Read the full stored bill text
House
File
2499
-
Introduced
HOUSE
FILE
2499
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
584)
A
BILL
FOR
An
Act
relating
to
matters
under
the
purview
of
the
1
department
of
management,
and
including
effective
date
and
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5269HV
(2)
91
sc/ns
H.F.
2499
Section
1.
Section
8.57C,
subsections
2,
3,
and
4,
Code
1
2026,
are
amended
to
read
as
follows:
2
2.
Moneys
in
the
fund
in
a
fiscal
year
shall
be
used
as
3
appropriated
by
the
general
assembly
for
the
acquisition
4
of
computer
hardware
and
software,
software
development,
5
telecommunications
equipment,
and
maintenance
and
lease
6
agreements
associated
with
technology
components
and
for
the
7
purchase
of
equipment
intended
to
provide
an
uninterruptible
8
power
supply
to
the
department
of
management
to
provide
9
a
stable
funding
source
for
implementation
costs
of
state
10
information
technology
projects
that
enhance
the
state’s
11
technology
infrastructure,
improve
government
services,
12
and
promote
innovation
and
economic
development,
including
13
but
not
limited
to
new
information
technology
projects
14
and
infrastructure
replacement
efforts
of
a
department
or
15
establishment,
while
protecting
the
privacy
of
residents
of
16
this
state
.
17
3.
a.
There
is
appropriated
from
the
general
fund
of
the
18
state
to
the
technology
reinvestment
fund
for
the
fiscal
year
19
beginning
July
1,
2026,
and
for
each
fiscal
year
thereafter,
20
the
sum
of
seventeen
million
five
hundred
thousand
dollars.
21
b.
There
is
appropriated
from
the
rebuild
Iowa
22
infrastructure
fund
for
the
fiscal
year
beginning
July
1,
2025,
23
and
ending
June
30,
2026,
the
sum
of
eighteen
million
two
24
hundred
sixty-nine
thousand
two
hundred
seventeen
dollars
to
25
the
technology
reinvestment
fund,
notwithstanding
section
8.57,
26
subsection
3
,
paragraph
“c”
.
27
3.
a.
The
department
of
management
shall
prioritize
28
proposed
projects
based
on
all
of
the
following
considerations:
29
(1)
Whether
the
project
aligns
with
the
state’s
strategic
30
priorities.
31
(2)
Whether
the
project
promotes
or
introduces
new
32
technology
or
significantly
improves
an
existing
system.
33
(3)
Whether
the
project
is
feasible
and
whether
the
34
department
or
establishment
has
established
readiness
for
the
35
-1-
LSB
5269HV
(2)
91
sc/ns
1/
15
H.F.
2499
project
to
proceed,
including
a
clear
assessment
of
timelines,
1
budgets,
and
measurable
outcomes.
2
(4)
Whether
the
project
includes
a
clear
change
management
3
strategy
to
support
user
adoption
and
aligns
with
lean
4
enterprise
principles
to
maximize
value,
minimize
waste,
and
5
ensure
continuous
improvement.
6
(5)
Whether
the
project
provides
a
positive
return
on
7
investment,
considering
both
financial
returns
and
nonfinancial
8
benefits
such
as
improved
public
safety,
education,
or
health
9
care.
10
(6)
Whether
the
project
results
in
infrastructure
that
is
11
scalable
across
the
state
enterprise.
12
(7)
Whether
the
department
or
establishment
has
identified
13
how
the
completed
project
will
be
sustained
beyond
the
initial
14
funding
period.
15
(8)
Whether
the
project
improves
access
to
governmental
16
services,
particularly
in
rural
communities.
17
(9)
Whether
the
project
involves
an
infrastructure
project
18
as
opposed
to
maintenance
or
standard
upgrades
of
existing
19
technology.
20
b.
The
department
of
management
shall
provide
a
prioritized
21
list
of
proposed
projects
for
funding
to
the
governor,
who
22
shall
use
the
list
in
developing
a
budgetary
recommendation
23
for
the
general
assembly
pursuant
to
section
8.21
for
the
24
fiscal
year
beginning
July
1,
2027,
and
for
each
fiscal
year
25
thereafter.
26
c.
