Bill Text: IA HSB199 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for establishing an independent office of the chief information officer within the department of management, providing penalties, and including transition provisions.
Sponsorship: Unknown
Status: (N/A - Dead) 2013-03-04 - State Government: Highfill Chair,Miller, L., and Winckler. [HSB199 Detail]
Download: Iowa-2013-HSB199-Introduced.html
House
Study
Bill
199
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
BILL)
A
BILL
FOR
An
Act
establishing
an
independent
office
of
the
chief
1
information
officer
within
the
department
of
management,
2
providing
penalties,
and
including
transition
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
8.6,
subsection
17,
paragraphs
a
and
b,
1
Code
2013,
are
amended
to
read
as
follows:
2
a.
To
establish
a
process
by
which
the
department,
in
3
consultation
with
the
department
of
administrative
services
and
4
the
office
of
the
chief
information
officer
,
shall
determine
5
which
services
provided
by
the
department
of
administrative
6
services
and
the
office
of
the
chief
information
officer
shall
7
be
funded
by
an
appropriation
and
which
services
shall
be
8
funded
by
the
governmental
entity
receiving
the
service.
9
b.
To
establish
a
process
for
determining
whether
the
10
department
of
administrative
services
or
the
office
of
the
11
chief
information
officer
shall
be
the
sole
provider
of
a
12
service
for
purposes
of
those
services
which
the
department
13
determines
under
paragraph
“a”
are
to
be
funded
by
the
14
governmental
entities
receiving
the
service.
15
Sec.
2.
Section
8A.101,
unnumbered
paragraph
1,
Code
2013,
16
is
amended
to
read
as
follows:
17
As
used
in
this
chapter
and
chapter
8B
,
unless
the
context
18
otherwise
requires:
19
Sec.
3.
Section
8A.103,
unnumbered
paragraph
1,
Code
2013,
20
is
amended
to
read
as
follows:
21
The
department
is
created
for
the
purpose
of
managing
and
22
coordinating
the
major
resources
of
state
government
including
23
the
human,
financial,
and
physical
,
and
information
resources
24
of
state
government.
25
Sec.
4.
Section
8A.104,
Code
2013,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
6A.
Provide
such
assistance
and
28
administrative
support
services
to
the
office
of
the
chief
29
information
officer,
created
in
section
8B.2,
as
the
department
30
and
the
office
determines
maximizes
the
efficiency
and
31
effectiveness
of
both
the
department
and
office.
32
Sec.
5.
Section
8A.111,
subsection
3,
Code
2013,
is
amended
33
by
striking
the
subsection.
34
Sec.
6.
NEW
SECTION
.
8B.1
Definitions.
35
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As
used
in
this
chapter
,
unless
the
context
otherwise
1
requires:
2
1.
“Information
technology”
means
computing
and
electronics
3
applications
used
to
process
and
distribute
information
in
4
digital
and
other
forms
and
includes
information
technology
5
devices,
telecommunications
devices,
internet
protocol
6
solutions
and
devices,
mobile
devices,
information
technology
7
services,
infrastructure
services,
and
value-added
services.
8
2.
“Information
technology
device”
means
equipment
or
9
associated
software,
including
programs,
languages,
procedures,
10
or
associated
documentation,
used
in
operating
the
equipment
11
which
is
designed
for
utilizing
information
stored
in
an
12
electronic
format.
“Information
technology
device”
includes
13
but
is
not
limited
to
computer
systems,
computer
networks,
and
14
equipment
used
for
input,
output,
processing,
storage,
display,
15
scanning,
and
printing.
16
3.
“Information
technology
services”
means
services
designed
17
to
do
any
of
the
following:
18
a.
Provide
functions,
maintenance,
and
support
of
19
information
technology
devices.
20
b.
Provide
services
including
but
not
limited
to
any
of
the
21
following:
22
(1)
Computer
systems
application
development
and
23
maintenance.
24
(2)
Systems
integration
and
interoperability.
25
(3)
Operating
systems
maintenance
and
design.
26
(4)
Computer
systems
programming.
27
(5)
Computer
systems
software
support.
28
(6)
Planning
and
security
relating
to
information
29
technology
devices.
30
(7)
Data
management
consultation.
31
(8)
Information
technology
education
and
consulting.
32
(9)
Information
technology
planning
and
standards.
33
(10)
Establishment
of
local
area
network
and
workstation
34
management
standards.
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4.
“Information
technology
staff”
includes
any
employees
1
performing
information
technology
services,
including
but
2
not
limited
to
agency
employees
in
information
technology
3
classifications,
contractors,
temporary
workers,
and
any
other
4
employees
providing
information
technology
services.
5
5.
“Infrastructure
services”
includes
all
of
the
following:
6
a.
Data
centers
used
to
support
mainframe
and
other
7
computers
and
their
associated
components
including
servers,
8
information
networks,
storage
systems,
redundant
or
backup
9
power
systems,
redundant
data
communications
connections,
10
environmental
controls,
and
security
devices.
11
b.
Servers,
mainframes,
or
other
centralized
processing
12
systems.
13
c.
Storage
systems,
including
but
not
limited
to
disk,
tape,
14
optical,
and
other
structured
repositories
for
storing
digital
15
information.
16
d.
Computer
networks
commonly
referred
to
as
local
area
17
networks.
18
e.
Network
services,
including
equipment
and
software
19
which
support
local
area
networks,
campus
area
networks,
wide
20
area
networks,
and
metro
area
networks.
Network
services
21
also
include
data
network
services
such
as
routers,
switches,
22
firewalls,
virtual
private
networks,
intrusion
detection
23
systems,
access
control,
internet
protocol
load
balancers,
24
event
logging
and
correlation,
and
content
caching.
Network
25
services
do
not
include
services
provided
by
the
public
26
broadcasting
division
of
the
department
of
education.
27
f.
Groupware
applications
used
to
facilitate
collaboration,
28
communication,
and
workflow,
including
electronic
mail,
29
directory
services,
calendaring
and
scheduling,
and
imaging
30
systems.
31
g.
Information
technology
help
desk
services.
32
h.
Cyber
security
functions
and
equipment.
33
i.
Digital
printing
and
printing
procurement
services.
34
j.
Data
warehouses,
including
services
that
assist
in
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managing
and
locating
digital
information.
1
k.
Disaster
recovery
technology
and
services.
2
l.
Other
similar
or
related
services
as
determined
by
the
3
chief
information
officer.
4
6.
“Office”
means
the
office
of
the
chief
information
5
officer
created
in
section
8B.2.
6
7.
“Participating
agency”
means
any
state
agency,
except
7
the
state
board
of
regents
and
institutions
operated
under
the
8
authority
of
the
state
board
of
regents.
9
8.
“Technology
advisory
council”
means
the
council
10
established
in
section
8B.8
.
11
9.
“Value-added
services”
means
services
that
offer
or
12
provide
unique,
special,
or
enhanced
value,
benefits,
or
13
features
to
the
customer
or
user
including
but
not
limited
to
14
services
in
which
information
technology
is
specially
designed,
15
modified,
or
adapted
to
meet
the
special
or
requested
needs
16
of
the
user
or
customer;
services
involving
the
delivery,
17
provision,
or
transmission
of
information
or
data
that
require
18
or
involve
additional
processing,
formatting,
enhancement,
19
compilation,
or
security;
services
that
provide
the
customer
20
or
user
with
enhanced
accessibility,
security,
or
convenience;
21
research
and
development
services;
and
services
that
are
22
provided
to
support
technological
or
statutory
requirements
23
imposed
on
participating
agencies
and
other
governmental
24
entities,
businesses,
and
the
public.
25
Sec.
7.
NEW
SECTION
.
8B.2
Office
created
——
chief
26
information
officer
appointed.
27
1.
The
office
of
the
chief
information
officer
is
created
28
as
an
independent
agency
within
the
department
of
management.
29
The
department
of
administrative
services
shall
provide
such
30
assistance
and
administrative
support
services
to
the
office
31
as
the
department
of
administrative
services
and
the
office
32
determines
maximizes
the
efficiency
and
effectiveness
of
both
33
the
department
and
office.
34
2.
