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- SF 396 (8) 85 ec/rj/jh 1/ 38

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- SF 396 (8) 85 ec/rj/jh 2/ 38

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- SF 396 (8) 85 ec/rj/jh 3/ 38

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- SF 396 (8) 85 ec/rj/jh 4/ 38

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 22 as provided in this chapter. For employees of the office, 23 employment shall be consistent with chapter 8A, subchapter IV. 24 3. Manage, in consultation with the applicable 25 participating agency, the information technology staff 26 of participating agencies, to include directing the work 27 of information technology staff, assigning information 28 technology staff as required to support information technology 29 requirements and initiatives of the office, and to review and 30 recommend approval of information technology staff employment 31 decisions in coordination with the department of management. 32 4. Prepare an annual budget for the office. Adopt rules 33 for the approval of information technology budgets for 34 participating agencies in conjunction with the department of 35 -5- SF 396 (8) 85 ec/rj/jh 5/ 38

S.F. 396 management. 1 5. Adopt rules deemed necessary for the administration of 2 this chapter in accordance with chapter 17A. 3 6. Prescribe and adopt information technology standards and 4 rules. 5 7. Develop and recommend legislative proposals deemed 6 necessary for the continued efficiency of the office in 7 performing information technology functions, and review 8 legislative proposals generated outside of the office which are 9 related to matters within the office’s purview. 10 8. Provide advice to the governor on issues related to 11 information technology. 12 9. Consult with agencies and other governmental entities on 13 issues relating to information technology. 14 10. Work with all governmental entities in an effort to 15 achieve the information technology goals established by the 16 office. 17 11. Develop systems and methodologies to review, evaluate, 18 and prioritize information technology projects. 19 12. Administer all accounting, billing, and collection 20 functions required by the department of administrative services 21 pursuant to policies adopted by the chief information officer 22 after consultation and in cooperation with the director of the 23 department of administrative services. 24 13. Utilize, in a manner determined by the chief information 25 officer, such assistance and administrative support services as 26 provided by the department of administrative services as the 27 office determines to maximize the efficiency and effectiveness 28 of the office. 29 14. Enter into contracts for the receipt and provision of 30 services as deemed necessary. The chief information officer 31 and the governor may obtain and accept grants and receipts 32 to or for the state to be used for the administration of the 33 office’s functions as provided in this chapter. 34 15. Exercise and perform such other powers and duties as may 35 -6- SF 396 (8) 85 ec/rj/jh 6/ 38

S.F. 396 be prescribed by law. 1 Sec. 9. NEW SECTION . 8B.5 Prohibited interests 2 —— penalty. 3 The chief information officer shall not have any pecuniary 4 interest, directly or indirectly, in any contract for supplies 5 furnished to the state, or in any business enterprise involving 6 any expenditure by the state. A violation of the provisions 7 of this section is a serious misdemeanor, and upon conviction, 8 the chief information officer shall be removed from office in 9 addition to any other penalty. 10 Sec. 10. NEW SECTION . 8B.6 Acceptance of funds. 11 The office may receive and accept donations, grants, gifts, 12 and contributions in the form of moneys, services, materials, 13 or otherwise, from the United States or any of its agencies, 14 from this state or any of its agencies, or from any other 15 person, and expend such moneys, services, materials, or other 16 contributions, or issue grants, in carrying out the operations 17 of the office. All federal grants to and the federal receipts 18 of the office are appropriated for the purpose set forth in 19 such federal grants or receipts. The office shall report 20 annually to the general assembly on or before September 1 the 21 donations, grants, gifts, and contributions with a monetary 22 value of one thousand dollars or more that were received during 23 the most recently concluded fiscal year. 24 Sec. 11. NEW SECTION . 8B.7 Federal funds. 25 1. Neither the provisions of this chapter nor rules adopted 26 pursuant to this chapter shall apply in any situation where 27 such provision or rule is in conflict with a governing federal 28 regulation or where the provision or rule would jeopardize the 29 receipt of federal funds. 30 2. If it is determined by the attorney general that 31 any provision of this chapter would cause denial of funds 32 or services from the United States government which would 33 otherwise be available to an agency of this state, such 34 provision shall be suspended as to such agency, but only to the 35 -7- SF 396 (8) 85 ec/rj/jh 7/ 38

S.F. 396 extent necessary to prevent denial of such funds or services. 1 Sec. 12. NEW SECTION . 8B.8 Technology advisory council. 2 1. Definitions. For purposes of this section, unless the 3 context otherwise requires: 4 a. “Large agency” means a participating agency with more 5 than seven hundred full-time, year-round employees. 6 b. “Medium-sized agency” means a participating agency with 7 at least seventy or more full-time, year-round employees, but 8 not more than seven hundred permanent employees. 9 c. “Small agency” means a participating agency with less 10 than seventy full-time, year-round employees. 11 2. Membership. 12 a. The technology advisory council is composed of ten 13 members as follows: 14 (1) The chief information officer. 15 (2) The director of the department of management, or the 16 director’s designee. 17 (3) Eight members appointed by the governor as follows: 18 (a) Three representatives from large agencies. 19 (b) Two representatives from medium-sized agencies. 20 (c) One representative from a small agency. 21 (d) Two public members who are knowledgeable and have 22 experience in information technology matters. 23 b. (1) Members appointed pursuant to paragraph “a” , 24 subparagraph (3), shall serve two-year staggered terms. The 25 office shall provide, by rule, for the commencement of the 26 term of membership for the nonpublic members. The terms of 27 the public members shall be staggered at the discretion of the 28 governor. 29 (2) Sections 69.16, 69.16A, and 69.19 shall apply to the 30 public members of the council. 31 (3) Public members appointed by the governor are subject to 32 senate confirmation. 33 (4) Public members appointed by the governor may be eligible 34 to receive compensation as provided in section 7E.6. 35 -8- SF 396 (8) 85 ec/rj/jh 8/ 38

S.F. 396 (5) Members shall be reimbursed for actual and necessary 1 expenses incurred in performance of the members’ duties. 2 (6) A director, deputy director, or employee of an agency 3 who has information technology expertise is preferred as an 4 appointed representative for each of the agency categories of 5 membership pursuant to paragraph “a” , subparagraph (3). 6 c. The technology advisory council annually shall elect a 7 chair and a vice chair from among the members of the council, 8 by majority vote, to serve one-year terms. 9 d. A majority of the members of the council shall constitute 10 a quorum. 11 e. Meetings of the council shall be held at the call of the 12 chairperson or at the request of three members. 13 3. Powers and duties of the council. The powers and 14 duties of the technology advisory council as they relate to 15 information technology services shall include but are not 16 limited to all of the following: 17 a. Make recommendations to the chief information officer 18 regarding all of the following: 19 (1) Information technology standards to be applicable to 20 all participating agencies. 21 (2) Technology utility services to be implemented by the 22 office. 23 (3) Improvements to information technology service 24 levels and modifications to the business continuity plan for 25 information technology operations developed by the office for 26 agencies, and to maximize the value of information technology 27 investments by the state. 28 (4) Technology initiatives for the executive branch. 29 b. Advise the office regarding rates to be charged for 30 access to and for value-added services performed through 31 IowAccess. 32 Sec. 13. NEW SECTION . 8B.9 Reports required. 33 The office shall provide all of the following reports: 34 1. An annual report of the office. 35 -9- SF 396 (8) 85 ec/rj/jh 9/ 38

