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Senate
File
630
-
Introduced
SENATE
FILE
630
BY
COMMITTEE
ON
APPROPRIATIONS
(SUCCESSOR
TO
SF
307)
(SUCCESSOR
TO
SSB
1083)
A
BILL
FOR
An
Act
relating
to
state
government,
including
matters
under
1
the
purview
of
the
department
of
management
and
state
2
membership
in
the
Iowa
individual
health
benefit
reinsurance
3
association,
and
including
effective
date,
applicability,
4
and
retroactive
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
1362SZ
(2)
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sc/ns
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630
Section
1.
Section
8.57C,
subsections
2,
3,
and
4,
Code
1
2025,
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
.
16
3.
a.
The
department
of
management
shall
prioritize
17
proposed
projects
based
on
all
of
the
following
considerations:
18
(1)
Whether
the
project
aligns
with
the
state’s
strategic
19
priorities.
20
(2)
Whether
the
project
promotes
or
introduces
new
21
technology
or
significantly
improves
an
existing
system.
22
(3)
Whether
the
project
is
feasible
and
whether
the
23
department
or
establishment
has
established
readiness
for
the
24
project
to
proceed,
including
a
clear
assessment
of
timelines,
25
budgets,
and
measurable
outcomes.
26
(4)
Whether
the
project
includes
a
clear
change
management
27
strategy
to
support
user
adoption
and
aligns
with
lean
28
enterprise
principles
to
maximize
value,
minimize
waste,
and
29
ensure
continuous
improvement.
30
(5)
Whether
the
project
provides
a
positive
return
on
31
investment,
considering
both
financial
returns
and
nonfinancial
32
benefits
such
as
improved
public
safety,
education,
or
health
33
care.
34
(6)
Whether
the
project
results
in
infrastructure
that
is
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scalable
across
the
state
enterprise.
1
(7)
Whether
the
department
or
establishment
has
identified
2
how
the
completed
project
will
be
sustained
beyond
the
initial
3
funding
period.
4
(8)
Whether
the
project
improves
access
to
governmental
5
services,
particularly
in
rural
communities.
6
(9)
Whether
the
project
involves
an
infrastructure
project
7
as
opposed
to
maintenance
or
standard
upgrades
of
existing
8
technology.
9
b.
The
department
of
management
shall
provide
a
prioritized
10
list
of
proposed
projects
for
funding
to
the
governor,
who
11
shall
use
the
list
in
developing
a
budgetary
recommendation
12
for
the
general
assembly
pursuant
to
section
8.21
for
the
13
fiscal
year
beginning
July
1,
2026,
and
for
each
fiscal
year
14
thereafter.
15
3.
a.
There
is
appropriated
from
the
general
fund
of
the
16
state
to
the
technology
reinvestment
fund
for
the
fiscal
year
17
beginning
July
1,
2025,
and
for
each
subsequent
fiscal
year
18
thereafter,
the
sum
of
seventeen
million
five
hundred
thousand
19
dollars.
20
b.
There
is
appropriated
from
the
rebuild
Iowa
21
infrastructure
fund
for
the
fiscal
year
beginning
July
1,
2023,
22
and
ending
June
30,
2024,
the
sum
of
eighteen
million
three
23
hundred
ninety
thousand
two
hundred
ninety
dollars
to
the
24
technology
reinvestment
fund,
notwithstanding
section
8.57,
25
subsection
3
,
paragraph
“c”
.
26
c.
There
is
appropriated
from
the
rebuild
Iowa
27
infrastructure
fund
for
the
fiscal
year
beginning
July
1,
2024,
28
and
ending
June
30,
2025,
the
sum
of
twenty-one
million
one
29
hundred
thirty-one
thousand
eight
hundred
seventy-three
dollars
30
to
the
technology
reinvestment
fund,
notwithstanding
section
31
8.57,
subsection
3
,
paragraph
“c”
.
32
c.
Notwithstanding
section
8.33,
moneys
in
the
technology
33
reinvestment
fund
that
remain
unencumbered
or
unobligated
at
34
the
close
of
a
fiscal
year
shall
not
revert
but
shall
remain
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630
available
for
expenditure
for
the
purposes
designated
until
1
the
close
of
the
fiscal
year
that
ends
three
years
after
the
2
end
of
the
fiscal
year
for
which
the
appropriation
was
made.