The
chief
information
officer,
who
shall
be
the
head
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of
the
office,
shall
be
appointed
by
the
governor
to
serve
at
1
the
pleasure
of
the
governor
and
is
subject
to
confirmation
by
2
the
senate.
If
the
office
becomes
vacant,
the
vacancy
shall
3
be
filled
in
the
same
manner
as
provided
for
the
original
4
appointment.
5
3.
The
person
appointed
as
the
chief
information
officer
6
for
the
state
shall
be
professionally
qualified
by
education
7
and
have
no
less
than
five
years’
experience
in
the
field
of
8
information
technology,
and
a
working
knowledge
of
financial
9
management.
The
chief
information
officer
shall
not
be
10
a
member
of
any
local,
state,
or
national
committee
of
a
11
political
party,
an
officer
or
member
of
a
committee
in
12
any
partisan
political
club
or
organization,
or
hold
or
be
13
a
candidate
for
a
paid
elective
public
office.
The
chief
14
information
officer
is
subject
to
the
restrictions
on
political
15
activity
provided
in
section
8A.416.
16
Sec.
8.
NEW
SECTION
.
8B.3
Office
——
purpose
17
——
mission.
18
1.
The
office
is
created
for
the
purpose
of
leading,
19
directing,
managing,
coordinating,
and
providing
accountability
20
for
the
information
technology
resources
of
state
government.
21
2.
The
mission
of
the
office
is
to
provide
high-quality,
22
customer-focused
information
technology
services
and
business
23
solutions
to
government
and
to
citizens.
24
Sec.
9.
NEW
SECTION
.
8B.4
Powers
and
duties
of
the
chief
25
information
officer.
26
The
chief
information
officer
shall
do
all
of
the
following:
27
1.
Direct
the
internal
operations
of
the
office
and
develop
28
and
implement
policies,
procedures,
and
internal
organization
29
measures
designed
to
ensure
the
efficient
administration
of
the
30
office.
31
2.
Appoint
all
information
technology
staff
deemed
32
necessary
for
the
administration
of
the
office’s
functions
as
33
provided
in
this
chapter.
For
nonprofessional
employees
of
34
the
office,
employment
shall
be
consistent
with
chapter
8A,
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subchapter
IV.
The
employment
of
professional
employees
of
1
the
office
shall
be
exempt
from
the
provisions
of
chapter
8A,
2
subchapter
IV,
and
chapter
20.
3
3.
Manage,
in
consultation
with
the
applicable
4
participating
agency,
the
information
technology
staff
5
of
participating
agencies,
to
include
directing
the
work
6
of
information
technology
staff,
assigning
information
7
technology
staff
as
required
to
support
information
technology
8
requirements
and
initiatives
of
the
office,
and
to
review
and
9
recommend
approval
of
information
technology
staff
employment
10
decisions
in
coordination
with
the
department
of
management.
11
4.
Prepare
an
annual
budget
for
the
office.
Adopt
rules
12
for
the
approval
of
information
technology
budgets
for
13
participating
agencies
in
conjunction
with
the
department
of
14
management.
15
5.
Adopt
rules
deemed
necessary
for
the
administration
of
16
this
chapter
in
accordance
with
chapter
17A.
17
6.
Prescribe
and
adopt
information
technology
standards
and
18
rules.
19
7.
Develop
and
recommend
legislative
proposals
deemed
20
necessary
for
the
continued
efficiency
of
the
office
in
21
performing
information
technology
functions,
and
review
22
legislative
proposals
generated
outside
of
the
office
which
are
23
related
to
matters
within
the
office’s
purview.
24
8.
Provide
advice
to
the
governor
on
issues
related
to
25
information
technology.
26
9.
Consult
with
agencies
and
other
governmental
entities
on
27
issues
relating
to
information
technology.
28
10.
Work
with
all
governmental
entities
in
an
effort
to
29
achieve
the
information
technology
goals
established
by
the
30
office.
31
11.
Develop
systems
and
methodologies
to
review,
evaluate,
32
and
prioritize
information
technology
projects.
33
12.
Administer
all
accounting,
billing,
and
collection
34
functions
required
by
the
department
of
administrative
services
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pursuant
to
policies
adopted
by
the
chief
information
officer
1
after
consultation
and
in
cooperation
with
the
director
of
the
2
department
of
administrative
services.
3
13.
Utilize,
in
a
manner
determined
by
the
chief
information
4
officer,
such
assistance
and
administrative
support
services
as
5
provided
by
the
department
of
administrative
services
as
the
6
office
determines
to
maximize
the
efficiency
and
effectiveness
7
of
the
office.
8
14.
Enter
into
contracts
for
the
receipt
and
provision
of
9
services
as
deemed
necessary.
The
chief
information
officer
10
and
the
governor
may
obtain
and
accept
grants
and
receipts
11
to
or
for
the
state
to
be
used
for
the
administration
of
the
12
office’s
functions
as
provided
in
this
chapter.
13
15.
Exercise
and
perform
such
other
powers
and
duties
as
may
14
be
prescribed
by
law.
15
Sec.
10.
NEW
SECTION
.
8B.5
Prohibited
interests
16
——
penalty.
17
The
chief
information
officer
shall
not
have
any
pecuniary
18
interest,
directly
or
indirectly,
in
any
contract
for
supplies
19
furnished
to
the
state,
or
in
any
business
enterprise
involving
20
any
expenditure
by
the
state.
A
violation
of
the
provisions
21
of
this
section
is
a
serious
misdemeanor,
and
upon
conviction,
22
the
chief
information
officer
shall
be
removed
from
office
in
23
addition
to
any
other
penalty.
24
Sec.
11.
NEW
SECTION
.
8B.6
Acceptance
of
funds.
25
The
office
may
receive
and
accept
donations,
grants,
gifts,
26
and
contributions
in
the
form
of
moneys,
services,
materials,
27
or
otherwise,
from
the
United
States
or
any
of
its
agencies,
28
from
this
state
or
any
of
its
agencies,
or
from
any
other
29
person,
and
expend
such
moneys,
services,
materials,
or
other
30
contributions,
or
issue
grants,
in
carrying
out
the
operations
31
of
the
office.
All
federal
grants
to
and
the
federal
receipts
32
of
the
office
are
appropriated
for
the
purpose
set
forth
in
33
such
federal
grants
or
receipts.
The
office
shall
report
34
annually
to
the
general
assembly
on
or
before
September
1
the
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donations,
grants,
gifts,
and
contributions
with
a
monetary
1
value
of
one
thousand
dollars
or
more
that
were
received
during
2
the
most
recently
concluded
fiscal
year.
3
Sec.
12.
NEW
SECTION
.
8B.7
Federal
funds.
4
1.
Neither
the
provisions
of
this
chapter
nor
rules
adopted
5
pursuant
to
this
chapter
shall
apply
in
any
situation
where
6
such
provision
or
rule
is
in
conflict
with
a
governing
federal
7
regulation
or
where
the
provision
or
rule
would
jeopardize
the
8
receipt
of
federal
funds.
9
2.
If
it
is
determined
by
the
attorney
general
that
10
any
provision
of
this
chapter
would
cause
denial
of
funds
11
or
services
from
the
United
States
government
which
would
12
otherwise
be
available
to
an
agency
of
this
state,
such
13
provision
shall
be
suspended
as
to
such
agency,
but
only
to
the
14
extent
necessary
to
prevent
denial
of
such
funds
or
services.
15
Sec.
13.
NEW
SECTION
.
8B.8
Technology
advisory
council.
16
1.
Definitions.
For
purposes
of
this
section,
unless
the
17
context
otherwise
requires:
18
a.
“Large
agency”
means
a
participating
agency
with
more
19
than
seven
hundred
full-time,
year-round
employees.
20
b.
“Medium-sized
agency”
means
a
participating
agency
with
21
at
least
seventy
or
more
full-time,
year-round
employees,
but
22
not
more
than
seven
hundred
permanent
employees.
23
c.
“Small
agency”
means
a
participating
agency
with
less
24
than
seventy
full-time,
year-round
employees.
25
2.
Membership.
26
a.
The
technology
advisory
council
is
composed
of
ten
27
members
as
follows:
28
(1)
The
chief
information
officer.