S.F. 396 2. Internal service fund service business plans and 1 financial reports as required under section 8B.13, subsection 2 5, paragraph “a” , and an annual internal service fund 3 expenditure report as required under section 8B.13, subsection 4 5, paragraph “b” . 5 3. An annual report regarding total spending on technology 6 as required under section 8B.21, subsection 6. 7 4. An annual report of expenditures from the IowAccess 8 revolving fund as provided in section 8B.33. 9 Sec. 14. NEW SECTION . 8B.12 Services to governmental 10 entities and nonprofit organizations. 11 1. The chief information officer shall enter into 12 agreements with state agencies, and may enter into agreements 13 with any other governmental entity or a nonprofit organization, 14 to furnish services and facilities of the office to the 15 applicable governmental entity or nonprofit organization. The 16 agreement shall provide for the reimbursement to the office of 17 the reasonable cost of the services and facilities furnished. 18 All governmental entities of this state may enter into such 19 agreements. For purposes of this subsection, “nonprofit 20 organization” means a nonprofit entity which is exempt from 21 federal income taxation pursuant to section 501(c)(3) of the 22 Internal Revenue Code and which is funded in whole or in part 23 by public funds. 24 2. This chapter does not affect any city civil service 25 programs established under chapter 400. 26 3. The state board of regents shall not be required to 27 obtain any service for the state board of regents or any 28 institution under the control of the state board of regents 29 that is provided by the office pursuant to this chapter without 30 the consent of the state board of regents. 31 Sec. 15. NEW SECTION . 8B.13 Office internal service funds. 32 1. Activities of the office shall be accounted for 33 within the general fund of the state, except that the chief 34 information officer may establish and maintain internal 35 -10- SF 396 (8) 85 ec/rj/jh 10/ 38

S.F. 396 service funds in accordance with generally accepted accounting 1 principles, as defined in section 8.57, subsection 4, for 2 activities of the office which are primarily funded from 3 billings to governmental entities for services rendered by 4 the office. The establishment of an internal service fund is 5 subject to the approval of the director of the department of 6 management and the concurrence of the auditor of state. At 7 least ninety days prior to the establishment of an internal 8 service fund pursuant to this section, the chief information 9 officer shall notify in writing the general assembly, including 10 the legislative council, legislative fiscal committee, and the 11 legislative services agency. 12 2. Internal service funds shall be administered by the 13 office and shall consist of moneys collected by the office 14 from billings issued in accordance with section 8B.15 and any 15 other moneys obtained or accepted by the office, including 16 but not limited to gifts, loans, donations, grants, and 17 contributions, which are designated to support the activities 18 of the individual internal service funds. 19 3. The proceeds of an internal service fund established 20 pursuant to this section shall be used by the office for the 21 operations of the office consistent with this chapter. The 22 chief information officer may appoint the personnel necessary 23 to ensure the efficient provision of services funded pursuant 24 to an internal service fund established under this section. 25 However, this usage requirement shall not limit or restrict 26 the office from using proceeds from gifts, loans, donations, 27 grants, and contributions in conformance with any conditions, 28 directions, limitations, or instructions attached or related 29 thereto. 30 4. Section 8.33 does not apply to any moneys in internal 31 service funds established pursuant to this section. 32 Notwithstanding section 12C.7, subsection 2, interest or 33 earnings on moneys deposited in these funds shall be credited 34 to these funds. 35 -11- SF 396 (8) 85 ec/rj/jh 11/ 38

S.F. 396 5. a. The chief information officer shall annually provide 1 internal service fund service business plans and financial 2 reports to the department of management and the general 3 assembly. The business plans may include the recommendation 4 that a portion of unexpended net income be periodically 5 returned to the appropriate funding source. 6 b. The office shall submit an annual report not later 7 than October 1 to the members of the general assembly and the 8 legislative services agency of the activities funded by and 9 expenditures made from an internal service fund established 10 pursuant to this section during the preceding fiscal year. 11 Sec. 16. NEW SECTION . 8B.14 Additional personnel. 12 The office may employ, upon the approval of the department 13 of management, additional personnel in excess of the number 14 of full-time equivalent positions authorized by the general 15 assembly if such additional personnel are reasonable and 16 necessary to perform such duties as required to meet the 17 needs of the office to provide services to other governmental 18 entities and as authorized by this chapter. The chief 19 information officer shall notify in writing the department 20 of management, the legislative fiscal committee, and the 21 legislative services agency of any additional personnel 22 employed pursuant to this section. 23 Sec. 17. NEW SECTION . 8B.15 Billing —— credit card 24 payments. 25 1. The chief information officer may bill a governmental 26 entity for services rendered by the office in accordance with 27 the duties of the office as provided in this chapter. Bills 28 may include direct, indirect, and developmental costs which 29 have not been funded by an appropriation to the office. The 30 office shall periodically render a billing statement to a 31 governmental entity outlining the cost of services provided to 32 the governmental entity. The amount indicated on the statement 33 shall be paid by the governmental entity and amounts received 34 by the office shall be considered repayment receipts as defined 35 -12- SF 396 (8) 85 ec/rj/jh 12/ 38

S.F. 396 in section 8.2, and deposited into the accounts of the office. 1 2. In addition to other forms of payment, a person may pay 2 by credit card for services provided by the office, according 3 to rules adopted by the treasurer of state. The credit card 4 fees to be charged shall not exceed those permitted by statute. 5 A governmental entity may adjust its payment to reflect the 6 costs of processing as determined by the treasurer of state. 7 The discount charged by the credit card issuer may be included 8 in determining the fees to be paid for completing a financial 9 transaction under this section by using a credit card. All 10 credit card payments shall be credited to the fund used to 11 account for the services provided. 12 Sec. 18. NEW SECTION . 8B.16 Office debts and liabilities 13 —— appropriation request. 14 If a service provided by the office and funded from an 15 internal service fund established under section 8B.13 ceases 16 to be provided and insufficient funds remain in the internal 17 service fund to pay any outstanding debts and liabilities 18 relating to that service, the chief information officer shall 19 notify the department of management and the general assembly 20 and request that moneys be appropriated from the general fund 21 of the state to pay such debts and liabilities. 22 Sec. 19. NEW SECTION . 8B.21 Information technology services 23 —— office powers and duties —— responsibilities. 24 1. Powers and duties of office. The powers and duties of 25 the office as it relates to information technology services 26 shall include but are not limited to all of the following: 27 a. Approving information technology for use by agencies and 28 other governmental entities. 29 b. Implementing the strategic information technology plan. 30 c. Developing and implementing a business continuity plan, 31 as the chief information officer determines is appropriate, to 32 be used if a disruption occurs in the provision of information 33 technology to participating agencies and other governmental 34 entities. 35 -13- SF 396 (8) 85 ec/rj/jh 13/ 38