Notwithstanding
section
8.33,
moneys
in
the
technology
27
reinvestment
fund
that
remain
unencumbered
or
unobligated
at
28
the
close
of
a
fiscal
year
shall
not
revert
but
shall
remain
29
available
for
expenditure
for
the
purposes
designated
until
30
the
close
of
the
fiscal
year
that
ends
two
years
after
the
31
end
of
the
fiscal
year
for
which
the
appropriation
was
made.
32
Notwithstanding
section
12C.7,
subsection
2,
interest
or
33
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
34
4.
Annually,
on
On
or
before
January
15
of
each
year,
a
35
-2-
LSB
5269HV
(2)
91
sc/ns
2/
15
H.F.
2499
state
agency
that
received
an
appropriation
from
this
fund
1
the
department
of
management
shall
report
to
the
legislative
2
services
agency
and
the
department
of
management
general
3
assembly
the
status
of
all
projects
funded
under
this
section
4
that
have
been
completed
since
the
previous
report
was
5
submitted
or
that
are
in
progress.
The
report
shall
must
6
include
a
description
of
the
project,
the
progress
of
work
7
completed,
the
total
estimated
cost
of
the
project,
a
list
of
8
all
revenue
sources
being
used
to
fund
the
project,
the
amount
9
of
funds
moneys
expended,
the
amount
of
funds
moneys
obligated,
10
and
the
date
the
project
was
completed
or
an
estimated
11
completion
date
of
the
project,
where
applicable.
12
Sec.
2.
Section
8.78,
Code
2026,
is
amended
to
read
as
13
follows:
14
8.78
Background
checks.
15
An
applicant
for
employment
with
the
department,
or
16
an
applicant
for
employment
with
a
supported
entity
for
a
17
position
as
information
technology
staff,
may
be
subject
to
a
18
background
investigation
by
the
department.
The
background
19
investigation
may
include,
without
limitation,
a
work
history,
20
financial
review,
request
for
criminal
history
data,
and
21
national
criminal
history
check
through
the
federal
bureau
of
22
investigation.
In
addition,
a
contractor,
vendor,
employee,
or
23
any
other
individual
performing
work
for
the
department,
or
an
24
individual
on
the
information
technology
staff
of
a
supported
25
entity,
may
be
subject
to
a
national
criminal
history
check
26
through
the
federal
bureau
of
investigation
at
least
once
27
every
ten
five
years,
including,
without
limitation,
any
time
28
the
department
or
supported
entity
has
reason
to
believe
an
29
individual
has
been
convicted
of
a
crime.
The
department
may
30
request
the
national
criminal
history
check
and,
if
requested,
31
shall
provide
the
individual’s
fingerprints
to
the
department
32
of
public
safety
for
submission
through
the
state
criminal
33
history
repository
to
the
federal
bureau
of
investigation.
34
The
individual
shall
authorize
release
of
the
results
of
the
35
-3-
LSB
5269HV
(2)
91
sc/ns
3/
15
H.F.
2499
national
criminal
history
check
to
the
department
and
the
1
applicable
supported
entity.
The
department
shall
pay
the
2
actual
cost
of
the
fingerprinting
and
national
criminal
history
3
check,
if
any,
unless
otherwise
agreed
as
part
of
a
contract
4
between
the
department
or
supported
entity
and
a
vendor
or
5
contractor
performing
work
for
the
department
or
supported
6
entity.
The
results
of
a
criminal
history
check
conducted
7
pursuant
to
this
section
shall
not
be
considered
a
public
8
record
under
chapter
22
.
9
Sec.
3.
NEW
SECTION
.
8.94
Contracts
——
prohibited
terms.
10
Provisions
included
in
a
contract
entered
into
pursuant
to
11
this
subchapter
that
impose
terms
or
conditions
prohibited
by
12
this
section
are
void
as
contrary
to
public
policy.
Such
a
13
contract
shall
be
interpreted
and
enforced
as
if
the
contract
14
did
not
include
the
prohibited
terms
or
conditions.
Prohibited
15
terms
and
conditions
include
all
of
the
following:
16
1.
A
provision
requiring
the
department
or
a
supported
17
entity
to
defend,
indemnify,
hold
harmless
another
person,
or
18
otherwise
assume
the
debt
or
liability
of
another
person
in
19
violation
of
Article
VII,
section
1,
of
the
Constitution
of
the
20
State
of
Iowa.
21
2.
