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307
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Introduced
SENATE
FILE
307
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
1083)
A
BILL
FOR
An
Act
relating
to
matters
under
the
purview
of
the
department
1
of
management,
making
appropriations,
and
including
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
8.23,
Code
2025,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
3.
A
transmittal
to
the
department
of
3
management
pursuant
to
this
section,
and
any
document
created
4
based
on
such
transmittal,
shall
be
considered
confidential
5
until
the
governor
transmits
the
budget
in
accordance
with
6
section
8.21.
7
Sec.
2.
Section
8.57C,
subsections
2,
3,
and
4,
Code
2025,
8
are
amended
to
read
as
follows:
9
2.
Moneys
in
the
fund
in
a
fiscal
year
shall
be
used
as
10
appropriated
by
the
general
assembly
for
the
acquisition
11
of
computer
hardware
and
software,
software
development,
12
telecommunications
equipment,
and
maintenance
and
lease
13
agreements
associated
with
technology
components
and
for
the
14
purchase
of
equipment
intended
to
provide
an
uninterruptible
15
power
supply
are
appropriated
to
the
department
of
management
16
to
provide
a
stable
funding
source
for
implementation
costs
17
of
state
information
technology
projects
that
enhance
the
18
state’s
technology
infrastructure,
improve
government
services,
19
and
promote
innovation
and
economic
development,
including
20
but
not
limited
to
new
information
technology
projects
21
and
infrastructure
replacement
efforts
of
a
department
or
22
establishment
.
23
a.
The
department
shall
prioritize
proposed
projects
based
24
on
all
of
the
following
considerations:
25
(1)
Whether
the
project
aligns
with
the
state’s
strategic
26
priorities.
27
(2)
Whether
the
project
promotes
or
introduces
new
28
technology
or
significantly
improves
an
existing
system.
29
(3)
Whether
the
project
is
feasible
and
whether
the
30
department
or
establishment
has
established
readiness
for
the
31
project
to
proceed,
including
a
clear
assessment
of
timelines,
32
budgets,
and
measurable
outcomes.
33
(4)
Whether
the
project
includes
a
clear
change
management
34
strategy
to
support
user
adoption
and
aligns
with
lean
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enterprise
principles
to
maximize
value,
minimize
waste,
and
1
ensure
continuous
improvement.
2
(5)
Whether
the
project
provides
a
positive
return
on
3
investment,
considering
both
financial
returns
and
nonfinancial
4
benefits
such
as
improved
public
safety,
education,
or
health
5
care.
6
(6)
Whether
the
project
results
in
infrastructure
that
is
7
scalable
across
the
state
enterprise.
8
(7)
Whether
the
department
or
establishment
has
identified
9
how
the
completed
project
will
be
sustained
beyond
the
initial
10
funding
period.
11
(8)
Whether
the
project
improves
access
to
governmental
12
services,
particularly
in
rural
communities.
13
(9)
Whether
the
project
involves
an
infrastructure
project
14
as
opposed
to
maintenance
or
standard
upgrades
of
existing
15
technology.
16
b.
The
department
shall
provide
a
prioritized
list
of
17
proposed
projects
for
funding
to
the
governor,
who
shall
use
18
the
list
in
developing
a
budgetary
recommendation
for
the
19
general
assembly
pursuant
to
section
8.21.
20
3.
a.
There
is
appropriated
from
the
general
fund
of
the
21
state
to
the
technology
reinvestment
fund
for
the
fiscal
year
22
beginning
July
1,
2025,
and
for
each
subsequent
fiscal
year
23
thereafter,
the
sum
of
seventeen
million
five
hundred
thousand
24
dollars.
25
b.
There
is
appropriated
from
the
rebuild
Iowa
26
infrastructure
fund
for
the
fiscal
year
beginning
July
1,
2023,
27
and
ending
June
30,
2024,
the
sum
of
eighteen
million
three
28
hundred
ninety
thousand
two
hundred
ninety
dollars
to
the
29
technology
reinvestment
fund,
notwithstanding
section
8.57,
30
subsection
3
,
paragraph
“c”
.