S.F. 396 d. Prescribing standards and adopting rules relating to 1 cyber security, geospatial systems, application development, 2 and information technology and procurement, including but 3 not limited to system design and systems integration, and 4 interoperability, which shall apply to all participating 5 agencies except as otherwise provided in this chapter. The 6 office shall implement information technology standards as 7 established pursuant to this chapter which are applicable to 8 information technology procurements for participating agencies. 9 e. Establishing an enterprise strategic and project 10 management function for oversight of all information 11 technology-related projects and resources of participating 12 agencies. 13 f. (1) Developing and maintaining security policies and 14 systems to ensure the integrity of the state’s information 15 resources and to prevent the disclosure of confidential 16 records. The office shall ensure that the security policies 17 and systems be consistent with the state’s data transparency 18 efforts by developing and implementing policies and systems for 19 the sharing of data and information by participating agencies. 20 (2) Establishing statewide standards, to include periodic 21 review and compliance measures, for information technology 22 security to maximize the functionality, security, and 23 interoperability of the state’s distributed information 24 technology assets, including but not limited to communications 25 and encryption technologies. 26 (3) Requiring all information technology security services, 27 solutions, hardware, and software purchased or used by a 28 participating agency to be subject to approval by the office in 29 accordance with security standards. 30 g. Developing and implementing effective and efficient 31 strategies for the use and provision of information technology 32 and information technology staff for participating agencies and 33 other governmental entities. 34 h. Coordinating and managing the acquisition of information 35 -14- SF 396 (8) 85 ec/rj/jh 14/ 38

S.F. 396 technology services by participating agencies in furtherance 1 of the purposes of this chapter. The office shall institute 2 procedures to ensure effective and efficient compliance with 3 the applicable standards established pursuant to this chapter. 4 i. Entering into contracts, leases, licensing agreements, 5 royalty agreements, marketing agreements, memorandums of 6 understanding, or other agreements as necessary and appropriate 7 to administer this chapter. 8 j. Determining and implementing statewide efforts 9 to standardize data elements, determine data ownership 10 assignments, and implement the sharing of data. 11 k. Requiring that a participating agency provide such 12 information as is necessary to establish and maintain an 13 inventory of information technology used by participating 14 agencies, and such participating agency shall provide such 15 information to the office in a timely manner. The form and 16 content of the information to be provided shall be determined 17 by the office. 18 l. Requiring participating agencies to provide the full 19 details of the agency’s information technology and operational 20 requirements upon request, report information technology 21 security incidents to the office in a timely manner, provide 22 comprehensive information concerning the information technology 23 security employed by the agency to protect the agency’s 24 information technology, and forecast the parameters of the 25 agency’s projected future information technology security needs 26 and capabilities. 27 m. Charging reasonable fees, costs, expenses, charges, 28 or other amounts to an agency, governmental entity, public 29 official, or person or entity related to the provision, sale, 30 use, or utilization of, or cost sharing with respect to, 31 information technology and any intellectual property interests 32 related thereto; research and development; proprietary 33 hardware, software, and applications; and information 34 technology architecture and design. The office may enter 35 -15- SF 396 (8) 85 ec/rj/jh 15/ 38

S.F. 396 into nondisclosure agreements and take any other legal action 1 reasonably necessary to secure a right to an interest in 2 information technology development by or on behalf of the 3 state of Iowa and to protect the state of Iowa’s proprietary 4 information technology and intellectual property interests. 5 The provisions of chapter 23A relating to noncompetition 6 by state agencies and political subdivisions with private 7 enterprise shall not apply to office activities authorized 8 under this paragraph. 9 n. Charging reasonable fees, costs, expenses, charges, 10 or other amounts to an agency, governmental entity, public 11 official, or other person or entity to or for whom information 12 technology or other services have been provided by or on behalf 13 of, or otherwise made available through, the office. 14 o. Providing, selling, leasing, licensing, transferring, or 15 otherwise conveying or disposing of information technology, or 16 any intellectual property or other rights with respect thereto, 17 to agencies, governmental entities, public officials, or other 18 persons or entities. 19 p. Entering into partnerships, contracts, leases, or other 20 agreements with public and private entities for the evaluation 21 and development of information technology pilot projects. 22 q. Initiating and supporting the development of electronic 23 commerce, electronic government, and internet applications 24 across participating agencies and in cooperation with 25 other governmental entities. The office shall foster joint 26 development of electronic commerce and electronic government 27 involving the public and private sectors, develop customer 28 surveys and citizen outreach and education programs and 29 material, and provide for citizen input regarding the state’s 30 electronic commerce and electronic government applications. 31 2. Responsibilities. The responsibilities of the office 32 as it relates to information technology services include the 33 following: 34 a. Coordinate the activities of the office in promoting, 35 -16- SF 396 (8) 85 ec/rj/jh 16/ 38

S.F. 396 integrating, and supporting information technology in all 1 business aspects of state government. 2 b. Provide for server systems, including mainframe and 3 other server operations, desktop support, and applications 4 integration. 5 c. Provide applications development, support, and training, 6 and advice and assistance in developing and supporting business 7 applications throughout state government. 8 3. Information technology charges. The office shall 9 render a statement to an agency, governmental entity, public 10 official, or other person or entity to or for whom information 11 technology, value-added services, or other items or services 12 have been provided by or on behalf of, or otherwise made 13 available through, the office. Such an agency, governmental 14 entity, public official, or other person or entity shall pay 15 an amount indicated on such statement in a manner determined 16 by the office. 17 4. Dispute resolution. If a dispute arises between the 18 office and an agency for which the office provides or refuses 19 to provide information technology, the dispute shall be 20 resolved as provided in section 679A.19. 21 5. Waivers. 22 a. The office shall adopt rules allowing for participating 23 agencies to seek a temporary or permanent waiver from any of 24 the requirements of this chapter concerning the acquisition, 25 utilization, or provision of information technology. The rules 26 shall provide that a waiver may be granted upon a written 27 request by a participating agency and approval of the chief 28 information officer. A waiver shall only be approved if the 29 participating agency shows that a waiver would be in the best 30 interests of the state. 31 b. Prior to approving or denying a request for a waiver, the 32 chief information officer shall consider all of the following: 33 (1) Whether the failure to grant a waiver would violate 34 any state or federal law or any published policy, standard, 35 -17- SF 396 (8) 85 ec/rj/jh 17/ 38