3
Notwithstanding
section
12C.7,
subsection
2,
interest
or
4
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
5
4.
Annually,
on
On
or
before
January
15
of
each
year,
a
6
state
agency
that
received
an
appropriation
from
this
fund
7
the
department
of
management
shall
report
to
the
legislative
8
services
agency
and
the
department
of
management
general
9
assembly
the
status
of
all
projects
funded
under
this
section
10
that
have
been
completed
since
the
previous
report
was
11
submitted
or
that
are
in
progress.
The
report
shall
must
12
include
a
description
of
the
project,
the
progress
of
work
13
completed,
the
total
estimated
cost
of
the
project,
a
list
of
14
all
revenue
sources
being
used
to
fund
the
project,
the
amount
15
of
funds
moneys
expended,
the
amount
of
funds
moneys
obligated,
16
and
the
date
the
project
was
completed
or
an
estimated
17
completion
date
of
the
project,
where
applicable.
18
Sec.
2.
Section
8.78,
Code
2025,
is
amended
to
read
as
19
follows:
20
8.78
Background
checks.
21
An
applicant
for
employment
with
the
department,
or
22
an
applicant
for
employment
with
a
supported
entity
for
a
23
position
as
information
technology
staff,
may
be
subject
to
a
24
background
investigation
by
the
department.
The
background
25
investigation
may
include,
without
limitation,
a
work
history,
26
financial
review,
request
for
criminal
history
data,
and
27
national
criminal
history
check
through
the
federal
bureau
of
28
investigation.
In
addition,
a
contractor,
vendor,
employee,
or
29
any
other
individual
performing
work
for
the
department,
or
an
30
individual
on
the
information
technology
staff
of
a
supported
31
entity,
may
be
subject
to
a
national
criminal
history
check
32
through
the
federal
bureau
of
investigation
at
least
once
33
every
ten
five
years,
including,
without
limitation,
any
time
34
the
department
or
supported
entity
has
reason
to
believe
an
35
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630
individual
has
been
convicted
of
a
crime.
The
department
may
1
request
the
national
criminal
history
check
and,
if
requested,
2
shall
provide
the
individual’s
fingerprints
to
the
department
3
of
public
safety
for
submission
through
the
state
criminal
4
history
repository
to
the
federal
bureau
of
investigation.
5
The
individual
shall
authorize
release
of
the
results
of
the
6
national
criminal
history
check
to
the
department
and
the
7
applicable
supported
entity.
The
department
shall
pay
the
8
actual
cost
of
the
fingerprinting
and
national
criminal
history
9
check,
if
any,
unless
otherwise
agreed
as
part
of
a
contract
10
between
the
department
or
supported
entity
and
a
vendor
or
11
contractor
performing
work
for
the
department
or
supported
12
entity.
The
results
of
a
criminal
history
check
conducted
13
pursuant
to
this
section
shall
not
be
considered
a
public
14
record
under
chapter
22
.
15
Sec.
3.
NEW
SECTION
.
8.94
Contracts
——
prohibited
terms.
16
Provisions
included
in
a
contract
entered
into
pursuant
to
17
this
subchapter
that
impose
terms
or
conditions
prohibited
by
18
this
section
are
void
as
contrary
to
public
policy.
Such
a
19
contract
shall
be
interpreted
and
enforced
as
if
the
contract
20
did
not
include
the
prohibited
terms
or
conditions.
Prohibited
21
terms
and
conditions
include
all
of
the
following:
22
1.
A
provision
requiring
the
department
or
a
supported
23
entity
to
defend,
indemnify,
hold
harmless
another
person,
or
24
otherwise
assume
the
debt
or
liability
of
another
person
in
25
violation
of
Article
VII,
section
1,
of
the
Constitution
of
the
26
State
of
Iowa.
27
2.
A
provision
that
seeks
to
impose
a
term
that
is
unknown
28
to
the
department
or
supported
entity
at
the
time
of
signing
29
the
contract
or
that
can
be
unilaterally
changed
by
an
entity
30
other
than
the
department
or
a
supported
entity.
31
3.
A
provision
that
violates
chapter
13
by
not
allowing
32
the
department
or
a
supported
entity
to
participate
in
its
own
33
defense
through
representation
by
the
attorney
general.
34
4.