31
c.
There
is
appropriated
from
the
rebuild
Iowa
32
infrastructure
fund
for
the
fiscal
year
beginning
July
1,
2024,
33
and
ending
June
30,
2025,
the
sum
of
twenty-one
million
one
34
hundred
thirty-one
thousand
eight
hundred
seventy-three
dollars
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to
the
technology
reinvestment
fund,
notwithstanding
section
1
8.57,
subsection
3
,
paragraph
“c”
.
2
b.
Notwithstanding
section
8.33,
moneys
in
the
fund
3
that
remain
unencumbered
or
unobligated
at
the
close
of
a
4
fiscal
year
shall
not
revert
but
shall
remain
available
for
5
expenditure
for
the
purposes
designated.
Notwithstanding
6
section
12C.7,
subsection
2,
interest
or
earnings
on
moneys
in
7
the
fund
shall
be
credited
to
the
fund.
8
4.
Annually,
on
On
or
before
January
15
of
each
year,
a
9
state
agency
that
received
an
appropriation
from
this
fund
10
the
department
of
management
shall
report
to
the
legislative
11
services
agency
and
the
department
of
management
general
12
assembly
the
status
of
all
projects
funded
under
this
section
13
that
have
been
completed
since
the
previous
report
was
14
submitted
or
that
are
in
progress.
The
report
shall
must
15
include
a
description
of
the
project,
the
progress
of
work
16
completed,
the
total
estimated
cost
of
the
project,
a
list
of
17
all
revenue
sources
being
used
to
fund
the
project,
the
amount
18
of
funds
moneys
expended,
the
amount
of
funds
moneys
obligated,
19
and
the
date
the
project
was
completed
or
an
estimated
20
completion
date
of
the
project,
where
applicable.
21
Sec.
3.
Section
8.78,
Code
2025,
is
amended
to
read
as
22
follows:
23
8.78
Background
checks.
24
An
applicant
for
employment
with
the
department,
or
25
an
applicant
for
employment
with
a
supported
entity
for
a
26
position
as
information
technology
staff,
may
be
subject
to
a
27
background
investigation
by
the
department.
The
background
28
investigation
may
include,
without
limitation,
a
work
history,
29
financial
review,
request
for
criminal
history
data,
and
30
national
criminal
history
check
through
the
federal
bureau
of
31
investigation.
In
addition,
a
contractor,
vendor,
employee,
or
32
any
other
individual
performing
work
for
the
department,
or
an
33
individual
on
the
information
technology
staff
of
a
supported
34
entity,
may
be
subject
to
a
national
criminal
history
check
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through
the
federal
bureau
of
investigation
at
least
once
1
every
ten
five
years,
including,
without
limitation,
any
time
2
the
department
or
supported
entity
has
reason
to
believe
an
3
individual
has
been
convicted
of
a
crime.
The
department
may
4
request
the
national
criminal
history
check
and,
if
requested,
5
shall
provide
the
individual’s
fingerprints
to
the
department
6
of
public
safety
for
submission
through
the
state
criminal
7
history
repository
to
the
federal
bureau
of
investigation.
8
The
individual
shall
authorize
release
of
the
results
of
the
9
national
criminal
history
check
to
the
department
and
the
10
applicable
supported
entity.
The
department
shall
pay
the
11
actual
cost
of
the
fingerprinting
and
national
criminal
history
12
check,
if
any,
unless
otherwise
agreed
as
part
of
a
contract
13
between
the
department
or
supported
entity
and
a
vendor
or
14
contractor
performing
work
for
the
department
or
supported
15
entity.
The
results
of
a
criminal
history
check
conducted
16
pursuant
to
this
section
shall
not
be
considered
a
public
17
record
under
chapter
22
.
18
Sec.
4.
NEW
SECTION
.
8.94
Contracts
——
prohibited
terms.