S.F. 396 or requirement established by a governing body other than the 1 office. 2 (2) Whether the failure to grant a waiver would result in 3 the duplication of existing services, resources, or support. 4 (3) Whether the waiver would obstruct the state’s 5 information technology strategic plan, enterprise architecture, 6 security plans, or any other information technology policy, 7 standard, or requirement. 8 (4) Whether the waiver would result in excessive 9 expenditures or expenditures above market rates. 10 (5) The life cycle of the system or application for which 11 the waiver is requested. 12 (6) Whether the participating agency can show that it can 13 obtain or provide the information technology more economically 14 than the information technology can be provided by the office. 15 For purposes of determining if the participating agency can 16 obtain or provide the information technology more economically, 17 the chief information officer shall consider the impact on 18 other participating agencies if the waiver is granted or 19 denied. 20 (7) Whether the failure to grant a waiver would jeopardize 21 federal funding. 22 c. Rules adopted pursuant to this subsection relating to a 23 request for a waiver, at a minimum, shall provide for all of 24 the following: 25 (1) The request shall be in writing and signed by the head 26 of the participating agency seeking the waiver. 27 (2) The request shall include a reference to the specific 28 policy, standard, or requirement for which the waiver is 29 submitted. 30 (3) The request shall include a statement of facts including 31 a description of the problem or issue prompting the request; 32 the participating agency’s preferred solution; an alternative 33 approach to be implemented by the participating agency intended 34 to satisfy the waived policy, standard, or requirement; the 35 -18- SF 396 (8) 85 ec/rj/jh 18/ 38

S.F. 396 business case for the alternative approach; a third party audit 1 or report that compares the participating agency’s preferred 2 solution to the information technology solution that can be 3 provided by the office; the economic justification for the 4 waiver or a statement as to why the waiver is in the best 5 interests of the state; the time period for which the waiver is 6 requested; and any other information deemed appropriate. 7 d. A participating agency may appeal the decision of the 8 chief information officer to the director of the department of 9 management within seven calendar days following the decision of 10 the chief information officer. The director of the department 11 of management shall respond within fourteen days following the 12 receipt of the appeal. 13 e. The department of public defense shall not be required 14 to obtain any information technology services pursuant to this 15 chapter for the department of public defense that is provided 16 by the office pursuant to this chapter without the consent of 17 the adjutant general. 18 6. Annual report. On an annual basis, prepare a report to 19 the governor, the department of management, and the general 20 assembly regarding the total spending on technology for the 21 previous fiscal year, the total amount appropriated for the 22 current fiscal year, and an estimate of the amount to be 23 requested for the succeeding fiscal year for all agencies. The 24 report shall include a five-year projection of technology cost 25 savings, an accounting of the level of technology cost savings 26 for the current fiscal year, and a comparison of the level of 27 technology cost savings for the current fiscal year with that 28 of the previous fiscal year. The report shall be filed as soon 29 as possible after the close of a fiscal year, and by no later 30 than the second Monday of January of each year. 31 Sec. 20. NEW SECTION . 8B.22 Digital government. 32 1. The office is responsible for initiating and 33 supporting the development of electronic commerce, electronic 34 government, mobile applications, and internet applications 35 -19- SF 396 (8) 85 ec/rj/jh 19/ 38

S.F. 396 across participating agencies and in cooperation with other 1 governmental entities. 2 2. In developing the concept of digital government, the 3 office shall do all of the following: 4 a. Establish standards, consistent with other state law, for 5 the implementation of electronic commerce, including standards 6 for electronic signatures, electronic currency, and other items 7 associated with electronic commerce. 8 b. Establish guidelines for the appearance and functioning 9 of applications. 10 c. Establish standards for the integration of electronic 11 data across state agencies. 12 d. Foster joint development of electronic commerce and 13 electronic government involving the public and private sectors. 14 e. Develop customer surveys and citizen outreach and 15 education programs and material, and provide for citizen input 16 regarding the state’s electronic commerce and electronic 17 government applications. 18 f. Assist participating agencies in converting printed 19 government materials to electronic materials which can be 20 accessed through an internet searchable database. 21 g. Encourage participating agencies to utilize duplex 22 printing and a print on demand strategy to reduce printing 23 costs, publication overruns, excessive inventory, and obsolete 24 printed materials. 25 Sec. 21. NEW SECTION . 8B.23 Information technology 26 standards. 27 1. The office shall develop and adopt information 28 technology standards applicable to the procurement of 29 information technology by all participating agencies. Such 30 standards, unless waived by the office, shall apply to all 31 information technology procurements for participating agencies. 32 2. The office of the governor or the office of an elective 33 constitutional or statutory officer shall consult with the 34 office prior to procuring information technology and consider 35 -20- SF 396 (8) 85 ec/rj/jh 20/ 38

S.F. 396 the information technology standards adopted by the office, and 1 provide a written report to the office relating to the other 2 office’s decision regarding such acquisitions. 3 Sec. 22. NEW SECTION . 8B.24 Procurement of information 4 technology. 5 1. Standards established by the office, unless waived by the 6 office, shall apply to all information technology procurements 7 for participating agencies. 8 2. The office shall institute procedures to ensure 9 effective and efficient compliance with standards established 10 by the office. 11 3. The office shall develop policies and procedures 12 that apply to all information technology goods and services 13 acquisitions, and shall ensure the compliance of all 14 participating agencies. The office shall also be the sole 15 provider of infrastructure services for participating agencies. 16 4. The office, by rule, may implement a prequalification 17 procedure for contractors with which the office has entered or 18 intends to enter into agreements regarding the procurement of 19 information technology. 20 5. Notwithstanding the provisions governing purchasing as 21 provided in chapter 8A, subchapter III, the office may procure 22 information technology as provided in this section. The 23 office may cooperate with other governmental entities in the 24 procurement of information technology in an effort to make such 25 procurements in a cost-effective, efficient manner as provided 26 in this section. The office, as deemed appropriate and cost 27 effective, may procure information technology using any of the 28 following methods: 29 a. Cooperative procurement agreement. The office may 30 enter into a cooperative procurement agreement with another 31 governmental entity relating to the procurement of information 32 technology, whether such information technology is for the use 33 of the office or other governmental entities. The cooperative 34 procurement agreement shall clearly specify the purpose of 35 -21- SF 396 (8) 85 ec/rj/jh 21/ 38

S.F. 396 the agreement and the method by which such purpose will be 1 accomplished. Any power exercised under such agreement shall 2 not exceed the power granted to any party to the agreement. 3 b. Negotiated contract. The office may enter into an 4 agreement for the purchase of information technology if any of 5 the following applies: 6 (1) The contract price, terms, and conditions are pursuant 7 to the current federal supply contract, and the purchase order 8 adequately identifies the federal supply contract under which 9 the procurement is to be made. 10 (2) The contract price, terms, and conditions are no less 11 favorable than the contractor’s current federal supply contract 12 price, terms, and conditions; the contractor has indicated 13 in writing a willingness to extend such price, terms, and 14 conditions to the office; and the purchase order adequately 15 identifies the contract relied upon. 16 (3) The contract is with a vendor who has a current 17 exclusive or nonexclusive price agreement with the state for 18 the information technology to be procured, and such information 19 technology meets the same standards and specifications as the 20 items to be procured and both of the following apply: 21 (a) The quantity purchased does not exceed the quantity 22 which may be purchased under the applicable price agreement. 23 (b) The purchase order adequately identifies the price 24 agreement relied upon. 25 c. Contracts let by another governmental entity. The 26 office, on its own behalf or on the behalf of another 27 participating agency or governmental entity, may procure 28 information technology under a contract let by another agency 29 or other governmental entity, or approve such procurement in 30 the same manner by a participating agency or governmental 31 entity. The office, on its own behalf or on the behalf of 32 another participating agency or governmental entity, may also 33 procure information technology by leveraging an existing 34 competitively procured contract, other than a contract 35 -22- SF 396 (8) 85 ec/rj/jh 22/ 38