A
provision
that
seeks
to
impose
a
term
that
is
unknown
22
to
the
department
or
supported
entity
at
the
time
of
signing
23
the
contract
or
that
can
be
unilaterally
changed
by
an
entity
24
other
than
the
department
or
a
supported
entity.
25
3.
A
provision
that
violates
chapter
13
by
not
allowing
26
the
department
or
a
supported
entity
to
participate
in
its
own
27
defense
through
representation
by
the
attorney
general.
28
4.
A
provision
that
grants
to
a
person
other
than
the
29
attorney
general
the
authority
to
convey
to
a
court
or
litigant
30
the
state’s
consent
to
any
settlement
of
a
suit
involving
the
31
contract
when
such
settlement
could
impose
liability
on
the
32
state.
33
5.
A
provision
that
specifies
that
the
contract
is
governed
34
by
the
laws
of
a
foreign
state
or
nation.
35
-4-
LSB
5269HV
(2)
91
sc/ns
4/
15
H.F.
2499
6.
A
provision
that
claims
blanket
confidentiality
of
the
1
contract’s
terms.
2
7.
A
provision
that
claims
that
payment
terms,
including
but
3
not
limited
to
cost
proposals
or
other
pricing
information,
of
4
the
contract
are
confidential.
5
8.
A
provision
that
authorizes
or
requires
a
venue
for
6
litigation
other
than
an
appropriate
state
or
federal
court
7
sitting
in
Iowa.
8
9.
A
provision
that
requires
the
department
or
a
supported
9
entity
to
pay
attorney
fees,
court
costs,
or
other
litigation
10
expenses
in
the
event
of
a
contractual
dispute.
11
10.
A
provision
that
imposes
on
the
department
or
a
12
supported
entity
binding
arbitration
or
any
other
binding
13
extrajudicial
dispute
resolution
process
in
which
the
final
14
resolution
is
not
determined
by
the
state.
15
11.
A
provision
that
waives
the
department’s
or
a
supported
16
entity’s
right
to
a
jury
trial.
17
12.
A
provision
that
obligates
the
department
or
a
supported
18
entity
to
pay
late
payment
charges
not
consistent
with
section
19
8A.514,
interest
greater
than
allowed
under
section
8A.514
or
20
other
applicable
law,
or
any
cancellation
charges,
as
such
21
charges
constitute
pledges
of
the
state’s
credit.
22
13.
A
provision
that
obligates
the
department
or
a
supported
23
entity
to
pay
a
tax.
24
14.
A
provision
that
imposes
a
prior
notice
obligation
25
on
the
department
or
a
supported
entity
as
a
condition
for
26
the
automatic
renewal
of
a
software
license.
The
department
27
or
a
supported
entity
may
provide
notice
of
its
intent
to
28
terminate
a
software
license
at
any
time
before
the
renewal
29
date
established
in
the
contract.
30
15.
A
provision
that
obligates
the
department
or
a
supported
31
entity
to
accept
risk
of
loss
before
the
receipt
of
items
or
32
goods.
33
16.
A
provision
that
obligates
the
department
or
a
supported
34
entity
to
have
commercial
insurance.
35
-5-
LSB
5269HV
(2)
91
sc/ns
5/
15
H.F.
2499
17.
A
provision
that
obligates
the
department
or
a
supported
1
entity
to
grant
to
a
nongovernmental
entity
full
or
partial
2
ownership
of
intellectual
property
developed
pursuant
to
the
3
contract
when
the
intellectual
property
is
developed
in
whole
4
or
in
part
using
federal
funding.
5
18.
A
provision
that
limits
the
time
in
which
the
department
6
or
a
supported
entity
may
bring
a
legal
claim
under
the
7
contract
to
a
period
shorter
than
that
provided
in
Iowa
law.
8
19.
A
boilerplate
provision
included
in
transactional
9
documents
received
by
the
department
or
a
supported
entity
that
10
seeks
to
alter
the
terms
of
the
contract
or
to
impose
new
terms
11
in
the
contract.
12
Sec.
4.
NEW
SECTION
.
8.95
Contracts
——
required
terms.
13
All
of
the
following
provisions
shall
be
deemed
to
be
14
included
in
a
contract
entered
into
by
the
department
or
a
15
supported
entity
under
this
subchapter:
16
1.
Governing
law.