19
Provisions
included
in
a
contract
entered
into
pursuant
to
20
this
subchapter
that
impose
terms
or
conditions
prohibited
by
21
this
section
are
void
ab
initio
as
contrary
to
public
policy.
22
Such
a
contract
shall
be
interpreted
and
enforced
as
if
the
23
contract
did
not
include
the
prohibited
terms
or
conditions.
24
Prohibited
terms
and
conditions
include
all
of
the
following:
25
1.
A
provision
requiring
the
department
or
a
supported
26
entity
to
defend,
indemnify,
hold
harmless
another
person,
or
27
otherwise
assume
the
debt
or
liability
of
another
person
in
28
violation
of
Article
VII,
section
1,
of
the
Constitution
of
the
29
State
of
Iowa.
30
2.
A
provision
that
seeks
to
impose
a
term
that
is
unknown
31
to
the
department
or
supported
entity
at
the
time
of
signing
32
the
contract
or
that
can
be
unilaterally
changed
by
an
entity
33
other
than
the
department
or
a
supported
entity.
34
3.
A
provision
that
violates
chapter
13
by
not
allowing
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the
department
or
a
supported
entity
to
participate
in
its
own
1
defense
through
representation
by
the
attorney
general.
2
4.
A
provision
that
grants
to
a
person
other
than
the
3
attorney
general
the
authority
to
convey
to
a
court
or
litigant
4
the
state’s
consent
to
any
settlement
of
a
suit
involving
the
5
contract
when
such
settlement
could
impose
liability
on
the
6
state.
7
5.
A
provision
that
specifies
that
the
contract
is
governed
8
by
the
laws
of
a
foreign
state
or
nation.
9
6.
A
provision
that
claims
blanket
confidentiality
of
the
10
contract’s
terms.
11
7.
A
provision
that
claims
that
payment
terms,
including
but
12
not
limited
to
cost
proposals
or
other
pricing
information,
of
13
the
contract
are
confidential.
14
8.
A
provision
that
authorizes
or
requires
a
venue
for
15
litigation
other
than
the
district
court
of
Polk
county,
Iowa,
16
or
the
United
States
district
court
for
the
southern
district
17
of
Iowa
sitting
in
Des
Moines,
Iowa.
18
9.
A
provision
that
requires
the
department
or
a
supported
19
entity
to
pay
attorney
fees,
court
costs,
or
other
litigation
20
expenses
in
the
event
of
a
contractual
dispute.
21
10.
A
provision
that
imposes
on
the
department
or
a
22
supported
entity
binding
arbitration
or
any
other
binding
23
extrajudicial
dispute
resolution
process
in
which
the
final
24
resolution
is
not
determined
by
the
state.
25
11.
A
provision
that
waives
the
department’s
or
a
supported
26
entity’s
right
to
a
jury
trial.
27
12.
A
provision
that
obligates
the
department
or
a
supported
28
entity
to
pay
late
payment
charges
not
consistent
with
section
29
8A.514,
interest
greater
than
allowed
under
section
8A.514
or
30
other
applicable
law,
or
any
cancellation
charges,
as
such
31
charges
constitute
pledges
of
the
state’s
credit.
32
13.
A
provision
that
obligates
the
department
or
a
supported
33
entity
to
pay
a
tax.
34
14.
A
provision
that
imposes
a
prior
notice
obligation
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on
the
department
or
a
supported
entity
as
a
condition
for
1
the
automatic
renewal
of
a
software
license.
The
department
2
or
a
supported
entity
may
provide
notice
of
its
intent
to
3
terminate
a
software
license
at
any
time
before
the
renewal
4
date
established
in
the
contract.
5
15.
A
provision
that
obligates
the
department
or
a
supported
6
entity
to
accept
risk
of
loss
before
the
receipt
of
items
or
7
goods.
8
16.
A
provision
that
obligates
the
department
or
a
supported
9
entity
to
have
commercial
insurance.
10
17.
