Bill Text: IA SF2375 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act relating to the powers, duties, and responsibilities of state government entities associated with the budget, financial control, and information technology, making penalties applicable, and making appropriations.(Formerly SSB 3173; See SF 2409.)

Spectrum: Committee Bill

Status: (Introduced) 2024-03-07 - Committee report approving bill, renumbered as SF 2409. S.J. 466. [SF2375 Detail]

Download: Iowa-2023-SF2375-Introduced.html

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Senate File 2375 - Introduced
SENATE FILE 2375
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO SSB 3173)
(COMPANION TO LSB 5393HV BY
COMMITTEE ON STATE GOVERNMENT)
A BILL FOR
An Act relating to the powers, duties, and responsibilities
of state government entities associated with the budget,
financial control, and information technology, making
penalties applicable, and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
BUDGET AND FINANCIAL CONTROL —— INFORMATION TECHNOLOGY
Section 1. Section 8.2, Code 2024, is amended to read as
follows:
8.2 Definitions.
When used in this chapter :
1. “Appropriable receipts” means receipts that are available
for appropriation.
2. “Appropriated receipts” means receipts that have been
appropriated by the general assembly.
1. 3. “Block grant” means funds from the federal government
awarded in broad program areas within which the state is given
considerable latitude in determining how funds are used and for
which the state develops its own plan for spending according
to general federal guidelines. “Block grant” does not include
education research grants.
4. “Broadband” means a high-speed, high-capacity electronic
transmission medium, including fixed wireless and mobile
wireless mediums, that can carry data signals from independent
network sources by establishing different bandwidth channels
and that is commonly used to deliver internet services to the
public.
5. “Broadband infrastructure” means the physical
infrastructure used for the transmission of data that provides
broadband services. “Broadband infrastructure” does not include
land, buildings, structures, improvements, or equipment not
directly used in the transmission of data via broadband.
2. 6. “Budget” means the budget document required by this
chapter to be transmitted to the legislature general assembly .
3. 7. “Categorical grant” means federal funds applied
for and received by the state which are in the form of
entitlements, formula grants, discretionary grants, open-ended
entitlements , or another form that may be used only for
specific , narrowly defined activities , except funds for
student aid and assistance; grants, contracts , and cooperative
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agreements for research and training for which no appropriated
matching funds are required; and reimbursements for services
rendered.
4. “Code” or “the Code” means the Code of Iowa.
8. “Communications service provider” means a service
provider that provides broadband service.
9. “Crop operation” means the same as defined in section
717A.1.
10. “Custodial funds” means those funds from various
deposits, taxes, or other means that are properly collected
from, held for, and distributed to individuals, private
organizations, and other governments as provided by law.
5. 11. The terms “department and establishment” and
“department” or “establishment” , “department or establishment”
mean any executive department, commission, board, institution,
bureau, office, or other agency of the state government, by
whatever name called, that uses, expends, or receives any
state government funds, including the state department of
transportation, except for funds which that are required
to match federal aid allotted to the state by the federal
government for highway special purposes, but excluding the
courts and the legislature general assembly .
12. “Facilitate” means a communication service provider’s
ability to provide broadband service at or above the download
and upload speeds specified in the definition of targeted
service area in this section to a home, farm, school, or
business within a commercially reasonable time and at a
commercially reasonable price upon request by a consumer.
13. “General fund” means the general fund of the state
established pursuant to section 444.21.
6. 14. “Government” means the government of the state of
Iowa.
7. “Private trust funds” means any and all endowment
funds and any and all moneys received by a department or
establishment from private persons to be held in trust and
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expended as directed by the donor.
8. “Repayment receipts” means those moneys collected by a
department or establishment that supplement an appropriation
made by the legislature.
15. “Government funds” means all moneys appropriated by the
general assembly, or moneys collected by or for the state, or a
department or establishment of the state, pursuant to authority
granted by law.
16. “Information technology” means computing and electronics
applications used to process and distribute information in
digital and other forms and includes information technology
devices, information technology services, infrastructure
services, broadband and broadband infrastructure, and
value-added services.
17. “Information technology device” means equipment or
associated software, including programs, languages, procedures,
or associated documentation, used in operating the equipment
which is designed for utilizing information stored in an
electronic format. “Information technology device” includes
but is not limited to computer systems, computer networks, and
equipment used for input, output, processing, storage, display,
scanning, and printing.
18. “Information technology services” means services
designed to do any of the following:
a. Provide functions, maintenance, and support of
information technology devices.
b. Provide services including but not limited to any of the
following:
(1) Computer systems application development and
maintenance.
(2) Systems integration and interoperability.
(3) Operating systems maintenance and design.
(4) Computer systems programming.
(5) Computer systems software support.
(6) Planning and security relating to information
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technology devices.
(7) Data management consultation.
(8) Information technology education and consulting.
(9) Information technology planning and policies.
(10) Establishment of local area network and workstation
management policies.
19. “Information technology staff” includes any employees
performing information technology services, including but not
limited to department or establishment employees in information
technology classifications, contractors, temporary workers, and
any other employees providing information technology services.
20. “Infrastructure services” includes all of the following:
a. Data centers used to support mainframe and other
computers and their associated components including servers,
information networks, storage systems, redundant or backup
power systems, redundant data communications connections,
environmental controls, and security devices.
b. Servers, mainframes, or other centralized processing
systems.
c. Storage systems, including but not limited to disk, tape,
optical, and other structured repositories for storing digital
information.
d. Computer networks commonly referred to as local area
networks.
e. Network services, including equipment and software
which support local area networks, campus area networks, wide
area networks, and metro area networks. Network services
also include data network services such as routers, switches,
firewalls, virtual private networks, intrusion detection
systems, access control, internet protocol load balancers,
event logging and correlation, and content caching.
f. Groupware applications used to facilitate collaboration,
communication, and workflow, including electronic mail,
directory services, calendaring and scheduling, and imaging
systems.
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g. Information technology help desk services.
h. Cybersecurity functions and equipment.
i. Digital printing and printing procurement services.
j. Data warehouses, including services that assist in
managing and locating digital information.
k. Disaster recovery technology and services.
l. Cloud computing solutions including but not limited
to solutions based on software as a service, platform as a
service, and infrastructure as a service.
m. Other similar or related services as determined by the
director of the department of management.
21. “Private purpose trust funds” means trust arrangements
under which the principal and income benefit individuals,
private organizations, or other governments. “Private purpose
trust funds” does not include pension or other employee benefit
trust funds or investment trust funds.
9. 22. “Special fund” “Special revenue fund” means any
and all government fees and other revenue receipts earmarked
to finance a governmental agency to which no a general fund
appropriation is not made by the state.
10. “State funds” means any and all moneys appropriated by
the legislature, or money collected by or for the state, or an
agency thereof, pursuant to authority granted by any of its
laws.
23. “Supported entity” means a unit of state government,
which is an authority, board, commission, committee, council,
department, or independent agency as defined in section 7E.4,
including but not limited to each principal central department
enumerated in section 7E.5. However, “supported entity” does
not mean any of the following:
a. The office of the governor or the office of an elective
constitutional or statutory officer.
b. The general assembly, or any office or unit under its
administrative authority.
c. The judicial branch, as provided in section 602.1102.
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d. A political subdivision of the state or its offices
or units, including but not limited to a county, city, or
community college.
e. The state board of regents and institutions operated
under its authority.
24. “Targeted service area” means any of the following:
a. A United States census bureau census block located
in this state, including any crop operation located within
the census block, or other geographic unit the department of
management sets by rule, within which no communications service
provider offers or facilitates broadband service at or above
the tier 1, tier 2, or tier 3 download and upload speeds. As
used in this subsection:
(1) “Tier 1” means a maximum download speed of less than
twenty-five megabits per second and a maximum upload speed of
less than three megabits per second.
(2) “Tier 2” means a minimum download speed of greater than
or equal to twenty-five megabits per second but less than fifty
megabits per second.
(3) “Tier 3” means a minimum download speed of greater than
or equal to fifty megabits per second but less than eighty
megabits per second.
b. Any geographic area, as the department of management sets
by rule, that is materially underserved by broadband service
such that tier 1, tier 2, and tier 3 download and upload speeds
are not meaningfully available. The department of management’s
power to determine the geographic area by rule under this
paragraph includes the power to define and interpret policies
as to whether a geographic area is materially underserved and
broadband service is meaningfully available.
25. “Underserved area” means any portion of a targeted
service area within which no communications service provider
facilitates broadband service meeting the tier 1 download and
upload speeds specified in the definition of targeted service
area.
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11. 26. “Unencumbered balance” means the unobligated
balance of an appropriation after charging thereto to the
appropriation all unpaid liabilities for goods and services and
all contracts or agreements payable from an the appropriation
or a special fund .