29
(2)
The
director
of
the
department
of
management,
or
the
30
director’s
designee.
31
(3)
Eight
members
appointed
by
the
governor
as
follows:
32
(a)
Three
representatives
from
large
agencies.
33
(b)
Two
representatives
from
medium-sized
agencies.
34
(c)
One
representative
from
a
small
agency.
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(d)
Two
public
members
who
are
knowledgeable
and
have
1
experience
in
information
technology
matters.
2
b.
(1)
Members
appointed
pursuant
to
paragraph
“a”
,
3
subparagraph
(3),
shall
serve
two-year
staggered
terms.
The
4
office
shall
provide,
by
rule,
for
the
commencement
of
the
5
term
of
membership
for
the
nonpublic
members.
The
terms
of
6
the
public
members
shall
be
staggered
at
the
discretion
of
the
7
governor.
8
(2)
Sections
69.16,
69.16A,
and
69.19
shall
apply
to
the
9
public
members
of
the
council.
10
(3)
Public
members
appointed
by
the
governor
are
subject
to
11
senate
confirmation.
12
(4)
Public
members
appointed
by
the
governor
may
be
eligible
13
to
receive
compensation
as
provided
in
section
7E.6.
14
(5)
Members
shall
be
reimbursed
for
actual
and
necessary
15
expenses
incurred
in
performance
of
the
members’
duties.
16
(6)
A
director,
deputy
director,
or
employee
of
an
agency
17
who
has
information
technology
expertise
is
preferred
as
an
18
appointed
representative
for
each
of
the
agency
categories
of
19
membership
pursuant
to
paragraph
“a”
,
subparagraph
(3).
20
c.
The
technology
advisory
council
annually
shall
elect
a
21
chair
and
a
vice
chair
from
among
the
members
of
the
council,
22
by
majority
vote,
to
serve
one-year
terms.
23
d.
A
majority
of
the
members
of
the
council
shall
constitute
24
a
quorum.
25
e.
Meetings
of
the
council
shall
be
held
at
the
call
of
the
26
chairperson
or
at
the
request
of
three
members.
27
3.
Powers
and
duties
of
the
council.
The
powers
and
28
duties
of
the
technology
advisory
council
as
they
relate
to
29
information
technology
services
shall
include
but
are
not
30
limited
to
all
of
the
following:
31
a.
Make
recommendations
to
the
chief
information
officer
32
regarding
all
of
the
following:
33
(1)
Information
technology
standards
to
be
applicable
to
34
all
participating
agencies.
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(2)
Technology
utility
services
to
be
implemented
by
the
1
office.
2
(3)
Improvements
to
information
technology
service
3
levels
and
modifications
to
the
business
continuity
plan
for
4
information
technology
operations
developed
by
the
office
for
5
agencies,
and
to
maximize
the
value
of
information
technology
6
investments
by
the
state.
7
(4)
Technology
initiatives
for
the
executive
branch.
8
b.
Advise
the
office
regarding
rates
to
be
charged
for
9
access
to
and
for
value-added
services
performed
through
10
IowAccess.
11
Sec.
14.
NEW
SECTION
.
8B.9
Reports
required.
12
The
office
shall
provide
all
of
the
following
reports:
13
1.
An
annual
report
of
the
office.
14
2.
Internal
service
fund
service
business
plans
and
15
financial
reports
as
required
under
section
8B.13,
subsection
16
5,
paragraph
“a”
,
and
an
annual
internal
service
fund
17
expenditure
report
as
required
under
section
8B.13,
subsection
18
5,
paragraph
“b”
.
19
3.
An
annual
report
regarding
total
spending
on
technology
20
as
required
under
section
8B.21,
subsection
6.
21
4.
An
annual
report
of
expenditures
from
the
IowAccess
22
revolving
fund
as
provided
in
section
8B.33.
23
Sec.
15.
NEW
SECTION
.
8B.12
Services
to
governmental
24
entities
and
nonprofit
organizations.
25
1.
The
chief
information
officer
shall
enter
into
26
agreements
with
state
agencies,
and
may
enter
into
agreements
27
with
any
other
governmental
entity
or
a
nonprofit
organization,
28
to
furnish
services
and
facilities
of
the
office
to
the
29
applicable
governmental
entity
or
nonprofit
organization.
The
30
agreement
shall
provide
for
the
reimbursement
to
the
office
of
31
the
reasonable
cost
of
the
services
and
facilities
furnished.
32
All
governmental
entities
of
this
state
may
enter
into
such
33
agreements.
For
purposes
of
this
subsection,
“nonprofit
34
organization”
means
a
nonprofit
entity
which
is
exempt
from
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federal
income
taxation
pursuant
to
section
501(c)(3)
of
the
1
Internal
Revenue
Code
and
which
is
funded
in
whole
or
in
part
2
by
public
funds.
3
2.
This
chapter
does
not
affect
any
city
civil
service
4
programs
established
under
chapter
400.
5
3.
The
state
board
of
regents
shall
not
be
required
to
6
obtain
any
service
for
the
state
board
of
regents
or
any
7
institution
under
the
control
of
the
state
board
of
regents
8
that
is
provided
by
the
office
pursuant
to
this
chapter
without
9
the
consent
of
the
state
board
of
regents.
10
Sec.
16.
NEW
SECTION
.
8B.13
Office
internal
service
funds.
11
1.
Activities
of
the
office
shall
be
accounted
for
12
within
the
general
fund
of
the
state,
except
that
the
chief
13
information
officer
may
establish
and
maintain
internal
14
service
funds
in
accordance
with
generally
accepted
accounting
15
principles,
as
defined
in
section
8.57,
subsection
4,
for
16
activities
of
the
office
which
are
primarily
funded
from
17
billings
to
governmental
entities
for
services
rendered
by
18
the
office.
The
establishment
of
an
internal
service
fund
is
19
subject
to
the
approval
of
the
director
of
the
department
of
20
management
and
the
concurrence
of
the
auditor
of
state.
At
21
least
ninety
days
prior
to
the
establishment
of
an
internal
22
service
fund
pursuant
to
this
section,
the
chief
information
23
officer
shall
notify
in
writing
the
general
assembly,
including
24
the
legislative
council,
legislative
fiscal
committee,
and
the
25
legislative
services
agency.
26
2.
Internal
service
funds
shall
be
administered
by
the
27
office
and
shall
consist
of
moneys
collected
by
the
office
28
from
billings
issued
in
accordance
with
section
8B.15
and
any
29
other
moneys
obtained
or
accepted
by
the
office,
including
30
but
not
limited
to
gifts,
loans,
donations,
grants,
and
31
contributions,
which
are
designated
to
support
the
activities
32
of
the
individual
internal
service
funds.
33
3.
The
proceeds
of
an
internal
service
fund
established
34
pursuant
to
this
section
shall
be
used
by
the
office
for
the
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operations
of
the
office
consistent
with
this
chapter.
The
1
chief
information
officer
may
appoint
the
personnel
necessary
2
to
ensure
the
efficient
provision
of
services
funded
pursuant
3
to
an
internal
service
fund
established
under
this
section.
4
However,
this
usage
requirement
shall
not
limit
or
restrict
5
the
office
from
using
proceeds
from
gifts,
loans,
donations,
6
grants,
and
contributions
in
conformance
with
any
conditions,
7
directions,
limitations,
or
instructions
attached
or
related
8
thereto.
9
4.
Section
8.33
does
not
apply
to
any
moneys
in
internal
10
service
funds
established
pursuant
to
this
section.
11
Notwithstanding
section
12C.7,
subsection
2,
interest
or
12
earnings
on
moneys
deposited
in
these
funds
shall
be
credited
13
to
these
funds.
14
5.
a.
The
chief
information
officer
shall
annually
provide
15
internal
service
fund
service
business
plans
and
financial
16
reports
to
the
department
of
management
and
the
general
17
assembly.
The
business
plans
may
include
the
recommendation
18
that
a
portion
of
unexpended
net
income
be
periodically
19
returned
to
the
appropriate
funding
source.
20
b.
The
office
shall
submit
an
annual
report
not
later
21
than
October
1
to
the
members
of
the
general
assembly
and
the
22
legislative
services
agency
of
the
activities
funded
by
and
23
expenditures
made
from
an
internal
service
fund
established
24
pursuant
to
this
section
during
the
preceding
fiscal
year.