A
provision
that
obligates
the
department
or
a
supported
11
entity
to
grant
to
a
nongovernmental
entity
full
or
partial
12
ownership
of
intellectual
property
developed
pursuant
to
the
13
contract
when
the
intellectual
property
is
developed
in
whole
14
or
in
part
using
federal
funding.
15
18.
A
provision
that
limits
the
time
in
which
the
department
16
or
a
supported
entity
may
bring
a
legal
claim
under
the
17
contract
to
a
period
shorter
than
that
provided
in
Iowa
law.
18
19.
A
boilerplate
provision
included
in
transactional
19
documents
received
by
the
department
or
a
supported
entity
that
20
seeks
to
alter
the
terms
of
the
contract
or
to
impose
new
terms
21
in
the
contract.
22
Sec.
5.
NEW
SECTION
.
8.95
Contracts
——
required
terms.
23
All
of
the
following
provisions
shall
be
deemed
to
be
24
included
in
a
contract
entered
into
by
the
department
or
a
25
supported
entity
under
this
subchapter:
26
1.
Governing
law.
The
contract
shall
be
governed
by
27
the
laws
of
the
state
of
Iowa,
without
giving
effect
to
any
28
conflicts
of
law
principles
of
Iowa
law
that
may
require
the
29
application
of
another
jurisdiction’s
law.
30
2.
Venue.
Any
litigation
commenced
in
connection
with
the
31
contract
shall
be
brought
and
maintained
in
the
district
court
32
of
Polk
county,
Iowa,
or
the
United
States
district
court
for
33
the
southern
district
of
Iowa
sitting
in
Des
Moines,
Iowa,
as
34
appropriate.
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307
Sec.
6.
NEW
SECTION
.
8.96
Contracts
——
limitation
of
1
liability
——
prohibited
terms.
2
Notwithstanding
section
8A.311,
subsection
22,
and
rules
3
adopted
pursuant
to
that
subsection,
the
director
may
include
4
a
contractual
limitation
of
vendor
liability
in
information
5
technology
goods
and
services
contracts.
A
contractual
6
limitation
of
vendor
liability
must
take
into
consideration
the
7
public
interest
and
the
mitigation
of
risks
associated
with
the
8
use
of
information
technology
goods
or
services.
Any
portion
9
of
a
contractual
limitation
of
vendor
liability
that
includes
10
a
repudiation
of
all
liability
for
cybersecurity
incidents
or
11
a
limitation
on
the
vendor’s
liability
for
intentional
torts,
12
criminal
acts,
fraudulent
conduct,
intentional
or
willful
13
misconduct,
gross
negligence,
death,
bodily
injury,
damage
to
14
real
or
personal
property,
intellectual
property
violations,
15
liquidated
damages,
compliance
with
applicable
laws,
violations
16
of
confidential
information
obligations,
or
contractual
17
obligations
of
the
vendor
pertaining
to
indemnification
shall
18
be
void
as
a
matter
of
law
as
contrary
to
public
policy.
A
19
contractual
limit
of
vendor
liability
that
does
not
apply
20
equally
to
the
contracted
parties
or
that
limits
a
vendor’s
21
liability
to
less
than
the
contract
value
inclusive
of
all
22
possible
extensions
is
void
as
a
matter
of
law
as
contrary
to
23
public
policy.
24
Sec.
7.
NEW
SECTION
.
8.97
Confidentiality
of
communications
25
with
chief
information
security
officer.
26
In
the
interest
of
facilitating
communication
between
27
the
chief
information
security
officer
and
other
entities
28
concerning
security
incidents
and
security
breaches,
all
such
29
communications
and
any
documents
generated
based
in
whole
or
in
30
part
on
such
communications
are
confidential.