27. “Value-added services” means services that offer or
provide unique, special, or enhanced value, benefits, or
features to the customer or user including but not limited to
services in which information technology is specially designed,
modified, or adapted to meet the special or requested needs
of the user or customer; services involving the delivery,
provision, or transmission of information or data that require
or involve additional processing, formatting, enhancement,
compilation, or security; services that provide the customer
or user with enhanced accessibility, security, or convenience;
research and development services; and services that are
provided to support technological or statutory requirements
imposed on supported entities and other governmental entities,
businesses, and the public.
Sec. 2. Section 8.3A, subsection 1, paragraph a, Code 2024,
is amended to read as follows:
a. “Capital project” means a project that consists
of nonroutine repairs and replacements unrelated to new
construction for which the cost is two hundred fifty thousand
dollars or more, new construction, infrastructure or site
development, equipment, or information technology. “Capital
project” includes land acquisition and projects that extend the
useful life of or change the functional use of a facility.
“Capital project” does not include highway and right-of-way
projects or airport capital projects undertaken by the state
department of transportation and financed from dedicated
funds or capital projects funded by nonstate grants, gifts,
or contracts obtained at or through state universities, if
the projects do not require a commitment of additional state
resources for maintenance, operations, or staffing.
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Sec. 3. Section 8.4, Code 2024, is amended to read as
follows:
8.4 Department of management.
The department of management is created, which is directly
attached to the office of the governor and under the general
direction, supervision, and control of the governor. The
office is in immediate charge of an officer to be known
as “the director”, who shall be appointed by the governor,
subject to confirmation by the senate, and shall hold office
at the governor’s pleasure and shall receive a salary as set
by the governor. The director may establish, abolish, and
consolidate divisions within the department of management
when necessary for the efficient performance of the various
functions and duties of the department of management. Before
entering upon the discharge of duties, the director shall
take the constitutional oath of office and give a surety bond
in the penalty fixed by the governor, payable to the state,
which shall not be less than twenty-five thousand dollars,
conditioned upon the faithful discharge of the director’s
duties . The premium on the bond shall be paid out of the state
treasury.
Sec. 4. Section 8.5, subsection 1, Code 2024, is amended to
read as follows:
1. Assistants. Employ, with the approval of the governor,
two assistants and such clerical assistants as the director may
find necessary.
Sec. 5. Section 8.5, Code 2024, is amended by adding the
following new subsections:
NEW SUBSECTION . 5. Investigations. Make such
investigations of the organization, activities, and methods of
procedure of the several departments and establishments as the
director of the department of management may be called upon to
make by the governor or general assembly.
NEW SUBSECTION . 6. Legislative assistance.
a. Furnish to any committee of either house of the general
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assembly having jurisdiction over revenues or appropriations
such assistance and information regarding the financial affairs
of the government as the committee may request.
b. Develop and recommend legislative proposals deemed
necessary for the continued efficiency of the department of
management in performing information technology functions,
and review legislative proposals generated outside of the
department which are related to matters within the department’s
purview.
NEW SUBSECTION . 7. Rules. Make such rules, subject to the
approval of the governor, as may be necessary for effectively
carrying on the work of the department of management. The
director may, with the approval of the executive council,
require any state official, agency, department, or commission,
to require any applicant, registrant, filer, permit holder,
or license holder, whether individual, partnership, trust, or
corporation, to submit to said official, agency, department,
or commission, the social security number or the tax number or
both so assigned to said individual, partnership, trust, or
corporation.
NEW SUBSECTION . 8. Allotments. Perform the necessary work
involved in reviewing requests for allotments as are submitted
to the governor for approval.
NEW SUBSECTION . 9. Budget document. Prepare the budget
document and draft the legislation to make it effective.
NEW SUBSECTION . 10. Taxation transparency and
disclosure. Exercise the powers and perform the duties
and responsibilities of the director and the department as
authorized or required under chapter 8G.
NEW SUBSECTION . 11. General control. Perform such other
duties as may be required to effectively control the financial
operations of the government as limited by this chapter.
NEW SUBSECTION . 12. Capital project budgeting
requests. Compile annually all capital project budgeting
requests of all state agencies, as those terms are defined in
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section 8.3A, and to consolidate the requests, with individual
state agency priorities noted, into a report for submission
with the budget documents by the governor pursuant to section
8.22. Any additional information regarding the capital
project budgeting requests or priorities shall be compiled and
submitted in the same report.
NEW SUBSECTION . 13. Capital project planning and budgeting
authority. Call upon any state agency, as defined in section
8.3A, for assistance the director may require in performing the
director’s duties under subsection 12. All state agencies,
upon the request of the director, shall assist the director and
are authorized to make available to the director any existing
studies, surveys, plans, data, and other materials in the
possession of the state agencies which are relevant to the
director’s duties.
NEW SUBSECTION . 14. State tort claims —— risk management
coordinator. Designate a position within the department of
management to serve as the executive branch’s risk management
coordinator.
a. The risk management coordinator shall have all of the
following responsibilities:
(1) Coordinating and monitoring risk control policies and
programs in the executive branch, including but not limited
to coordination with the employees of departments who are
responsible for the workers’ compensation for state employees
and management of state property.
(2) Consulting with the attorney general with respect to
the risk control policies and programs and trends in claims and
liability of the state under chapter 669.
(3) Coordinating the state’s central data repository for
claims and risk information.
b. The costs of salary, benefits, and support for the risk
management coordinator shall be authorized by the state appeal
board established in chapter 73A and shall be paid as claims
for services furnished to the state under section 25.2.
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NEW SUBSECTION . 15. Salary model administrator. Designate
a position within the department of management to serve as the
salary model administrator.
a. The salary model administrator shall work in conjunction
with the legislative services agency to maintain the state’s
salary model used for analyzing, comparing, and projecting
state employee salary and benefit information, including
information relating to employees of the state board of
regents.
b. The department of revenue, the department of
administrative services, the institutions governed by the state
board of regents pursuant to section 262.7, each judicial
district’s department of correctional services, and the state
department of transportation shall provide salary data to the
department of management and the legislative services agency
to operate the state’s salary model. The format and frequency
of provision of the salary data shall be determined by the
department of management and the legislative services agency.
c. The information shall be used in collective bargaining
processes under chapter 20 and in calculating the funding needs
contained within any annual salary adjustment legislation.
A state employee organization as defined in section 20.3,
subsection 4, may request information produced by the model,
but the information provided shall not contain information
attributable to individual employees.
NEW SUBSECTION . 16. Chief information officer. Designate a
position within the department of management to serve as the
chief information officer for the department and supported
entities, who shall be the sole chief information officer for
the department and supported entities.
NEW SUBSECTION . 17. Gubernatorial advice. Provide advice
to the governor, including advice related to information
technology.
NEW SUBSECTION . 18. Information technology
consultation. Consult with departments and establishments on
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issues related to information technology.
NEW SUBSECTION . 19. Cybersecurity. Exercise the sole
authority in the executive branch of state government for
convening cross-jurisdictional, multi-entity collaborations to
address cybersecurity issues for supported entities.
NEW SUBSECTION . 20. Designation of services —— funding ——
customer council.
a. Establish a process by which the department of
management, in consultation with the department of
administrative services, determines which services provided
by the department of administrative services shall be funded
by an appropriation and which services shall be funded by the
governmental entity receiving the service.
b. Establish a process for determining whether the
department of administrative services shall be the sole
provider of a service for purposes of those services which the
department of management determines under paragraph “a” are to
be funded by the governmental entities receiving the service.
c. (1) Establish, by rule, a customer council responsible
for overseeing the services provided solely by the department
of administrative services. The rules adopted shall provide
for all of the following:
(a) The method of appointment of members to the council by
the governmental entities required to receive the services.
(b) The duties of the customer council which shall be as
follows:
(i) Annual review and approval of the department of
administrative services’ business plan regarding services
provided solely by the department of administrative services.
(ii) Annual review and approval of the procedure for
resolving complaints concerning services provided by the
department of administrative services.
(iii) Annual review and approval of the procedure
for setting rates for the services provided solely by the
department of administrative services.
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(c) A process for receiving input from affected
governmental entities as well as for a biennial review by the
customer council of the determinations made by the department
of management of which services are funded by an appropriation
to the department of administrative services and which services
are funded by the governmental entities receiving the service,
including any recommendations as to whether the department of
administrative services shall be the sole provider of a service
funded by the governmental entities receiving the service. The
department of management, in consultation with the department
of administrative services, may change the determination of
a service if the change is in the best interests of those
governmental entities receiving the service.
(2) If a service to be provided may also be provided to the
judicial branch or legislative branch, then the rules shall
provide that the chief justice of the supreme court may appoint
a member to the customer council, and the legislative council
may appoint a member from the senate and a member from the
house of representatives to the customer council, respectively,
at their discretion.
NEW SUBSECTION . 21. Other powers and duties. Exercise and
perform such other powers and duties as may be prescribed by
law.
Sec. 6. Section 8.8, Code 2024, is amended to read as
follows:
8.8 Special olympics fund —— appropriation.
A special olympics fund is created in the office of the
treasurer of state under the control of the department of
management. There is appropriated annually from the general
fund of the state to the special olympics fund department of
management one hundred thousand dollars for distribution to
one or more organizations which administer special olympics
programs benefiting the citizens of Iowa with disabilities.