A
provision
that
grants
to
a
person
other
than
the
35
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attorney
general
the
authority
to
convey
to
a
court
or
litigant
1
the
state’s
consent
to
any
settlement
of
a
suit
involving
the
2
contract
when
such
settlement
could
impose
liability
on
the
3
state.
4
5.
A
provision
that
specifies
that
the
contract
is
governed
5
by
the
laws
of
a
foreign
state
or
nation.
6
6.
A
provision
that
claims
blanket
confidentiality
of
the
7
contract’s
terms.
8
7.
A
provision
that
claims
that
payment
terms,
including
but
9
not
limited
to
cost
proposals
or
other
pricing
information,
of
10
the
contract
are
confidential.
11
8.
A
provision
that
authorizes
or
requires
a
venue
for
12
litigation
other
than
an
appropriate
state
or
federal
court
13
sitting
in
Iowa.
14
9.
A
provision
that
requires
the
department
or
a
supported
15
entity
to
pay
attorney
fees,
court
costs,
or
other
litigation
16
expenses
in
the
event
of
a
contractual
dispute.
17
10.
A
provision
that
imposes
on
the
department
or
a
18
supported
entity
binding
arbitration
or
any
other
binding
19
extrajudicial
dispute
resolution
process
in
which
the
final
20
resolution
is
not
determined
by
the
state.
21
11.
A
provision
that
waives
the
department’s
or
a
supported
22
entity’s
right
to
a
jury
trial.
23
12.
A
provision
that
obligates
the
department
or
a
supported
24
entity
to
pay
late
payment
charges
not
consistent
with
section
25
8A.514,
interest
greater
than
allowed
under
section
8A.514
or
26
other
applicable
law,
or
any
cancellation
charges,
as
such
27
charges
constitute
pledges
of
the
state’s
credit.
28
13.
A
provision
that
obligates
the
department
or
a
supported
29
entity
to
pay
a
tax.
30
14.
A
provision
that
imposes
a
prior
notice
obligation
31
on
the
department
or
a
supported
entity
as
a
condition
for
32
the
automatic
renewal
of
a
software
license.
The
department
33
or
a
supported
entity
may
provide
notice
of
its
intent
to
34
terminate
a
software
license
at
any
time
before
the
renewal
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date
established
in
the
contract.
1
15.
A
provision
that
obligates
the
department
or
a
supported
2
entity
to
accept
risk
of
loss
before
the
receipt
of
items
or
3
goods.
4
16.
A
provision
that
obligates
the
department
or
a
supported
5
entity
to
have
commercial
insurance.
6
17.
A
provision
that
obligates
the
department
or
a
supported
7
entity
to
grant
to
a
nongovernmental
entity
full
or
partial
8
ownership
of
intellectual
property
developed
pursuant
to
the
9
contract
when
the
intellectual
property
is
developed
in
whole
10
or
in
part
using
federal
funding.
11
18.
A
provision
that
limits
the
time
in
which
the
department
12
or
a
supported
entity
may
bring
a
legal
claim
under
the
13
contract
to
a
period
shorter
than
that
provided
in
Iowa
law.
14
19.
A
boilerplate
provision
included
in
transactional
15
documents
received
by
the
department
or
a
supported
entity
that
16
seeks
to
alter
the
terms
of
the
contract
or
to
impose
new
terms
17
in
the
contract.
18
Sec.
4.
NEW
SECTION
.
8.95
Contracts
——
required
terms.
19
All
of
the
following
provisions
shall
be
deemed
to
be
20
included
in
a
contract
entered
into
by
the
department
or
a
21
supported
entity
under
this
subchapter:
22
1.
Governing
law.
The
contract
shall
be
governed
by
23
the
laws
of
the
state
of
Iowa,
without
giving
effect
to
any
24
conflicts
of
law
principles
of
Iowa
law
that
may
require
the
25
application
of
another
jurisdiction’s
law.
26
2.
Venue.
Any
litigation
commenced
in
connection
with
the
27
contract
shall
be
brought
and
maintained
in
an
appropriate
28
state
or
federal
court
sitting
in
Iowa.
29
Sec.
5.
NEW
SECTION
.
8.96
Contracts
——
limitation
of
30
liability
——
prohibited
terms.
31
Notwithstanding
section
8A.311,
subsection
22,
and
rules
32
adopted
pursuant
to
that
subsection,
the
director
may
include
33
a
contractual
limitation
of
vendor
liability
in
information
34
technology
goods
and
services
contracts.
