorum. 14 e. Meetings of the council shall be held at the call of the 15 chairperson or at the request of three members. 16 3. Powers and duties of the council. The powers and 17 duties of the technology advisory council as they relate to 18 information technology services shall include but are not 19 limited to all of the following: 20 a. Make recommendations to the chief information officer 21 regarding all of the following: 22 (1) Information technology standards to be applicable to 23 all participating agencies. 24 (2) Technology utility services to be implemented by the 25 office. 26 (3) Improvements to information technology service 27 levels and modifications to the business continuity plan for 28 information technology operations developed by the office for 29 agencies, and to maximize the value of information technology 30 investments by the state. 31 (4) Technology initiatives for the executive branch. 32 b. Advise the office regarding rates to be charged for 33 access to and for value-added services performed through 34 IowAccess. 35 -9- LSB 1864SV (5) 85 ec/rj 9/ 52
S.F. 396 Sec. 13. NEW SECTION . 8B.9 Reports required. 1 The office shall provide all of the following reports: 2 1. An annual report of the office. 3 2. Internal service fund service business plans and 4 financial reports as required under section 8B.13, subsection 5 5, paragraph “a” , and an annual internal service fund 6 expenditure report as required under section 8B.13, subsection 7 5, paragraph “b” . 8 3. An annual report regarding total spending on technology 9 as required under section 8B.21, subsection 6. 10 4. An annual report of expenditures from the IowAccess 11 revolving fund as provided in section 8B.33. 12 Sec. 14. NEW SECTION . 8B.12 Services to governmental 13 entities and nonprofit organizations. 14 1. The chief information officer shall enter into 15 agreements with state agencies, and may enter into agreements 16 with any other governmental entity or a nonprofit organization, 17 to furnish services and facilities of the office to the 18 applicable governmental entity or nonprofit organization. The 19 agreement shall provide for the reimbursement to the office of 20 the reasonable cost of the services and facilities furnished. 21 All governmental entities of this state may enter into such 22 agreements. For purposes of this subsection, “nonprofit 23 organization” means a nonprofit entity which is exempt from 24 federal income taxation pursuant to section 501(c)(3) of the 25 Internal Revenue Code and which is funded in whole or in part 26 by public funds. 27 2. This chapter does not affect any city civil service 28 programs established under chapter 400. 29 3. The state board of regents shall not be required to 30 obtain any service for the state board of regents or any 31 institution under the control of the state board of regents 32 that is provided by the office pursuant to this chapter without 33 the consent of the state board of regents. 34 Sec. 15. NEW SECTION . 8B.13 Office internal service funds. 35 -10- LSB 1864SV (5) 85 ec/rj 10/ 52
S.F. 396 1. Activities of the office shall be accounted for 1 within the general fund of the state, except that the chief 2 information officer may establish and maintain internal 3 service funds in accordance with generally accepted accounting 4 principles, as defined in section 8.57, subsection 4, for 5 activities of the office which are primarily funded from 6 billings to governmental entities for services rendered by 7 the office. The establishment of an internal service fund is 8 subject to the approval of the director of the department of 9 management and the concurrence of the auditor of state. At 10 least ninety days prior to the establishment of an internal 11 service fund pursuant to this section, the chief information 12 officer shall notify in writing the general assembly, including 13 the legislative council, legislative fiscal committee, and the 14 legislative services agency. 15 2. Internal service funds shall be administered by the 16 office and shall consist of moneys collected by the office 17 from billings issued in accordance with section 8B.15 and any 18 other moneys obtained or accepted by the office, including 19 but not limited to gifts, loans, donations, grants, and 20 contributions, which are designated to support the activities 21 of the individual internal service funds. 22 3. The proceeds of an internal service fund established 23 pursuant to this section shall be used by the office for the 24 operations of the office consistent with this chapter. The 25 chief information officer may appoint the personnel necessary 26 to ensure the efficient provision of services funded pursuant 27 to an internal service fund established under this section. 28 However, this usage requirement shall not limit or restrict 29 the office from using proceeds from gifts, loans, donations, 30 grants, and contributions in conformance with any conditions, 31 directions, limitations, or instructions attached or related 32 thereto. 33 4. Section 8.33 does not apply to any moneys in internal 34 service funds established pursuant to this section. 35 -11- LSB 1864SV (5) 85 ec/rj 11/ 52
S.F. 396 Notwithstanding section 12C.7, subsection 2, interest or 1 earnings on moneys deposited in these funds shall be credited 2 to these funds. 3 5. a. The chief information officer shall annually provide 4 internal service fund service business plans and financial 5 reports to the department of management and the general 6 assembly. The business plans may include the recommendation 7 that a portion of unexpended net income be periodically 8 returned to the appropriate funding source. 9 b. The office shall submit an annual report not later 10 than October 1 to the members of the general assembly and the 11 legislative services agency of the activities funded by and 12 expenditures made from an internal service fund established 13 pursuant to this section during the preceding fiscal year. 14 Sec. 16. NEW SECTION . 8B.14 Additional personnel. 15 The office may employ, upon the approval of the department 16 of management, additional personnel in excess of the number 17 of full-time equivalent positions authorized by the general 18 assembly if such additional personnel are reasonable and 19 necessary to perform such duties as required to meet the 20 needs of the office to provide services to other governmental 21 entities and as authorized by this chapter. The chief 22 information officer shall notify in writing the department 23 of management, the legislative fiscal committee, and the 24 legislative services agency of any additional personnel 25 employed pursuant to this section. 26 Sec. 17. NEW SECTION . 8B.15 Billing —— credit card 27 payments. 28 1. The chief information officer may bill a governmental 29 entity for services rendered by the office in accordance with 30 the duties of the office as provided in this chapter. Bills 31 may include direct, indirect, and developmental costs which 32 have not been funded by an appropriation to the office. The 33 office shall periodically render a billing statement to a 34 governmental entity outlining the cost of services provided to 35 -12- LSB 1864SV (5) 85 ec/rj 12/ 52
S.F. 396 the governmental entity. The amount indicated on the statement 1 shall be paid by the governmental entity and amounts received 2 by the office shall be considered repayment receipts as defined 3 in section 8.2, and deposited into the accounts of the office. 4 2. In addition to other forms of payment, a person may pay 5 by credit card for services provided by the office, according 6 to rules adopted by the treasurer of state. The credit card 7 fees to be charged shall not exceed those permitted by statute. 8 A governmental entity may adjust its payment to reflect the 9 costs of processing as determined by the treasurer of state. 10 The discount charged by the credit card issuer may be included 11 in determining the fees to be paid for completing a financial 12 transaction under this section by using a credit card. All 13 credit card payments shall be credited to the fund used to 14 account for the services provided. 15 Sec. 18. NEW SECTION . 8B.16 Office debts and liabilities 16 —— appropriation request. 17 If a service provided by the office and funded from an 18 internal service fund established under section 8B.13 ceases 19 to be provided and insufficient funds remain in the internal 20 service fund to pay any outstanding debts and liabilities 21 relating to that service, the chief information officer shall 22 notify the department of management and the general assembly 23 and request that moneys be appropriated from the general fund 24 of the state to pay such debts and liabilities. 25 Sec. 19. NEW SECTION . 8B.21 Information technology services 26 —— office powers and duties —— responsibilities. 27 1. Powers and duties of office. The powers and duties of 28 the office as it relates to information technology services 29 shall include but are not limited to all of the following: 30 a. Approving information technology for use by agencies and 31 other governmental entities. 32 b. Implementing the strategic information technology plan. 33 c. Developing and implementing a business continuity plan, 34 as the chief information officer determines is appropriate, to 35 -13- LSB 1864SV (5) 85 ec/rj 13/ 52
S.F. 396 be used if a disruption occurs in the provision of information 1 technology to participating agencies and other governmental 2 entities. 3 d. Prescribing standards and adopting rules relating to 4 cyber security, geospatial systems, application development, 5 and information technology and procurement, including but 6 not limited to system design and systems integration, and 7 interoperability, which shall apply to all participating 8 agencies except as otherwise provided in this chapter. The 9 office shall implement information technology standards as 10 established pursuant to this chapter which are applicable to 11 information technology procurements for participating agencies. 12 e. Establishing an enterprise strategic and project 13 management function for oversight of all information 14 technology-related projects and resources of participating 15 agencies. 16 f. (1) Developing and maintaining security policies and 17 systems to ensure the integrity of the state’s information 18 resources and to prevent the disclosure of confidential 19 records. The office shall ensure that the security policies 20 and systems be consistent with the state’s data transparency 21 efforts by developing and implementing policies and systems for 22 the sharing of data and information by participating agencies. 23 (2) Establishing statewide standards, to include periodic 24 review and compliance measures, for information technology 25 security to maximize the functionality, security, and 26 interoperability of the state’s distributed information 27 technology assets, including but not limited to communications 28 and encryption technologies. 29 (3) Requiring all information technology security services, 30 solutions, hardware, and software purchased or used by a 31 participating agency to be subject to approval by the office in 32 accordance with security standards. 33 g. Developing and implementing effective and efficient 34 strategies for the use and provision of information technology 35 -14- LSB 1864SV (5) 85 ec/rj 14/ 52