Sec. 7. Section 8.9, subsection 1, Code 2024, is amended to
read as follows:
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1. The office of grants enterprise management is
established in the department of management. The function of
the office is to develop and administer a system process to
track , identify, advocate for, and coordinate nonstate block
grants as defined in section 8.2, subsections 1 and 3
and categorical grants . Staffing for the office of grants
enterprise management shall be provided by a facilitator
appointed by the director of the department of management.
Additional staff may be hired, subject to the availability of
funding.
Sec. 8. Section 8.10, Code 2024, is amended to read as
follows:
8.10 Facilitator’s duties.
The specific duties of the facilitator of the office of
grants enterprise management may include the following:
1. Establish Coordinate a grants network representing all
state agencies to assist the grants enterprise management
office in an advisory capacity. Each state agency shall
designate an employee on the management or senior staff
level to serve as the agency’s federal funds coordinator and
represent the agency on the grants network. An agency may not
create a staff position for a federal funds coordinator. The
coordinator’s duties shall be in addition to the duties of the
employee of the agency.
2. Develop a plan for increased state access to funding
sources other than the general fund of the state.
3. Develop procedures to formally notify appropriate state
and local agencies of the availability of discretionary federal
funds and, when necessary, coordinate the application process.
4. 2. Establish an automated information system process
database for grants applied for and received and to track
congressional activity .
5. Provide information and counseling to state agencies and
political subdivisions of the state concerning the availability
and means of obtaining state, federal, and private grants.
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6. Provide grant application writing assistance and
training to state agencies and political subdivisions of the
state, directly or through interagency contracts, cooperative
agreements, or contracts with third-party providers.
7. 3. Monitor the federal register and other federal or
state publications to identify funding opportunities , with
special emphasis on discretionary grants or other funding
opportunities available to the state .
8. Periodically review the funding strategies and methods
of those states that rank significantly above the national
average in the per capita receipt of federal funds to determine
whether those strategies and methods could be successfully
employed by this state.
Sec. 9. NEW SECTION . 8.13 Establishment of funds.
1. The department of management may establish one or more
funds within the state treasury under the control of the
department. Moneys deposited in or accruing to such a fund are
appropriated to the department for purposes of administering
the department.
2. a. Notwithstanding section 8.33, moneys in such a fund
that remain unencumbered or unobligated at the close of a
fiscal year shall not revert but shall remain available for
expenditure for the purposes designated.
b. This subsection does not apply to moneys annually
appropriated to the department of management by the general
assembly in an Act of the general assembly. Such moneys shall
be subject to reversion as otherwise provided by law.
3. Notwithstanding section 12C.7, subsection 2, interest
or earnings on moneys in such a fund shall be credited to the
fund.
Sec. 10. Section 8.21, subsection 1, Code 2024, is amended
to read as follows:
1. Not later than February 1 of each legislative regular
session of the general assembly , the governor shall transmit
to the legislature general assembly a document to be known as
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a budget, setting forth the governor’s financial program for
the ensuing fiscal year and having the character and scope set
forth in sections 8.22 through 8.29 this subchapter .
Sec. 11. Section 8.22, subsection 1, Code 2024, is amended
to read as follows:
1. Part I —— Governor’s budget message. Part I shall consist
of the governor’s budget message, in which the governor shall
set forth all of the following:
a. Part I shall consist of the governor’s budget message, in
which the governor shall set forth:
(1) (a) The governor’s program for meeting all the
expenditure needs of the government for the fiscal year,
indicating the classes of funds, general or special, from which
appropriations are to be made and the means through which
the expenditures shall be financed. The governor’s program
shall include a single budget request for all capital projects
proposed by the governor. The request shall include but is not
limited to all of the following:
(b) The governor’s program shall include a single budget
request for all capital projects proposed by the governor. The
request shall include but is not limited to the following:
(i) (1) The purpose and need for each capital project.
(ii) (2) A priority listing of capital projects.
(iii) (3) The costs of acquisition, lease, construction,
renovation, or demolition of each capital project.
(iv) (4) The identification of the means and source of
funding each capital project.
(v) (5) The estimated operating costs of each capital
project after completion.
(vi) (6) The estimated maintenance costs of each capital
project after completion.
(vii) (7) The consequences of delaying or abandoning each
capital project.
(viii) (8) Alternative approaches to meeting the purpose or
need for each capital project.
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(ix) (9) Alternative financing mechanisms.
(x) (10) A cost-benefit analysis or economic impact of each
capital project.
b. (1) Financial statements giving in summary form:
(a) The condition of the treasury at the end of the last
completed fiscal year, the estimated condition of the treasury
at the end of the year in progress, and the estimated condition
of the treasury at the end of the following fiscal year if the
governor’s budget proposals are put into effect.
(b) Statements showing the bonded indebtedness of the
government, debt authorized and unissued, debt redemption and
interest requirements, and condition of the sinking funds, if
any.
(c) A summary of appropriations recommended for the
following fiscal year for each department and establishment
and for the government as a whole, in comparison with the
actual expenditures for the last completed fiscal year and the
estimated expenditures for the year in progress.
(d) A summary of the revenue, estimated to be received by
the government during the following fiscal year, classified
according to sources, in comparison with the actual revenue
received by the government during the last completed fiscal
year and estimated income during the year in progress.
(e) A statement of federal funds received in the form of
block or categorical grants which were not included in the
governor’s budget for the previous fiscal year and a statement
of anticipated block grants and categorical grants. The
budget shall indicate how the federal funds will be used and
the programs to which they will be allocated. The amount of
state government funds required to implement the programs to
which the federal funds will apply shall also be indicated.
The departments and establishments shall provide information
to the director on the anticipated federal block grants and
categorical grants to be received on or before November 1 of
each year. The director shall use this information to develop
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an annual update of the statement of federal funds received
which shall be provided to the general assembly.
(f) Other financial statements, data, and comments as in the
governor’s opinion are necessary or desirable in order to make
known in all practicable detail the financial condition and
operation of the government and the effect that the budget as
proposed by the governor will have on the financial condition
and operation.
(g) A separate report containing a complete list of all
standing appropriations showing the amount or estimated
amount of each appropriation and the purpose for which the
appropriation is made.
(2) If the estimated revenues of the government for the
ensuing fiscal year as set forth in the budget on the basis of
existing laws, plus the estimated amounts in the treasury at
the close of the year in progress, available for expenditure in
the ensuing fiscal year are less than the aggregate recommended
for the ensuing fiscal year as contained in the budget, the
governor shall make recommendations to the legislature in
respect to the manner in which the deficit shall be met,
whether by an increase in the state tax or the imposition of
new taxes, increased rates on existing taxes, or otherwise,
and if the aggregate of the estimated revenues, plus estimated
balances in the treasury, is greater than the recommended
appropriations for the ensuing fiscal year, the governor shall
make recommendations in reference to the application of the
surplus to the reduction of debt or otherwise, to the reduction
in taxation, or to such other action as in the governor’s
opinion is in the interest of the public welfare.
c. Supplemental estimates for such appropriations as in
the governor’s judgment may be necessary or otherwise in the
public interest. The governor shall accompany such estimates
with a statement of the reasons therefor, including the
reasons for their omission from a prior budget, if applicable.
Whenever such supplemental estimates amount to an aggregate
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which, if they had been contained in a prior budget, would
have required the governor to make a recommendation for the
raising of additional revenue, the governor shall make such
recommendation.
Sec. 12. Section 8.22A, subsection 2, Code 2024, is amended
to read as follows:
2. The conference shall meet as often as deemed necessary,
but shall meet at least three times per year with at least
one meeting taking place each year in March. The conference
may use sources of information deemed appropriate. At each
meeting, the conference shall agree to estimates for the
current fiscal year and the following fiscal year for the net
appropriable receipts of the revenues of the general fund of
the state, lottery revenues as described in section 99G.39,
subsection 1, to be available for disbursement, and from
gambling revenues described in section 8.57, subsection 5,
paragraph “f” , and from interest earned on the cash reserve
fund and the economic emergency fund to be deposited in the
rebuild Iowa infrastructure fund. At the meeting taking place
each year in March, in addition to agreeing to estimates
for the current fiscal year and the following fiscal year,
the conference shall agree to estimates for the fiscal year
beginning July 1 of the following calendar year. Only an
estimate for the following fiscal year agreed to by the
conference pursuant to subsection 3 , 4, or 5, shall be used
for purposes of calculating the state general fund expenditure
limitation under section 8.54 , and any other estimate agreed
to shall be considered a preliminary estimate that shall not
be used for purposes of calculating the state general fund
expenditure limitation.
Sec. 13. Section 8.22A, subsections 4 and 5, Code 2024, are
amended by striking the subsections.
Sec. 14. Section 8.23, subsection 1, unnumbered paragraph
1, Code 2024, is amended to read as follows:
On or before October 1, prior to each legislative regular
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session of the general assembly , all departments and
establishments of the government shall transmit to the director
of the department of management , on blanks to be furnished
in a format designated by the director, estimates of their
expenditure requirements , including every proposed expenditure,
for the ensuing fiscal year, together with supporting data and
explanations as called for by the director after consultation
with the legislative services agency.