25
Sec.
17.
NEW
SECTION
.
8B.14
Additional
personnel.
26
The
office
may
employ,
upon
the
approval
of
the
department
27
of
management,
additional
personnel
in
excess
of
the
number
28
of
full-time
equivalent
positions
authorized
by
the
general
29
assembly
if
such
additional
personnel
are
reasonable
and
30
necessary
to
perform
such
duties
as
required
to
meet
the
31
needs
of
the
office
to
provide
services
to
other
governmental
32
entities
and
as
authorized
by
this
chapter.
The
chief
33
information
officer
shall
notify
in
writing
the
department
34
of
management,
the
legislative
fiscal
committee,
and
the
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legislative
services
agency
of
any
additional
personnel
1
employed
pursuant
to
this
section.
2
Sec.
18.
NEW
SECTION
.
8B.15
Billing
——
credit
card
3
payments.
4
1.
The
chief
information
officer
may
bill
a
governmental
5
entity
for
services
rendered
by
the
office
in
accordance
with
6
the
duties
of
the
office
as
provided
in
this
chapter.
Bills
7
may
include
direct,
indirect,
and
developmental
costs
which
8
have
not
been
funded
by
an
appropriation
to
the
office.
The
9
office
shall
periodically
render
a
billing
statement
to
a
10
governmental
entity
outlining
the
cost
of
services
provided
to
11
the
governmental
entity.
The
amount
indicated
on
the
statement
12
shall
be
paid
by
the
governmental
entity
and
amounts
received
13
by
the
office
shall
be
considered
repayment
receipts
as
defined
14
in
section
8.2,
and
deposited
into
the
accounts
of
the
office.
15
2.
In
addition
to
other
forms
of
payment,
a
person
may
pay
16
by
credit
card
for
services
provided
by
the
office,
according
17
to
rules
adopted
by
the
treasurer
of
state.
The
credit
card
18
fees
to
be
charged
shall
not
exceed
those
permitted
by
statute.
19
A
governmental
entity
may
adjust
its
payment
to
reflect
the
20
costs
of
processing
as
determined
by
the
treasurer
of
state.
21
The
discount
charged
by
the
credit
card
issuer
may
be
included
22
in
determining
the
fees
to
be
paid
for
completing
a
financial
23
transaction
under
this
section
by
using
a
credit
card.
All
24
credit
card
payments
shall
be
credited
to
the
fund
used
to
25
account
for
the
services
provided.
26
Sec.
19.
NEW
SECTION
.
8B.16
Office
debts
and
liabilities
27
——
appropriation
request.
28
If
a
service
provided
by
the
office
and
funded
from
an
29
internal
service
fund
established
under
section
8B.13
ceases
30
to
be
provided
and
insufficient
funds
remain
in
the
internal
31
service
fund
to
pay
any
outstanding
debts
and
liabilities
32
relating
to
that
service,
the
chief
information
officer
33
shall
notify
the
general
assembly
and
request
that
moneys
be
34
appropriated
from
the
general
fund
of
the
state
to
pay
such
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debts
and
liabilities.
1
Sec.
20.
NEW
SECTION
.
8B.21
Information
technology
services
2
——
office
powers
and
duties
——
responsibilities.
3
1.
Powers
and
duties
of
office.
The
powers
and
duties
of
4
the
office
as
it
relates
to
information
technology
services
5
shall
include
but
are
not
limited
to
all
of
the
following:
6
a.
Approving
information
technology
for
use
by
agencies
and
7
other
governmental
entities.
8
b.
Implementing
the
strategic
information
technology
plan.
9
c.
Developing
and
implementing
a
business
continuity
plan,
10
as
the
chief
information
officer
determines
is
appropriate,
to
11
be
used
if
a
disruption
occurs
in
the
provision
of
information
12
technology
to
participating
agencies
and
other
governmental
13
entities.
14
d.
Prescribing
standards
and
adopting
rules
relating
to
15
cyber
security,
geospatial
systems,
application
development,
16
and
information
technology
and
procurement,
including
but
17
not
limited
to
system
design
and
systems
integration,
and
18
interoperability,
which
shall
apply
to
all
participating
19
agencies
except
as
otherwise
provided
in
this
chapter.
The
20
office
shall
implement
information
technology
standards
as
21
established
pursuant
to
this
chapter
which
are
applicable
to
22
information
technology
procurements
for
participating
agencies.
23
e.
Establishing
an
enterprise
strategic
and
project
24
management
function
for
oversight
of
all
information
25
technology-related
projects
and
resources
of
participating
26
agencies.
27
f.
(1)
Developing
and
maintaining
security
policies
and
28
systems
to
ensure
the
integrity
of
the
state’s
information
29
resources
and
to
prevent
the
disclosure
of
confidential
30
records.
The
office
shall
ensure
that
the
security
policies
31
and
systems
be
consistent
with
the
state’s
data
transparency
32
efforts
by
developing
and
implementing
policies
and
systems
for
33
the
sharing
of
data
and
information
by
participating
agencies.
34
(2)
Establishing
statewide
standards,
to
include
periodic
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review
and
compliance
measures,
for
information
technology
1
security
to
maximize
the
functionality,
security,
and
2
interoperability
of
the
state’s
distributed
information
3
technology
assets,
including
but
not
limited
to
communications
4
and
encryption
technologies.
5
(3)
Requiring
all
information
technology
security
services,
6
solutions,
hardware,
and
software
purchased
or
used
by
a
7
participating
agency
to
be
subject
to
approval
by
the
office
in
8
accordance
with
security
standards.
9
g.
Developing
and
implementing
effective
and
efficient
10
strategies
for
the
use
and
provision
of
information
technology
11
and
information
technology
staff
for
participating
agencies
and
12
other
governmental
entities.
13
h.
Coordinating
and
managing
the
acquisition
of
information
14
technology
services
by
participating
agencies
in
furtherance
15
of
the
purposes
of
this
chapter.
The
office
shall
institute
16
procedures
to
ensure
effective
and
efficient
compliance
with
17
the
applicable
standards
established
pursuant
to
this
chapter.
18
i.
Entering
into
contracts,
leases,
licensing
agreements,
19
royalty
agreements,
marketing
agreements,
memorandums
of
20
understanding,
or
other
agreements
as
necessary
and
appropriate
21
to
administer
this
chapter.
22
j.
Determining
and
implementing
statewide
efforts
23
to
standardize
data
elements,
determine
data
ownership
24
assignments,
and
implement
the
sharing
of
data.
25
k.
Requiring
that
a
participating
agency
provide
such
26
information
as
is
necessary
to
establish
and
maintain
an
27
inventory
of
information
technology
used
by
participating
28
agencies,
and
such
participating
agency
shall
provide
such
29
information
to
the
office
in
a
timely
manner.
The
form
and
30
content
of
the
information
to
be
provided
shall
be
determined
31
by
the
office.
32
l.
Requiring
participating
agencies
to
provide
the
full
33
details
of
the
agency’s
information
technology
and
operational
34
requirements
upon
request,
report
information
technology
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security
incidents
to
the
office
in
a
timely
manner,
provide
1
comprehensive
information
concerning
the
information
technology
2
security
employed
by
the
agency
to
protect
the
agency’s
3
information
technology,
and
forecast
the
parameters
of
the
4
agency’s
projected
future
information
technology
security
needs
5
and
capabilities.
6
m.
Charging
reasonable
fees,
costs,
expenses,
charges,
7
or
other
amounts
to
an
agency,
governmental
entity,
public
8
official,
or
person
or
entity
related
to
the
provision,
sale,
9
use,
or
utilization
of,
or
cost
sharing
with
respect
to,
10
information
technology
and
any
intellectual
property
interests
11
related
thereto;
research
and
development;
proprietary
12
hardware,
software,
and
applications;
and
information
13
technology
architecture
and
design.
The
office
may
enter
14
into
nondisclosure
agreements
and
take
any
other
legal
action
15
reasonably
necessary
to
secure
a
right
to
an
interest
in
16
information
technology
development
by
or
on
behalf
of
the
17
state
of
Iowa
and
to
protect
the
state
of
Iowa’s
proprietary
18
information
technology
and
intellectual
property
interests.