S.F. 396 and information technology staff for participating agencies and 1 other governmental entities. 2 h. Coordinating and managing the acquisition of information 3 technology services by participating agencies in furtherance 4 of the purposes of this chapter. The office shall institute 5 procedures to ensure effective and efficient compliance with 6 the applicable standards established pursuant to this chapter. 7 i. Entering into contracts, leases, licensing agreements, 8 royalty agreements, marketing agreements, memorandums of 9 understanding, or other agreements as necessary and appropriate 10 to administer this chapter. 11 j. Determining and implementing statewide efforts 12 to standardize data elements, determine data ownership 13 assignments, and implement the sharing of data. 14 k. Requiring that a participating agency provide such 15 information as is necessary to establish and maintain an 16 inventory of information technology used by participating 17 agencies, and such participating agency shall provide such 18 information to the office in a timely manner. The form and 19 content of the information to be provided shall be determined 20 by the office. 21 l. Requiring participating agencies to provide the full 22 details of the agency’s information technology and operational 23 requirements upon request, report information technology 24 security incidents to the office in a timely manner, provide 25 comprehensive information concerning the information technology 26 security employed by the agency to protect the agency’s 27 information technology, and forecast the parameters of the 28 agency’s projected future information technology security needs 29 and capabilities. 30 m. Charging reasonable fees, costs, expenses, charges, 31 or other amounts to an agency, governmental entity, public 32 official, or person or entity related to the provision, sale, 33 use, or utilization of, or cost sharing with respect to, 34 information technology and any intellectual property interests 35 -15- LSB 1864SV (5) 85 ec/rj 15/ 52
S.F. 396 related thereto; research and development; proprietary 1 hardware, software, and applications; and information 2 technology architecture and design. The office may enter 3 into nondisclosure agreements and take any other legal action 4 reasonably necessary to secure a right to an interest in 5 information technology development by or on behalf of the 6 state of Iowa and to protect the state of Iowa’s proprietary 7 information technology and intellectual property interests. 8 The provisions of chapter 23A relating to noncompetition 9 by state agencies and political subdivisions with private 10 enterprise shall not apply to office activities authorized 11 under this paragraph. 12 n. Charging reasonable fees, costs, expenses, charges, 13 or other amounts to an agency, governmental entity, public 14 official, or other person or entity to or for whom information 15 technology or other services have been provided by or on behalf 16 of, or otherwise made available through, the office. 17 o. Providing, selling, leasing, licensing, transferring, or 18 otherwise conveying or disposing of information technology, or 19 any intellectual property or other rights with respect thereto, 20 to agencies, governmental entities, public officials, or other 21 persons or entities. 22 p. Entering into partnerships, contracts, leases, or other 23 agreements with public and private entities for the evaluation 24 and development of information technology pilot projects. 25 q. Initiating and supporting the development of electronic 26 commerce, electronic government, and internet applications 27 across participating agencies and in cooperation with 28 other governmental entities. The office shall foster joint 29 development of electronic commerce and electronic government 30 involving the public and private sectors, develop customer 31 surveys and citizen outreach and education programs and 32 material, and provide for citizen input regarding the state’s 33 electronic commerce and electronic government applications. 34 2. Responsibilities. The responsibilities of the office 35 -16- LSB 1864SV (5) 85 ec/rj 16/ 52
S.F. 396 as it relates to information technology services include the 1 following: 2 a. Coordinate the activities of the office in promoting, 3 integrating, and supporting information technology in all 4 business aspects of state government. 5 b. Provide for server systems, including mainframe and 6 other server operations, desktop support, and applications 7 integration. 8 c. Provide applications development, support, and training, 9 and advice and assistance in developing and supporting business 10 applications throughout state government. 11 3. Information technology charges. The office shall 12 render a statement to an agency, governmental entity, public 13 official, or other person or entity to or for whom information 14 technology, value-added services, or other items or services 15 have been provided by or on behalf of, or otherwise made 16 available through, the office. Such an agency, governmental 17 entity, public official, or other person or entity shall pay 18 an amount indicated on such statement in a manner determined 19 by the office. 20 4. Dispute resolution. If a dispute arises between the 21 office and an agency for which the office provides or refuses 22 to provide information technology, the dispute shall be 23 resolved as provided in section 679A.19. 24 5. Waivers. 25 a. The office shall adopt rules allowing for participating 26 agencies to seek a temporary or permanent waiver from any of 27 the requirements of this chapter concerning the acquisition, 28 utilization, or provision of information technology. The rules 29 shall provide that a waiver may be granted upon a written 30 request by a participating agency and approval of the chief 31 information officer. A waiver shall only be approved if the 32 participating agency shows that a waiver would be in the best 33 interests of the state. 34 b. Prior to approving or denying a request for a waiver, the 35 -17- LSB 1864SV (5) 85 ec/rj 17/ 52
S.F. 396 chief information officer shall consider all of the following: 1 (1) Whether the failure to grant a waiver would violate 2 any state or federal law or any published policy, standard, 3 or requirement established by a governing body other than the 4 office. 5 (2) Whether the failure to grant a waiver would result in 6 the duplication of existing services, resources, or support. 7 (3) Whether the waiver would obstruct the state’s 8 information technology strategic plan, enterprise architecture, 9 security plans, or any other information technology policy, 10 standard, or requirement. 11 (4) Whether the waiver would result in excessive 12 expenditures or expenditures above market rates. 13 (5) The life cycle of the system or application for which 14 the waiver is requested. 15 (6) Whether the participating agency can show that it can 16 obtain or provide the information technology more economically 17 than the information technology can be provided by the office. 18 For purposes of determining if the participating agency can 19 obtain or provide the information technology more economically, 20 the chief information officer shall consider the impact on 21 other participating agencies if the waiver is granted or 22 denied. 23 (7) Whether the failure to grant a waiver would jeopardize 24 federal funding. 25 c. Rules adopted pursuant to this subsection relating to a 26 request for a waiver, at a minimum, shall provide for all of 27 the following: 28 (1) The request shall be in writing and signed by the head 29 of the participating agency seeking the waiver. 30 (2) The request shall include a reference to the specific 31 policy, standard, or requirement for which the waiver is 32 submitted. 33 (3) The request shall include a statement of facts including 34 a description of the problem or issue prompting the request; 35 -18- LSB 1864SV (5) 85 ec/rj 18/ 52
S.F. 396 the participating agency’s preferred solution; an alternative 1 approach to be implemented by the participating agency intended 2 to satisfy the waived policy, standard, or requirement; the 3 business case for the alternative approach; a third party audit 4 or report that compares the participating agency’s preferred 5 solution to the information technology solution that can be 6 provided by the office; the economic justification for the 7 waiver or a statement as to why the waiver is in the best 8 interests of the state; the time period for which the waiver is 9 requested; and any other information deemed appropriate. 10 d. A participating agency may appeal the decision of the 11 chief information officer to the director of the department of 12 management within seven calendar days following the decision of 13 the chief information officer. The director of the department 14 of management shall respond within fourteen days following the 15 receipt of the appeal. 16 e. The department of public defense shall not be required 17 to obtain any information technology services pursuant to this 18 chapter for the department of public defense that is provided 19 by the office pursuant to this chapter without the consent of 20 the adjutant general. 21 6. Annual report. On an annual basis, prepare a report to 22 the governor, the department of management, and the general 23 assembly regarding the total spending on technology for the 24 previous fiscal year, the total amount appropriated for the 25 current fiscal year, and an estimate of the amount to be 26 requested for the succeeding fiscal year for all agencies. The 27 report shall include a five-year projection of technology cost 28 savings, an accounting of the level of technology cost savings 29 for the current fiscal year, and a comparison of the level of 30 technology cost savings for the current fiscal year with that 31 of the previous fiscal year. The report shall be filed as soon 32 as possible after the close of a fiscal year, and by no later 33 than the second Monday of January of each year. 34 Sec. 20. NEW SECTION . 8B.22 Digital government. 35 -19- LSB 1864SV (5) 85 ec/rj 19/ 52