A
contractual
35
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630
limitation
of
vendor
liability
must
take
into
consideration
the
1
public
interest
and
the
mitigation
of
risks
associated
with
the
2
use
of
information
technology
goods
or
services.
Any
portion
3
of
a
contractual
limitation
of
vendor
liability
that
includes
4
a
repudiation
of
all
liability
for
cybersecurity
incidents
or
5
a
limitation
on
the
vendor’s
liability
for
intentional
torts,
6
criminal
acts,
fraudulent
conduct,
intentional
or
willful
7
misconduct,
gross
negligence,
death,
bodily
injury,
damage
to
8
real
or
personal
property,
intellectual
property
violations,
9
liquidated
damages,
compliance
with
applicable
laws,
violations
10
of
confidential
information
obligations,
or
contractual
11
obligations
of
the
vendor
pertaining
to
indemnification
shall
12
be
void
as
a
matter
of
law
as
contrary
to
public
policy.
A
13
contractual
limit
of
vendor
liability
that
does
not
apply
14
equally
to
the
contracted
parties
or
that
limits
a
vendor’s
15
liability
to
less
than
the
contract
value
inclusive
of
all
16
possible
extensions
is
void
as
a
matter
of
law
as
contrary
to
17
public
policy.
18
Sec.
6.
NEW
SECTION
.
8.97
Confidentiality
of
communications
19
with
chief
information
security
officer.
20
In
the
interest
of
facilitating
communication
between
21
the
chief
information
security
officer
and
other
entities
22
concerning
security
incidents
and
security
breaches,
all
such
23
communications
and
any
documents
generated
based
in
whole
or
in
24
part
on
such
communications
are
confidential.
Notwithstanding
25
chapter
22
or
any
other
provision
of
law
to
the
contrary,
the
26
department
shall
not
release
such
communications
pursuant
to
27
state
open
records
laws,
and
such
communications
shall
not
be
28
received
into
evidence,
subject
to
discovery,
or
otherwise
29
used
in
a
trial,
hearing,
or
other
proceeding
in
or
before
any
30
court,
regulatory
body,
or
other
authority
of
the
state
or
a
31
political
subdivision
of
the
state,
unless
the
communications
32
are
subject
to
a
protective
order
that
prohibits
further
33
disclosure
of
such
communications
and
requires
any
court
34
filings
of
such
communications
to
be
made
under
seal.
It
is
35
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the
intent
of
the
general
assembly
that
these
prohibitions
and
1
restrictions
also
apply
to
federal
courts,
regulatory
bodies,
2
and
other
authorities
and
for
purposes
of
federal
open
records
3
laws,
to
the
extent
allowed
by
federal
law
and
court
rules.
4
The
chief
information
security
officer
shall
not
release
such
5
communications
other
than
for
any
of
the
following
purposes:
6
1.
Identifying
a
cybersecurity
threat,
including
the
source
7
of
the
cybersecurity
threat,
or
a
security
vulnerability,
and
8
then
only
to
government
officials
for
purposes
of
addressing
9
the
threat.
10
2.
Responding
to,
or
otherwise
preventing
or
mitigating,
11
a
specific
threat
of
death,
serious
bodily
harm,
or
serious
12
economic
harm.
13
3.
Responding
to,
investigating,
prosecuting,
or
otherwise
14
preventing
or
mitigating
a
serious
threat
to
a
minor,
including
15
sexual
exploitation
and
threats
to
physical
safety.
16
4.
Preventing,
investigating,
disrupting,
or
prosecuting
an
17
offense
under
state
or
federal
law.
18
5.
Providing
a
confidential
cybersecurity
briefing
to
the
19
governor
or
a
member
of
the
general
assembly.
20
Sec.
7.
NEW
SECTION
.
8.98
Criminal
justice
information.
21
1.
The
department
is
authorized
to
maintain
an
integrated
22
information
system
that
enables
automated
data
sharing
among
23
the
executive
branch,
judicial
branch,
and
local
agencies.
24
2.
The
department
is
designated
as
the
Iowa
statistical
25
analysis
center
for
the
purpose
of
coordinating
with
data
26
resource
agencies
to
provide
data
and
analytical
information
27
to
federal,
state,
and
local
governments.