Sec. 15. Section 8.23, subsection 1, paragraphs a and d,
Code 2024, are amended to read as follows:
a. The estimates of expenditure requirements shall be
in a form specified by the director, and the expenditure
requirements shall include all proposed expenditures and shall
be prioritized by program or the results to be achieved. The
estimates shall be accompanied by performance measures for
evaluating the effectiveness of the programs or results.
d. The director shall furnish designate standard
budget request forms formats to each department or agency
establishment of state government.
Sec. 16. Section 8.26, Code 2024, is amended to read as
follows:
8.26 Hearings.
Immediately upon the receipt of the tentative budget
provided for by section 8.25 the The governor shall make
provision for public hearings thereon on the estimates of
expenditure requirements required by section 8.23 , at which
the governor may require the attendance of the heads and other
officers of all departments, establishments , and other persons
receiving or requesting the grant of state government funds
and the giving by them of such explanations and suggestions as
they may be called upon to give or as they may desire to offer
in respect to items of requested appropriations in which they
are interested. The governor shall also extend invitations
to the governor-elect and the director of the department of
management to be present at such hearings and to participate in
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the hearings through the asking of questions or the expression
of opinion in regard to the items of the tentative budget
estimates .
Sec. 17. Section 8.29, Code 2024, is amended to read as
follows:
8.29 Regents universities —— uniform accounting system.
The state board of regents, with the approval of the director
of the department of management, shall establish a uniform
budgeting and accounting system for the institutions of higher
education under its control, and shall require each of the
institutions of higher education to begin operating operate
under the uniform system not later than June 30, 1994 .
Sec. 18. Section 8.31, subsections 3 and 5, Code 2024, are
amended to read as follows:
3. The allotment requests of all departments and
establishments collecting governmental fees and other
revenue which supplement a state appropriation shall attach
to the summary of requests a statement showing how much
of the proposed allotments are to be financed from state
appropriations, stores, and repayment appropriated receipts.
5. If the governor determines that the estimated budget
resources during the fiscal year are insufficient to pay all
appropriations in full, the reductions shall be uniform and
prorated between all departments , agencies, and establishments
upon the basis of their respective appropriations.
Sec. 19. Section 8.32, Code 2024, is amended to read as
follows:
8.32 Conditional availability of appropriations ——
applicability of chapter .
1. All appropriations made to any department or
establishment of the government as receive receivable or
collect collectable moneys available for expenditure by them
under present laws law , are declared to be in addition to such
repayment appropriated receipts, and such appropriations are
to be available as and to the extent that such receipts are
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insufficient to meet the costs of administration, operation,
and maintenance, or and public improvements of such departments
or establishments, provided all of the following conditions are
met :
a. Provided, that such Such receipts or collections shall be
are deposited in the state treasury as part of the general fund
or special revenue funds in all cases, except those collections
made by the state fair board, the institutions under the state
board of regents, and the natural resource commission.
b. Provided further, that no repayment Appropriated receipts
shall be are not available for expenditures until allotted as
provided in section 8.31 ; and .
c. Provided further, that the The collection of repayment
appropriated receipts by the state fair board and the
institutions under the state board of regents shall be are
deposited in a bank or banks duly designated and qualified as
state depositories, in the name of the state of Iowa, for the
use of such boards and institutions, and such funds shall be
are available only on the check of such boards or institutions
depositing them, which are hereby authorized to withdraw such
funds, but only after allotment by the governor as provided in
section 8.31 ; and .
d. 2. a. Provided further, that this This chapter shall
does not apply to endowment or private purpose trust funds or
to gifts to institutions owned or controlled by the state or to
the income from such endowment or private purpose trust funds,
or to private custodial funds belonging to students or inmates
of state institutions.
2. b. The provisions of this This chapter shall not be
construed to prohibit the state fair board from creating an
emergency or sinking fund out of the receipts of the state fair
and state appropriation for the purpose of taking care of any
emergency that might arise beyond the control of the board of
not to exceed three hundred thousand dollars. Neither shall
this
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c. This chapter shall not be construed to prohibit the state
fair board from retaining an additional sum of not to exceed
three hundred fifty thousand dollars to be used in carrying out
the provisions of chapter 173 .
Sec. 20. Section 8.35, Code 2024, is amended to read as
follows:
8.35 General supervisory control.
The governor and the director of the department of
management and any officer of the department of management,
when authorized by the governor, are hereby authorized to make
such inquiries regarding the receipts, custody, and application
of state government funds, existing organization, activities,
and methods of business of the departments and establishments,
assignments of particular activities to particular services
and regrouping of such services, as in the opinion of the
governor, will enable the governor to make recommendations to
the legislature general assembly , and, within the scope of the
powers possessed by the governor, to order action to be taken,
having for their purpose to bring about increased economy and
efficiency in the conduct of the affairs of government.
Sec. 21. Section 8.35A, subsection 4, Code 2024, is amended
to read as follows:
4. A government agency which receives state government
funds directly from the state or indirectly through a political
subdivision as directed by statute and which is not a city,
county, or school district is subject to this subsection . A
government agency which is subject to this subsection shall
submit a copy of its budget to the legislative services agency,
identifying it as being submitted under this subsection , when
the budget of that government agency has received approval
from the governing head or body of that agency. The copy of
the budget submitted to the legislative services agency shall
be on the budget forms provided in the format designated by
the department of management to state agencies under this
chapter section 8.23 . The government agency shall also submit
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a statement identifying any funds available to the agency which
are not included in the budget.
Sec. 22. NEW SECTION . 8.48 Local budgets —— forms and
procedures.
1. The director of the department of management shall
consult with all state officers and agencies which receive
reports and forms from county officers, in order to devise
standardized reports and forms which will permit computer
processing of the information submitted by county officers,
and prescribe forms on which each municipality, at the time
of preparing estimates required under section 24.3, shall be
required to compile in parallel columns all of the following
data and estimates for immediate availability to any taxpayer
upon request:
a. For the immediate prior fiscal year, revenue from all
sources, other than revenue received from property taxation,
allocated to each of the several funds and separately stated
as to each such source, and for each fund the unencumbered
cash balance thereof at the beginning and end of the year, the
amount received by property taxation allocated to each fund,
and the amount of actual expenditure for each fund.
b. For the current fiscal year, actual and estimated
revenue, from all sources, other than revenue received from
property taxation, and separately stated as to each such
source, allocated to each of the several funds, and for each
fund the actual unencumbered cash balance available at the
beginning of the year, the amount to be received from property
taxation allocated to each fund, and the amount of actual and
estimated expenditures, whichever is applicable.
c. For the proposed budget year, an estimate of revenue from
all sources, other than revenue to be received from property
taxation, separately stated as to each such source, to be
allocated to each of the several funds, and for each fund the
actual or estimated unencumbered cash balance, whichever is
applicable, to be available at the beginning of the year, the
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amount proposed to be received from property taxation allocated
to each fund, and the amount proposed to be expended during
the year plus the amount of cash reserve, based on actual
experience of prior years, which shall be the necessary cash
reserve of the budget adopted exclusive of capital outlay
items. The estimated expenditures plus the required cash
reserve for the ensuing fiscal year less all estimated or
actual unencumbered balances at the beginning of the year and
less the estimated income from all sources other than property
taxation shall equal the amount to be received from property
taxes, and such amount shall be shown on the proposed budget
estimate.
2. To ensure uniformity, accuracy, and efficiency in the
preparation of budget estimates by municipalities subject to
chapter 24, the director shall prescribe the procedures to be
used and instruct the appropriate officials of the various
municipalities on implementation of the procedures.
Sec. 23. Section 8.54, subsection 1, unnumbered paragraph
1, Code 2024, is amended to read as follows:
For the purposes of section 8.22A , this section , and
sections 8.55 through 8.57 section 8.56 :
Sec. 24. Section 8.54, subsection 5, paragraph a, Code 2024,
is amended to read as follows:
a. For fiscal years in which it is anticipated that the
distribution of moneys from the Iowa economic emergency fund in
accordance with section 8.55 8.56 , subsection 2 3 , will result
in moneys being transferred to the general fund of the state,
the original state general fund expenditure limitation amount
provided for in subsection 3 shall be readjusted to include the
amount of moneys anticipated to be so transferred.
Sec. 25. Section 8.56, subsection 1, Code 2024, is amended
to read as follows:
1. A cash reserve fund is created in the state treasury.
The cash reserve fund shall be separate from the general fund
of the state and shall not be considered part of the general
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fund of the state except in determining the cash position of
the state as provided in subsection 3 . The moneys in the cash
reserve fund are not subject to section 8.33 and shall not
be transferred, used, obligated, appropriated, or otherwise
encumbered except as provided in this section . Notwithstanding
section 12C.7, subsection 2 , interest or earnings on moneys
deposited in the cash reserve fund shall be credited to the
rebuild Iowa infrastructure fund created in section 8.57 .