S.F. 396 1. The office is responsible for initiating and 1 supporting the development of electronic commerce, electronic 2 government, mobile applications, and internet applications 3 across participating agencies and in cooperation with other 4 governmental entities. 5 2. In developing the concept of digital government, the 6 office shall do all of the following: 7 a. Establish standards, consistent with other state law, for 8 the implementation of electronic commerce, including standards 9 for electronic signatures, electronic currency, and other items 10 associated with electronic commerce. 11 b. Establish guidelines for the appearance and functioning 12 of applications. 13 c. Establish standards for the integration of electronic 14 data across state agencies. 15 d. Foster joint development of electronic commerce and 16 electronic government involving the public and private sectors. 17 e. Develop customer surveys and citizen outreach and 18 education programs and material, and provide for citizen input 19 regarding the state’s electronic commerce and electronic 20 government applications. 21 f. Assist participating agencies in converting printed 22 government materials to electronic materials which can be 23 accessed through an internet searchable database. 24 g. Encourage participating agencies to utilize duplex 25 printing and a print on demand strategy to reduce printing 26 costs, publication overruns, excessive inventory, and obsolete 27 printed materials. 28 Sec. 21. NEW SECTION . 8B.23 Information technology 29 standards. 30 1. The office shall develop and adopt information 31 technology standards applicable to the procurement of 32 information technology by all participating agencies. Such 33 standards, unless waived by the office, shall apply to all 34 information technology procurements for participating agencies. 35 -20- LSB 1864SV (5) 85 ec/rj 20/ 52
S.F. 396 2. The office of the governor or the office of an elective 1 constitutional or statutory officer shall consult with the 2 office prior to procuring information technology and consider 3 the information technology standards adopted by the office, and 4 provide a written report to the office relating to the other 5 office’s decision regarding such acquisitions. 6 Sec. 22. NEW SECTION . 8B.24 Procurement of information 7 technology. 8 1. Standards established by the office, unless waived by the 9 office, shall apply to all information technology procurements 10 for participating agencies. 11 2. The office shall institute procedures to ensure 12 effective and efficient compliance with standards established 13 by the office. 14 3. The office shall develop policies and procedures 15 that apply to all information technology goods and services 16 acquisitions, and shall ensure the compliance of all 17 participating agencies. The office shall also be the sole 18 provider of infrastructure services for participating agencies. 19 4. The office, by rule, may implement a prequalification 20 procedure for contractors with which the office has entered or 21 intends to enter into agreements regarding the procurement of 22 information technology. 23 5. Notwithstanding the provisions governing purchasing as 24 provided in chapter 8A, subchapter III, the office may procure 25 information technology as provided in this section. The 26 office may cooperate with other governmental entities in the 27 procurement of information technology in an effort to make such 28 procurements in a cost-effective, efficient manner as provided 29 in this section. The office, as deemed appropriate and cost 30 effective, may procure information technology using any of the 31 following methods: 32 a. Cooperative procurement agreement. The office may 33 enter into a cooperative procurement agreement with another 34 governmental entity relating to the procurement of information 35 -21- LSB 1864SV (5) 85 ec/rj 21/ 52
S.F. 396 technology, whether such information technology is for the use 1 of the office or other governmental entities. The cooperative 2 procurement agreement shall clearly specify the purpose of 3 the agreement and the method by which such purpose will be 4 accomplished. Any power exercised under such agreement shall 5 not exceed the power granted to any party to the agreement. 6 b. Negotiated contract. The office may enter into an 7 agreement for the purchase of information technology if any of 8 the following applies: 9 (1) The contract price, terms, and conditions are pursuant 10 to the current federal supply contract, and the purchase order 11 adequately identifies the federal supply contract under which 12 the procurement is to be made. 13 (2) The contract price, terms, and conditions are no less 14 favorable than the contractor’s current federal supply contract 15 price, terms, and conditions; the contractor has indicated 16 in writing a willingness to extend such price, terms, and 17 conditions to the office; and the purchase order adequately 18 identifies the contract relied upon. 19 (3) The contract is with a vendor who has a current 20 exclusive or nonexclusive price agreement with the state for 21 the information technology to be procured, and such information 22 technology meets the same standards and specifications as the 23 items to be procured and both of the following apply: 24 (a) The quantity purchased does not exceed the quantity 25 which may be purchased under the applicable price agreement. 26 (b) The purchase order adequately identifies the price 27 agreement relied upon. 28 c. Contracts let by another governmental entity. The 29 office, on its own behalf or on the behalf of another 30 participating agency or governmental entity, may procure 31 information technology under a contract let by another agency 32 or other governmental entity, or approve such procurement in 33 the same manner by a participating agency or governmental 34 entity. The office, on its own behalf or on the behalf of 35 -22- LSB 1864SV (5) 85 ec/rj 22/ 52
S.F. 396 another participating agency or governmental entity, may also 1 procure information technology by leveraging an existing 2 competitively procured contract, other than a contract 3 associated with the state board of regents or an institution 4 under the control of the state board of regents. 5 d. Reverse auction. 6 (1) The office may enter into an agreement for the purchase 7 of information technology utilizing a reverse auction process. 8 Such process shall result in the purchase of information 9 technology from the vendor submitting the lowest responsible 10 bid amount for the information technology to be acquired. The 11 office, in establishing a reverse auction process, shall do all 12 of the following: 13 (a) Determine the specifications and requirements of the 14 information technology to be acquired. 15 (b) Identify and provide notice to potential vendors 16 concerning the proposed acquisition. 17 (c) Establish prequalification requirements to be met by a 18 vendor to be eligible to participate in the reverse auction. 19 (d) Conduct the reverse auction in a manner as deemed 20 appropriate by the office and consistent with rules adopted by 21 the office. 22 (2) Prior to conducting a reverse auction, the office 23 shall establish a threshold amount which shall be the maximum 24 amount that the office is willing to pay for the information 25 technology to be acquired. 26 (3) The office shall enter into an agreement with a 27 vendor who is the lowest responsible bidder which meets the 28 specifications or description of the information technology 29 to be procured, or the office may reject all bids and begin 30 the process again. In determining the lowest responsible 31 bidder, the office may consider various factors including but 32 not limited to the past performance of the vendor relative 33 to quality of product or service, the past experience of the 34 office in relation to the product or service, the relative 35 -23- LSB 1864SV (5) 85 ec/rj 23/ 52
S.F. 396 quality of products or services, the proposed terms of 1 delivery, and the best interest of the state. 2 e. Competitive bidding. The office may enter into an 3 agreement for the procurement or acquisition of information 4 technology in the same manner as provided under chapter 8A, 5 subchapter III, for the purchasing of service. 6 f. Other agreement. In addition to the competitive bidding 7 procedure provided for under paragraph “e” , the office may 8 enter into an agreement for the purchase, disposal, or other 9 disposition of information technology in the same manner and 10 subject to the same limitations as otherwise provided in 11 this chapter. The office, by rule, shall provide for such 12 procedures. 13 6. The office shall adopt rules pursuant to chapter 17A to 14 implement the procurement methods and procedures provided for 15 in subsections 2 through 5. 16 Sec. 23. NEW SECTION . 8B.31 IowAccess —— office duties and 17 responsibilities. 18 1. IowAccess. The office shall establish IowAccess as 19 a service to the citizens of this state that is the gateway 20 for one-stop electronic access to government information and 21 transactions, whether federal, state, or local. Except as 22 provided in this section, IowAccess shall be a state-funded 23 service providing access to government information and 24 transactions. The office, in establishing the fees for 25 value-added services, shall consider the reasonable cost of 26 creating and organizing such government information through 27 IowAccess. 28 2. Duties. The office shall do all of the following: 29 a. Establish rates to be charged for access to and for 30 value-added services performed through IowAccess. 31 b. Approve and establish the priority of projects 32 associated with IowAccess. The determination may also include 33 requirements concerning funding for a project proposed by 34 a political subdivision of the state or an association, 35 -24- LSB 1864SV (5) 85 ec/rj 24/ 52