The
contract
shall
be
governed
by
17
the
laws
of
the
state
of
Iowa,
without
giving
effect
to
any
18
conflicts
of
law
principles
of
Iowa
law
that
may
require
the
19
application
of
another
jurisdiction’s
law.
20
2.
Venue.
Any
litigation
commenced
in
connection
with
the
21
contract
shall
be
brought
and
maintained
in
an
appropriate
22
state
or
federal
court
sitting
in
Iowa.
23
3.
State
data.
“State
data”
means
all
data,
records,
24
information,
or
content,
in
any
form,
that
is
provided
by
a
25
state
governmental
entity
to
a
vendor
or
that
is
collected,
26
generated,
or
otherwise
obtained
by
the
vendor
in
the
course
of
27
providing
a
good
or
service
to
the
state
governmental
entity.
28
“State
data”
does
not
include
aggregated
or
deidentified
data
29
collected
by
the
vendor
and
used
exclusively
for
the
vendor’s
30
internal
purposes
directly
related
to
evaluating
or
improving
31
system
performance,
ensuring
reliability,
evaluating
product
32
functionality,
conducting
system
analytics,
projecting
needs
33
through
capacity
planning,
ensuring
license
compliance,
or
34
evaluating
security.
State
data
shall
at
all
times
remain
the
35
-6-
LSB
5269HV
(2)
91
sc/ns
6/
15
H.F.
2499
sole
and
exclusive
property
of
the
state,
and
the
vendor
shall
1
use
state
data
only
as
necessary
to
provide
the
contracted
2
services
to
the
state.
Upon
request,
the
vendor
shall
provide
3
the
state,
at
no
cost,
a
current
copy
of
all
state
data
in
a
4
commercially
reasonable
and
state-acceptable
digital
format
5
that
enables
the
state
to
readily
use,
transfer,
or
migrate
6
the
state
data.
Except
to
the
extent
retention
of
state
data
7
is
required
by
law,
grant,
or
other
governmental
requirement,
8
the
vendor
shall,
after
confirming
that
the
state
has
received
9
a
copy
of
the
state
data,
permanently
delete
all
state
data
10
within
a
commercially
reasonable
period
of
time
after
the
11
conclusion
or
termination
of
the
contract.
At
all
times,
12
including
any
post-contract
period
in
which
state
data
is
13
retained
due
to
record
retention
obligations,
the
vendor
shall
14
protect
state
data
in
accordance
with
current
state
data
15
protection
policies.
16
Sec.
5.
NEW
SECTION
.
8.96
Contracts
——
limitation
of
17
liability
——
prohibited
terms.
18
Notwithstanding
section
8A.311,
subsection
22,
and
rules
19
adopted
pursuant
to
that
subsection,
the
director
may
include
20
a
contractual
limitation
of
vendor
liability
in
information
21
technology
goods
and
services
contracts.
A
contractual
22
limitation
of
vendor
liability
must
take
into
consideration
the
23
public
interest
and
the
mitigation
of
risks
associated
with
the
24
use
of
information
technology
goods
or
services.
Any
portion
25
of
a
contractual
limitation
of
vendor
liability
that
includes
26
a
repudiation
of
all
liability
for
cybersecurity
incidents
or
27
a
limitation
on
the
vendor’s
liability
for
intentional
torts,
28
criminal
acts,
fraudulent
conduct,
intentional
or
willful
29
misconduct,
gross
negligence,
death,
bodily
injury,
damage
to
30
real
or
personal
property,
intellectual
property
violations,
31
liquidated
damages,
compliance
with
applicable
laws,
violations
32
of
confidential
information
obligations,
or
contractual
33
obligations
of
the
vendor
pertaining
to
indemnification
shall
34
be
void
as
a
matter
of
law
as
contrary
to
public
policy.
A
35
-7-
LSB
5269HV
(2)
91
sc/ns
7/
15
H.F.
2499
contractual
limit
of
vendor
liability
that
does
not
apply
1
equally
to
the
contracted
parties
or
that
limits
a
vendor’s
2
liability
to
less
than
the
contract
value
inclusive
of
all
3
possible
extensions
is
void
as
a
matter
of
law
as
contrary
to
4
public
policy.
5
Sec.
6.
NEW
SECTION
.
8.97
Confidentiality
of
communications
6
with
chief
information
security
officer.