S.F. 396 associated with the state board of regents or an institution 1 under the control of the state board of regents. 2 d. Reverse auction. 3 (1) The office may enter into an agreement for the purchase 4 of information technology utilizing a reverse auction process. 5 Such process shall result in the purchase of information 6 technology from the vendor submitting the lowest responsible 7 bid amount for the information technology to be acquired. The 8 office, in establishing a reverse auction process, shall do all 9 of the following: 10 (a) Determine the specifications and requirements of the 11 information technology to be acquired. 12 (b) Identify and provide notice to potential vendors 13 concerning the proposed acquisition. 14 (c) Establish prequalification requirements to be met by a 15 vendor to be eligible to participate in the reverse auction. 16 (d) Conduct the reverse auction in a manner as deemed 17 appropriate by the office and consistent with rules adopted by 18 the office. 19 (2) Prior to conducting a reverse auction, the office 20 shall establish a threshold amount which shall be the maximum 21 amount that the office is willing to pay for the information 22 technology to be acquired. 23 (3) The office shall enter into an agreement with a 24 vendor who is the lowest responsible bidder which meets the 25 specifications or description of the information technology 26 to be procured, or the office may reject all bids and begin 27 the process again. In determining the lowest responsible 28 bidder, the office may consider various factors including but 29 not limited to the past performance of the vendor relative 30 to quality of product or service, the past experience of the 31 office in relation to the product or service, the relative 32 quality of products or services, the proposed terms of 33 delivery, and the best interest of the state. 34 e. Competitive bidding. The office may enter into an 35 -23- SF 396 (8) 85 ec/rj/jh 23/ 38

S.F. 396 agreement for the procurement or acquisition of information 1 technology in the same manner as provided under chapter 8A, 2 subchapter III, for the purchasing of service. 3 f. Other agreement. In addition to the competitive bidding 4 procedure provided for under paragraph “e” , the office may 5 enter into an agreement for the purchase, disposal, or other 6 disposition of information technology in the same manner and 7 subject to the same limitations as otherwise provided in 8 this chapter. The office, by rule, shall provide for such 9 procedures. 10 6. The office shall adopt rules pursuant to chapter 17A to 11 implement the procurement methods and procedures provided for 12 in subsections 2 through 5. 13 Sec. 23. NEW SECTION . 8B.31 IowAccess —— office duties and 14 responsibilities. 15 1. IowAccess. The office shall establish IowAccess as 16 a service to the citizens of this state that is the gateway 17 for one-stop electronic access to government information and 18 transactions, whether federal, state, or local. Except as 19 provided in this section, IowAccess shall be a state-funded 20 service providing access to government information and 21 transactions. The office, in establishing the fees for 22 value-added services, shall consider the reasonable cost of 23 creating and organizing such government information through 24 IowAccess. 25 2. Duties. The office shall do all of the following: 26 a. Establish rates to be charged for access to and for 27 value-added services performed through IowAccess. 28 b. Approve and establish the priority of projects 29 associated with IowAccess. The determination may also include 30 requirements concerning funding for a project proposed by 31 a political subdivision of the state or an association, 32 the membership of which is comprised solely of political 33 subdivisions of the state. Prior to approving a project 34 proposed by a political subdivision, the office shall verify 35 -24- SF 396 (8) 85 ec/rj/jh 24/ 38

S.F. 396 that all of the following conditions are met: 1 (1) The proposed project provides a benefit to the state. 2 (2) The proposed project, once completed, can be shared 3 with and used by other political subdivisions of the state, as 4 appropriate. 5 (3) The state retains ownership of any final product or is 6 granted a permanent license to the use of the product. 7 c. Establish expected outcomes and effects of the use of 8 IowAccess and determine the manner in which such outcomes are 9 to be measured and evaluated. 10 d. Establish the IowAccess total budget request and 11 ensure that such request reflects the priorities and goals of 12 IowAccess as established by the office. 13 e. Advocate for access to government information and 14 services through IowAccess and for data privacy protection, 15 information ethics, accuracy, and security in IowAccess 16 programs and services. 17 f. Receive status and operations reports associated with 18 IowAccess. 19 3. Data purchasing. This section shall not be construed 20 to impair the right of a person to contract to purchase 21 information or data from the Iowa court information system 22 or any other governmental entity. This section shall not be 23 construed to affect a data purchase agreement or contract in 24 existence on April 25, 2000. 25 Sec. 24. NEW SECTION . 8B.32 Financial transactions. 26 1. Moneys paid to a participating agency from persons who 27 complete an electronic financial transaction with the agency by 28 accessing IowAccess shall be transferred to the treasurer of 29 state for deposit in the general fund of the state, unless the 30 disposition of the moneys is specifically provided for under 31 other law. The moneys may include all of the following: 32 a. Fees required to obtain an electronic public record as 33 provided in section 22.3A. 34 b. Fees required to process an application or file a 35 -25- SF 396 (8) 85 ec/rj/jh 25/ 38

S.F. 396 document, including but not limited to fees required to obtain 1 a license issued by a licensing authority. 2 c. Moneys owed to a governmental entity by a person 3 accessing IowAccess in order to satisfy a liability 4 arising from the operation of law, including the payment of 5 assessments, taxes, fines, and civil penalties. 6 2. Moneys transferred using IowAccess may include amounts 7 owed by a governmental entity to a person accessing IowAccess 8 in order to satisfy a liability of the governmental entity. 9 The moneys may include the payment of tax refunds, and the 10 disbursement of support payments as defined in section 252D.16 11 or 598.1 as required for orders issued pursuant to section 12 252B.14. 13 3. In addition to other forms of payment, credit cards shall 14 be accepted in payment for moneys owed to or fees imposed by a 15 governmental entity in the same manner as provided in section 16 8B.15. 17 Sec. 25. NEW SECTION . 8B.33 IowAccess revolving fund. 18 1. An IowAccess revolving fund is created in the state 19 treasury. The revolving fund shall be administered by the 20 office and shall consist of moneys collected by the office as 21 fees, moneys appropriated by the general assembly, and any 22 other moneys obtained or accepted by the office for deposit in 23 the revolving fund. The proceeds of the revolving fund are 24 appropriated to and shall be used by the office to maintain, 25 develop, operate, and expand IowAccess consistent with this 26 chapter, and for the support of activities of the technology 27 advisory council pursuant to section 8B.8. 28 2. The office shall submit an annual report not later than 29 January 31 to the members of the general assembly and the 30 legislative services agency of the activities funded by and 31 expenditures made from the revolving fund during the preceding 32 fiscal year. Section 8.33 does not apply to any moneys in the 33 revolving fund, and, notwithstanding section 12C.7, subsection 34 2, earnings or interest on moneys deposited in the revolving 35 -26- SF 396 (8) 85 ec/rj/jh 26/ 38