S.F. 396 the membership of which is comprised solely of political 1 subdivisions of the state. Prior to approving a project 2 proposed by a political subdivision, the office shall verify 3 that all of the following conditions are met: 4 (1) The proposed project provides a benefit to the state. 5 (2) The proposed project, once completed, can be shared 6 with and used by other political subdivisions of the state, as 7 appropriate. 8 (3) The state retains ownership of any final product or is 9 granted a permanent license to the use of the product. 10 c. Establish expected outcomes and effects of the use of 11 IowAccess and determine the manner in which such outcomes are 12 to be measured and evaluated. 13 d. Establish the IowAccess total budget request and 14 ensure that such request reflects the priorities and goals of 15 IowAccess as established by the office. 16 e. Advocate for access to government information and 17 services through IowAccess and for data privacy protection, 18 information ethics, accuracy, and security in IowAccess 19 programs and services. 20 f. Receive status and operations reports associated with 21 IowAccess. 22 3. Data purchasing. This section shall not be construed 23 to impair the right of a person to contract to purchase 24 information or data from the Iowa court information system 25 or any other governmental entity. This section shall not be 26 construed to affect a data purchase agreement or contract in 27 existence on April 25, 2000. 28 Sec. 24. NEW SECTION . 8B.32 Financial transactions. 29 1. Moneys paid to a participating agency from persons who 30 complete an electronic financial transaction with the agency by 31 accessing IowAccess shall be transferred to the treasurer of 32 state for deposit in the general fund of the state, unless the 33 disposition of the moneys is specifically provided for under 34 other law. The moneys may include all of the following: 35 -25- LSB 1864SV (5) 85 ec/rj 25/ 52
S.F. 396 a. Fees required to obtain an electronic public record as 1 provided in section 22.3A. 2 b. Fees required to process an application or file a 3 document, including but not limited to fees required to obtain 4 a license issued by a licensing authority. 5 c. Moneys owed to a governmental entity by a person 6 accessing IowAccess in order to satisfy a liability 7 arising from the operation of law, including the payment of 8 assessments, taxes, fines, and civil penalties. 9 2. Moneys transferred using IowAccess may include amounts 10 owed by a governmental entity to a person accessing IowAccess 11 in order to satisfy a liability of the governmental entity. 12 The moneys may include the payment of tax refunds, and the 13 disbursement of support payments as defined in section 252D.16 14 or 598.1 as required for orders issued pursuant to section 15 252B.14. 16 3. In addition to other forms of payment, credit cards shall 17 be accepted in payment for moneys owed to or fees imposed by a 18 governmental entity in the same manner as provided in section 19 8B.15. 20 Sec. 25. NEW SECTION . 8B.33 IowAccess revolving fund. 21 1. An IowAccess revolving fund is created in the state 22 treasury. The revolving fund shall be administered by the 23 office and shall consist of moneys collected by the office as 24 fees, moneys appropriated by the general assembly, and any 25 other moneys obtained or accepted by the office for deposit in 26 the revolving fund. The proceeds of the revolving fund are 27 appropriated to and shall be used by the office to maintain, 28 develop, operate, and expand IowAccess consistent with this 29 chapter, and for the support of activities of the technology 30 advisory council pursuant to section 8B.8. 31 2. The office shall submit an annual report not later than 32 January 31 to the members of the general assembly and the 33 legislative services agency of the activities funded by and 34 expenditures made from the revolving fund during the preceding 35 -26- LSB 1864SV (5) 85 ec/rj 26/ 52
S.F. 396 fiscal year. Section 8.33 does not apply to any moneys in the 1 revolving fund, and, notwithstanding section 12C.7, subsection 2 2, earnings or interest on moneys deposited in the revolving 3 fund shall be credited to the revolving fund. 4 Sec. 26. Section 8D.4, Code 2013, is amended to read as 5 follows: 6 8D.4 Executive director appointed. 7 The commission, in consultation with the director of 8 the department of administrative services and the chief 9 information officer , shall appoint an executive director of 10 the commission, subject to confirmation by the senate. Such 11 individual shall not serve as a member of the commission. 12 The executive director shall serve at the pleasure of the 13 commission. The executive director shall be selected primarily 14 for administrative ability and knowledge in the field, without 15 regard to political affiliation. The governor shall establish 16 the salary of the executive director within range nine as 17 established by the general assembly. The salary and support of 18 the executive director shall be paid from funds deposited in 19 the Iowa communications network fund. 20 Sec. 27. Section 12C.1, subsection 2, paragraph e, 21 subparagraph (6), Code 2013, is amended to read as follows: 22 (6) Moneys placed in a depository for the purpose of 23 completing an electronic financial transaction pursuant to 24 section 8A.222 8B.32 or 331.427 . 25 Sec. 28. Section 12C.4, Code 2013, is amended to read as 26 follows: 27 12C.4 Location of depositories. 28 Deposits by the treasurer of state shall be in depositories 29 located in this state; by a county officer or county public 30 hospital officer or merged area hospital officer, in 31 depositories located in the county or in an adjoining county 32 within this state; by a memorial hospital treasurer, in a 33 depository located within this state which shall be selected 34 by the memorial hospital treasurer and approved by the 35 -27- LSB 1864SV (5) 85 ec/rj 27/ 52
S.F. 396 memorial hospital commission; by a city treasurer or other 1 city financial officer, in depositories located in the county 2 in which the city is located or in an adjoining county, but 3 if there is no depository in the county in which the city is 4 located or in an adjoining county then in any other depository 5 located in this state which shall be selected as a depository 6 by the city council; by a school treasurer or by a school 7 secretary in a depository within this state which shall be 8 selected by the board of directors or the trustees of the 9 school district; by a township clerk in a depository located 10 within this state which shall be selected by the township 11 clerk and approved by the trustees of the township. However, 12 deposits may be made in depositories outside of Iowa for the 13 purpose of paying principal and interest on bonded indebtedness 14 of any municipality when the deposit is made not more than ten 15 days before the date the principal or interest becomes due. 16 Further, the treasurer of state may maintain an account or 17 accounts outside the state of Iowa for the purpose of providing 18 custodial services for the state and state retirement fund 19 accounts. Deposits made for the purpose of completing an 20 electronic financial transaction pursuant to section 8A.222 21 8B.32 or 331.427 may be made in any depository located in this 22 state. 23 Sec. 29. Section 23A.2, subsection 10, paragraph o, Code 24 2013, is amended to read as follows: 25 o. The performance of an activity authorized pursuant to 26 section 8A.202 8B.21 , subsection 2 1 , paragraph “j” “m” . 27 Sec. 30. Section 262.9B, subsection 3, paragraph a, Code 28 2013, is amended to read as follows: 29 a. The board shall direct institutions under its control 30 to cooperate with the chief information officer of the state 31 in efforts to cooperatively obtain information technology 32 and related services that result in mutual cost savings 33 and efficiency improvements, and shall seek input from the 34 department of administrative services and the chief information 35 -28- LSB 1864SV (5) 85 ec/rj 28/ 52
S.F. 396 officer of the state regarding specific areas of potential 1 cooperation between the institutions under the control of the 2 board and the department of administrative services office of 3 the chief information officer . 4 Sec. 31. REPEAL. Sections 8A.201, 8A.201A, 8A.202, 8A.203, 5 8A.204, 8A.205, 8A.206, 8A.207, 8A.221, 8A.222, and 8A.224, 6 Code 2013, are repealed. 7 Sec. 32. ADMINISTRATIVE RULES —— TRANSITION 8 PROVISIONS. Any rule, regulation, form, order, or directive 9 promulgated by the department of administrative services as 10 it relates to information technology and in effect on the 11 effective date of this Act shall continue in full force and 12 effect until amended, repealed, or supplemented by affirmative 13 action of the office of the chief information officer as 14 established in this Act. 15 Sec. 33. MISCELLANEOUS TRANSITION PROVISIONS. 16 1. Any personnel in the state merit system of employment 17 who are mandatorily transferred due to the effect of this Act 18 shall be so transferred without any loss in salary, benefits, 19 or accrued years of service. 20 2. Any funds in any account or fund of the department of 21 administrative services as it relates to information technology 22 shall be transferred to the comparable fund or account as 23 established and provided by this Act. 24 3. Any cause of action or statute of limitation relating to 25 the information technology duties provided by the department 26 of administrative services that are transferred to the office 27 of the chief information officer as provided by this Act shall 28 not be affected as a result of the transfer and such cause or 29 statute of limitation shall apply to the successor office. 30 Sec. 34. OFFICE OF THE CHIEF INFORMATION OFFICER —— 31 INFORMATION TECHNOLOGY DEVICE INVENTORY. 32 1. The office of the chief information officer shall 33 complete an inventory of information technology devices 34 utilized by the office and participating agencies, as defined 35 -29- LSB 1864SV (5) 85 ec/rj 29/ 52
S.F. 396 in section 8B.1, as enacted by this Act. The office shall 1 conduct the inventory with the goal of identifying potential 2 information technology device upgrades, changes, or other 3 efficiencies that will meet the information technology needs 4 of the applicable department or agency at reduced cost to the 5 state. 6 2. The office shall submit a report to the general assembly 7 by January 1, 2014, describing the office’s actions as required 8 by this section. The report shall, if applicable, identify 9 any statutory barriers or needed technology investments for 10 pursuing efforts described in this section and shall include in 11 the report its findings and any recommendations for legislative 12 action. 13 Sec. 35. OFFICE OF THE CHIEF INFORMATION OFFICER —— 14 INFORMATION TECHNOLOGY COORDINATION AND MANAGEMENT. 15 1. The office of the chief information officer, in 16 accordance with the requirements of Code section 8B.21, 17 subsection 1, paragraph “h”, as enacted by this Act, shall 18 coordinate and manage information technology services within 19 the office, shall establish a schedule by which all departments 20 subject to the requirements of that Act and chapter 8B, as 21 enacted by this Act, shall comply with these requirements. The 22 schedule shall provide for implementation of the requirements 23 to all affected state agencies and departments by December 31, 24 2014. The office shall submit a copy of the schedule to the 25 general assembly by July 31, 2013, and shall provide periodic 26 updates to the general assembly on the progress of meeting the 27 time deadlines contained in the schedule. 28 2. In procuring information technology as provided in 29 section 8B.24, as enacted by this Act, the office should 30 explore strategies of procuring information technology through 31 leasing. 32 DIVISION II 33 PHASED RETIREMENT PROGRAM 34 Sec. 36. Section 70A.30, Code 2013, is amended to read as 35 -30- LSB 1864SV (5) 85 ec/rj 30/ 52