7
In
the
interest
of
facilitating
communication
between
8
the
chief
information
security
officer
and
other
entities
9
concerning
security
incidents
and
security
breaches,
all
such
10
communications
and
any
documents
generated
based
in
whole
or
in
11
part
on
such
communications
are
confidential.
Notwithstanding
12
chapter
22
or
any
other
provision
of
law
to
the
contrary,
the
13
department
shall
not
release
such
communications
pursuant
to
14
state
open
records
laws,
and
such
communications
shall
not
be
15
received
into
evidence,
subject
to
discovery,
or
otherwise
16
used
in
a
trial,
hearing,
or
other
proceeding
in
or
before
any
17
court,
regulatory
body,
or
other
authority
of
the
state
or
a
18
political
subdivision
of
the
state,
unless
the
communications
19
are
subject
to
a
protective
order
that
prohibits
further
20
disclosure
of
such
communications
and
requires
any
court
21
filings
of
such
communications
to
be
made
under
seal.
It
is
22
the
intent
of
the
general
assembly
that
these
prohibitions
and
23
restrictions
also
apply
to
federal
courts,
regulatory
bodies,
24
and
other
authorities
and
for
purposes
of
federal
open
records
25
laws,
to
the
extent
allowed
by
federal
law
and
court
rules.
26
The
chief
information
security
officer
shall
not
release
such
27
communications
other
than
for
any
of
the
following
purposes:
28
1.
Identifying
a
cybersecurity
threat,
including
the
source
29
of
the
cybersecurity
threat,
or
a
security
vulnerability,
and
30
then
only
to
government
officials
for
purposes
of
addressing
31
the
threat.
32
2.
Responding
to,
or
otherwise
preventing
or
mitigating,
33
a
specific
threat
of
death,
serious
bodily
harm,
or
serious
34
economic
harm.
35
-8-
LSB
5269HV
(2)
91
sc/ns
8/
15
H.F.
2499
3.
Responding
to,
investigating,
prosecuting,
or
otherwise
1
preventing
or
mitigating
a
serious
threat
to
a
minor,
including
2
sexual
exploitation
and
threats
to
physical
safety.
3
4.
Preventing,
investigating,
disrupting,
or
prosecuting
an
4
offense
under
state
or
federal
law.
5
5.
Providing
a
confidential
cybersecurity
briefing
to
the
6
governor
or
a
member
of
the
general
assembly.
7
Sec.
7.
NEW
SECTION
.
8.98
Criminal
justice
information.
8
1.
The
department
is
authorized
to
maintain
an
integrated
9
information
system
that
enables
automated
data
sharing
among
10
the
executive
branch,
judicial
branch,
and
local
agencies.
11
2.
The
department
is
designated
as
the
Iowa
statistical
12
analysis
center
for
the
purpose
of
coordinating
with
data
13
resource
agencies
to
provide
data
and
analytical
information
14
to
federal,
state,
and
local
governments.
Notwithstanding
any
15
other
provision
of
state
law
to
the
contrary,
unless
prohibited
16
by
federal
law
or
regulation,
the
department
shall
be
granted
17
access,
for
purposes
of
research
and
evaluation,
to
all
of
18
the
data
listed
in
this
subsection,
except
that
intelligence
19
data
and
peace
officer
investigative
reports
maintained
20
by
the
department
of
public
safety
shall
not
be
considered
21
data
for
the
purposes
of
this
section.
The
department
of
22
management
and
any
record,
data,
or
information
obtained
by
the
23
department
under
this
subsection
is
subject
to
the
federal
and
24
state
confidentiality
laws
and
rules,
including
as
described
25
in
chapter
22,
applicable
to
the
original
record,
data,
or
26
information,
and
to
the
original
custodian
of
the
record,
27
data,
or
information.
Authorized
access
under
this
subsection
28
includes
but
is
not
limited
to
all
of
the
following:
29
a.
Juvenile
court
records
and
all
other
information
30
maintained
under
sections
232.147
through
232.151.
31
b.
Child
abuse
information
under
sections
235A.15
through
32
235A.19.
33
c.
Dependent
adult
abuse
records
maintained
under
chapter
34
235B.
35
-9-
LSB
5269HV
(2)
91
sc/ns
9/
15
H.F.
2499
d.
Criminal
history
data
maintained
under
chapter
692.