S.F. 396 fund shall be credited to the revolving fund. 1 Sec. 26. Section 8D.4, Code 2013, is amended to read as 2 follows: 3 8D.4 Executive director appointed. 4 The commission, in consultation with the director of 5 the department of administrative services and the chief 6 information officer , shall appoint an executive director of 7 the commission, subject to confirmation by the senate. Such 8 individual shall not serve as a member of the commission. 9 The executive director shall serve at the pleasure of the 10 commission. The executive director shall be selected primarily 11 for administrative ability and knowledge in the field, without 12 regard to political affiliation. The governor shall establish 13 the salary of the executive director within range nine as 14 established by the general assembly. The salary and support of 15 the executive director shall be paid from funds deposited in 16 the Iowa communications network fund. 17 Sec. 27. Section 12C.1, subsection 2, paragraph e, 18 subparagraph (6), Code 2013, is amended to read as follows: 19 (6) Moneys placed in a depository for the purpose of 20 completing an electronic financial transaction pursuant to 21 section 8A.222 8B.32 or 331.427 . 22 Sec. 28. Section 12C.4, Code 2013, is amended to read as 23 follows: 24 12C.4 Location of depositories. 25 Deposits by the treasurer of state shall be in depositories 26 located in this state; by a county officer or county public 27 hospital officer or merged area hospital officer, in 28 depositories located in the county or in an adjoining county 29 within this state; by a memorial hospital treasurer, in a 30 depository located within this state which shall be selected 31 by the memorial hospital treasurer and approved by the 32 memorial hospital commission; by a city treasurer or other 33 city financial officer, in depositories located in the county 34 in which the city is located or in an adjoining county, but 35 -27- SF 396 (8) 85 ec/rj/jh 27/ 38

S.F. 396 if there is no depository in the county in which the city is 1 located or in an adjoining county then in any other depository 2 located in this state which shall be selected as a depository 3 by the city council; by a school treasurer or by a school 4 secretary in a depository within this state which shall be 5 selected by the board of directors or the trustees of the 6 school district; by a township clerk in a depository located 7 within this state which shall be selected by the township 8 clerk and approved by the trustees of the township. However, 9 deposits may be made in depositories outside of Iowa for the 10 purpose of paying principal and interest on bonded indebtedness 11 of any municipality when the deposit is made not more than ten 12 days before the date the principal or interest becomes due. 13 Further, the treasurer of state may maintain an account or 14 accounts outside the state of Iowa for the purpose of providing 15 custodial services for the state and state retirement fund 16 accounts. Deposits made for the purpose of completing an 17 electronic financial transaction pursuant to section 8A.222 18 8B.32 or 331.427 may be made in any depository located in this 19 state. 20 Sec. 29. Section 23A.2, subsection 10, paragraph o, Code 21 2013, is amended to read as follows: 22 o. The performance of an activity authorized pursuant to 23 section 8A.202 8B.21 , subsection 2 1 , paragraph “j” “m” . 24 Sec. 30. Section 262.9B, subsection 3, paragraph a, Code 25 2013, is amended to read as follows: 26 a. The board shall direct institutions under its control 27 to cooperate with the chief information officer of the state 28 in efforts to cooperatively obtain information technology 29 and related services that result in mutual cost savings 30 and efficiency improvements, and shall seek input from the 31 department of administrative services and the chief information 32 officer of the state regarding specific areas of potential 33 cooperation between the institutions under the control of the 34 board and the department of administrative services office of 35 -28- SF 396 (8) 85 ec/rj/jh 28/ 38

S.F. 396 the chief information officer . 1 Sec. 31. REPEAL. Sections 8A.201, 8A.201A, 8A.202, 8A.203, 2 8A.204, 8A.205, 8A.206, 8A.207, 8A.221, 8A.222, and 8A.224, 3 Code 2013, are repealed. 4 Sec. 32. ADMINISTRATIVE RULES —— TRANSITION 5 PROVISIONS. Any rule, regulation, form, order, or directive 6 promulgated by the department of administrative services as 7 it relates to information technology and in effect on the 8 effective date of this division of this Act shall continue in 9 full force and effect until amended, repealed, or supplemented 10 by affirmative action of the office of the chief information 11 officer as established in this division of this Act. 12 Sec. 33. MISCELLANEOUS TRANSITION PROVISIONS. 13 1. Any personnel in the state merit system of employment who 14 are mandatorily transferred due to the effect of this division 15 of this Act shall be so transferred without any loss in salary, 16 benefits, or accrued years of service. 17 2. Any funds in any account or fund of the department of 18 administrative services as it relates to information technology 19 shall be transferred to the comparable fund or account as 20 established and provided by this division of this Act. 21 3. Any cause of action or statute of limitation relating to 22 the information technology duties provided by the department 23 of administrative services that are transferred to the office 24 of the chief information officer as provided by this division 25 of this Act shall not be affected as a result of the transfer 26 and such cause or statute of limitation shall apply to the 27 successor office. 28 Sec. 34. OFFICE OF THE CHIEF INFORMATION OFFICER —— 29 INFORMATION TECHNOLOGY DEVICE INVENTORY. 30 1. The office of the chief information officer shall 31 complete an inventory of information technology devices 32 utilized by the office and participating agencies, as defined 33 in section 8B.1, as enacted by this division of this Act. The 34 office shall conduct the inventory with the goal of identifying 35 -29- SF 396 (8) 85 ec/rj/jh 29/ 38

S.F. 396 potential information technology device upgrades, changes, or 1 other efficiencies that will meet the information technology 2 needs of the applicable department or agency at reduced cost 3 to the state. 4 2. The office shall submit a report to the general assembly 5 by January 1, 2014, describing the office’s actions as required 6 by this section. The report shall, if applicable, identify 7 any statutory barriers or needed technology investments for 8 pursuing efforts described in this section and shall include in 9 the report its findings and any recommendations for legislative 10 action. 11 Sec. 35. OFFICE OF THE CHIEF INFORMATION OFFICER —— 12 INFORMATION TECHNOLOGY COORDINATION AND MANAGEMENT. 13 1. The office of the chief information officer, in 14 accordance with the requirements of Code section 8B.21, 15 subsection 1, paragraph “h”, as enacted by this division of 16 this Act, shall coordinate and manage information technology 17 services within the office, shall establish a schedule by which 18 all departments subject to the requirements of that Act and 19 chapter 8B, as enacted by this division of this Act, shall 20 comply with these requirements. The schedule shall provide 21 for implementation of the requirements to all affected state 22 agencies and departments by December 31, 2014. The office 23 shall submit a copy of the schedule to the general assembly 24 by July 31, 2013, and shall provide periodic updates to the 25 general assembly on the progress of meeting the time deadlines 26 contained in the schedule. 27 2. In procuring information technology as provided in 28 section 8B.24, as enacted by this division of this Act, the 29 office should explore strategies of procuring information 30 technology through leasing. 31 DIVISION II 32 PHASED RETIREMENT PROGRAM 33 Sec. 36. Section 70A.30, Code 2013, is amended to read as 34 follows: 35 -30- SF 396 (8) 85 ec/rj/jh 30/ 38