S.F. 396 follows: 1 70A.30 Establishment of phased retirement program. 2 1. There is established The department of administrative 3 services may establish a voluntary employee phased retirement 4 incentive program for full-time state employees who are at 5 least sixty years of age and have completed at least twenty 6 years as full-time state employees . 7 2. The A phased retirement incentive program established 8 by the department of administrative services is a retirement 9 system for purposes of section 20.9 , but is not retirement 10 for purposes of chapter 97A , 97B , or 602 or for the 11 employees who are members of the teachers insurance annuity 12 association-college retirement equities fund (TIAA-CREF). 13 Sec. 37. REPEAL. Sections 70A.31, 70A.32, 70A.33, and 14 70A.34, Code 2013, are repealed. 15 Sec. 38. PHASED RETIREMENT PROGRAM —— TRANSITION PROVISIONS 16 —— STANDING APPROPRIATION. 17 1. State employees who are participating in the phased 18 retirement program established by sections 70A.30 through 19 70A.34, Code 2013, as of the effective date of this Act shall 20 remain in the program and be eligible for the benefits of the 21 program as provided prior to the effective date of this Act. 22 2. For state employees who became participants in the phased 23 retirement program prior to the effective date of this Act, the 24 department of administrative services shall, annually after 25 June 30 of each fiscal year, determine the cost during the 26 preceding fiscal year to the Iowa public employees’ retirement 27 fund of continued participation of such state employees in 28 the phased retirement program as authorized by this section. 29 Annually, there is appropriated from the fund from which 30 the participating employees are paid to the Iowa public 31 employees’ retirement fund an amount sufficient to reimburse 32 the retirement fund for the costs of the phased retirement 33 program for those state employees who became participants in 34 the program prior to the effective date of this Act. 35 -31- LSB 1864SV (5) 85 ec/rj 31/ 52
S.F. 396 DIVISION III 1 HUMAN RESOURCE MANAGEMENT 2 Sec. 39. Section 8A.402, subsection 1, Code 2013, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . i. The development and implementation of 5 a plan to centralize the human resource management functions 6 for state executive branch agencies within the department, 7 except for institutions under the control of the state board 8 of regents. 9 Sec. 40. DEPARTMENT OF ADMINISTRATIVE SERVICES —— 10 CENTRALIZED HUMAN RESOURCE MANAGEMENT. 11 1. The director of the department of administrative 12 services shall develop and implement a plan to centralize 13 the human resource management functions for executive branch 14 agencies under the department of administrative services, 15 except for institutions under the control of the state board of 16 regents, by December 15, 2015. 17 2. The centralized human resource management plan shall do 18 all of the following: 19 a. Identify the human resource duties and processes being 20 utilized by each agency. 21 b. Identify the positions being utilized by the agencies to 22 perform the human resource duties. 23 c. Establish best practices for a consolidated human 24 resources model and identify the estimated cost savings that 25 will result from implementation of the plan. 26 d. Detail and implement an organizational structure to 27 support a fully consolidated human resources model. 28 e. Identify space, technology, and equipment needs, and 29 acquire and implement such tools and resources in support of 30 the consolidated human resources model. Such efforts shall be 31 done in collaboration with the state chief information officer 32 and the general services, state accounting, and information 33 technology enterprises of the department of administrative 34 services. 35 -32- LSB 1864SV (5) 85 ec/rj 32/ 52
S.F. 396 f. Establish a comprehensive budget to be used and establish 1 the utility rate to be charged each agency as a result of the 2 consolidation. 3 g. Establish detailed timelines for transition and 4 communicate the timelines to the agencies. 5 3. State executive branch agencies, except for institutions 6 under the control of the state board of regents, shall do all 7 of the following: 8 a. Provide the department of administrative services with 9 all of the following information: 10 (1) Information regarding the human resource duties and 11 responsibilities being performed by agency staff. 12 (2) The direct and indirect costs associated with agency 13 staff performing human resource duties. 14 (3) Information about the human resource information and 15 records storage systems being used to perform human resource 16 work. 17 b. Adjust internal staffing as required in the centralized 18 human resource management plan developed by the department of 19 administrative services. 20 c. Agencies outside of the department of administrative 21 services shall not hire or replace any staff for the 22 purposes of conducting human resource work. The department 23 of administrative services shall partner with agencies 24 to transition and consolidate work in the human resource 25 enterprise of the department of administrative services. 26 d. Transition to the human resources and payroll systems 27 selected and operated by the department of administrative 28 services pursuant to timelines identified by the department of 29 administrative services. 30 e. Adhere to all objectives and timelines required in the 31 centralized human resource management plan developed by the 32 department of administrative services. 33 DIVISION IV 34 STATE PHYSICAL RESOURCES 35 -33- LSB 1864SV (5) 85 ec/rj 33/ 52
S.F. 396 Sec. 41. STATE EMPLOYEE WORK ENVIRONMENT ANALYSIS 1 AND REPORT. By September 30, 2013, the department of 2 administrative services shall conduct a high level needs 3 analysis of state employee work stations and office standards, 4 assessing adequate square footage needs, and creating healthy, 5 productive, and efficient work environments in an economical 6 manner. Overall objectives of the analysis shall include 7 improving employee density; properly allocating space for 8 individual and group work; improving worker health and 9 safety; improving technology integration; and improving energy 10 efficiency and sustainability in state offices. The department 11 shall submit findings and recommendations to the capitol 12 planning commission and to the legislative fiscal committee by 13 October 30, 2013. 14 DIVISION V 15 AUDITS 16 Sec. 42. Section 11.6, subsection 10, Code 2013, is amended 17 to read as follows: 18 10. The auditor of state shall adopt rules in accordance 19 with chapter 17A to establish and collect a filing fee for 20 the filing of each report of audit or examination conducted 21 pursuant to subsections 1 through 3 subsection 1, paragraphs “a” 22 and “c” , subsection 2, and subsection 3 . The funds collected 23 shall be maintained in a segregated account for use by the 24 office of the auditor of state in performing audits conducted 25 pursuant to subsection 4 and for work paper reviews conducted 26 pursuant to subsection 5 . Any funds collected by the auditor 27 pursuant to subsection 4 shall be deposited in this account. 28 Notwithstanding section 8.33 , the funds in this account shall 29 not revert at the end of any fiscal year. 30 Sec. 43. EFFECTIVE UPON ENACTMENT. This division of this 31 Act, being deemed of immediate importance, takes effect upon 32 enactment. 33 DIVISION VI 34 ELECTRONIC COMMUNICATIONS 35 -34- LSB 1864SV (5) 85 ec/rj 34/ 52
S.F. 396 Sec. 44. Section 22.7, Code 2013, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 65. Electronic mail addresses of 3 individuals collected by state departments and agencies for the 4 sole purpose of disseminating routine information and notices 5 through electronic communications that are not prepared for a 6 specific recipient. 7 Sec. 45. STATE DEPARTMENT AND AGENCY LIMITATIONS ON 8 MAIL. Notwithstanding any provision of the law to the 9 contrary, a state department or agency shall provide 10 departmental or agency notices or information through the 11 department’s or agency’s internet site or through electronic 12 mail to the fullest extent possible. This requirement shall 13 not apply to department and agency communications required for 14 purposes of pursuing legal action or to comply with federal 15 law. Departments and agencies shall have rulemaking authority 16 to implement this section and to collect electronic mail 17 addresses for the purpose of electronic communications. 18 DIVISION VII 19 STATE RECORDS 20 Sec. 46. Section 96.11, subsection 11, Code 2013, is amended 21 to read as follows: 22 11. Destruction of records. The department may destroy 23 or dispose of such original reports or records as have been 24 properly recorded or summarized in the permanent records of 25 the department and are deemed by the director and the state 26 records commission department of cultural affairs to be no 27 longer necessary to the proper administration of this chapter . 28 Wage records of the individual worker or transcripts therefrom 29 may be destroyed or disposed of, if approved by the state 30 records commission department of cultural affairs , two years 31 after the expiration of the period covered by such wage records 32 or upon proof of the death of the worker. Such destruction 33 or disposition shall be made only by order of the director in 34 consultation with the state records commission department of 35 -35- LSB 1864SV (5) 85 ec/rj 35/ 52