Notwithstanding
31
chapter
22
or
any
other
provision
of
law
to
the
contrary,
the
32
department
shall
not
release
such
communications
pursuant
to
33
state
open
records
laws,
and
such
communications
shall
not
be
34
received
into
evidence,
subject
to
discovery,
or
otherwise
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used
in
a
trial,
hearing,
or
other
proceeding
in
or
before
any
1
court,
regulatory
body,
or
other
authority
of
the
state
or
a
2
political
subdivision
of
the
state,
unless
the
communications
3
are
subject
to
a
protective
order
that
prohibits
further
4
disclosure
of
such
communications
and
requires
any
court
5
filings
of
such
communications
to
be
made
under
seal.
It
is
6
the
intent
of
the
general
assembly
that
these
prohibitions
and
7
restrictions
also
apply
to
federal
courts,
regulatory
bodies,
8
and
other
authorities
and
for
purposes
of
federal
open
records
9
laws,
to
the
extent
allowed
by
federal
law
and
court
rules.
10
The
chief
information
security
officer
shall
not
release
such
11
communications
other
than
for
any
of
the
following
purposes:
12
1.
Identifying
a
cybersecurity
threat,
including
the
source
13
of
the
cybersecurity
threat,
or
a
security
vulnerability,
and
14
then
only
to
government
officials
for
purposes
of
addressing
15
the
threat.
16
2.
Responding
to,
or
otherwise
preventing
or
mitigating,
17
a
specific
threat
of
death,
serious
bodily
harm,
or
serious
18
economic
harm.
19
3.
Responding
to,
investigating,
prosecuting,
or
otherwise
20
preventing
or
mitigating
a
serious
threat
to
a
minor,
including
21
sexual
exploitation
and
threats
to
physical
safety.
22
4.
Preventing,
investigating,
disrupting,
or
prosecuting
an
23
offense
under
state
or
federal
law.
24
5.
Providing
a
confidential
cybersecurity
briefing
to
the
25
governor
or
a
member
of
the
general
assembly.
26
Sec.
8.
NEW
SECTION
.
8.98
Criminal
justice
information.
27
1.
The
department
is
authorized
to
maintain
an
integrated
28
information
system
that
enables
automated
data
sharing
among
29
the
executive
branch,
judicial
branch,
and
local
agencies.
30
2.
The
department
is
designated
as
the
Iowa
statistical
31
analysis
center
for
the
purpose
of
coordinating
with
data
32
resource
agencies
to
provide
data
and
analytical
information
33
to
federal,
state,
and
local
governments.
Notwithstanding
any
34
other
provision
of
state
law
to
the
contrary,
unless
prohibited
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by
federal
law
or
regulation,
the
department
shall
be
granted
1
access,
for
purposes
of
research
and
evaluation,
to
all
of
2
the
data
listed
in
this
subsection,
except
that
intelligence
3
data
and
peace
officer
investigative
reports
maintained
4
by
the
department
of
public
safety
shall
not
be
considered
5
data
for
the
purposes
of
this
section.
The
department
of
6
management
and
any
record,
data,
or
information
obtained
by
the
7
department
under
this
subsection
is
subject
to
the
federal
and
8
state
confidentiality
laws
and
rules,
including
as
described
9
in
chapter
22,
applicable
to
the
original
record,
data,
or
10
information,
and
to
the
original
custodian
of
the
record,
11
data,
or
information.
Authorized
access
under
this
subsection
12
includes
but
is
not
limited
to
all
of
the
following:
13
a.
Juvenile
court
records
and
all
other
information
14
maintained
under
sections
232.147
through
232.151.
15
b.
Child
abuse
information
under
sections
235A.15
through
16
235A.19.
17
c.
Dependent
adult
abuse
records
maintained
under
chapter
18
235B.
19
d.
Criminal
history
data
maintained
under
chapter
692.
20
e.
Sex
offender
registry
information
maintained
under
21
chapter
692A.
22
f.
Presentence
investigation
reports
maintained
under
23
section
901.4.
24
g.
Corrections
records
maintained
under
sections
904.601
and
25
904.602.
26
h.
Community-based
correctional
program
records
maintained
27
under
chapter
904.
28
i.
Parole
records
maintained
under
chapter
906.
29
j.