Notwithstanding
any
28
other
provision
of
state
law
to
the
contrary,
unless
prohibited
29
by
federal
law
or
regulation,
the
department
shall
be
granted
30
access,
for
purposes
of
research
and
evaluation,
to
all
of
31
the
data
listed
in
this
subsection,
except
that
intelligence
32
data
and
peace
officer
investigative
reports
maintained
33
by
the
department
of
public
safety
shall
not
be
considered
34
data
for
the
purposes
of
this
section.
The
department
of
35
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management
and
any
record,
data,
or
information
obtained
by
the
1
department
under
this
subsection
is
subject
to
the
federal
and
2
state
confidentiality
laws
and
rules,
including
as
described
3
in
chapter
22,
applicable
to
the
original
record,
data,
or
4
information,
and
to
the
original
custodian
of
the
record,
5
data,
or
information.
Authorized
access
under
this
subsection
6
includes
but
is
not
limited
to
all
of
the
following:
7
a.
Juvenile
court
records
and
all
other
information
8
maintained
under
sections
232.147
through
232.151.
9
b.
Child
abuse
information
under
sections
235A.15
through
10
235A.19.
11
c.
Dependent
adult
abuse
records
maintained
under
chapter
12
235B.
13
d.
Criminal
history
data
maintained
under
chapter
692.
14
e.
Sex
offender
registry
information
maintained
under
15
chapter
692A.
16
f.
Presentence
investigation
reports
maintained
under
17
section
901.4.
18
g.
Corrections
records
maintained
under
sections
904.601
and
19
904.602.
20
h.
Community-based
correctional
program
records
maintained
21
under
chapter
904.
22
i.
Parole
records
maintained
under
chapter
906.
23
j.
Deferred
judgment,
deferred
or
suspended
sentence,
and
24
probation
records
maintained
under
chapter
907.
25
k.
Violation
of
parole
or
probation
records
maintained
under
26
chapter
908.
27
l.
Fine
and
victim
restitution
records
maintained
under
28
chapters
909
and
910.
29
m.
Child
welfare
records
maintained
under
chapter
235.
30
3.
The
department
is
authorized
to
provide
data
analysis
and
31
reporting
on
issues
that
may
affect
the
state’s
correctional
32
population
and
various
subgroups
of
the
population.
This
33
reporting
may
include
the
review
of
filed,
public
legislative
34
bills,
joint
resolutions,
and
amendments,
and
compiling
35
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criminal
justice
data
for
completion
of
correctional
impact
1
statements
under
section
2.56,
racial
impact
statements,
and
an
2
annual
prison
population
forecast.
3
4.
The
department
is
authorized
to
maintain
a
multiagency
4
information
system
to
track
the
progress
of
juveniles
and
5
adults
who
have
been
charged
with
a
criminal
offense
in
6
the
court
system
through
various
state
and
local
agencies
7
and
programs.
This
system
must
utilize
existing
databases,
8
including
the
Iowa
court
information
system,
the
Iowa
9
corrections
offender
network,
the
child
welfare
information
10
system
of
the
department
of
health
and
human
services,
11
the
federally
mandated
national
adoption
and
foster
care
12
information
system,
and
other
state
and
local
databases
13
pertaining
to
juveniles
and
to
adults
who
have
been
charged
14
with
a
criminal
offense
in
the
court
system,
to
the
extent
15
practicable.
16
5.
The
multiagency
information
system
is
authorized
to
17
count
and
track
decision
points
for
juveniles
in
the
juvenile
18
justice
system
and
minors
in
the
child
welfare
system,
evaluate
19
the
experiences
of
the
juveniles
and
minors,
and
evaluate
20
the
success
of
the
services
provided.
The
system
is
also
21
authorized
to
count
and
track
decision
points
for
adults
who
22
have
been
charged
with
a
criminal
offense
in
the
court
system,
23
including
but
not
limited
to
dismissed
charges,
convictions,
24
deferred
judgments,
and
sentence
information.
25
6.
If
the
department
has
insufficient
moneys
or
resources
26
to
implement
this
section,
the
department
is
authorized
to
27
determine
which
portion
of
this
section
may
be
implemented,
if
28
any,
and
the
remainder
of
this
section
shall
not
apply.
29
Sec.
8.
NEW
SECTION
.
8.99
Confidentiality
of
data.
30
1.