1
e.
Sex
offender
registry
information
maintained
under
2
chapter
692A.
3
f.
Presentence
investigation
reports
maintained
under
4
section
901.4.
5
g.
Corrections
records
maintained
under
sections
904.601
and
6
904.602.
7
h.
Community-based
correctional
program
records
maintained
8
under
chapter
904.
9
i.
Parole
records
maintained
under
chapter
906.
10
j.
Deferred
judgment,
deferred
or
suspended
sentence,
and
11
probation
records
maintained
under
chapter
907.
12
k.
Violation
of
parole
or
probation
records
maintained
under
13
chapter
908.
14
l.
Fine
and
victim
restitution
records
maintained
under
15
chapters
909
and
910.
16
m.
Child
welfare
records
maintained
under
chapter
235.
17
3.
The
department
is
authorized
to
provide
data
analysis
and
18
reporting
on
issues
that
may
affect
the
state’s
correctional
19
population
and
various
subgroups
of
the
population.
This
20
reporting
may
include
the
review
of
filed,
public
legislative
21
bills,
joint
resolutions,
and
amendments,
and
compiling
22
criminal
justice
data
for
completion
of
correctional
impact
23
statements
under
section
2.56,
minority
impact
statements,
and
24
an
annual
prison
population
forecast.
25
4.
The
department
is
authorized
to
maintain
a
multiagency
26
information
system
to
track
the
progress
of
juveniles
and
27
adults
who
have
been
charged
with
a
criminal
offense
in
28
the
court
system
through
various
state
and
local
agencies
29
and
programs.
This
system
must
utilize
existing
databases,
30
including
the
Iowa
court
information
system,
the
Iowa
31
corrections
offender
network,
the
child
welfare
information
32
system
of
the
department
of
health
and
human
services,
33
the
federally
mandated
national
adoption
and
foster
care
34
information
system,
and
other
state
and
local
databases
35
-10-
LSB
5269HV
(2)
91
sc/ns
10/
15
H.F.
2499
pertaining
to
juveniles
and
to
adults
who
have
been
charged
1
with
a
criminal
offense
in
the
court
system,
to
the
extent
2
practicable.
3
5.
The
multiagency
information
system
is
authorized
to
4
count
and
track
decision
points
for
juveniles
in
the
juvenile
5
justice
system
and
minors
in
the
child
welfare
system,
evaluate
6
the
experiences
of
the
juveniles
and
minors,
and
evaluate
7
the
success
of
the
services
provided.
The
system
is
also
8
authorized
to
count
and
track
decision
points
for
adults
who
9
have
been
charged
with
a
criminal
offense
in
the
court
system,
10
including
but
not
limited
to
dismissed
charges,
convictions,
11
deferred
judgments,
and
sentence
information.
12
6.
If
the
department
has
insufficient
moneys
or
resources
13
to
implement
this
section,
the
department
is
authorized
to
14
determine
which
portion
of
this
section
may
be
implemented,
if
15
any,
and
the
remainder
of
this
section
shall
not
apply.
16
Sec.
8.
NEW
SECTION
.
8.99
Confidentiality
of
data.
17
1.
For
purposes
of
chapter
22,
the
department
shall
not
be
18
deemed
to
be
the
lawful
custodian
of
records
the
department
19
maintains
for
another
department
or
establishment
under
this
20
subchapter,
to
the
extent
the
records
in
question
are
held
21
by
the
department
as
an
automated
data
processing
unit
of
22
government
or
held
by
the
department
solely
for
storage
for
23
another
department
or
establishment.
Such
records
include
but
24
are
not
limited
to
all
of
the
following:
25
a.
Electronic
messaging
system
data.
26
b.
Mainframe
data.
27
c.
Storage
solutions
or
other
electronic
information,
such
28
as
on-premises
server
data
storage
and
cloud
data
storage.
29
2.
If
the
department
receives
a
request
pursuant
to
chapter
30
22
for
records
over
which
the
department
has
determined
it
is
31
not
the
lawful
custodian,
the
department
shall
deny
the
request
32
and
inform
the
requester
to
seek
the
information
from
the
33
lawful
custodian
as
provided
in
chapter
22.
The
department’s
34
determination
that
it
is
not
the
lawful
custodian
of
records
is
35
-11-
LSB
5269HV
(2)
91
sc/ns
11/
15
H.F.
