General Assembly: 81 (2005 Regular GA) - Chapter 90 - Technology governance board


Published: 2005-04-29

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255 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 90

CH. 90CH. 90

CHAPTER 90

TECHNOLOGY GOVERNANCE BOARD

H.F. 839

ANACT providing for the establishment of a technology governance board within the depart- ment of administrative services, and making an appropriation.

Be It Enacted by the General Assembly of the State of Iowa:

Section1. Section8A.201, subsection2,Code2005, is amendedby striking the subsection.1

Sec. 2. Section 8A.201, Code 2005, is amended by adding the following new subsection: NEW SUBSECTION. 5A. “Technology governance board” means the board established in

section 8A.204.2

Sec. 3. Section 8A.204, Code 2005, is amended by striking the section and inserting in lieu thereof the following: 8A.204 TECHNOLOGYGOVERNANCEBOARD—MEMBERS—POWERSANDDUTIES. 1. DEFINITIONS. For purposes of this section, unless the context otherwise requires: a. “Agency” means a participating agency as defined in section 8A.201. In addition, the following definitions shall also apply: (1) “Large agency” means a state agency with more than seven hundred full-time, year-

round employees. (2) “Medium-sized agency” means a state agency with at least seventy or more full-time,

year-round employees, but not more than seven hundred permanent employees. (3) “Small agency” means a state agency with less than seventy full-time, year-round em-

ployees. b. “Board” means the technology governance board. c. “Department” means the department of administrative services, including the informa-

tion technology enterprise. 2. MEMBERSHIP. a. The technology governance board is composed of ten members as follows: (1) The director. (2) The director of the department of management, or the director’s designee. (3) Eight members appointed by the governor as follows: (a) Three representatives from large agencies. (b) Two representatives from medium-sized agencies. (c) One representative from a small agency. (d) Two public members who are knowledgeable and have experience in information tech-

nology matters. b. (1) Members appointed pursuant to paragraph “a”, subparagraph (3), shall serve two-

year staggered terms. The department shall provide, by rule, for the commencement of the term of membership for the nonpublic members. The terms of the public members shall be staggered at the discretion of the governor. (2) Sections 69.16, 69.16A, and 69.19 shall apply to the public members of the board. (3) Public members appointed by the governor are subject to senate confirmation. (4) Public members appointed by the governor may be eligible to receive compensation as

provided in section 7E.6. (5) Members shall be reimbursed for actual and necessary expenses incurred in perfor-

mance of the members’ duties. (6) A director, deputy director, or chief financial officer of an agency is preferred as an ap-

pointed representative for each of the agency categories of membership pursuant to para- graph “a”, subparagraph (3). c. The director shall serve as the permanent chair of the board.

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1 See chapter 179, §142 herein 2 See chapter 179, §142 herein

256LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 90

d. The technology governance board annually shall elect a vice chair from among themem- bers of the board, by majority vote, to serve a one-year term. e. A majority of the members of the board shall constitute a quorum. f. Meetings of the board shall be held at the call of the chairperson or at the request of three

members. 3. POWERSANDDUTIESOF THEBOARD. The powers and duties of the technology gov-

ernanceboard as they relate to information technology services shall include, but are not limit- ed to, all of the following: a. Onanannual basis, prepare a report to thegovernor, thedepartment ofmanagement, and

the general assembly regarding the total spending on technology for the previous fiscal year, the total amount appropriated for the current fiscal year, and an estimate of the amount to be requested for the succeeding fiscal year for all agencies. The report shall include a five-year projection of technology cost savings, an accounting of the level of technology cost savings for the current fiscal year, and a comparison of the level of technology cost savings for the current fiscal year with that of the previous fiscal year. This report shall be filed as soon as possible after the close of a fiscal year, and by no later than the secondMonday of January of each year. b. Workwith the department of management and the state accounting enterprise of the de-

partment, pursuant to section 8A.502, tomaintain the relevancy of the central budget and pro- prietary control accounts of the general fund of the state and special funds to information tech- nology, as those terms are defined in section 8.2, of state government. c. Develop and approve administrative rules governing the activities of the board. The de-

partment shall assist in development of the rules and shall adopt the rules under the depart- ment’s name. d. In conjunction with the department, develop and adopt information technology stan-

dards pursuant to section 8A.206 applicable to all agencies. e. Make recommendations to the department regarding all of the following: (1) Technology utility services to be implemented by the department or other agencies. (2) Improvements to information technology service levels and modifications to the busi-

ness continuity plan for information technology operations developed by the department pur- suant to section 8A.202 for agencies, and tomaximize the value of information technology in- vestments by the state. (3) Technology initiatives for the executive branch. f. Review the recommendations of the IowAccess advisory council regarding rates to be

charged for access to and for value-added services performed through IowAccess, pursuant to section 8A.221. The board shall report the establishment of a new rate of change in the level of an existing rate to the department, which shall notify the department of management and the legislative services agency regarding the rate establishment or change. g. Designate advisory groups as appropriate to assist the board in all of the following: (1) Development and adoption of an executive branch strategic technology plan. (2) Annual review of technology operating expenses and capital investment budgets of

agencies by October 1 for the following fiscal year, and development of technology costs sav- ings projections, accountings, and comparisons. (3) Quarterly review of requested modifications to budgets of agencies due to funding

changes. (4) Review and approval of all requests for proposals prior to issuance for all information

technologydevices, hardware acquisition, information technology services, softwaredevelop- ment projects, and information technology outsourcing for agencies that exceed the greater of a total cost of fifty thousanddollars or a total involvement of sevenhundred fifty agency staff hours. (5) Development of a plan and process to improve service levels and continuity of business

operations, and to maximize the value of information technology investments. (6) Formation of internal teams to address cost-savings initiatives, including consolidation

of information technology and related functions among agencies, as enacted by the technolo- gy governance board. (7) Development of information technology standards. (8) Development of rules, processes, and procedures for implementation of aggregate pur-

chasing among agencies.