19
The
provisions
of
chapter
23A
relating
to
noncompetition
20
by
state
agencies
and
political
subdivisions
with
private
21
enterprise
shall
not
apply
to
office
activities
authorized
22
under
this
paragraph.
23
n.
Charging
reasonable
fees,
costs,
expenses,
charges,
24
or
other
amounts
to
an
agency,
governmental
entity,
public
25
official,
or
other
person
or
entity
to
or
for
whom
information
26
technology
or
other
services
have
been
provided
by
or
on
behalf
27
of,
or
otherwise
made
available
through,
the
office.
28
o.
Providing,
selling,
leasing,
licensing,
transferring,
or
29
otherwise
conveying
or
disposing
of
information
technology,
or
30
any
intellectual
property
or
other
rights
with
respect
thereto,
31
to
agencies,
governmental
entities,
public
officials,
or
other
32
persons
or
entities.
33
p.
Entering
into
partnerships,
contracts,
leases,
or
other
34
agreements
with
public
and
private
entities
for
the
evaluation
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and
development
of
information
technology
pilot
projects.
1
q.
Initiating
and
supporting
the
development
of
electronic
2
commerce,
electronic
government,
and
internet
applications
3
across
participating
agencies
and
in
cooperation
with
4
other
governmental
entities.
The
office
shall
foster
joint
5
development
of
electronic
commerce
and
electronic
government
6
involving
the
public
and
private
sectors,
develop
customer
7
surveys
and
citizen
outreach
and
education
programs
and
8
material,
and
provide
for
citizen
input
regarding
the
state’s
9
electronic
commerce
and
electronic
government
applications.
10
2.
Responsibilities.
The
responsibilities
of
the
office
11
as
it
relates
to
information
technology
services
include
the
12
following:
13
a.
Coordinate
the
activities
of
the
office
in
promoting,
14
integrating,
and
supporting
information
technology
in
all
15
business
aspects
of
state
government.
16
b.
Provide
for
server
systems,
including
mainframe
and
17
other
server
operations,
desktop
support,
and
applications
18
integration.
19
c.
Provide
applications
development,
support,
and
training,
20
and
advice
and
assistance
in
developing
and
supporting
business
21
applications
throughout
state
government.
22
3.
Information
technology
charges.
The
office
shall
23
render
a
statement
to
an
agency,
governmental
entity,
public
24
official,
or
other
person
or
entity
to
or
for
whom
information
25
technology,
value-added
services,
or
other
items
or
services
26
have
been
provided
by
or
on
behalf
of,
or
otherwise
made
27
available
through,
the
office.
Such
an
agency,
governmental
28
entity,
public
official,
or
other
person
or
entity
shall
pay
29
an
amount
indicated
on
such
statement
in
a
manner
determined
30
by
the
office.
31
4.
Dispute
resolution.
If
a
dispute
arises
between
the
32
office
and
an
agency
for
which
the
office
provides
or
refuses
33
to
provide
information
technology,
the
dispute
shall
be
34
resolved
as
provided
in
section
679A.19.
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5.
Waivers.
1
a.
The
office
shall
adopt
rules
allowing
for
participating
2
agencies
to
seek
a
temporary
or
permanent
waiver
from
any
of
3
the
requirements
of
this
chapter
concerning
the
acquisition,
4
utilization,
or
provision
of
information
technology.
The
rules
5
shall
provide
that
a
waiver
may
be
granted
upon
a
written
6
request
by
a
participating
agency
and
approval
of
the
chief
7
information
officer.
A
waiver
shall
only
be
approved
if
the
8
participating
agency
shows
that
a
waiver
would
be
in
the
best
9
interests
of
the
state.
10
b.
Prior
to
approving
or
denying
a
request
for
a
waiver,
the
11
chief
information
officer
shall
consider
all
of
the
following:
12
(1)
Whether
the
failure
to
grant
a
waiver
would
violate
13
any
state
or
federal
law
or
any
published
policy,
standard,
14
or
requirement
established
by
a
governing
body
other
than
the
15
office.
16
(2)
Whether
the
failure
to
grant
a
waiver
would
result
in
17
the
duplication
of
existing
services,
resources,
or
support.
18
(3)
Whether
the
waiver
would
obstruct
the
state’s
19
information
technology
strategic
plan,
enterprise
architecture,
20
security
plans,
or
any
other
information
technology
policy,
21
standard,
or
requirement.
22
(4)
Whether
the
waiver
would
result
in
excessive
23
expenditures
or
expenditures
above
market
rates.
24
(5)
The
life
cycle
of
the
system
or
application
for
which
25
the
waiver
is
requested.
26
(6)
Whether
the
participating
agency
can
show
that
it
can
27
obtain
or
provide
the
information
technology
more
economically
28
than
the
information
technology
can
be
provided
by
the
office.
29
For
purposes
of
determining
if
the
participating
agency
can
30
obtain
or
provide
the
information
technology
more
economically,
31
the
chief
information
officer
shall
consider
the
impact
on
32
other
participating
agencies
if
the
waiver
is
granted
or
33
denied.
34
(7)
Whether
the
failure
to
grant
a
waiver
would
jeopardize
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federal
funding.
1
c.
Rules
adopted
pursuant
to
this
subsection
relating
to
a
2
request
for
a
waiver,
at
a
minimum,
shall
provide
for
all
of
3
the
following:
4
(1)
The
request
shall
be
in
writing
and
signed
by
the
head
5
of
the
participating
agency
seeking
the
waiver.
6
(2)
The
request
shall
include
a
reference
to
the
specific
7
policy,
standard,
or
requirement
for
which
the
waiver
is
8
submitted.
9
(3)
The
request
shall
include
a
statement
of
facts
including
10
a
description
of
the
problem
or
issue
prompting
the
request;
11
the
participating
agency’s
preferred
solution;
an
alternative
12
approach
to
be
implemented
by
the
participating
agency
intended
13
to
satisfy
the
waived
policy,
standard,
or
requirement;
the
14
business
case
for
the
alternative
approach;
the
economic
15
justification
for
the
waiver
or
a
statement
as
to
why
the
16
waiver
is
in
the
best
interests
of
the
state;
the
time
period
17
for
which
the
waiver
is
requested;
and
any
other
information
18
deemed
appropriate.
19
d.
A
participating
agency
may
appeal
the
decision
of
the
20
chief
information
officer
to
the
director
of
the
department
of
21
management
within
seven
calendar
days
following
the
decision
of
22
the
chief
information
officer.
The
director
of
the
department
23
of
management
shall
respond
within
fourteen
days
following
the
24
receipt
of
the
appeal.
25
e.
The
department
of
public
defense
shall
not
be
required
26
to
obtain
any
information
technology
services
pursuant
to
this
27
chapter
for
the
department
of
public
defense
that
is
provided
28
by
the
office
pursuant
to
this
chapter
without
the
consent
of
29
the
adjutant
general.
30
6.
Annual
report.
On
an
annual
basis,
prepare
a
report
to
31
the
governor,
the
department
of
management,
and
the
general
32
assembly
regarding
the
total
spending
on
technology
for
the
33
previous
fiscal
year,
the
total
amount
appropriated
for
the
34
current
fiscal
year,
and
an
estimate
of
the
amount
to
be
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requested
for
the
succeeding
fiscal
year
for
all
agencies.
The
1
report
shall
include
a
five-year
projection
of
technology
cost
2
savings,
an
accounting
of
the
level
of
technology
cost
savings
3
for
the
current
fiscal
year,
and
a
comparison
of
the
level
of
4
technology
cost
savings
for
the
current
fiscal
year
with
that
5
of
the
previous
fiscal
year.
The
report
shall
be
filed
as
soon
6
as
possible
after
the
close
of
a
fiscal
year,
and
by
no
later
7
than
the
second
Monday
of
January
of
each
year.
8
Sec.
21.
NEW
SECTION
.
8B.22
Digital
government.
9
1.
The
office
is
responsible
for
initiating
and
10
supporting
the
development
of
electronic
commerce,
electronic
11
government,
mobile
applications,
and
internet
applications
12
across
participating
agencies
and
in
cooperation
with
other
13
governmental
entities.