S.F. 396 70A.30 Establishment of phased retirement program. 1 1. There is established The department of administrative 2 services may establish a voluntary employee phased retirement 3 incentive program for full-time state employees who are at 4 least sixty years of age and have completed at least twenty 5 years as full-time state employees . 6 2. The A phased retirement incentive program established 7 by the department of administrative services is a retirement 8 system for purposes of section 20.9 , but is not retirement 9 for purposes of chapter 97A , 97B , or 602 or for the 10 employees who are members of the teachers insurance annuity 11 association-college retirement equities fund (TIAA-CREF). 12 Sec. 37. REPEAL. Sections 70A.31, 70A.32, 70A.33, and 13 70A.34, Code 2013, are repealed. 14 Sec. 38. PHASED RETIREMENT PROGRAM —— TRANSITION 15 PROVISIONS. 16 State employees who are participating in the phased 17 retirement program established by sections 70A.30 through 18 70A.34, Code 2013, as of the effective date of this division 19 of this Act shall remain in the program and be eligible for the 20 benefits of the program as provided prior to the effective date 21 of this division of this Act. 22 DIVISION III 23 HUMAN RESOURCE MANAGEMENT 24 Sec. 39. DEPARTMENT OF ADMINISTRATIVE SERVICES —— HUMAN 25 RESOURCE MANAGEMENT SYSTEM —— REQUEST FOR PROPOSALS. The 26 department of administrative services shall issue a request for 27 proposals for a human resource management system, including 28 a payroll system, by December 31, 2013. The human resource 29 management system is a human resource technology system that 30 is intended to automate the core administrative functions of 31 human resources, replace the existing mainframe computer system 32 utilized for this function, and increase the efficiency of the 33 department and the office of the chief information officer, 34 specifically in the areas of human resources, information 35 -31- SF 396 (8) 85 ec/rj/jh 31/ 38

S.F. 396 technology, and the state accounting enterprise. 1 DIVISION IV 2 STATE PHYSICAL RESOURCES 3 Sec. 40. STATE EMPLOYEE WORK ENVIRONMENT ANALYSIS 4 AND REPORT. By September 30, 2013, the department of 5 administrative services shall conduct a high level needs 6 analysis of state employee work stations and office standards, 7 assessing adequate square footage needs, and creating healthy, 8 productive, and efficient work environments in an economical 9 manner. Overall objectives of the analysis shall include 10 improving employee density; properly allocating space for 11 individual and group work; improving worker health and 12 safety; improving technology integration; and improving energy 13 efficiency and sustainability in state offices. The department 14 shall submit findings and recommendations to the capitol 15 planning commission and to the legislative fiscal committee by 16 October 30, 2013. 17 DIVISION V 18 AUDITS 19 Sec. 41. Section 11.6, subsection 10, Code 2013, is amended 20 to read as follows: 21 10. The auditor of state shall adopt rules in accordance 22 with chapter 17A to establish and collect a filing fee for 23 the filing of each report of audit or examination conducted 24 pursuant to subsections 1 through 3 subsection 1, paragraphs “a” 25 and “c” , subsection 2, and subsection 3 . The funds collected 26 shall be maintained in a segregated account for use by the 27 office of the auditor of state in performing audits conducted 28 pursuant to subsection 4 and for work paper reviews conducted 29 pursuant to subsection 5 . Any funds collected by the auditor 30 pursuant to subsection 4 shall be deposited in this account. 31 Notwithstanding section 8.33 , the funds in this account shall 32 not revert at the end of any fiscal year. 33 Sec. 42. EFFECTIVE UPON ENACTMENT. This division of this 34 Act, being deemed of immediate importance, takes effect upon 35 -32- SF 396 (8) 85 ec/rj/jh 32/ 38

S.F. 396 enactment. 1 DIVISION VI 2 ELECTRONIC COMMUNICATIONS 3 Sec. 43. Section 22.7, Code 2013, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 65. Electronic mail addresses of 6 individuals collected by state departments and agencies for the 7 sole purpose of disseminating routine information and notices 8 through electronic communications that are not prepared for a 9 specific recipient. 10 Sec. 44. STATE DEPARTMENT AND AGENCY LIMITATIONS ON 11 MAIL. Notwithstanding any provision of the law to the 12 contrary, a state department or agency shall provide 13 departmental or agency notices or information through the 14 department’s or agency’s internet site or through electronic 15 mail to the fullest extent possible. This requirement shall 16 not apply to department and agency communications required for 17 purposes of pursuing legal action or to comply with federal 18 law. Departments and agencies shall have rulemaking authority 19 to implement this section and to collect electronic mail 20 addresses for the purpose of electronic communications. 21 DIVISION VII 22 PUBLIC HEALTH 23 Sec. 45. Section 147A.24, subsection 1, paragraph q, Code 24 2013, is amended by striking the paragraph and inserting in 25 lieu thereof the following: 26 q. Iowa’s Medicare quality improvement organization. 27 Sec. 46. Section 147A.24, subsection 4, Code 2013, is 28 amended by adding the following new paragraph: 29 NEW PARAGRAPH . h. Develop, implement, and conduct trauma 30 care system evaluation, quality assessment, and quality 31 improvement. 32 Sec. 47. Section 147A.24, Code 2013, is amended by adding 33 the following new subsection: 34 NEW SUBSECTION . 5. Proceedings, records, and reports 35 -33- SF 396 (8) 85 ec/rj/jh 33/ 38

S.F. 396 developed pursuant to this section constitute peer review 1 records under section 147.135, and are not subject to discovery 2 by subpoena or admissible as evidence. All information and 3 documents received from a hospital or emergency care facility 4 under this subchapter shall be confidential pursuant to section 5 272C.6, subsection 4. 6 Sec. 48. Section 147A.26, subsection 1, Code 2013, is 7 amended to read as follows: 8 1. The department shall maintain a statewide trauma 9 reporting system by which the system evaluation and quality 10 improvement committee, the trauma system advisory council, and 11 the department may monitor the effectiveness of the statewide 12 trauma care system. 13 Sec. 49. REPEAL. Section 147A.25, Code 2013, is repealed. 14 Sec. 50. REPEAL. Chapter 135N, Code 2013, is repealed. 15 DIVISION VIII 16 PUBLIC SAFETY PEACE OFFICERS’ RETIREMENT SYSTEM 17 Sec. 51. Section 97A.6, subsection 7, paragraph a, 18 subparagraph (1), Code 2013, is amended to read as follows: 19 (1) Should any beneficiary for either ordinary or 20 accidental disability, except a beneficiary who is fifty-five 21 years of age or over and would have completed twenty-two years 22 of service if the beneficiary had remained in active service, 23 be engaged in a gainful occupation paying more than the 24 difference between the member’s net retirement allowance and 25 one two and one-half times the current earnable compensation 26 of an active member at the same position on the salary scale 27 within the member’s rank as the member held at retirement, then 28 the amount of the retirement allowance shall be reduced to an 29 amount such that the member’s net retirement allowance plus the 30 amount earned by the member shall equal one two and one-half 31 times the amount of the current earnable compensation of an 32 active member at the same position on the salary scale within 33 the member’s rank as the member held at retirement. Should 34 the member’s earning capacity be later changed, the amount of 35 -34- SF 396 (8) 85 ec/rj/jh 34/ 38