S.F. 396 cultural affairs . Any moneys received from the disposition of 1 such records shall be deposited to the credit of the employment 2 security administration fund, subject to rules promulgated by 3 the department. 4 Sec. 47. Section 305.2, subsection 2, Code 2013, is amended 5 to read as follows: 6 2. “Archives” means records that have been appraised by 7 the state records commission department as having sufficient 8 historical, research, evidential, or informational value to 9 warrant permanent preservation and that have been transferred 10 to the custody of the state archives. 11 Sec. 48. Section 305.2, subsections 3 and 5, Code 2013, are 12 amended by striking the subsections. 13 Sec. 49. Section 305.2, Code 2013, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 4A. “Department” means the department of 16 cultural affairs. 17 Sec. 50. Section 305.2, subsection 12, Code 2013, is amended 18 to read as follows: 19 12. “Records series retention and disposition schedule” 20 means a timetable established by the state records commission 21 department that describes the length of time a records series 22 of an agency or multiple agencies must be retained in active 23 and inactive status and provides authorization for a final 24 disposition of the records series by destruction or permanent 25 retention. 26 Sec. 51. Section 305.4, unnumbered paragraph 1, Code 2013, 27 is amended to read as follows: 28 The commission department shall adopt government information 29 policies, standards, and guidelines to do all of the following: 30 Sec. 52. Section 305.8, subsection 1, unnumbered paragraph 31 1, Code 2013, is amended to read as follows: 32 The commission department shall do all of the following: 33 Sec. 53. Section 305.8, subsection 1, Code 2013, is amended 34 by adding the following new paragraph: 35 -36- LSB 1864SV (5) 85 ec/rj 36/ 52
S.F. 396 NEW PARAGRAPH . 0e. Provide training, advice, and counsel 1 to agencies on government information policies, standards, and 2 guidelines. 3 Sec. 54. Section 305.8, subsection 1, Code 2013, is amended 4 by adding the following new paragraphs: 5 NEW PARAGRAPH . 0f. Develop and distribute operating 6 procedures for agencies to use to implement the plans, 7 policies, standards, and guidelines adopted by the department. 8 NEW PARAGRAPH . 00f. Manage any centralized records storage 9 facility established by the department for the temporary 10 storage of agency records prior to their final disposition by 11 destruction or permanent preservation in accordance with the 12 records series retention and disposition schedules. 13 NEW PARAGRAPH . 000f. Appoint a state archivist to head the 14 state archives and records program. 15 NEW PARAGRAPH . 0000f. Manage the state archives and develop 16 operating procedures for the transfer, accession, arrangement, 17 description, preservation, protection, and public access of 18 those records the department identifies as having permanent 19 value. 20 NEW PARAGRAPH . 00000f. Maintain physical custody and legal 21 custody of archives that have been transferred and delivered 22 to the state archives. 23 (1) Upon receipt by the state archivist, the archives shall 24 not be removed without the state archivist’s consent except in 25 response to a subpoena of a court of record or in accordance 26 with approved records series retention and disposition 27 schedules or after review and approval of the department. 28 (2) Upon request, the state archivist shall make a certified 29 copy of any record in the legal custody or in the physical 30 custody of the state archivist, or a certified transcript 31 of any record if reproduction is inappropriate because of 32 legal or physical considerations. If a copy or transcript is 33 properly authenticated, it has the same legal effect as though 34 certified by the officer from whose office it was transferred 35 -37- LSB 1864SV (5) 85 ec/rj 37/ 52
S.F. 396 or by the secretary of state. The department shall establish 1 reasonable fees for certified copies or certified transcripts 2 of records in the legal custody or physical custody of the 3 state archivist. 4 NEW PARAGRAPH . 000000f. Establish, maintain, and administer 5 an archive of records created and maintained in electronic 6 format in order to preserve and provide public access to state 7 government records identified as having permanent historical 8 value by the department. 9 Sec. 55. Section 305.8, subsection 1, Code 2013, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . 0i. Establish rates to be charged an agency 12 by the department for storage and retention of records of 13 the agency in a records storage facility maintained by the 14 department. Rates established shall be reviewed annually by 15 the department and shall be reasonably related to the cost of 16 storing and retaining records of an agency. 17 Sec. 56. Section 305.8, subsection 2, unnumbered paragraph 18 1, Code 2013, is amended to read as follows: 19 The commission department may do all of the following: 20 Sec. 57. Section 305.8, subsection 2, Code 2013, is amended 21 by adding the following new paragraph: 22 NEW PARAGRAPH . 0g. Upon written consent of the state 23 archivist, accept records of political subdivisions that are 24 voluntarily transferred to the state archives. 25 Sec. 58. Section 305.8, subsection 2, paragraph e, Code 26 2013, is amended to read as follows: 27 e. Make, or cause to be made, preservation duplicates of 28 records, which may include existing copies of original state 29 records. Any preservation duplicate record shall be durable, 30 accurate, complete, and clear, and shall be made by means 31 designated by the commission department . 32 Sec. 59. NEW SECTION . 305.8A Records retention and storage 33 costs —— billing —— internal service fund. 34 1. The department may bill an agency for records storage 35 -38- LSB 1864SV (5) 85 ec/rj 38/ 52
S.F. 396 and retention services rendered by the department pursuant to 1 the rates established by the department for these services. 2 The department shall periodically render a billing statement 3 to an agency outlining the cost of services provided. The 4 amount indicated on the statement shall be paid by the agency 5 and amounts received by the department shall be considered 6 repayment receipts as defined in section 8.2, and deposited 7 into the accounts of the department. 8 2. a. The department may establish and maintain an internal 9 service fund in accordance with generally accepted accounting 10 principles, as defined in section 8.57, for the records storage 11 and retention activities of the department which are primarily 12 funded from billings to agencies for services rendered by the 13 department. 14 b. The internal service fund shall be administered by 15 the department and shall consist of moneys collected by the 16 department from billings issued in accordance with this section 17 and any other moneys obtained or accepted by the department, 18 including but not limited to gifts, loans, donations, grants, 19 and contributions, which are designated to support the 20 activities of the internal service fund. 21 c. The proceeds of the internal service fund established 22 pursuant to this section shall be used by the department 23 for the operations of the department in records storage and 24 retention consistent with this chapter. 25 d. Section 8.33 does not apply to any moneys in the 26 internal service fund established pursuant to this section. 27 Notwithstanding section 12C.7, subsection 2, interest or 28 earnings on moneys deposited in the fund shall be credited to 29 the fund. 30 e. The director of the department shall annually provide 31 financial information and reports relative to the internal 32 service fund established pursuant to this section to the 33 department of management and the general assembly. The 34 information provided may include the recommendation that a 35 -39- LSB 1864SV (5) 85 ec/rj 39/ 52
S.F. 396 portion of unexpended net income be periodically returned to 1 the appropriate funding source. 2 Sec. 60. Section 305.10, subsection 1, paragraphs c, d, e, 3 f, and j, Code 2013, are amended to read as follows: 4 c. Cooperate with the state records commission department 5 and the state archives and records program in the development 6 and implementation of government information policies, 7 standards, and guidelines, and in the development and 8 implementation of records series retention and disposition 9 schedules. 10 d. Comply with requests from the state records commission 11 or department and the state archives and records program to 12 examine records in the possession, constructive possession, or 13 control of the agency in order to carry out the purposes of 14 this chapter . 15 e. Inventory agency records in accordance with state 16 records commission department policies to draft records series 17 retention and disposition schedules. 18 f. Identify vital operating records in accordance with 19 the policies, standards, and guidelines of the state records 20 commission department . 21 j. Provide for compliance with this chapter and the rules 22 adopted by the state records commission department . 23 Sec. 61. Section 305.10, subsection 2, Code 2013, is amended 24 to read as follows: 25 2. Agency heads may petition the state records commission 26 department to create or modify government information policies, 27 standards, and guidelines, and to create or modify records 28 series retention and disposition schedules. 29 Sec. 62. Section 305.11, Code 2013, is amended to read as 30 follows: 31 305.11 Termination of state agency —— records transfer. 32 Upon the termination of a state agency whose functions have 33 not been transferred to another agency, custody of the records 34 of the agency shall transfer to the commission department . 35 -40- LSB 1864SV (5) 85 ec/rj 40/ 52
S.F. 396 Sec. 63. Section 305.14, Code 2013, is amended to read as 1 follows: 2 305.14 Liability precluded. 3 No member An employee of the commission department or head 4 of an agency shall not be held liable for damages or loss, or 5 civil or criminal liability, because of the destruction of 6 public records pursuant to the provisions of this chapter or 7 any other law authorizing their destruction. 8 Sec. 64. Section 305.15, Code 2013, is amended to read as 9 follows: 10 305.15 Exemptions —— duties of state department of 11 transportation and state board of regents. 12 The state department of transportation and the agencies and 13 institutions under the control of the state board of regents 14 are exempt from the state records manual and the provisions of 15 this chapter . However, the state department of transportation 16 and the state board of regents shall adopt rules pursuant to 17 chapter 17A for their employees, agencies, and institutions 18 that are consistent with the objectives of this chapter . 19 The rules shall be approved by the state records commission 20 department . 21 Sec. 65. Section 305.16, subsection 6, paragraph b, 22 subparagraph (1), Code 2013, is amended to read as follows: 23 (1) Serve in an advisory capacity to the state records 24 commission department , the state archives and records program, 25 and other statewide archival or records agencies. 26 Sec. 66. Section 321.31, subsection 1, paragraph b, Code 27 2013, is amended to read as follows: 28 b. The department may make photostatic, microfilm, or other 29 photographic copies of certificates of title, registration 30 receipts, or other records, reports or documents which are 31 required to be retained by the department. When copies have 32 been made, the department may destroy the original records in 33 such manner as prescribed by the director. The photostatic, 34 microfilm, or other photographic copies, when no longer of use, 35 -41- LSB 1864SV (5) 85 ec/rj 41/ 52