Moneys in the cash reserve fund may be used for cash flow
purposes during a fiscal year provided that any moneys so
allocated are returned to the cash reserve fund by the end of
that fiscal year.
Sec. 26. Section 8.56, subsections 2, 3, and 4, Code 2024,
are amended by striking the subsections and inserting in lieu
thereof the following:
2. At the conclusion of a fiscal year, the surplus is
transferred to the cash reserve fund. As used in this
subsection, “surplus” means the excess of revenues and other
financing sources over expenditures and other financing uses
for the general fund of the state in a fiscal year.
3. The maximum balance of the cash reserve fund is twelve
and one-half percent of the adjusted revenue estimate. If
the amount in the cash reserve fund is equal to the maximum
balance, moneys in excess of this amount shall be distributed
as follows:
a. The difference between the actual net revenue for the
general fund of the state for the fiscal year and the adjusted
revenue estimate for the fiscal year shall be transferred to
the taxpayer relief fund created in section 8.57E.
b. The remainder of the excess, if any, shall be transferred
to the general fund of the state.
4. a. Except as provided in paragraphs “b” , “c” , and
“d” , the moneys in the cash reserve fund shall only be used
pursuant to an appropriation made by the general assembly. An
appropriation shall only be made for the fiscal year in which
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the appropriation is made.
b. Moneys in the cash reserve fund may be used for cash
flow purposes during a fiscal year provided that any moneys so
allocated are returned to the cash reserve fund by the end of
that fiscal year.
c. There is appropriated from the cash reserve fund to the
executive council an amount sufficient to pay the expenses
authorized by the executive council, as specified in section
7D.29.
d. There is appropriated from the cash reserve fund to the
general fund of the state an amount not to exceed one percent
of the adjusted revenue estimate for the fiscal year for which
the appropriation is made. This appropriation is contingent
upon all of the following having occurred:
(1) Prior to an appropriation being made pursuant to this
paragraph, the balance of the general fund of the state at the
end of the fiscal year for which the appropriation is made is
negative.
(2) The governor issues an official proclamation and
notifies the legislative fiscal committee and the legislative
services agency that the balance of the general fund is
negative and that an appropriation made pursuant to this
paragraph brings the general fund of the state into balance.
e. If an appropriation is made pursuant to paragraph “a” or
“d” for a fiscal year, there is appropriated from the general
fund of the state to the cash reserve fund for the following
fiscal year the amount of the appropriation made pursuant to
paragraph “a” or “d” .
Sec. 27. Section 8.57, subsections 1, 2, 3, 4, and 6, Code
2024, are amended by striking the subsections.
Sec. 28. Section 8.57, subsection 5, paragraph a,
unnumbered paragraph 1, Code 2024, is amended to read as
follows:
A rebuild Iowa infrastructure fund is created under the
authority of the department of management. The fund shall
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consist of appropriations made to the fund and transfers of
interest, earnings, and moneys from other funds as provided by
law. The rebuild Iowa infrastructure fund shall be separate
from the general fund of the state and the balance in the
rebuild Iowa infrastructure fund shall not be considered part
of the balance of the general fund of the state. However, the
rebuild Iowa infrastructure fund shall be considered a special
account for the purposes of section 8.53 , relating to generally
accepted accounting principles.
Sec. 29. Section 8.57, subsection 5, paragraphs d and e,
Code 2024, are amended by striking the paragraphs.
Sec. 30. Section 8.57, subsection 5, paragraph f,
subparagraph (1), subparagraph division (b), Code 2024, is
amended by striking the subparagraph division.
Sec. 31. Section 8.57, subsection 5, paragraph f,
subparagraph (1), subparagraph division (d), subparagraph
subdivision (i), Code 2024, is amended by striking the
subparagraph subdivision.
Sec. 32. Section 8.57, subsection 5, paragraph f,
subparagraph (1), subparagraph division (g), Code 2024, is
amended to read as follows:
(g) For the fiscal year beginning July 1, 2018, and for
each fiscal year thereafter, the total moneys in excess of the
moneys deposited under this paragraph “f” in the revenue bonds
debt service fund, the revenue bonds federal subsidy holdback
fund, the vision Iowa fund, the water quality infrastructure
fund, the Iowa skilled worker and job creation fund, and the
general fund of the state shall be deposited in the rebuild
Iowa infrastructure fund and shall be used as provided in this
section , notwithstanding section 8.60 .
Sec. 33. Section 8.57, subsection 5, paragraph g, Code 2024,
is amended by striking the paragraph.
Sec. 34. Section 8.57A, subsection 1, Code 2024, is amended
to read as follows:
1. An environment first fund is created under the authority
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of the department of management. The fund shall consist of
appropriations made to the fund and transfers of interest,
earnings, and moneys from other funds as provided by law. The
fund shall be separate from the general fund of the state
and the balance in the fund shall not be considered part of
the balance of the general fund of the state. However, the
fund shall be considered a special account for the purposes
of section 8.53 , relating to generally accepted accounting
principles.
Sec. 35. Section 8.57B, subsection 2, Code 2024, is amended
to read as follows:
2. The fund shall be separate from the general fund of the
state and the balance in the fund shall not be considered part
of the balance of the general fund of the state. However, the
fund shall be considered a special account for the purposes
of section 8.53 , relating to generally accepted accounting
principles.
Sec. 36. Section 8.57C, subsection 1, Code 2024, is amended
to read as follows:
1. A technology reinvestment fund is created under the
authority of the department of management. The fund shall
consist of appropriations made to the fund and transfers of
interest, earnings, and moneys from other funds as provided by
law. The fund shall be separate from the general fund of the
state and the balance in the fund shall not be considered part
of the balance of the general fund of the state. However, the
fund shall be considered a special account for the purposes
of section 8.53 , relating to generally accepted accounting
principles.
Sec. 37. Section 8.57C, subsection 3, paragraphs a, b, c,
d, e, f, g, h, i, and j, Code 2024, are amended by striking the
paragraphs.
Sec. 38. Section 8.57D, subsection 3, Code 2024, is amended
to read as follows:
3. The levee improvement fund shall be separate from the
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general fund of the state and the balance in the fund shall
not be considered part of the balance of the general fund of
the state. However, the fund shall be considered a special
account for the purposes of section 8.53 , relating to generally
accepted accounting principles.
Sec. 39. Section 8.57E, subsection 2, paragraph b,
subparagraph (1), Code 2024, is amended to read as follows:
(1) For the fiscal year beginning July 1, 2023, and for
each fiscal year thereafter, if the actual net revenue for the
general fund of the state for the fiscal year plus the amount
transferred to the general fund of the state under section 8.55
8.56 , subsection 2 3 , paragraph “b” , for the fiscal year, if
any, is less than one hundred three and one-half percent of
the actual net revenue for the general fund of the state for
the prior fiscal year, there is transferred from the taxpayer
relief fund to the general fund of the state an amount equal to
the difference or the remaining balance of the taxpayer relief
fund, whichever is lower, subject to subparagraph (2).
Sec. 40. Section 8.57E, subsection 3, Code 2024, is amended
to read as follows:
3. a. Moneys in the taxpayer relief fund may be used for
cash flow purposes during a fiscal year provided that any
moneys so allocated are returned to the fund by the end of that
fiscal year.
b. Except as provided in section 8.58 , the taxpayer relief
fund shall be considered a special account for the purposes of
section 8.53 in determining the cash position of the general
fund of the state for the payment of state obligations.
Sec. 41. Section 8.57F, subsection 1, paragraph d, Code
2024, is amended by striking the paragraph.
Sec. 42. Section 8.57G, subsections 3 and 4, Code 2024, are
amended to read as follows:
3. Except as provided in section 8.58 , the fund shall be
considered a special account for the purposes of section 8.53
in determining the cash position of the general fund of the
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state for the payment of state obligations. Notwithstanding
section 8.33 , moneys in the fund that remain unencumbered or
unobligated at the close of a fiscal year shall not revert
but shall remain available for expenditure for the purposes
designated. Notwithstanding section 12C.7, subsection 2 ,
interest or earnings on moneys in the fund shall be credited
to the fund.
4. This section is repealed July 1, 2025 2027 .
Sec. 43. Section 8.57H, subsections 3 and 4, Code 2024, are
amended to read as follows:
3. Except as provided in section 8.58 , the fund shall be
considered a special account for the purposes of section 8.53
in determining the cash position of the general fund of the
state for the payment of state obligations. Notwithstanding
section 8.33 , moneys in the fund that remain unencumbered or
unobligated at the close of a fiscal year shall not revert
but shall remain available for expenditure for the purposes
designated. Notwithstanding section 12C.7, subsection 2 ,
interest or earnings on moneys in the fund shall be credited
to the fund.
4. This section is repealed July 1, 2025 2027 .
Sec. 44. NEW SECTION . 8.57I Sports wagering receipts fund.
1. A sports wagering receipts fund is created in the state
treasury under the authority of the department of management.