S.F. 396 the retirement allowance may be further modified, provided 1 that the new retirement allowance shall not exceed the amount 2 of the retirement allowance originally granted adjusted by 3 annual readjustments of pensions pursuant to subsection 14 of 4 this section nor an amount which would cause the member’s net 5 retirement allowance, when added to the amount earned by the 6 beneficiary, to equal one two and one-half times the amount 7 of the current earnable compensation of an active member at 8 the same position on the salary scale within the member’s rank 9 as the member held at retirement. A beneficiary restored 10 to active service at a salary less than the average final 11 compensation upon the basis of which the member was retired at 12 age fifty-five or greater, shall not again become a member of 13 the retirement system and shall have the member’s retirement 14 allowance suspended while in active service. If the rank or 15 position held by the retired member is subsequently abolished, 16 adjustments to the allowable limit on the amount of income 17 which can be earned in a gainful occupation shall be computed 18 in the same manner as provided in subsection 14 , paragraph “c” , 19 of this section for readjustment of pensions when a rank or 20 position has been abolished. If the salary scale associated 21 with a member’s rank at retirement is changed after the member 22 retires, earnable compensation for purposes of this section 23 shall be based upon the salary an active member currently 24 would receive at the same rank and with seniority equal to 25 that of the retired member at the time of retirement. For 26 purposes of this paragraph, “net retirement allowance” means 27 the amount determined by subtracting the amount paid during the 28 previous calendar year by the beneficiary for health insurance 29 or similar health care coverage for the beneficiary and the 30 beneficiary’s dependents from the amount of the member’s 31 retirement allowance paid for that year pursuant to this 32 chapter . The beneficiary shall submit sufficient documentation 33 to the board of trustees to permit the system to determine the 34 member’s net retirement allowance for the applicable year. 35 -35- SF 396 (8) 85 ec/rj/jh 35/ 38

S.F. 396 DIVISION IX 1 PUBLIC SAFETY COMMUNICATIONS 2 Sec. 52. NEW SECTION . 34A.11 Communications —— single 3 point-of-contact. 4 1. The joint E911 service board in each enhanced 911 5 service area shall designate a person to serve as a single 6 point-of-contact to facilitate the communication of needs, 7 issues, or concerns regarding emergency communications, 8 interoperability, and other matters applicable to 9 emergency E911 communications and migration to an internet 10 protocol-enabled next generation network. The person 11 designated as the single point-of-contact shall be responsible 12 for facilitating the communication of such needs, issues, or 13 concerns between public or private safety agencies within the 14 service area, the E911 program manager, the E911 communications 15 council, the statewide interoperable communications system 16 board established in section 80.28, and any other person, 17 entity, or agency the person deems necessary or appropriate. 18 The person designated shall also be responsible for responding 19 to surveys or requests for information applicable to the 20 service area received from a federal, state, or local agency, 21 entity, or board. 22 2. In the event a joint E911 service board fails to 23 designate a single point-of-contact by November 1, 2013, the 24 chairperson of the joint E911 service board shall serve in that 25 capacity. The E911 service board shall submit the name and 26 contact information for the person designated as the single 27 point-of-contact to the E911 program manager by January 1 28 annually. 29 3. The provisions of this section shall be equally 30 applicable to an alternative legal entity created pursuant to 31 chapter 28E if such an entity is established as an alternative 32 to a joint E911 service board as provided in section 34A.3. 33 If such an entity is established, the governing body of 34 that entity shall designate the single point-of-contact for 35 -36- SF 396 (8) 85 ec/rj/jh 36/ 38

S.F. 396 the entity, and the chairperson or representative official 1 of the governing body shall serve in the event a single 2 point-of-contact is not designated. 3 DIVISION X 4 REPORT —— STATE DEBT COORDINATOR 5 Sec. 53. DEPARTMENT OF REVENUE AND OFFICE OF THE STATE 6 DEBT COORDINATOR —— REPORT. The director of revenue shall 7 develop and recommend legislative proposals deemed necessary 8 for the continued efficiency of the functions of the office of 9 the state debt coordinator established in section 421C.1, and 10 shall prepare and file a report detailing the recommendations. 11 The report shall be filed by the director of revenue with 12 the department of management, the governor, and the general 13 assembly no later than January 13, 2014. 14 DIVISION XI 15 ONGOING PROGRAM REVIEW 16 Sec. 54. Section 2.69, subsection 4, Code 2013, is amended 17 by adding the following new paragraph: 18 NEW PARAGRAPH . 0c. Comprehensively review on a regular 19 basis the programs and projects administered by state 20 government to determine whether each program and project 21 reviewed is effectively and efficiently meeting the needs for 22 which created, and whether the needs remain applicable. The 23 review shall consider whether modifications to the program or 24 project reviewed could better meet the needs identified in a 25 more effective manner. 26 DIVISION XII 27 BOARDS AND COMMISSIONS 28 Sec. 55. Section 190A.3, subsection 3, Code 2013, is amended 29 to read as follows: 30 3. The farm-to-school council department of agriculture 31 and land stewardship and the department of education shall 32 seek to establish partnerships with public agencies and 33 nonprofit organizations to implement a structure to facilitate 34 communication between farmers and schools. 35 -37- SF 396 (8) 85 ec/rj/jh 37/ 38

S.F. 396 Sec. 56. Section 190A.3, subsection 4, Code 2013, is amended 1 to read as follows: 2 4. The farm-to-school council department of agriculture and 3 land stewardship and the department of education shall actively 4 seek financial or in-kind contributions from organizations or 5 persons to support the program. 6 Sec. 57. Section 256.9, subsection 55, paragraph j, Code 7 2013, is amended by striking the paragraph. 8 Sec. 58. REPEAL. Section 190A.2, Code 2013, is repealed. 9 DIVISION XIII 10 OBSOLETE PROVISIONS 11 Sec. 59. REPEAL. Section 15.112, Code 2013, is repealed. 12 Sec. 60. REPEAL. Chapters 15C and 15D, Code 2013, are 13 repealed. 14 -38- SF 396 (8) 85 ec/rj/jh 38/ 38