2499
presumed
valid.
The
presumption
may
be
rebutted
by
clear
and
1
convincing
evidence
to
the
contrary.
2
3.
The
department
shall
provide
assistance
to
the
lawful
3
custodian
of
records
held
by
the
department
so
that
the
lawful
4
custodian
can
comply
with
the
production
obligations
of
chapter
5
22.
6
4.
If
the
department
receives
a
subpoena
in
an
7
administrative,
civil,
or
criminal
case
for
records
for
which
8
the
department
is
not
the
lawful
custodian,
the
department
9
shall
notify
the
lawful
custodian
and
the
attorney
general’s
10
office
and
cooperate
in
any
efforts
to
resist
the
subpoena.
11
Sec.
9.
Section
216A.131A,
Code
2026,
is
amended
to
read
as
12
follows:
13
216A.131A
Criminal
and
juvenile
justice
planning.
14
The
department
shall
fulfill
the
responsibilities
of
15
this
subchapter
,
including
the
duties
specified
in
sections
16
216A.133,
216A.135,
216A.136
,
216A.137
,
216A.138
,
and
216A.140
.
17
Sec.
10.
Section
216A.133,
subsection
1,
paragraphs
d,
e,
f,
18
l,
and
t,
Code
2026,
are
amended
by
striking
the
paragraphs.
19
Sec.
11.
Section
216A.133,
subsection
1,
paragraph
q,
20
subparagraphs
(1)
and
(6),
Code
2026,
are
amended
by
striking
21
the
subparagraphs.
22
Sec.
12.
Section
216A.133,
subsection
1,
paragraph
s,
Code
23
2026,
is
amended
to
read
as
follows:
24
s.
Provide
expertise
and
advice
to
the
legislative
25
services
agency,
the
department
of
management,
the
department
26
of
corrections,
the
judicial
branch,
and
others
charged
27
with
formulating
fiscal,
correctional,
or
minority
impact
28
statements.
29
Sec.
13.
Section
216A.135,
subsection
2,
paragraph
e,
Code
30
2026,
is
amended
by
striking
the
paragraph.
31
Sec.
14.
Section
232.147,
subsection
2,
paragraph
i,
Code
32
2026,
is
amended
to
read
as
follows:
33
i.
The
statistical
analysis
center
for
the
purposes
stated
34
in
section
216A.136
8.98
.
35
-12-
LSB
5269HV
(2)
91
sc/ns
12/
15
H.F.
2499
Sec.
15.
Section
232.147,
subsection
3,
paragraph
n,
Code
1
2026,
is
amended
to
read
as
follows:
2
n.
The
statistical
analysis
center
for
the
purposes
stated
3
in
section
216A.136
8.98
.
4
Sec.
16.
Section
232.147,
subsection
4,
paragraph
i,
Code
5
2026,
is
amended
to
read
as
follows:
6
i.
The
statistical
analysis
center
for
the
purposes
stated
7
in
section
216A.136
8.98
.
8
Sec.
17.
Section
232.149,
subsection
5,
paragraph
f,
Code
9
2026,
is
amended
to
read
as
follows:
10
f.
The
statistical
analysis
center
for
the
purposes
stated
11
in
section
216A.136
8.98
.
12
Sec.
18.
Section
232.149A,
subsection
3,
paragraph
m,
Code
13
2026,
is
amended
to
read
as
follows:
14
m.
The
statistical
analysis
center
for
the
purposes
stated
15
in
section
216A.136
8.98
.
16
Sec.
19.
REPEAL.
Sections
216A.136,
216A.137,
and
17
216A.138,
Code
2026,
are
repealed.
18
Sec.
20.
EFFECTIVE
DATE.
The
following
take
effect
July
1,
19
2027:
20
The
portions
of
the
section
of
this
Act
amending
section
21
8.57C,
subsections
2
and
4.
22
Sec.
21.
APPLICABILITY.
The
following
apply
to
contracts
23
entered
into
or
renewed
on
or
after
July
1,
2026:
24
1.
The
section
of
this
Act
enacting
section
8.94.
25
2.
The
section
of
this
Act
enacting
section
8.95.
26
3.
The
section
of
this
Act
enacting
section
8.96.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
matters
under
the
purview
of
the
31
department
of
management
(DOM).