The fund shall consist of appropriations made to the fund and
transfers of interest, earnings, and moneys from other funds
or sources as provided by law. The sports wagering receipts
fund shall be separate from the general fund of the state and
the balance in the sports wagering receipts fund shall not
be considered part of the balance of the general fund of the
state.
2. Moneys in the sports wagering receipts fund are not
subject to section 8.33. Notwithstanding section 12C.7,
subsection 2, interest or earnings on moneys in the sports
wagering receipts fund shall be credited to the fund. Moneys
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in the sports wagering receipts fund may be used for cash flow
purposes during a fiscal year provided that any moneys so
allocated are returned to the fund by the end of that fiscal
year.
3. Moneys in the sports wagering receipts fund in a fiscal
year shall be used as directed by the general assembly.
4. Annually, on or before January 15 of each year, a
state agency that received an appropriation from the sports
wagering receipts fund shall report to the legislative services
agency and the department of management the status of all
projects completed or in progress. The report shall include
a description of the project, the progress of work completed,
the total estimated cost of the project, a list of all revenue
sources being used to fund the project, the amount of funds
expended, the amount of funds obligated, and the date the
project was completed or an estimated completion date of the
project, where applicable.
5. Annually, on or before December 31 of each year, a
recipient of moneys from the sports wagering receipts fund
for any purpose shall report to the state agency to which the
moneys are appropriated the status of all projects completed
or in progress. The report shall include a description of the
project, the progress of work completed, the total estimated
cost of the project, a list of all revenue sources being used
to fund the project, the amount of funds expended, the amount
of funds obligated, and the date the project was completed or
an estimated completion date of the project, where applicable.
Sec. 45. Section 8.58, Code 2024, is amended to read as
follows:
8.58 Exemption from automatic application.
1. To the extent that moneys appropriated under section
8.57 do not result in moneys being credited to the general
fund under section 8.55, subsection 2 , moneys appropriated
under section 8.57 and If moneys are not transferred to the
general fund of the state pursuant to section 8.56, subsection
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3, moneys contained in the cash reserve fund, rebuild Iowa
infrastructure fund, environment first fund, Iowa economic
emergency fund, taxpayer relief fund, state bond repayment
fund, Iowa coronavirus fiscal recovery fund, and Iowa
coronavirus capital projects fund , and Iowa skilled worker and
job creation fund shall not be considered in the application
of any formula, index, or other statutory triggering mechanism
which would affect appropriations, payments, or taxation rates,
contrary provisions of the Code law notwithstanding.
2. To the extent that moneys appropriated under section
8.57 do not result in moneys being credited to the general
fund under section 8.55, subsection 2 , moneys appropriated
under section 8.57 and If moneys are not transferred to the
general fund of the state pursuant to section 8.56, subsection
3, moneys contained in the cash reserve fund, rebuild Iowa
infrastructure fund, environment first fund, Iowa economic
emergency fund, taxpayer relief fund, state bond repayment
fund, Iowa coronavirus fiscal recovery fund, and Iowa
coronavirus capital projects fund , and Iowa skilled worker and
job creation fund shall not be considered by an arbitrator or
in negotiations under chapter 20 .
Sec. 46. Section 8.70, Code 2024, is amended to read as
follows:
8.70 Lean enterprise and change management office.
1. For purposes of this section , “lean” :
a. “Change management” means the application of a structured
approach to the transition of an organization and its workforce
from a current state to a future state to achieve expected
benefits. “Change management” includes preparing and supporting
employees, establishing the necessary steps for change, and
monitoring activities to ensure successful implementation.
b. “Lean” means a business-oriented system for organizing
and managing product development, operations, suppliers, and
customer relations to create precise customer value, expressed
as providing goods and services with higher quality and fewer
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defects and errors, with less human effort, less space, less
capital, and less time than more traditional systems.
2. The office of lean enterprise and change management is
established in the department of management. The function
of the office is to ensure implementation of lean tools and
enterprises change management as a component components of
a performance management system for all executive branch
agencies. Staffing for the office of lean enterprise shall be
provided by an administrator appointed by the director of the
department of management.
3. The duties of the office of lean enterprise may include
the following:
a. Create a standardized approach to change that achieves
expected benefits and organizational goals.
a. b. Create strategic and tactical approaches for lean
implementation, including integration into state governance and
operational systems.
b. c. Lead and develop state government’s capacity to
implement lean and change management tools and enterprises
structures , including design and development of instructional
materials as needed with the goal of integrating continuous
improvement and change management into the organizational
culture.
c. d. (1) Create demand for lean and change management
tools and enterprises initiatives in departments and
establishments .
(2) Communicate with agency directors, boards, commissions,
and senior management to create interest and organizational
will to implement lean and change management tools and
enterprises to improve agency results.
(3) Provide direction and advice to department heads and
senior management to plan and implement departmental lean and
change management programs.
(4) Direct and review plans for leadership and assist with
the selection of identifying and selecting process improvement
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projects of key importance to agency goals, programs, and
missions.
d. (1) Identify and assist departments in identifying
potential lean projects.
(2) e. Continuously evaluate organizational performance
in meeting objectives, identify and structure the direction
the that change management and lean implementation should take
to provide greatest effectiveness, and justify critical and
far-reaching changes.
e. f. (1) Lead the collection and reporting of data and
learning related to lean and change management accomplishments.
(2) Widely disseminate lean and change management results
and learning with Iowans, stakeholders, and other members
of the public to demonstrate the benefits and return on
investment.
f. g. (1) Evaluate the effect of unforeseen developments
on plans and programs and present to agency directors, boards,
commissions, and senior management suggested changes in overall
direction.
(2) Provide input related to proposals regarding new or
revised legislation, regulations, and related changes which
have a direct impact over the implementation.
g. h. Lead the development of alliances and partnerships
with the business community, associations, consultants, and
other stakeholders to enhance external support and advance
the implementation of lean and change management tools and
enterprises in state government.
h. i. Lead relations with the general assembly and staff
to build support for and understanding of lean and change
management work in state government.
Sec. 47. Section 8.75, subsection 2, Code 2024, is amended
to read as follows:
2. The Iowa skilled worker and job creation fund shall be
separate from the general fund of the state and the balance
in the Iowa skilled worker and job creation fund shall not
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be considered part of the balance of the general fund of the
state. However, the Iowa skilled worker and job creation
fund shall be considered a special account for the purposes
of section 8.53 , relating to generally accepted accounting
principles. Moneys in the fund may be used for cash flow
purposes during a fiscal year provided that any moneys so
allocated are returned to the fund by the end of that fiscal
year. Notwithstanding section 8.33 , moneys in the fund at the
end of each fiscal year shall not revert to any other fund but
shall remain in the fund for expenditure in subsequent fiscal
years.
Sec. 48. NEW SECTION . 8.76 Subchapter definitions.
As used in this subchapter, unless the context otherwise
requires:
1. “Department” means the department of management.
2. “Director” means the director of the department of
management.
Sec. 49. Section 8B.4A, Code 2024, is amended to read as
follows:
8B.4A Background checks.
An applicant for employment with the office department ,
or an applicant for employment with a participating agency
supported entity for a position as information technology
staff, may be subject to a background investigation by the
office department . The background investigation may include,
without limitation, a work history, financial review, request
for criminal history data, and national criminal history check
through the federal bureau of investigation. In addition,
a contractor, vendor, employee, or any other individual
performing work for the office department , or an individual
on the information technology staff of a participating agency
supported entity , may be subject to a national criminal history
check through the federal bureau of investigation at least once
every ten years, including, without limitation, any time the
office department or participating agency supported entity
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has reason to believe an individual has been convicted of a
crime. The office department may request the national criminal
history check and, if requested, shall provide the individual’s
fingerprints to the department of public safety for submission
through the state criminal history repository to the federal
bureau of investigation. The individual shall authorize
release of the results of the national criminal history check
to the office department and the applicable participating
agency supported entity . The office department shall pay the
actual cost of the fingerprinting and national criminal history
check, if any, unless otherwise agreed as part of a contract
between the office department or participating agency supported
entity and a vendor or contractor performing work for the
office department or participating agency supported entity .
The results of a criminal history check conducted pursuant to
this section shall not be considered a public record under
chapter 22 .
Sec. 50. Section 8B.6, Code 2024, is amended to read as
follows:
8B.6 Acceptance of funds.
The office department of management may receive and accept
donations, grants, gifts, and contributions in the form of
moneys, services, materials, or otherwise, from the United
States or any of its agencies, from this state or any of its
agencies, or from any other person, and expend such moneys,
services, materials, or other contributions, or issue grants,
in carrying out the operations of the office department . All
federal grants to and the federal receipts of the office
department are appropriated for the purpose set forth in such
federal grants or receipts. The office department shall report
annually to the general assembly on or before September 1 the
donations, grants, gifts, and contributions with a monetary
value of one thousand dollars or more that were received during
the most recently concluded fiscal year.