Deferred
judgment,
deferred
or
suspended
sentence,
and
30
probation
records
maintained
under
chapter
907.
31
k.
Violation
of
parole
or
probation
records
maintained
under
32
chapter
908.
33
l.
Fine
and
victim
restitution
records
maintained
under
34
chapters
909
and
910.
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m.
Child
welfare
records
maintained
under
chapter
235.
1
3.
The
department
is
authorized
to
provide
data
analysis
and
2
reporting
on
issues
that
may
affect
the
state’s
correctional
3
population
and
various
subgroups
of
the
population.
This
4
reporting
may
include
the
review
of
filed,
public
legislative
5
bills,
joint
resolutions,
and
amendments,
and
compiling
6
criminal
justice
data
for
completion
of
correctional
impact
7
statements
under
section
2.56,
racial
impact
statements,
and
an
8
annual
prison
population
forecast.
9
4.
The
department
is
authorized
to
maintain
a
multiagency
10
information
system
to
track
the
progress
of
juveniles
and
11
adults
who
have
been
charged
with
a
criminal
offense
in
12
the
court
system
through
various
state
and
local
agencies
13
and
programs.
This
system
must
utilize
existing
databases,
14
including
the
Iowa
court
information
system,
the
Iowa
15
corrections
offender
network,
the
child
welfare
information
16
system
of
the
department
of
health
and
human
services,
17
the
federally
mandated
national
adoption
and
foster
care
18
information
system,
and
other
state
and
local
databases
19
pertaining
to
juveniles
and
to
adults
who
have
been
charged
20
with
a
criminal
offense
in
the
court
system,
to
the
extent
21
practicable.
22
5.
The
multiagency
information
system
is
authorized
to
23
count
and
track
decision
points
for
juveniles
in
the
juvenile
24
justice
system
and
minors
in
the
child
welfare
system,
evaluate
25
the
experiences
of
the
juveniles
and
minors,
and
evaluate
26
the
success
of
the
services
provided.
The
system
is
also
27
authorized
to
count
and
track
decision
points
for
adults
who
28
have
been
charged
with
a
criminal
offense
in
the
court
system,
29
including
but
not
limited
to
dismissed
charges,
convictions,
30
deferred
judgments,
and
sentence
information.
31
6.
If
the
department
has
insufficient
moneys
or
resources
32
to
implement
this
section,
the
department
is
authorized
to
33
determine
which
portion
of
this
section
may
be
implemented,
if
34
any,
and
the
remainder
of
this
section
shall
not
apply.
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Sec.
9.
NEW
SECTION
.
8.99
Confidentiality
of
data.
1
1.
For
purposes
of
chapter
22,
the
department
shall
not
be
2
deemed
to
be
the
lawful
custodian
of
records
the
department
3
maintains
for
another
department
or
establishment
under
this
4
subchapter,
to
the
extent
the
records
in
question
are
held
5
by
the
department
as
an
automated
data
processing
unit
of
6
government
or
held
by
the
department
solely
for
storage
for
7
another
department
or
establishment.
Such
records
include
but
8
are
not
limited
to
all
of
the
following:
9
a.
Electronic
messaging
system
data.
10
b.
Mainframe
data.
11
c.
Storage
solutions
or
other
electronic
information,
such
12
as
on-premises
server
data
storage
and
cloud
data
storage.
13
2.
If
the
department
receives
a
request
pursuant
to
chapter
14
22
for
records
over
which
the
department
has
determined
it
is
15
not
the
lawful
custodian,
the
department
shall
deny
the
request
16
and
inform
the
requester
to
seek
the
information
from
the
17
lawful
custodian
as
provided
in
chapter
22.
The
department’s
18
determination
that
it
is
not
the
lawful
custodian
of
records
is
19
presumed
valid.
The
presumption
may
be
rebutted
by
clear
and
20
convincing
evidence
to
the
contrary.
21
3.
The
department
shall
provide
assistance
to
the
lawful
22
custodian
of
records
held
by
the
department
so
that
the
lawful
23
custodian
can
comply
with
the
production
obligations
of
chapter
24
22.