For
purposes
of
chapter
22,
the
department
shall
not
be
31
deemed
to
be
the
lawful
custodian
of
records
the
department
32
maintains
for
another
department
or
establishment
under
this
33
subchapter,
to
the
extent
the
records
in
question
are
held
34
by
the
department
as
an
automated
data
processing
unit
of
35
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government
or
held
by
the
department
solely
for
storage
for
1
another
department
or
establishment.
Such
records
include
but
2
are
not
limited
to
all
of
the
following:
3
a.
Electronic
messaging
system
data.
4
b.
Mainframe
data.
5
c.
Storage
solutions
or
other
electronic
information,
such
6
as
on-premises
server
data
storage
and
cloud
data
storage.
7
2.
If
the
department
receives
a
request
pursuant
to
chapter
8
22
for
records
over
which
the
department
has
determined
it
is
9
not
the
lawful
custodian,
the
department
shall
deny
the
request
10
and
inform
the
requester
to
seek
the
information
from
the
11
lawful
custodian
as
provided
in
chapter
22.
The
department’s
12
determination
that
it
is
not
the
lawful
custodian
of
records
is
13
presumed
valid.
The
presumption
may
be
rebutted
by
clear
and
14
convincing
evidence
to
the
contrary.
15
3.
The
department
shall
provide
assistance
to
the
lawful
16
custodian
of
records
held
by
the
department
so
that
the
lawful
17
custodian
can
comply
with
the
production
obligations
of
chapter
18
22.
19
4.
If
the
department
receives
a
subpoena
in
an
20
administrative,
civil,
or
criminal
case
for
records
for
which
21
the
department
is
not
the
lawful
custodian,
the
department
22
shall
notify
the
lawful
custodian
and
the
attorney
general’s
23
office
and
cooperate
in
any
efforts
to
resist
the
subpoena.
24
Sec.
9.
Section
216A.131A,
Code
2025,
is
amended
to
read
as
25
follows:
26
216A.131A
Criminal
and
juvenile
justice
planning.
27
The
department
shall
fulfill
the
responsibilities
of
28
this
subchapter
,
including
the
duties
specified
in
sections
29
216A.133,
216A.135
,
216A.136
,
216A.137
,
216A.138
,
and
216A.140
.
30
Sec.
10.
Section
216A.133,
subsection
1,
paragraphs
d,
e,
f,
31
l,
and
t,
Code
2025,
are
amended
by
striking
the
paragraphs.
32
Sec.
11.
Section
216A.133,
subsection
1,
paragraph
q,
33
subparagraphs
(1)
and
(6),
Code
2025,
are
amended
by
striking
34
the
subparagraphs.
35
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Sec.
12.
Section
216A.133,
subsection
1,
paragraph
s,
Code
1
2025,
is
amended
to
read
as
follows:
2
s.
Provide
expertise
and
advice
to
the
legislative
3
services
agency,
the
department
of
management,
the
department
4
of
corrections,
the
judicial
branch,
and
others
charged
5
with
formulating
fiscal,
correctional,
or
minority
impact
6
statements.
7
Sec.
13.
Section
216A.135,
subsection
2,
paragraph
e,
Code
8
2025,
is
amended
by
striking
the
paragraph.
9
Sec.
14.
Section
232.147,
subsection
2,
paragraph
i,
Code
10
2025,
is
amended
to
read
as
follows:
11
i.
The
statistical
analysis
center
for
the
purposes
stated
12
in
section
216A.136
8.98
.
13
Sec.
15.
Section
232.147,
subsection
3,
paragraph
n,
Code
14
2025,
is
amended
to
read
as
follows:
15
n.
The
statistical
analysis
center
for
the
purposes
stated
16
in
section
216A.136
8.98
.
17
Sec.
16.
Section
232.147,
subsection
4,
paragraph
i,
Code
18
2025,
is
amended
to
read
as
follows:
19
i.
The
statistical
analysis
center
for
the
purposes
stated
20
in
section
216A.136
8.98
.
21
Sec.
17.
Section
232.149,
subsection
5,
paragraph
f,
Code
22
2025,
is
amended
to
read
as
follows:
23
f.
The
statistical
analysis
center
for
the
purposes
stated
24
in
section
216A.136
8.98
.
25
Sec.
18.
Section
232.149A,
subsection
3,
paragraph
m,
Code
26
2025,
is
amended
to
read
as
follows:
27
m.