32
The
bill
strikes
current
law
providing
for
the
use
of
moneys
33
in
the
technology
reinvestment
fund
for
certain
technology
34
projects
and
instead
requires
DOM
to
use
moneys
in
the
fund
for
35
-13-
LSB
5269HV
(2)
91
sc/ns
13/
15
H.F.
2499
technology
projects
using
factors
set
forth
in
the
bill.
The
1
bill
requires
DOM
to
provide
a
prioritized
list
of
proposed
2
projects
to
the
governor,
who
must
use
the
list
to
develop
3
a
budgetary
recommendation
to
the
general
assembly,
and
to
4
report
completed
and
ongoing
projects
to
the
general
assembly
5
annually.
The
bill
strikes
the
standing
appropriations
to
6
the
technology
reinvestment
fund
and
provides
that
any
moneys
7
in
the
fund
shall
remain
available
for
two
years
after
the
8
appropriation
is
made.
9
The
bill
increases
the
frequency
at
which
a
person
10
performing
work
for
DOM
or
an
individual
on
the
information
11
technology
staff
of
a
supported
entity
may
be
subject
to
a
12
national
criminal
history
check
through
the
federal
bureau
of
13
investigation
from
at
least
once
every
10
years
to
every
5
14
years.
15
The
bill
prohibits
the
inclusion
of
certain
provisions
in
16
information
technology
contracts
and
declares
those
provisions
17
void
if
present
in
such
contracts.
The
bill
also
provides
18
that
such
contracts
are
deemed
to
include
provisions
relating
19
to
state
data,
requiring
the
contract
to
be
governed
by
Iowa
20
law,
and
requiring
litigation
related
to
the
contract
to
be
21
brought
and
maintained
in
a
state
or
federal
court
sitting
22
in
Iowa.
The
bill
authorizes
the
director
of
DOM
to
include
23
limitations
of
vendor
liability
in
information
technology
goods
24
and
services
contracts,
but
sets
forth
prohibited
terms
in
such
25
limitations
of
liability.
26
The
bill
makes
all
communication
concerning
cybersecurity
27
between
the
chief
information
security
officer
and
other
28
entities
confidential
and
allows
the
communications
to
be
29
released
only
for
specific
purposes.
30
Under
current
law,
the
department
of
health
and
human
31
services
serves
as
the
Iowa
statistical
analysis
center
and
32
maintains
an
integrated
information
system
for
data
sharing
33
among
federal,
state,
and
local
governments.
The
bill
34
transfers
these
powers
and
duties
to
DOM
and
grants
DOM
access
35
-14-
LSB
5269HV
(2)
91
sc/ns
14/
15
H.F.
2499
to
criminal
justice
information
other
than
intelligence
data
1
and
peace
officer
investigative
reports
maintained
by
the
2
department
of
public
safety.
DOM
is
authorized
to
provide
3
data
analysis
and
reporting
on
issues
that
may
affect
the
4
state’s
correctional
population
and
various
subgroups
of
the
5
population,
to
maintain
a
multiagency
information
system
to
6
track
the
progress
of
juveniles
and
adults
charged
with
a
7
criminal
offense
through
state
and
local
agencies
and
programs,
8
and
to
count
and
track
decision
points
for
individuals
in
9
the
juvenile
justice
system,
child
welfare
system,
and
10
court
system.
If
DOM
lacks
sufficient
moneys
to
perform
the
11
authorized
tasks
of
the
Iowa
statistical
analysis
center,
the
12
bill
allows
DOM
to
determine
which,
if
any,
to
implement.
13
The
bill
states
that
DOM
is
not
the
lawful
custodian
under
14
Code
chapter
22
(open
records)
for
records
DOM
maintains
in
15
DOM’s
information
technology
capacity
for
other
state
entities
16
as
an
automated
data
processing
unit
of
government
or
when
17
held
by
DOM
solely
for
storage
for
another
department
or
18
establishment.
The
bill
requires
DOM
to
deny
requests
for
19
information
for
which
DOM
is
not
the
lawful
custodian,
to
20
provide
assistance
to
the
lawful
custodian
to
comply
with
21
production
obligations,
and
to
cooperate
in
any
efforts
to
22
resist
associated
subpoenas.
23
-15-
LSB
5269HV
(2)
91
sc/ns
15/
15