25
4.
If
the
department
receives
a
subpoena
in
an
26
administrative,
civil,
or
criminal
case
for
records
for
which
27
the
department
is
not
the
lawful
custodian,
the
department
28
shall
notify
the
lawful
custodian
and
the
attorney
general’s
29
office
and
cooperate
in
any
efforts
to
resist
the
subpoena.
30
Sec.
10.
Section
216A.131A,
Code
2025,
is
amended
to
read
31
as
follows:
32
216A.131A
Criminal
and
juvenile
justice
planning.
33
The
department
shall
fulfill
the
responsibilities
of
34
this
subchapter
,
including
the
duties
specified
in
sections
35
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216A.133,
216A.135
,
216A.136
,
216A.137
,
216A.138
,
and
216A.140
.
1
Sec.
11.
Section
216A.133,
subsection
1,
paragraphs
d,
e,
f,
2
l,
and
t,
Code
2025,
are
amended
by
striking
the
paragraphs.
3
Sec.
12.
Section
216A.133,
subsection
1,
paragraph
q,
4
subparagraphs
(1)
and
(6),
Code
2025,
are
amended
by
striking
5
the
subparagraphs.
6
Sec.
13.
Section
216A.133,
subsection
1,
paragraph
s,
Code
7
2025,
is
amended
to
read
as
follows:
8
s.
Provide
expertise
and
advice
to
the
legislative
9
services
agency,
the
department
of
management,
the
department
10
of
corrections,
the
judicial
branch,
and
others
charged
11
with
formulating
fiscal,
correctional,
or
minority
impact
12
statements.
13
Sec.
14.
Section
216A.135,
subsection
2,
paragraph
e,
Code
14
2025,
is
amended
by
striking
the
paragraph.
15
Sec.
15.
Section
232.147,
subsection
2,
paragraph
i,
Code
16
2025,
is
amended
to
read
as
follows:
17
i.
The
statistical
analysis
center
for
the
purposes
stated
18
in
section
216A.136
8.98
.
19
Sec.
16.
Section
232.147,
subsection
3,
paragraph
n,
Code
20
2025,
is
amended
to
read
as
follows:
21
n.
The
statistical
analysis
center
for
the
purposes
stated
22
in
section
216A.136
8.98
.
23
Sec.
17.
Section
232.147,
subsection
4,
paragraph
i,
Code
24
2025,
is
amended
to
read
as
follows:
25
i.
The
statistical
analysis
center
for
the
purposes
stated
26
in
section
216A.136
8.98
.
27
Sec.
18.
Section
232.149,
subsection
5,
paragraph
f,
Code
28
2025,
is
amended
to
read
as
follows:
29
f.
The
statistical
analysis
center
for
the
purposes
stated
30
in
section
216A.136
8.98
.
31
Sec.
19.
Section
232.149A,
subsection
3,
paragraph
m,
Code
32
2025,
is
amended
to
read
as
follows:
33
m.
The
statistical
analysis
center
for
the
purposes
stated
34
in
section
216A.136
8.98
.
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Sec.
20.
REPEAL.
Sections
216A.136,
216A.137,
and
1
216A.138,
Code
2025,
are
repealed.
2
Sec.
21.
APPLICABILITY.
The
following
apply
to
contracts
3
entered
into
or
renewed
on
or
after
the
effective
date
of
this
4
Act:
5
1.
The
section
of
this
Act
enacting
section
8.94.
6
2.
The
section
of
this
Act
enacting
section
8.95.
7
3.
The
section
of
this
Act
enacting
section
8.96.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
matters
under
the
purview
of
the
12
department
of
management
(DOM).
13
Under
current
law,
the
governor’s
budget
recommendation
is
14
considered
confidential
by
the
legislative
services
agency
15
until
it
is
made
public
by
the
governor.