14
2.
In
developing
the
concept
of
digital
government,
the
15
office
shall
do
all
of
the
following:
16
a.
Establish
standards,
consistent
with
other
state
law,
for
17
the
implementation
of
electronic
commerce,
including
standards
18
for
electronic
signatures,
electronic
currency,
and
other
items
19
associated
with
electronic
commerce.
20
b.
Establish
guidelines
for
the
appearance
and
functioning
21
of
applications.
22
c.
Establish
standards
for
the
integration
of
electronic
23
data
across
state
agencies.
24
d.
Foster
joint
development
of
electronic
commerce
and
25
electronic
government
involving
the
public
and
private
sectors.
26
e.
Develop
customer
surveys
and
citizen
outreach
and
27
education
programs
and
material,
and
provide
for
citizen
input
28
regarding
the
state’s
electronic
commerce
and
electronic
29
government
applications.
30
f.
Assist
participating
agencies
in
converting
printed
31
government
materials
to
electronic
materials
which
can
be
32
accessed
through
an
internet
searchable
database.
33
g.
Encourage
participating
agencies
to
utilize
a
print
34
on
demand
strategy
to
reduce
publication
overruns,
excessive
35
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inventory,
and
obsolete
printed
materials.
1
Sec.
22.
NEW
SECTION
.
8B.23
Information
technology
2
standards.
3
1.
The
office
shall
develop
and
adopt
information
4
technology
standards
applicable
to
the
procurement
of
5
information
technology
by
all
participating
agencies.
Such
6
standards,
unless
waived
by
the
office,
shall
apply
to
all
7
information
technology
procurements
for
participating
agencies.
8
2.
The
office
of
the
governor
or
the
office
of
an
elective
9
constitutional
or
statutory
officer
shall
consult
with
the
10
office
prior
to
procuring
information
technology
and
consider
11
the
information
technology
standards
adopted
by
the
office,
and
12
provide
a
written
report
to
the
office
relating
to
the
other
13
office’s
decision
regarding
such
acquisitions.
14
Sec.
23.
NEW
SECTION
.
8B.24
Procurement
of
information
15
technology.
16
1.
Standards
established
by
the
office,
unless
waived
by
the
17
office,
shall
apply
to
all
information
technology
procurements
18
for
participating
agencies.
19
2.
The
office
shall
institute
procedures
to
ensure
20
effective
and
efficient
compliance
with
standards
established
21
by
the
office.
22
3.
The
office
shall
develop
policies
and
procedures
23
that
apply
to
all
information
technology
goods
and
services
24
acquisitions,
and
shall
ensure
the
compliance
of
all
25
participating
agencies.
The
office
shall
also
be
the
sole
26
provider
of
infrastructure
services
for
participating
agencies.
27
4.
The
office,
by
rule,
may
implement
a
prequalification
28
procedure
for
contractors
with
which
the
office
has
entered
or
29
intends
to
enter
into
agreements
regarding
the
procurement
of
30
information
technology.
31
5.
Notwithstanding
the
provisions
governing
purchasing
as
32
provided
in
chapter
8A,
subchapter
III,
the
office
may
procure
33
information
technology
as
provided
in
this
section.
The
34
office
may
cooperate
with
other
governmental
entities
in
the
35
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procurement
of
information
technology
in
an
effort
to
make
such
1
procurements
in
a
cost-effective,
efficient
manner
as
provided
2
in
this
section.
The
office,
as
deemed
appropriate
and
cost
3
effective,
may
procure
information
technology
using
any
of
the
4
following
methods:
5
a.
Cooperative
procurement
agreement.
The
office
may
6
enter
into
a
cooperative
procurement
agreement
with
another
7
governmental
entity
relating
to
the
procurement
of
information
8
technology,
whether
such
information
technology
is
for
the
use
9
of
the
office
or
other
governmental
entities.
The
cooperative
10
procurement
agreement
shall
clearly
specify
the
purpose
of
11
the
agreement
and
the
method
by
which
such
purpose
will
be
12
accomplished.
Any
power
exercised
under
such
agreement
shall
13
not
exceed
the
power
granted
to
any
party
to
the
agreement.
14
b.
Negotiated
contract.
The
office
may
enter
into
an
15
agreement
for
the
purchase
of
information
technology
if
any
of
16
the
following
applies:
17
(1)
The
contract
price,
terms,
and
conditions
are
pursuant
18
to
the
current
federal
supply
contract,
and
the
purchase
order
19
adequately
identifies
the
federal
supply
contract
under
which
20
the
procurement
is
to
be
made.
21
(2)
The
contract
price,
terms,
and
conditions
are
no
less
22
favorable
than
the
contractor’s
current
federal
supply
contract
23
price,
terms,
and
conditions;
the
contractor
has
indicated
24
in
writing
a
willingness
to
extend
such
price,
terms,
and
25
conditions
to
the
office;
and
the
purchase
order
adequately
26
identifies
the
contract
relied
upon.
27
(3)
The
contract
is
with
a
vendor
who
has
a
current
28
exclusive
or
nonexclusive
price
agreement
with
the
state
for
29
the
information
technology
to
be
procured,
and
such
information
30
technology
meets
the
same
standards
and
specifications
as
the
31
items
to
be
procured
and
both
of
the
following
apply:
32
(a)
The
quantity
purchased
does
not
exceed
the
quantity
33
which
may
be
purchased
under
the
applicable
price
agreement.
34
(b)
The
purchase
order
adequately
identifies
the
price
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_____
agreement
relied
upon.
1
c.
Contracts
let
by
another
governmental
entity.
The
2
office,
on
its
own
behalf
or
on
the
behalf
of
another
3
participating
agency
or
governmental
entity,
may
procure
4
information
technology
under
a
contract
let
by
another
agency
5
or
other
governmental
entity,
or
approve
such
procurement
in
6
the
same
manner
by
a
participating
agency
or
governmental
7
entity.
The
office,
on
its
own
behalf
or
on
the
behalf
of
8
another
participating
agency
or
governmental
entity,
may
also
9
procure
information
technology
by
leveraging
an
existing
10
competitively
procured
contract,
other
than
a
contract
11
associated
with
the
state
board
of
regents
or
an
institution
12
under
the
control
of
the
state
board
of
regents.
13
d.
Reverse
auction.
14
(1)
The
office
may
enter
into
an
agreement
for
the
purchase
15
of
information
technology
utilizing
a
reverse
auction
process.
16
Such
process
shall
result
in
the
purchase
of
information
17
technology
from
the
vendor
submitting
the
lowest
responsible
18
bid
amount
for
the
information
technology
to
be
acquired.
The
19
office,
in
establishing
a
reverse
auction
process,
shall
do
all
20
of
the
following:
21
(a)
Determine
the
specifications
and
requirements
of
the
22
information
technology
to
be
acquired.
23
(b)
Identify
and
provide
notice
to
potential
vendors
24
concerning
the
proposed
acquisition.
25
(c)
Establish
prequalification
requirements
to
be
met
by
a
26
vendor
to
be
eligible
to
participate
in
the
reverse
auction.
27
(d)
Conduct
the
reverse
auction
in
a
manner
as
deemed
28
appropriate
by
the
office
and
consistent
with
rules
adopted
by
29
the
office.
30
(2)
Prior
to
conducting
a
reverse
auction,
the
office
31
shall
establish
a
threshold
amount
which
shall
be
the
maximum
32
amount
that
the
office
is
willing
to
pay
for
the
information
33
technology
to
be
acquired.
34
(3)
The
office
shall
enter
into
an
agreement
with
a
35
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vendor
who
is
the
lowest
responsible
bidder
which
meets
the
1
specifications
or
description
of
the
information
technology
2
to
be
procured,
or
the
office
may
reject
all
bids
and
begin
3
the
process
again.
In
determining
the
lowest
responsible
4
bidder,
the
office
may
consider
various
factors
including
but
5
not
limited
to
the
past
performance
of
the
vendor
relative
6
to
quality
of
product
or
service,
the
past
experience
of
the
7
office
in
relation
to
the
product
or
service,
the
relative
8
quality
of
products
or
services,
the
proposed
terms
of
9
delivery,
and
the
best
interest
of
the
state.