The
statistical
analysis
center
for
the
purposes
stated
28
in
section
216A.136
8.98
.
29
Sec.
19.
Section
513C.10,
subsection
1,
paragraph
a,
Code
30
2025,
is
amended
to
read
as
follows:
31
a.
All
persons
that
provide
health
benefit
plans
in
this
32
state
including
insurers
providing
accident
and
sickness
33
insurance
under
chapter
509
,
514
,
or
514A
,
whether
on
an
34
individual
or
group
basis;
fraternal
benefit
societies
35
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providing
hospital,
medical,
or
nursing
benefits
under
chapter
1
512B
;
and
health
maintenance
organizations,
other
entities
2
providing
health
insurance
or
health
benefits
subject
to
state
3
insurance
regulation,
and
all
other
insurers
as
designated
4
by
the
board
of
directors
of
the
Iowa
comprehensive
health
5
insurance
association
with
the
approval
of
the
commissioner
6
shall
be
members
of
the
association.
However,
the
state,
7
including
an
institution
under
the
control
of
the
state
board
8
of
regents,
shall
not
be
a
member
of
the
association.
9
Sec.
20.
REPEAL.
Sections
216A.136,
216A.137,
and
10
216A.138,
Code
2025,
are
repealed.
11
Sec.
21.
EFFECTIVE
DATE.
The
following,
being
deemed
of
12
immediate
importance,
takes
effect
upon
enactment:
13
The
section
of
this
Act
amending
section
513C.10,
subsection
14
1,
paragraph
“a”.
15
Sec.
22.
EFFECTIVE
DATE.
The
following
take
effect
July
1,
16
2026:
17
The
portions
of
the
section
of
this
Act
amending
section
18
8.57C,
subsections
2
and
4.
19
Sec.
23.
APPLICABILITY.
The
following
apply
to
contracts
20
entered
into
or
renewed
on
or
after
July
1,
2025:
21
1.
The
section
of
this
Act
enacting
section
8.94.
22
2.
The
section
of
this
Act
enacting
section
8.95.
23
3.
The
section
of
this
Act
enacting
section
8.96.
24
Sec.
24.
RETROACTIVE
APPLICABILITY.
The
following
applies
25
retroactively
to
January
1,
2020:
26
The
section
of
this
Act
amending
section
513C.10,
subsection
27
1,
paragraph
“a”.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
state
government.
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
the
department
of
management
35
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(DOM)
to
use
moneys
in
the
fund
for
technology
projects
1
using
factors
set
forth
in
the
bill.
The
bill
requires
2
DOM
to
provide
a
prioritized
list
of
proposed
projects
to
3
the
governor,
who
must
use
the
list
to
develop
a
budgetary
4
recommendation
to
the
general
assembly,
and
to
report
completed
5
and
ongoing
projects
to
the
general
assembly
annually.
The
6
bill
strikes
the
standing
appropriation
to
the
technology
7
reinvestment
fund
and
provides
that
any
moneys
in
the
fund
8
shall
remain
available
for
three
years
after
the
appropriation
9
is
made.
10
The
bill
increases
the
frequency
at
which
a
person
11
performing
work
for
DOM
or
an
individual
on
the
information
12
technology
staff
of
a
supported
entity
may
be
subject
to
a
13
national
criminal
history
check
through
the
federal
bureau
of
14
investigation
from
at
least
once
every
10
years
to
every
5
15
years.
16
The
bill
prohibits
the
inclusion
of
certain
provisions
in
17
information
technology
contracts
and
declares
those
provisions
18
void
if
present
in
such
contracts.
The
bill
also
provides
that
19
such
contracts
are
deemed
to
include
provisions
requiring
the
20
contract
to
be
governed
by
Iowa
law
and
litigation
related
to
21
the
contract
to
be
brought
and
maintained
in
a
state
or
federal
22
court
sitting
in
Iowa.
The
bill
authorizes
the
director
of
23
DOM
to
include
limitations
of
vendor
liability
in
information
24
technology
goods
and
services
contracts,
but
sets
forth
25
prohibited
terms
in
such
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
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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
The
bill
excludes
the
state
from
membership
in
the
Iowa
24
individual
health
benefit
reinsurance
association.
This
25
provision
takes
effect
upon
enactment
and
applies
retroactively
26
to
January
1,
2020.
27
-15-
LSB
1362SZ
(2)
91
sc/ns
15/
15