House File 558 - Introduced HOUSE FILE 558 BY COMMITTEE ON COMMERCE (SUCCESSOR TO HSB 119) A BILL FOR An Act concerning the office of the chief information officer 1 relating to designation of certain information technology 2 staff, background checks, and the technology advisory 3 council. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1360HV (1) 87 ec/sc

H.F. 558 Section 1. Section 8B.1, subsection 13, Code 2017, is 1 amended by striking the subsection. 2 Sec. 2. Section 8B.4, Code 2017, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 2A. Designate a chief technology officer 5 and a chief information security officer for the state. 6 The chief technology officer shall have responsibility 7 for enterprise technology strategy, including information 8 technology services, information technology platforms, 9 information architecture, system integration, and technology 10 innovation. The chief information security officer shall have 11 responsibility for enterprise information security, including 12 information technology continuity of operations and disaster 13 recovery, information security awareness, information security 14 policy and standards, and information security monitoring and 15 oversight. 16 Sec. 3. NEW SECTION . 8B.4A Background checks. 17 An applicant for employment with the office, or an applicant 18 for employment with a participating agency for a position as 19 information technology staff, may be subject to a background 20 investigation by the office. The background investigation may 21 include, without limitation, a work history, financial review, 22 request for criminal history data, and national criminal 23 history check through the federal bureau of investigation. 24 In addition, a contractor, vendor, employee, or any other 25 individual performing work for the office, or an individual on 26 the information technology staff of a participating agency, 27 may be subject to a national criminal history check through 28 the federal bureau of investigation at least once every ten 29 years, including, without limitation, any time the office or 30 participating agency has reason to believe an individual has 31 been convicted of a crime. The office may request the national 32 criminal history check and shall provide the individual’s 33 fingerprints to the department of public safety for submission 34 through the state criminal history repository to the federal 35 -1- LSB 1360HV (1) 87 ec/sc 1/ 3

H.F. 558 bureau of investigation. The individual shall authorize 1 release of the results of the national criminal history 2 check to the office and the applicable participating agency. 3 The office shall pay the actual cost of the fingerprinting 4 and national criminal history check, if any, unless 5 otherwise agreed as part of a contract between the office or 6 participating agency and a vendor or contractor performing 7 work for the office or participating agency. The results of a 8 criminal history check conducted pursuant to this section shall 9 not be considered a public record under chapter 22. 10 Sec. 4. Section 8B.33, subsection 1, Code 2017, is amended 11 to read as follows: 12 1. An IowAccess revolving fund is created in the state 13 treasury. The revolving fund shall be administered by the 14 office and shall consist of moneys collected by the office as 15 fees, moneys appropriated by the general assembly, and any 16 other moneys obtained or accepted by the office for deposit in 17 the revolving fund. The proceeds of the revolving fund are 18 appropriated to and shall be used by the office to maintain, 19 develop, operate, and expand IowAccess consistent with this 20 chapter , and for the support of activities of the technology 21 advisory council pursuant to section 8B.8 . 22 Sec. 5. REPEAL. Section 8B.8, Code 2017, is repealed. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill concerns the office of the chief information 27 officer. 28 Code section 8B.4 is amended to provide that the chief 29 information officer shall designate a chief technology officer 30 and a chief information security officer for the state. The 31 bill provides that the chief technology officer shall have 32 responsibility concerning enterprise technology strategy 33 and that the chief information security officer shall have 34 responsibility concerning enterprise information security. 35 -2- LSB 1360HV (1) 87 ec/sc 2/ 3

H.F. 558 New Code section 8A.4A provides for an optional background 1 investigation for an applicant for employment with the 2 office or an applicant for employment with a participating 3 agency for a position as information technology staff, 4 which may include work history review, financial review, a 5 request for criminal history data, and a national criminal 6 history check through the federal bureau of investigation 7 (FBI). In addition, the bill provides that an applicant 8 for employment with the office, an applicant for employment 9 with a participating agency as information technology staff, 10 or a contractor, vendor, employee, or any other individual 11 performing work for the office may be subject to a national 12 criminal history check through the FBI at least once every 13 10 years or at any time the office or participating agency 14 has reason to believe an individual has been convicted of a 15 crime. If conducted, the bill directs the office to provide 16 fingerprints to the department of public safety for submission 17 through the state criminal history repository to the FBI, and 18 requires individuals to authorize release of the results to the 19 office and the applicable participating agency. The office is 20 required to pay the actual costs of the fingerprinting and the 21 criminal history check unless otherwise agreed by contract. 22 The bill provides that the results of a criminal history check 23 are not considered a public record under Code chapter 22 (open 24 records). 25 Code section 8B.8, providing for a technology advisory 26 council, is repealed by the bill. 27 -3- LSB 1360HV (1) 87 ec/sc 3/ 3