Sec. 51. Section 8B.10, subsections 1 and 2, Code 2024, are
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amended to read as follows:
1. The determination of whether a communications service
provider facilitates broadband service meeting the tier
1, tier 2, or tier 3 download and upload speeds specified
in the definition of targeted service area in section 8B.1
shall be determined or ascertained by reference to broadband
availability maps or data sources that are identified
by the office department by rule. The office department
shall periodically make renewed determinations of whether
a communications service provider facilitates broadband
service at or above the tier 1, tier 2, or tier 3 download
and upload speeds specified in the definition of targeted
service area in section 8B.1 , which shall, to the extent
updated maps and data sources are available at the time,
include making such determinations prior to each round of grant
applications solicited by the office department pursuant to
section 8B.11 . The office department is not required to make
renewed determinations of whether a communications service
provider facilitates broadband service at or above the tier
1, tier 2, or tier 3 download and upload speeds specified in
the definition of targeted service area in section 8B.1 more
frequently than once in any calendar year.
2. The office department shall establish procedures to
allow challenges to the office’s department’s finding on
whether an area meets the definition of targeted service area.
Sec. 52. Section 8B.11, Code 2024, is amended to read as
follows:
8B.11 Empower rural Iowa —— broadband grants —— fund.
1. The office department shall administer a broadband
grant program designed to reduce or eliminate unserved and
underserved areas in the state, leveraging federal funds and
public and private partnerships where possible, by awarding
grants to communications service providers that reduce or
eliminate targeted service areas by installing broadband
infrastructure that facilitates broadband service in accordance
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with the following:
a. The broadband infrastructure facilitates broadband
service that provides a minimum download speed of one hundred
megabits per second and a minimum upload speed of one hundred
megabits per second in a targeted service area within which no
communications service provider offers or facilitates broadband
service that provides download and upload speeds less than or
equal to the tier 1 download and upload speeds specified in the
definition of targeted service area in section 8B.1 .
b. The broadband infrastructure facilitates broadband
service that provides a minimum download speed of one hundred
megabits per second and a minimum upload speed of one hundred
megabits per second in a targeted service area within which no
communications service provider offers or facilitates broadband
service that provides any of the following:
(1) Download speeds less than or equal to the tier 2
download speed specified in the definition of targeted service
area in section 8B.1 .
(2) Download speeds less than or equal to the tier 3
download speed specified in the definition of targeted service
area in section 8B.1 .
2. a. An empower rural Iowa broadband grant fund is
established in the state treasury under the authority of the
office department . The fund shall consist of moneys available
to and obtained or accepted by the office department . Moneys
in the fund are appropriated to the office department to be
used for the grant program, including for broadband mapping and
the administration and operation of the grant program, and for
the fiberoptic network conduit installation program established
in section 8B.25 .
b. The office department shall use moneys in the fund to
provide grants to communications service providers pursuant
to this section and to lead and coordinate the fiberoptic
network conduit installation program pursuant to section
8B.25 . The office department may use not more than two and
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one-half percent of the moneys in the fund at the beginning of
the fiscal year to pay the costs and expenses associated with
the administration and operation of the grant program and the
fiberoptic network conduit installation program. The office
department shall use moneys in the fund to leverage available
federal moneys if possible.
c. Notwithstanding section 8.33 , moneys in the fund
that remain unencumbered or unobligated at the close of the
fiscal year shall not revert but shall remain available for
expenditure for the purposes designated until three years
following the last day of the fiscal year in which the funds
were originally appropriated.
d. Notwithstanding paragraph “c” or any provision to the
contrary, moneys in the fund that have been awarded but not
paid to a communications service provider shall not revert but
shall remain available to the office department for purposes of
administering the award in a manner consistent with the terms
and conditions of any corresponding contract or grant agreement
governing the administration of the award.
3. Communications service providers may apply to the
office department for a grant pursuant to this section for
the installation of broadband infrastructure that facilitates
broadband service in targeted service areas. The office
department shall make available a public internet site
identifying all publicly available information contained in the
applications and any results of performance testing conducted
after the project is completed. The office department
shall devote one full-time equivalent position to evaluate
applications submitted under this section and provide technical
assistance to communications service providers in completing
applications for federal funds, or any other funds from any
public or private sources, related to improving broadband
infrastructure.
4. a. The office department shall award grants on
a competitive basis for the installation of broadband
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infrastructure that facilitates broadband service as provided
in subsection 3 in targeted service areas after considering the
following:
(1) The relative need for broadband infrastructure in the
area and the existing broadband service speeds, including
whether the project serves a rural area or areas.
(2) The applicant’s total proposed budget for the project,
including all of the following:
(a) The amount or percentage of local or federal matching
funds, if any, and any funding obligations shared between
public and private entities.
(b) The percentage of funding provided directly from the
applicant, including whether the applicant requested from the
office department an amount less than the maximum amount the
office department could award pursuant to subsection 5 and, if
so, the percentage of the project cost that the applicant is
requesting.
(3) The relative download and upload speeds of proposed
projects for all applicants.
(4) The specific product attributes resulting from the
proposed project, including technologies that provide higher
qualities of service, such as service levels, latency,
and other service attributes as determined by the office
department .
(5) The percentage of the homes, farms, schools, and
businesses in the targeted service area that will be provided
access to broadband service.
(6) The proportion of proposed projects that will result
in the installation of broadband infrastructure in a targeted
service area within which the only broadband service available
provides the tier 1 download and upload speeds specified in the
definition of targeted service area in section 8B.1 .
(7) Other factors the office department deems relevant.
b. In considering the factors listed in paragraph “a” for
awarding grants pursuant to this section , the office department
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shall afford the greatest weight to the factors described in
paragraph “a” , subparagraphs (1) through (3), and subparagraph
(6).
5. The total amount of the grants the office department
awards from the empower rural Iowa broadband grant fund
pursuant to this section shall not exceed any of the following
amounts:
a. Seventy-five percent of a communications service
provider’s project costs for projects that will result in the
installation of broadband infrastructure in a targeted service
area within which no communications service provider offers or
facilitates broadband service that provides download and upload
speeds less than or equal to the tier 1 download and upload
speeds specified in the definition of targeted service area in
section 8B.1 .
b. Fifty percent of a communications service provider’s
project costs for projects that will result in the installation
of broadband infrastructure in a targeted service area within
which no communications service provider offers or facilitates
broadband service that provides download speeds less than or
equal to the tier 2 download speeds specified in the definition
of targeted service area in section 8B.1 .
c. Thirty-five percent of a communications service
provider’s project costs for projects that will result in the
installation of broadband infrastructure in a targeted service
area within which no communications service provider offers or
facilitates broadband service that provides download speeds
less than or equal to the tier 3 download speed specified in
the definition of targeted service area in section 8B.1 .
6. Notwithstanding subsections 3 and 5 , communications
service providers may apply to the office department for
a grant pursuant to this section for the installation of
broadband infrastructure that facilitates broadband service
providing a minimum download speed of one hundred megabits per
second and a minimum upload speed of twenty megabits per second
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in targeted service areas pursuant to this subsection . The
office department shall make available a public internet site
identifying all publicly available information contained in the
applications and any results of performance testing conducted
after the project is completed.
a. The office department shall award grants under this
subsection on a competitive basis after considering the factors
provided in subsection 4 and affording weight to the factors
pursuant to subsection 4 , paragraph “b” .
b. The total amount of the grants the office department
shall award pursuant to this subsection shall not exceed fifty
percent of a communications service provider’s project costs
for projects that will result in the installation of broadband
infrastructure in a targeted service area within which no
communications service provider offers or facilitates broadband
service that provides download and upload speeds less than or
equal to the tier 1 download and upload speeds specified in the
definition of targeted service area in section 8B.1 .
7. Notwithstanding subsections 5 and 6 , at least twenty
percent of the total amount of the grants the office department
awards from the empower rural Iowa broadband grant fund
pursuant to this section shall be allocated to projects that
will result in the installation of broadband infrastructure
in difficult to serve targeted service areas within which no
communications service provider offers or facilitates broadband
service that provides download and upload speeds less than
or equal to the tier 1 download and upload speeds specified
in the definition of targeted service area in section 8B.1 .
For purposes of this subsection , a targeted service area is
difficult to serve if the soil conditions, topography, or
other local conditions make the installation of broadband
infrastructure in the targeted service area more time-consuming
or labor-intensive compared to other areas of the state.
8. The office department shall provide public notice
regarding the application process and receipt of funding.
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9. The office department may adopt rules pursuant to
chapter 17A interpreting this chapter subchapter or necessary
for administering this chapter subchapter , including but not
limited to rules relating to the broadband grant program
process, management, and measurements as deemed necessary by
the office department .
10. The office department shall adopt rules establishing
procedures to allow aggrieved applicants an opportunity to
challenge the office’s department’s award of grants under this
section .