10
e.
Competitive
bidding.
The
office
may
enter
into
an
11
agreement
for
the
procurement
or
acquisition
of
information
12
technology
in
the
same
manner
as
provided
under
chapter
8A,
13
subchapter
III,
for
the
purchasing
of
service.
14
f.
Other
agreement.
In
addition
to
the
competitive
bidding
15
procedure
provided
for
under
paragraph
“e”
,
the
office
may
16
enter
into
an
agreement
for
the
purchase,
disposal,
or
other
17
disposition
of
information
technology
in
the
same
manner
and
18
subject
to
the
same
limitations
as
otherwise
provided
in
19
this
chapter.
The
office,
by
rule,
shall
provide
for
such
20
procedures.
21
6.
The
office
shall
adopt
rules
pursuant
to
chapter
17A
to
22
implement
the
procurement
methods
and
procedures
provided
for
23
in
subsections
2
through
5.
24
Sec.
24.
NEW
SECTION
.
8B.31
IowAccess
——
office
duties
and
25
responsibilities.
26
1.
IowAccess.
The
office
shall
establish
IowAccess
as
27
a
service
to
the
citizens
of
this
state
that
is
the
gateway
28
for
one-stop
electronic
access
to
government
information
and
29
transactions,
whether
federal,
state,
or
local.
Except
as
30
provided
in
this
section,
IowAccess
shall
be
a
state-funded
31
service
providing
access
to
government
information
and
32
transactions.
The
office,
in
establishing
the
fees
for
33
value-added
services,
shall
consider
the
reasonable
cost
of
34
creating
and
organizing
such
government
information
through
35
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IowAccess.
1
2.
Duties.
The
office
shall
do
all
of
the
following:
2
a.
Establish
rates
to
be
charged
for
access
to
and
for
3
value-added
services
performed
through
IowAccess.
4
b.
Approve
and
establish
the
priority
of
projects
5
associated
with
IowAccess.
The
determination
may
also
include
6
requirements
concerning
funding
for
a
project
proposed
by
7
a
political
subdivision
of
the
state
or
an
association,
8
the
membership
of
which
is
comprised
solely
of
political
9
subdivisions
of
the
state.
Prior
to
approving
a
project
10
proposed
by
a
political
subdivision,
the
office
shall
verify
11
that
all
of
the
following
conditions
are
met:
12
(1)
The
proposed
project
provides
a
benefit
to
the
state.
13
(2)
The
proposed
project,
once
completed,
can
be
shared
14
with
and
used
by
other
political
subdivisions
of
the
state,
as
15
appropriate.
16
(3)
The
state
retains
ownership
of
any
final
product
or
is
17
granted
a
permanent
license
to
the
use
of
the
product.
18
c.
Establish
expected
outcomes
and
effects
of
the
use
of
19
IowAccess
and
determine
the
manner
in
which
such
outcomes
are
20
to
be
measured
and
evaluated.
21
d.
Establish
the
IowAccess
total
budget
request
and
22
ensure
that
such
request
reflects
the
priorities
and
goals
of
23
IowAccess
as
established
by
the
office.
24
e.
Advocate
for
access
to
government
information
and
25
services
through
IowAccess
and
for
data
privacy
protection,
26
information
ethics,
accuracy,
and
security
in
IowAccess
27
programs
and
services.
28
f.
Receive
status
and
operations
reports
associated
with
29
IowAccess.
30
3.
Data
purchasing.
This
section
shall
not
be
construed
31
to
impair
the
right
of
a
person
to
contract
to
purchase
32
information
or
data
from
the
Iowa
court
information
system
33
or
any
other
governmental
entity.
This
section
shall
not
be
34
construed
to
affect
a
data
purchase
agreement
or
contract
in
35
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existence
on
April
25,
2000.
1
Sec.
25.
NEW
SECTION
.
8B.32
Financial
transactions.
2
1.
Moneys
paid
to
a
participating
agency
from
persons
who
3
complete
an
electronic
financial
transaction
with
the
agency
by
4
accessing
IowAccess
shall
be
transferred
to
the
treasurer
of
5
state
for
deposit
in
the
general
fund
of
the
state,
unless
the
6
disposition
of
the
moneys
is
specifically
provided
for
under
7
other
law.
The
moneys
may
include
all
of
the
following:
8
a.
Fees
required
to
obtain
an
electronic
public
record
as
9
provided
in
section
22.3A.
10
b.
Fees
required
to
process
an
application
or
file
a
11
document,
including
but
not
limited
to
fees
required
to
obtain
12
a
license
issued
by
a
licensing
authority.
13
c.
Moneys
owed
to
a
governmental
entity
by
a
person
14
accessing
IowAccess
in
order
to
satisfy
a
liability
15
arising
from
the
operation
of
law,
including
the
payment
of
16
assessments,
taxes,
fines,
and
civil
penalties.
17
2.
Moneys
transferred
using
IowAccess
may
include
amounts
18
owed
by
a
governmental
entity
to
a
person
accessing
IowAccess
19
in
order
to
satisfy
a
liability
of
the
governmental
entity.
20
The
moneys
may
include
the
payment
of
tax
refunds,
and
the
21
disbursement
of
support
payments
as
defined
in
section
252D.16
22
or
598.1
as
required
for
orders
issued
pursuant
to
section
23
252B.14.
24
3.
In
addition
to
other
forms
of
payment,
credit
cards
shall
25
be
accepted
in
payment
for
moneys
owed
to
or
fees
imposed
by
a
26
governmental
entity
in
the
same
manner
as
provided
in
section
27
8B.15.
28
Sec.
26.
NEW
SECTION
.
8B.33
IowAccess
revolving
fund.
29
1.
An
IowAccess
revolving
fund
is
created
in
the
state
30
treasury.
The
revolving
fund
shall
be
administered
by
the
31
office
and
shall
consist
of
moneys
collected
by
the
office
as
32
fees,
moneys
appropriated
by
the
general
assembly,
and
any
33
other
moneys
obtained
or
accepted
by
the
office
for
deposit
in
34
the
revolving
fund.
The
proceeds
of
the
revolving
fund
are
35
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appropriated
to
and
shall
be
used
by
the
office
to
maintain,
1
develop,
operate,
and
expand
IowAccess
consistent
with
this
2
chapter,
and
for
the
support
of
activities
of
the
technology
3
advisory
council
pursuant
to
section
8B.8.
4
2.
The
office
shall
submit
an
annual
report
not
later
than
5
January
31
to
the
members
of
the
general
assembly
and
the
6
legislative
services
agency
of
the
activities
funded
by
and
7
expenditures
made
from
the
revolving
fund
during
the
preceding
8
fiscal
year.
Section
8.33
does
not
apply
to
any
moneys
in
the
9
revolving
fund,
and,
notwithstanding
section
12C.7,
subsection
10
2,
earnings
or
interest
on
moneys
deposited
in
the
revolving
11
fund
shall
be
credited
to
the
revolving
fund.
12
Sec.
27.
Section
8D.4,
Code
2013,
is
amended
to
read
as
13
follows:
14
8D.4
Executive
director
appointed.
15
The
commission,
in
consultation
with
the
director
of
16
the
department
of
administrative
services
and
the
chief
17
information
officer
,
shall
appoint
an
executive
director
of
18
the
commission,
subject
to
confirmation
by
the
senate.
Such
19
individual
shall
not
serve
as
a
member
of
the
commission.
20
The
executive
director
shall
serve
at
the
pleasure
of
the
21
commission.
The
executive
director
shall
be
selected
primarily
22
for
administrative
ability
and
knowledge
in
the
field,
without
23
regard
to
political
affiliation.
The
governor
shall
establish
24
the
salary
of
the
executive
director
within
range
nine
as
25
established
by
the
general
assembly.
The
salary
and
support
of
26
the
executive
director
shall
be
paid
from
funds
deposited
in
27
the
Iowa
communications
network
fund.
28
Sec.
28.
Section
12C.1,
subsection
2,
paragraph
e,
29
subparagraph
(6),
Code
2013,
is
amended
to
read
as
follows:
30
(6)
Moneys
placed
in
a
depository
for
the
purpose
of
31
completing
an
electronic
financial
transaction
pursuant
to
32
section
8A.222
8B.32
or
331.427
.