The
bill
states
that
16
information
transmitted
by
state
entities
to
DOM
for
developing
17
the
budget
as
required
by
law,
and
documents
based
on
the
18
transmittals,
are
confidential
until
the
governor
transmits
the
19
budget
to
the
general
assembly.
20
The
bill
strikes
current
law
providing
for
the
use
of
moneys
21
in
the
technology
reinvestment
fund
for
certain
technology
22
projects
and
instead
appropriates
moneys
in
the
fund
to
DOM
for
23
technology
projects
using
factors
set
forth
in
the
bill.
The
24
bill
requires
DOM
to
provide
a
prioritized
list
of
proposed
25
projects
to
the
governor,
who
must
use
the
list
to
develop
26
a
budgetary
recommendation
to
the
general
assembly,
and
to
27
report
completed
and
ongoing
projects
to
the
general
assembly
28
annually.
29
The
bill
increases
the
frequency
at
which
a
person
30
performing
work
for
DOM
or
an
individual
on
the
information
31
technology
staff
of
a
supported
entity
may
be
subject
to
a
32
national
criminal
history
check
through
the
federal
bureau
of
33
investigation
from
at
least
once
every
10
years
to
every
5
34
years.
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The
bill
prohibits
the
inclusion
of
certain
provisions
in
1
information
technology
contracts
and
declares
those
provisions
2
void
if
present
in
such
contracts.
The
bill
also
provides
that
3
such
contracts
are
deemed
to
include
provisions
requiring
the
4
contract
to
be
governed
by
Iowa
law
and
litigation
related
to
5
the
contract
to
be
brought
and
maintained
in
Polk
county.
The
6
bill
authorizes
the
director
of
DOM
to
include
limitations
of
7
vendor
liability
in
information
technology
goods
and
services
8
contracts,
but
sets
forth
prohibited
terms
in
such
limitations
9
of
liability.
10
The
bill
makes
all
communication
concerning
cybersecurity
11
between
the
chief
information
security
officer
and
other
12
entities
confidential
and
allows
the
communications
to
be
13
released
only
for
specific
purposes.
14
Under
current
law,
the
department
of
health
and
human
15
services
serves
as
the
Iowa
statistical
analysis
center
and
16
maintains
an
integrated
information
system
for
data
sharing
17
among
federal,
state,
and
local
governments.
The
bill
18
transfers
these
powers
and
duties
to
DOM
and
grants
DOM
access
19
to
criminal
justice
information
other
than
intelligence
data
20
and
peace
officer
investigative
reports
maintained
by
the
21
department
of
public
safety.
DOM
is
authorized
to
provide
22
data
analysis
and
reporting
on
issues
that
may
affect
the
23
state’s
correctional
population
and
various
subgroups
of
the
24
population,
to
maintain
a
multiagency
information
system
to
25
track
the
progress
of
juveniles
and
adults
charged
with
a
26
criminal
offense
through
state
and
local
agencies
and
programs,
27
and
to
count
and
track
decision
points
for
individuals
in
28
the
juvenile
justice
system,
child
welfare
system,
and
29
court
system.
If
DOM
lacks
sufficient
moneys
to
perform
the
30
authorized
tasks
of
the
Iowa
statistical
analysis
center,
the
31
bill
allows
DOM
to
determine
which,
if
any,
to
implement.
32
The
bill
states
that
DOM
is
not
the
lawful
custodian
under
33
Code
chapter
22
(open
records)
for
records
DOM
maintains
in
34
DOM’s
information
technology
capacity
for
other
state
entities
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as
an
automated
data
processing
unit
of
government
or
when
1
held
by
DOM
solely
for
storage
for
another
department
or
2
establishment.
The
bill
requires
DOM
to
deny
requests
for
3
information
for
which
DOM
is
not
the
lawful
custodian,
to
4
provide
assistance
to
the
lawful
custodian
to
comply
with
5
production
obligations,
and
to
cooperate
in
any
efforts
to
6
resist
associated
subpoenas.
7
-15-
LSB
1362SV
(2)
91
sc/ns
15/
15