S.F. 396 may be destroyed in the manner prescribed by the director, 1 subject to the approval of the state records commission 2 department of cultural affairs . Photostatic, microfilm, or 3 other photographic copies of records shall be admissible in 4 evidence when duly certified and authenticated by the officer 5 having custody and control of the copies of records. Records 6 of vehicle certificates of title may be destroyed seven years 7 after the date of issue. 8 Sec. 67. REPEAL. Sections 305.3, 305.5, 305.6, 305.7, and 9 305.9, Code 2013, are repealed. 10 Sec. 68. ADMINISTRATIVE RULES —— TRANSITION PROVISIONS. 11 1. Any rule, regulation, form, order, or directive 12 promulgated by the state records commission relative to the 13 provisions of this division of this Act in existence on the 14 effective date of this division of this Act shall continue in 15 full force and effect until amended, repealed, or supplemented 16 by affirmative action of the department of cultural affairs 17 under the duties and powers established in this division of 18 this Act and under the procedure established in subsection 2. 19 2. In regard to updating references and format in the Iowa 20 administrative code in order to correspond to the transferring 21 of duties as established in this division of this Act, the 22 administrative rules coordinator and the administrative rules 23 review committee, in consultation with the administrative code 24 editor, shall jointly develop a schedule for the necessary 25 updating of the Iowa administrative code. 26 DIVISION VIII 27 PUBLIC HEALTH 28 Sec. 69. Section 135.11, subsection 24, Code 2013, is 29 amended by striking the subsection. 30 Sec. 70. Section 135.11, subsection 28, Code 2013, is 31 amended to read as follows: 32 28. In consultation with the advisory committee for 33 perinatal guidelines, develop Develop and maintain the 34 statewide perinatal program based on the recommendations of 35 -42- LSB 1864SV (5) 85 ec/rj 42/ 52
S.F. 396 the American academy of pediatrics and the American college 1 of obstetricians and gynecologists contained in the most 2 recent edition of the guidelines for perinatal care, and shall 3 adopt rules in accordance with chapter 17A to implement those 4 recommendations. Hospitals within the state shall determine 5 whether to participate in the statewide perinatal program, 6 and select the hospital’s level of participation in the 7 program. A hospital having determined to participate in the 8 program shall comply with the guidelines appropriate to the 9 level of participation selected by the hospital. Perinatal 10 program surveys and reports are privileged and confidential 11 and are not subject to discovery, subpoena, or other means 12 of legal compulsion for their release to a person other than 13 the affected hospital, and are not admissible in evidence in a 14 judicial or administrative proceeding other than a proceeding 15 involving verification of the participating hospital under this 16 subsection . 17 Sec. 71. Section 147A.24, subsection 1, paragraph q, Code 18 2013, is amended by striking the paragraph and inserting in 19 lieu thereof the following: 20 q. Iowa’s Medicare quality improvement organization. 21 Sec. 72. Section 147A.24, subsection 4, Code 2013, is 22 amended by adding the following new paragraph: 23 NEW PARAGRAPH . h. Develop, implement, and conduct trauma 24 care system evaluation, quality assessment, and quality 25 improvement. 26 Sec. 73. Section 147A.24, Code 2013, is amended by adding 27 the following new subsection: 28 NEW SUBSECTION . 5. Proceedings, records, and reports 29 developed pursuant to this section constitute peer review 30 records under section 147.135, and are not subject to discovery 31 by subpoena or admissible as evidence. All information and 32 documents received from a hospital or emergency care facility 33 under this subchapter shall be confidential pursuant to section 34 272C.6, subsection 4. 35 -43- LSB 1864SV (5) 85 ec/rj 43/ 52
S.F. 396 Sec. 74. Section 147A.26, subsection 1, Code 2013, is 1 amended to read as follows: 2 1. The department shall maintain a statewide trauma 3 reporting system by which the system evaluation and quality 4 improvement committee, the trauma system advisory council, and 5 the department may monitor the effectiveness of the statewide 6 trauma care system. 7 Sec. 75. REPEAL. Section 147A.25, Code 2013, is repealed. 8 Sec. 76. REPEAL. Chapter 135N, Code 2013, is repealed. 9 DIVISION IX 10 PUBLIC SAFETY PEACE OFFICERS’ RETIREMENT SYSTEM 11 Sec. 77. Section 97A.6, subsection 7, paragraph a, 12 subparagraph (1), Code 2013, is amended to read as follows: 13 (1) Should any beneficiary for either ordinary or 14 accidental disability, except a beneficiary who is fifty-five 15 years of age or over and would have completed twenty-two years 16 of service if the beneficiary had remained in active service, 17 be engaged in a gainful occupation paying more than the 18 difference between the member’s net retirement allowance and 19 one two and one-half times the current earnable compensation 20 of an active member at the same position on the salary scale 21 within the member’s rank as the member held at retirement, then 22 the amount of the retirement allowance shall be reduced to an 23 amount such that the member’s net retirement allowance plus the 24 amount earned by the member shall equal one two and one-half 25 times the amount of the current earnable compensation of an 26 active member at the same position on the salary scale within 27 the member’s rank as the member held at retirement. Should 28 the member’s earning capacity be later changed, the amount of 29 the retirement allowance may be further modified, provided 30 that the new retirement allowance shall not exceed the amount 31 of the retirement allowance originally granted adjusted by 32 annual readjustments of pensions pursuant to subsection 14 of 33 this section nor an amount which would cause the member’s net 34 retirement allowance, when added to the amount earned by the 35 -44- LSB 1864SV (5) 85 ec/rj 44/ 52
S.F. 396 beneficiary, to equal one two and one-half times the amount 1 of the current earnable compensation of an active member at 2 the same position on the salary scale within the member’s rank 3 as the member held at retirement. A beneficiary restored 4 to active service at a salary less than the average final 5 compensation upon the basis of which the member was retired at 6 age fifty-five or greater, shall not again become a member of 7 the retirement system and shall have the member’s retirement 8 allowance suspended while in active service. If the rank or 9 position held by the retired member is subsequently abolished, 10 adjustments to the allowable limit on the amount of income 11 which can be earned in a gainful occupation shall be computed 12 in the same manner as provided in subsection 14 , paragraph “c” , 13 of this section for readjustment of pensions when a rank or 14 position has been abolished. If the salary scale associated 15 with a member’s rank at retirement is changed after the member 16 retires, earnable compensation for purposes of this section 17 shall be based upon the salary an active member currently 18 would receive at the same rank and with seniority equal to 19 that of the retired member at the time of retirement. For 20 purposes of this paragraph, “net retirement allowance” means 21 the amount determined by subtracting the amount paid during the 22 previous calendar year by the beneficiary for health insurance 23 or similar health care coverage for the beneficiary and the 24 beneficiary’s dependents from the amount of the member’s 25 retirement allowance paid for that year pursuant to this 26 chapter . The beneficiary shall submit sufficient documentation 27 to the board of trustees to permit the system to determine the 28 member’s net retirement allowance for the applicable year. 29 DIVISION X 30 REPORT —— STATE DEBT COORDINATOR 31 Sec. 78. DEPARTMENT OF REVENUE AND OFFICE OF THE STATE 32 DEBT COORDINATOR —— REPORT. The director of revenue shall 33 develop and recommend legislative proposals deemed necessary 34 for the continued efficiency of the functions of the office of 35 -45- LSB 1864SV (5) 85 ec/rj 45/ 52
S.F. 396 the state debt coordinator established in section 421C.1, and 1 shall prepare and file a report detailing the recommendations. 2 The report shall be filed by the director of revenue with 3 the department of management, the governor, and the general 4 assembly no later than January 13, 2014. 5 DIVISION XI 6 ONGOING PROGRAM REVIEW 7 Sec. 79. Section 2.69, subsection 4, Code 2013, is amended 8 by adding the following new paragraph: 9 NEW PARAGRAPH . 0c. Comprehensively review on a regular 10 basis the programs and projects administered by state 11 government to determine whether each program and project 12 reviewed is effectively and efficiently meeting the needs for 13 which created, and whether the needs remain applicable. The 14 review shall consider whether modifications to the program or 15 project reviewed could better meet the needs identified in a 16 more effective manner. 17 DIVISION XII 18 BOARDS AND COMMISSIONS 19 Sec. 80. Section 190A.3, subsection 3, Code 2013, is amended 20 to read as follows: 21 3. The farm-to-school council department of agriculture 22 and land stewardship and the department of education shall 23 seek to establish partnerships with public agencies and 24 nonprofit organizations to implement a structure to facilitate 25 communication between farmers and schools. 26 Sec. 81. Section 190A.3, subsection 4, Code 2013, is amended 27 to read as follows: 28 4. The farm-to-school council department of agriculture and 29 land stewardship and the department of education shall actively 30 seek financial or in-kind contributions from organizations or 31 persons to support the program. 32 Sec. 82. Section 256.9, subsection 55, paragraph j, Code 33 2013, is amended by striking the paragraph. 34 Sec. 83. REPEAL. Section 190A.2, Code 2013, is repealed. 35 -46- LSB 1864SV (5) 85 ec/rj 46/ 52