33
Sec.
29.
Section
12C.4,
Code
2013,
is
amended
to
read
as
34
follows:
35
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H.F.
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12C.4
Location
of
depositories.
1
Deposits
by
the
treasurer
of
state
shall
be
in
depositories
2
located
in
this
state;
by
a
county
officer
or
county
public
3
hospital
officer
or
merged
area
hospital
officer,
in
4
depositories
located
in
the
county
or
in
an
adjoining
county
5
within
this
state;
by
a
memorial
hospital
treasurer,
in
a
6
depository
located
within
this
state
which
shall
be
selected
7
by
the
memorial
hospital
treasurer
and
approved
by
the
8
memorial
hospital
commission;
by
a
city
treasurer
or
other
9
city
financial
officer,
in
depositories
located
in
the
county
10
in
which
the
city
is
located
or
in
an
adjoining
county,
but
11
if
there
is
no
depository
in
the
county
in
which
the
city
is
12
located
or
in
an
adjoining
county
then
in
any
other
depository
13
located
in
this
state
which
shall
be
selected
as
a
depository
14
by
the
city
council;
by
a
school
treasurer
or
by
a
school
15
secretary
in
a
depository
within
this
state
which
shall
be
16
selected
by
the
board
of
directors
or
the
trustees
of
the
17
school
district;
by
a
township
clerk
in
a
depository
located
18
within
this
state
which
shall
be
selected
by
the
township
19
clerk
and
approved
by
the
trustees
of
the
township.
However,
20
deposits
may
be
made
in
depositories
outside
of
Iowa
for
the
21
purpose
of
paying
principal
and
interest
on
bonded
indebtedness
22
of
any
municipality
when
the
deposit
is
made
not
more
than
ten
23
days
before
the
date
the
principal
or
interest
becomes
due.
24
Further,
the
treasurer
of
state
may
maintain
an
account
or
25
accounts
outside
the
state
of
Iowa
for
the
purpose
of
providing
26
custodial
services
for
the
state
and
state
retirement
fund
27
accounts.
Deposits
made
for
the
purpose
of
completing
an
28
electronic
financial
transaction
pursuant
to
section
8A.222
29
8B.32
or
331.427
may
be
made
in
any
depository
located
in
this
30
state.
31
Sec.
30.
Section
23A.2,
subsection
10,
paragraph
o,
Code
32
2013,
is
amended
to
read
as
follows:
33
o.
The
performance
of
an
activity
authorized
pursuant
to
34
section
8A.202
8B.21
,
subsection
2
1
,
paragraph
“j”
“m”
.
35
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_____
H.F.
_____
Sec.
31.
Section
262.9B,
subsection
3,
paragraph
a,
Code
1
2013,
is
amended
to
read
as
follows:
2
a.
The
board
shall
direct
institutions
under
its
control
3
to
cooperate
with
the
chief
information
officer
of
the
state
4
in
efforts
to
cooperatively
obtain
information
technology
5
and
related
services
that
result
in
mutual
cost
savings
6
and
efficiency
improvements,
and
shall
seek
input
from
the
7
department
of
administrative
services
and
the
chief
information
8
officer
of
the
state
regarding
specific
areas
of
potential
9
cooperation
between
the
institutions
under
the
control
of
the
10
board
and
the
department
of
administrative
services
office
of
11
the
chief
information
officer
.
12
Sec.
32.
REPEAL.
Sections
8A.201,
8A.201A,
8A.202,
8A.203,
13
8A.204,
8A.205,
8A.206,
8A.207,
8A.221,
8A.222,
and
8A.224,
14
Code
2013,
are
repealed.
15
Sec.
33.
ADMINISTRATIVE
RULES
——
TRANSITION
16
PROVISIONS.
Any
rule,
regulation,
form,
order,
or
directive
17
promulgated
by
the
department
of
administrative
services
as
18
it
relates
to
information
technology
and
in
effect
on
the
19
effective
date
of
this
Act
shall
continue
in
full
force
and
20
effect
until
amended,
repealed,
or
supplemented
by
affirmative
21
action
of
the
office
of
the
chief
information
officer
as
22
established
in
this
Act.
23
Sec.
34.
MISCELLANEOUS
TRANSITION
PROVISIONS.
24
1.
Any
personnel
in
the
state
merit
system
of
employment
25
who
are
mandatorily
transferred
due
to
the
effect
of
this
Act
26
shall
be
so
transferred
without
any
loss
in
salary,
benefits,
27
or
accrued
years
of
service.
28
2.
Any
funds
in
any
account
or
fund
of
the
department
of
29
administrative
services
as
it
relates
to
information
technology
30
shall
be
transferred
to
the
comparable
fund
or
account
as
31
established
and
provided
by
this
Act.
32
3.
Any
cause
of
action
or
statute
of
limitation
relating
to
33
the
information
technology
duties
provided
by
the
department
34
of
administrative
services
that
are
transferred
to
the
office
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of
the
chief
information
officer
as
provided
by
this
Act
shall
1
not
be
affected
as
a
result
of
the
transfer
and
such
cause
or
2
statute
of
limitation
shall
apply
to
the
successor
office.
3
EXPLANATION
4
This
bill
transfers
the
information
technology
functions
and
5
chief
information
officer
of
the
department
of
administrative
6
services
(DAS)
to
a
new
independent
office
of
the
chief
7
information
officer
within
the
department
of
management.
8
Code
section
8.6(17),
concerning
the
funding
of
services
9
provided
by
DAS,
is
amended
to
provide
that
the
department
10
of
management
will
also
perform
these
functions
for
the
new
11
office.
12
Code
section
8A.101,
the
definitions
provision
for
DAS,
is
13
amended
to
provide
that
the
definitions
also
apply
to
the
Code
14
chapter
creating
the
new
office.
15
Code
section
8A.104,
describing
the
powers
and
duties
of
the
16
director
of
DAS,
is
amended
to
provide
that
the
director
shall
17
provide
assistance
and
administrative
support
services
to
the
18
new
office
as
necessary.
19
New
Code
chapter
8B
establishes
the
office
of
the
chief
20
information
officer
directed
by
the
chief
information
officer
21
of
the
state.
22
The
new
Code
chapter
includes
provisions
of
Code
chapter
23
8A
that
apply
generally
to
DAS
to
include
provisions
in
Code
24
chapter
8A
on
prohibited
interests,
acceptance
of
funds,
25
federal
funds,
services
to
governmental
entities
and
nonprofit
26
organizations,
internal
service
funds,
additional
personnel,
27
billing,
debts,
and
liabilities.
28
Concerning
information
technology,
the
provisions
in
29
Code
chapter
8A,
subchapter
II,
providing
for,
in
part,
the
30
appointment
of
a
chief
information
officer
and
the
information
31
technology
duties
and
services
provided
by
DAS,
are
moved
to
32
new
Code
chapter
8B.
33
In
addition,
the
powers
and
duties
of
the
chief
information
34
officer,
currently
described
in
Code
section
8A.203
and
moved
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to
new
Code
section
8B.4
in
the
bill,
are
expanded
from
current
1
law
to
give
the
chief
information
officer
the
authority
to
2
adopt
rules,
prepare
a
budget,
adopt
rules
regarding
the
3
approval
of
information
technology
budgets
of
other
agencies,
4
and
administer
all
accounting,
billing,
and
collection
5
functions
required
by
DAS.
6
New
Code
section
8B.21,
concerning
information
technology
7
services
currently
described
in
Code
section
8A.202,
also
8
includes
new
provisions
directing
the
new
office
to
establish
9
an
enterprise
strategic
and
project
management
function
for
10
oversight
of
all
information
technology-related
projects
and
11
resources
of
participating
agencies
and
requiring
that
security
12
policies
and
systems
developed
by
the
new
office
be
consistent
13
with
the
state’s
data
transparency
efforts.
14
The
bill
also
includes
transition
provisions
governing
15
administrative
rules,
personnel
moved
from
DAS
to
the
new
16
office,
transfer
of
funds
to
the
new
office,
and
information
17
technology-related
causes
of
action.
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