257 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 90

4. FUNDING. Activities of the technology governance board shall be funded by the infor- mation technology enterprise of the department, through the IowAccess revolving fund creat- ed in section 8A.224, notwithstanding contrary provisions of any other law. 5. RULES. The department shall adopt rules as necessary to administer this section, which

shall at a minimum, consistent with section 8A.221, establish a process for the submission to the board of proposed fees for value-added services by participating agencies and other gov- ernmental entities, aswell as the board’s submission of recommendations regarding such fees to the department of management.3

Sec. 4. Section 8A.206, subsection 1, Code 2005, is amended to read as follows: 1. The department shall develop, in consultation with the information technology council

technology governance board, recommended standards for consideration with respect to the procurement of information technologyby all participatingagencies. It is the intent of thegen- eral assembly that information technology standards be established for the purpose of guiding such procurements. Such standards, unlesswaived by the department, shall apply to all infor- mation technology procurements for participating agencies.4

Sec. 5. Section 8A.221, subsection 2, paragraph a, subparagraph (1), Code 2005, is amended to read as follows: (1) Recommend to the information technology council technology governance board rates

to be charged for access to and for value-added services performed through IowAccess.5

Sec. 6. Section 8A.224, Code 2005, is amended to read as follows: 8A.224 IOWACCESS REVOLVING FUND. 1. An IowAccess revolving fund is created in the state treasury. The revolving fund shall be

administered by the department and shall consist of moneys collected by the department as fees,moneys appropriated by the general assembly, and any othermoneys obtained or accept- ed by the department for deposit in the revolving fund. The proceeds of the revolving fund are appropriated toand shall beusedby thedepartment tomaintain, develop, operate, andexpand IowAccess consistent with this subchapter, and for the support of activities of the technology governance board pursuant to section 8A.204. 2. The department shall submit an annual report not later than January 31 to the members

of the general assembly and the legislative services agency of the activities funded by and ex- penditures made from the revolving fund during the preceding fiscal year. Section 8.33 does not apply to anymoneys in the revolving fund and, notwithstanding section 12C.7, subsection 2, earnings or interest on moneys deposited in the revolving fund shall be credited to the re- volving fund.6

Sec. 7. TECHNOLOGY GOVERNANCE BOARD FUNDING. Of the funds appropriated pursuant to section 8A.224, an amount not to exceed two hundred fifty thousand dollars may be used by the department of administrative services during the fiscal year beginning July 1, 2005, and ending June 30, 2006, for the support of activities of the technology governance board pursuant to section 8A.204.7

Sec. 8. TECHNOLOGY GOVERNANCE BOARD— TRANSITION — INITIAL TERMS OF MEMBERSHIP. 1. The information technology council established by section 8A.204, Code 2005, is dis-

solved. 2. The former public members of the information technology council appointed by the gov-

ernor may be appointed to the technology governance board created by section 8A.204 to fill the public member positions on that board. The governor may designate the initial length of

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3 See chapter 179, §142 herein 4 See chapter 179, §142 herein 5 See chapter 179, §142 herein 6 See chapter 179, §142 herein 7 See chapter 179, §142 herein

258LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 90

terms of such members to provide for staggering of terms of representation, pursuant to sec- tion 8A.204. 3. Notwithstanding section 8A.204, one-half of the initial terms of membership for agency

representatives to the technology governance board shall be two years, and one-half shall be one year, as designated by the governor, to initiate the staggering ofmember terms under sec- tion 8A.204. 4. Notwithstanding section 8A.204, subsection 2, paragraph “f”, the technology governance

board shall meet no less than monthly for the one-year period following the appointment of all members.8

Approved April 29, 2005

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CH. 91CH. 91

CHAPTER 91

HEALTH INSURANCE — BIOLOGICALLY BASED MENTAL ILLNESSES

H.F. 420

AN ACT relating to third-party payment of health care coverage costs for biologically based mental illness treatment services.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 514C.22 BIOLOGICALLY BASED MENTAL ILLNESS COV- ERAGE. 1. Notwithstanding the uniformity of treatment requirements of section 514C.6, a group

policy, contract, or plan providing for third-party payment or prepayment of health, medical, and surgical coverage benefits issued by a carrier, as defined in section 513B.2, or by an orga- nized delivery system authorized under 1993 Iowa Acts, chapter 158, shall provide coverage benefits for treatment of a biologically based mental illness if either of the following is satis- fied: a. The policy, contract, or plan is issued to an employer who on at least fifty percent of the

employer’s working days during the preceding calendar year employed more than fifty full- time equivalent employees. In determining the number of full-time equivalent employees of an employer, employers who are affiliated or who are able to file a consolidated tax return for purposes of state taxation shall be considered one employer. b. The policy, contract, or plan is issued to a small employer as defined in section 513B.2,

and such policy, contract, or plan provides coverage benefits for the treatment of mental ill- ness. 2. Notwithstanding the uniformity of treatment requirements of section 514C.6, a plan es-

tablished pursuant to chapter 509A for public employees shall provide coverage benefits for treatment of a biologically based mental illness. 3. For purposes of this section, “biologically basedmental illness”means the following psy-

chiatric illnesses: a. Schizophrenia. b. Bipolar disorders. c. Major depressive disorders. d. Schizo-affective disorders. e. Obsessive-compulsive disorders.

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8 See chapter 179, §142 herein