S.F. 396 DIVISION XIII 1 OBSOLETE PROVISIONS 2 Sec. 84. REPEAL. Section 15.112, Code 2013, is repealed. 3 Sec. 85. REPEAL. Chapters 15C and 15D, Code 2013, are 4 repealed. 5 EXPLANATION 6 This bill relates to government efficiency, including other 7 matters related to the operation of state and local government. 8 DIVISION I —— GOVERNMENT INFORMATION TECHNOLOGY SERVICES. 9 This division transfers the information technology 10 functions and chief information officer of the department of 11 administrative services (DAS) to a new independent office 12 of the chief information officer that is attached to the 13 department of administrative services. 14 Code section 8A.101, the definitions provision for DAS, is 15 amended to provide that the definitions also apply to the Code 16 chapter creating the new office. 17 Code section 8A.104, describing the powers and duties of the 18 director of DAS, is amended to provide that the director shall 19 provide assistance and administrative support services to the 20 new office as necessary. 21 New Code chapter 8B establishes the office of the chief 22 information officer directed by the chief information officer 23 of the state. 24 The new Code chapter includes provisions of Code chapter 25 8A that apply generally to DAS to include provisions in Code 26 chapter 8A on prohibited interests, acceptance of funds, 27 federal funds, services to governmental entities and nonprofit 28 organizations, internal service funds, additional personnel, 29 billing, debts, and liabilities. 30 Concerning information technology, the provisions in 31 Code chapter 8A, subchapter II, providing for, in part, the 32 appointment of a chief information officer and the information 33 technology duties and services provided by DAS, are moved to 34 new Code chapter 8B. 35 -47- LSB 1864SV (5) 85 ec/rj 47/ 52
S.F. 396 In addition, the powers and duties of the chief information 1 officer, currently described in Code section 8A.203 and moved 2 to new Code section 8B.4 in the bill, are expanded from current 3 law to give the chief information officer the authority to 4 adopt rules, prepare a budget, adopt rules regarding the 5 approval of information technology budgets of other agencies, 6 and administer all accounting, billing, and collection 7 functions required by DAS. 8 New Code section 8B.21, concerning information technology 9 services currently described in Code section 8A.202, also 10 includes new provisions directing the new office to establish 11 an enterprise strategic and project management function for 12 oversight of all information technology-related projects and 13 resources of participating agencies and requiring that security 14 policies and systems developed by the new office be consistent 15 with the state’s data transparency efforts. 16 The bill also includes transition provisions governing 17 administrative rules, personnel moved from DAS to the new 18 office, transfer of funds to the new office, and information 19 technology-related causes of action. 20 The division directs the new office to conduct an inventory 21 of information technology devices utilized by state agencies 22 with the goal of identifying possibilities to reduce costs. 23 The new office is required to submit a report to the general 24 assembly by January 1, 2014, concerning the results of the 25 inventory. 26 The division also directs the new office to establish a 27 schedule for departments to comply with information technology 28 coordination and management requirements of Code chapter 29 8B. In addition, the new office is encouraged to procure 30 information technology for participating agencies through 31 leasing. 32 DIVISION II —— PHASED RETIREMENT PROGRAM. This division 33 repeals the phased retirement program for state employees. 34 Code section 70A.30 is amended to authorize, but not require, 35 -48- LSB 1864SV (5) 85 ec/rj 48/ 52
S.F. 396 the department of administrative services to establish a phased 1 retirement program. A transition provision allows those state 2 employees currently participating in the phased retirement 3 program repealed by the bill to continue participation in 4 the program after the effective date of this division of 5 the bill. The bill provides for continuation of a standing 6 appropriation to the Iowa public employees’ retirement fund for 7 such continued participation. 8 DIVISION III —— HUMAN RESOURCE MANAGEMENT. This division 9 concerns human resource management for state executive branch 10 agencies. The bill requires the department of administrative 11 services to centralize the human resource management functions 12 for executive branch agencies under the department of 13 administrative services, except for institutions under the 14 control of the state board of regents, by December 15, 2015. 15 The bill amends Code section 8A.402(1) by requiring that the 16 department develop and implement the plan. The bill provides 17 the elements that must be included in the centralized human 18 resource management plan and describes what applicable state 19 executive branch agencies must do relative to developing and 20 implementing the centralized plan. 21 DIVISION IV —— STATE PHYSICAL RESOURCES. This division 22 of the bill requires that DAS conduct an analysis of state 23 employee workstations and office standards by September 30, 24 2013. The division further requires the department to submit 25 findings and recommendations to the capitol planning commission 26 and the legislative fiscal committee by October 30, 2013. 27 DIVISION V —— AUDITS. This division concerns audit costs and 28 filing fees for the filing of certain audits or examinations 29 conducted by the auditor of state. 30 Code section 11.6(10) is amended to eliminate the authority 31 of the auditor to establish and collect a filing fee relative 32 to certain audits conducted on certain mental health centers, 33 substance abuse programs, and community action agencies. 34 The division takes effect upon enactment. 35 -49- LSB 1864SV (5) 85 ec/rj 49/ 52
S.F. 396 DIVISION VI —— ELECTRONIC COMMUNICATIONS. This division 1 provides that each state department and agency shall provide 2 departmental or agency notices or information through the 3 department’s or agency’s internet site or through electronic 4 mail to the fullest extent possible. Code section 22.7, 5 concerning confidential public records, is amended to provide 6 that electronic mail addresses of individuals collected 7 by state departments and agencies for the sole purpose 8 of disseminating routine information and notices through 9 electronic communications that are not prepared for a specific 10 recipient shall be considered confidential. 11 DIVISION VII —— STATE RECORDS. This division eliminates 12 the state records commission and transfers the duties and 13 responsibilities of the state records commission to the 14 department of cultural affairs. The division includes a 15 transition provision that any rule promulgated by the state 16 records commission shall continue until changed by the 17 department of cultural affairs. 18 The division also authorizes the department of cultural 19 affairs to bill agencies for records storage and retention. 20 Code section 305.8 is amended to provide that the department 21 of cultural affairs establish rates to charge agencies for 22 providing records storage and retention services. New Code 23 section 305.8A authorizes the department of cultural affairs 24 to bill agencies for records storage and retention services, 25 establish an internal service fund for receipt of moneys from 26 agencies billed for this purpose, and authorizes the department 27 to utilize moneys received and deposited in the fund for the 28 operations of the department in records storage and retention. 29 DIVISION VIII —— PUBLIC HEALTH. This division concerns the 30 department of public health. 31 Code section 135.11 is amended to eliminate the requirement 32 of the department to establish an abuse education review panel 33 and the advisory committee for perinatal guidelines. 34 Code section 147A.25, establishing a system evaluation and 35 -50- LSB 1864SV (5) 85 ec/rj 50/ 52
S.F. 396 quality improvement committee, is repealed and the duties 1 transferred to the trauma system advisory council. The bill 2 also adds a representative to the trauma system advisory 3 council from Iowa’s Medicare quality improvement organization 4 in lieu of the state emergency medical services medical 5 director. 6 Code chapter 135N, establishing a hemophilia advisory 7 committee, is repealed. 8 DIVISION IX —— PUBLIC SAFETY PEACE OFFICERS’ RETIREMENT 9 SYSTEM. This division concerns the recalculation of an 10 accidental or ordinary disability retirement benefit for a 11 beneficiary under 55 years of age under the Public Safety 12 Peace Officers’ Retirement, Accident, and Disability system 13 (PORS). The bill provides that a beneficiary shall have 14 their disability retirement benefit reduced equal to the 15 difference in income the beneficiary is receiving from other 16 work and two and one-half times the amount of the current 17 earnable compensation of an active member of PORS at the same 18 position on the salary scale as the disability beneficiary less 19 the disability beneficiary’s net retirement allowance. Net 20 retirement allowance is defined as the disability beneficiary’s 21 retirement allowance minus certain health insurance costs. 22 Current law reduces the disability benefit if the disability 23 beneficiary’s income from other employment is one and one-half 24 times the amount of an active member of PORS minus the net 25 retirement allowance. 26 DIVISION X —— REPORT —— STATE DEBT COORDINATOR. This 27 division establishes a report to be prepared and filed by the 28 director of revenue. The director will develop and recommend 29 legislative proposals deemed necessary for the office of the 30 state debt coordinator, which shall be compiled in a report and 31 filed with the department of management, the governor, and the 32 general assembly no later than January 13, 2014. 33 DIVISION XI —— ONGOING PROGRAM REVIEW. This division 34 amends Code section 2.69, establishing the legislative 35 -51- LSB 1864SV (5) 85 ec/rj 51/ 52
S.F. 396 state government efficiency review committee, to provide 1 that the committee also conduct a comprehensive review on a 2 regular basis of programs and projects administered by state 3 government. 4 DIVISION XII —— BOARDS AND COMMISSIONS. The division 5 repeals the farm-to-school council. 6 DIVISION XIII —— OBSOLETE PROVISIONS. This division repeals 7 Code section 15.112, relating to matching funds for a farmworks 8 national demonstration project; Code chapter 15C, relating to 9 a world trade center; and Code chapter 15D, relating to the 10 midwest nuclear compact, which contains provisions relating to 11 repeal and withdrawal from the compact. 12 -52- LSB 1864SV (5) 85 ec/rj 52/ 52