Sec. 53. Section 8B.12, subsections 1 and 3, Code 2024, are
amended to read as follows:
1. The chief information officer director shall enter
into agreements with state agencies supported entities , and
may enter into agreements with any other governmental entity ,
including a local governmental entity or entity created
pursuant to chapter 28E, or with a nonprofit organization, to
furnish services and facilities of the office department to the
applicable governmental entity or nonprofit organization under
this subchapter . The agreement shall must provide for the
reimbursement to the office department of the reasonable cost
of the services and facilities furnished. All governmental
entities of this state may enter into such agreements. For
purposes of this subsection , “nonprofit organization” means a
nonprofit entity which is exempt from federal income taxation
pursuant to section 501(c)(3) or 501(c)(4) of the Internal
Revenue Code and which is funded in whole or in part by public
funds.
3. The state board of regents shall not be required to
obtain any service for the state board of regents or any
institution under the control of the state board of regents
that is provided by the office department pursuant to this
chapter subchapter without the consent of the state board of
regents.
Sec. 54. Section 8B.15, Code 2024, is amended to read as
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follows:
8B.15 Billing —— credit card payments.
1. The chief information officer director may bill a
governmental entity for services rendered by the office
department in accordance with the duties of the office
department as provided in this chapter subchapter . Bills may
include direct, indirect, and developmental costs which have
not been funded by an appropriation to the office department .
The office department shall periodically render a billing
statement to a governmental entity outlining the cost of
services provided to the governmental entity. The amount
indicated on the statement shall be paid by the governmental
entity and amounts received by the office department shall
be considered repayment appropriated receipts as defined in
section 8.2 , and deposited into the accounts of the office
department .
2. In addition to other forms of payment, a person may pay
by credit card for services provided by the office department ,
according to rules adopted by the treasurer of state. The
credit card fees to be charged shall not exceed those permitted
by statute. A governmental entity may adjust its payment to
reflect the costs of processing as determined by the treasurer
of state. The discount charged by the credit card issuer may
be included in determining the fees to be paid for completing
a financial transaction under this section by using a credit
card. All credit card payments shall be credited to the fund
used to account for the services provided.
Sec. 55. Section 8B.16, Code 2024, is amended to read as
follows:
8B.16 Office Department debts and liabilities ——
appropriation request.
If a service provided by the office department and funded
from an internal service a fund established under section 8B.13
8.13 ceases to be provided and insufficient funds remain in
the internal service fund to pay any outstanding debts and
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liabilities relating to that service, the chief information
officer director shall notify the department of management and
the general assembly and request that moneys be appropriated
from the general fund of the state to pay such debts and
liabilities.
Sec. 56. Section 8B.21, subsections 1, 2, and 3, Code 2024,
are amended to read as follows:
1. Powers and duties of office the chief information
officer . The powers and duties of the office chief information
officer as it relates to information technology services shall
include but are not limited to all of the following:
a. Approving information technology for use by agencies
supported entities and other governmental entities.
b. Directing, developing, and implementing policies,
procedures, and organization measures designed to ensure the
efficient administration of information technology.
b. c. Implementing the strategic information technology
plan.
d. Prescribing and adopting information technology
policies, procedures, and rules that are binding on all
supported entities and that represent best practices for other
governmental entities in the state that are not supported
entities.
c. e. Developing and implementing a business continuity
plan, as the chief information officer director determines is
appropriate, to be used if a disruption occurs in the provision
of information technology to participating agencies supported
entities and other governmental entities.
d. f. Prescribing standards policies and adopting rules
relating to cyber security cybersecurity , geospatial systems,
application development, and information technology and
procurement, including but not limited to system design and
systems integration, and interoperability, which shall apply to
are binding on all participating agencies supported entities
except as otherwise provided in this chapter subchapter,
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and which represent best practices for other governmental
entities in the state that are not supported entities . The
office department shall implement information technology
standards policies as established pursuant to this chapter
which subchapter that are applicable to information technology
procurements for participating agencies supported entities .
g. Providing continuous monitoring through a security
operations center for supported entities, which the department
may also make available to other governmental entities.
e. h. Establishing an enterprise strategic and project
management function for oversight of all information
technology-related projects and resources of participating
agencies supported entities that require prior approval by
rule .
f. i. (1) Developing and maintaining security policies
and systems to ensure the integrity of the state’s information
resources and to prevent the disclosure of confidential
records. The office department shall ensure that the security
policies and systems be consistent with the state’s data
transparency efforts by developing and implementing policies
and systems for the sharing of data and information by
participating agencies supported entities .
(2) Establishing statewide standards policies , to include
periodic review and compliance measures, for information
technology security to maximize the functionality, security,
and interoperability of the state’s distributed information
technology assets, including but not limited to communications
and encryption technologies.
(3) Requiring all information technology security services,
solutions, hardware, and software purchased or used by a
participating agency supported entity to be subject to approval
by the office department in accordance with security standards
policies .
g. j. Developing and implementing effective and efficient
strategies for the use and provision of information technology
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and information technology staff for participating agencies
supported entities and other governmental entities.
h. k. Coordinating and managing the acquisition of
information technology goods and services by participating
agencies supported entities in furtherance of the purposes of
this chapter subchapter . The office department shall institute
procedures to ensure effective and efficient compliance with
the applicable standards policies established pursuant to this
chapter subchapter .
i. Entering into contracts, leases, licensing agreements,
royalty agreements, marketing agreements, memorandums of
understanding, or other agreements as necessary and appropriate
to administer this chapter .
l. Selecting the chief information security officer in
consultation with the director, and selecting other information
technology staff deemed necessary for the administration of the
department’s information technology functions as provided in
this chapter.
j. m. Determining and implementing statewide efforts
to standardize data elements, determine data ownership
assignments, and implement the sharing of data.
k. n. Requiring that a participating agency supported
entity provide such information as is necessary to establish
and maintain an inventory of information technology used by
participating agencies, and such participating agency supported
entities. A supported entity shall provide such information to
the office department in a timely manner . The , in a form and
content of the containing information to be provided shall be
as determined by the office department .
l. o. Requiring participating agencies supported
entities to provide the full details of the agency’s entity’s
information technology and operational requirements upon
request, report information technology security incidents to
the office department in a timely manner, provide comprehensive
information concerning the information technology security
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employed by the agency entity to protect the agency’s entity’s
information technology, and forecast the parameters of the
agency’s entity’s projected future information technology
security needs and capabilities.
m. p. Charging reasonable fees, costs, expenses, charges,
or other amounts to an agency, governmental entity, public
official, or person or entity related to the provision, sale,
use, or utilization of, or cost sharing with respect to,
information technology and any intellectual property interests
related thereto; research and development; proprietary
hardware, software, and applications; and information
technology architecture and design. The office department may
enter into nondisclosure agreements and take any other legal
action reasonably necessary to secure a right to an interest
in information technology development by or on behalf of the
state of Iowa and to protect the state of Iowa’s proprietary
information technology and intellectual property interests.
The provisions of chapter 23A relating to noncompetition
by state agencies and political subdivisions with private
enterprise shall do not apply to office department activities
authorized under this paragraph.
n. q. Charging reasonable fees, costs, expenses, charges,
or other amounts to an agency, governmental entity, public
official, or other person or entity to or for whom information
technology or other services have been provided by or on behalf
of, or otherwise made available through, the office department .
o. r. Providing, selling, leasing, licensing, transferring,
or otherwise conveying or disposing of information technology,
or any intellectual property or other rights with respect
thereto, to agencies, governmental entities, public officials,
or other persons or entities.
p. s. Entering into partnerships, contracts, leases, or
other agreements with public and private entities for the
evaluation and development of information technology pilot
projects.
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q. t. Initiating and supporting the development of
electronic commerce, electronic government, and internet
applications across participating agencies supported entities
and in cooperation with other governmental entities. The
office department shall foster joint development of electronic
commerce and electronic government involving the public and
private sectors, develop customer surveys and citizen outreach
and education programs and material, and provide for citizen
input regarding the state’s electronic commerce and electronic
government applications.
u. Working with all governmental entities in an effort to
achieve information technology goals.
v. Developing systems and methodologies to review, evaluate,
and prioritize information technology projects.
w. Streamlining, consolidating, and coordinating the access
to and availability of broadband and broadband infrastructure
throughout the state, including but not limited to facilitating
public-private partnerships, ensuring that all departments’
and establishments’ broadband and broadband infrastructure
policies are aligned, resolving issues that arise with regard
to implementation efforts, and collecting data and developing
metrics or policies against which the data may be measured and
evaluated regarding broadband infrastructure installation and
deployment.
x. Administering the broadband grant program pursuant
to section 8B.11, and providing technical assistance to
communications service providers related to grant applications
under section 8B.11.
y. Coordinating the fiberoptic network conduit installation
program established in section 8B.25.
2. Responsibilities. The responsibilities of the office
chief information officer as it relates to information
technology services include all of the following:
a. Coordinate the activities of the office in promoting,
integrating, and supporting Promote, integrate, and support
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information technology in all business aspects of state
government.
b. Provide for server systems, including mainframe and
other server operations, desktop support, and applications
integration.
c. Provide applications development, support, and training,
and advice and assistance in developing and supporting business
applications throughout state government.
3. Information technology charges. The office department
shall render a statement to an agency, governmental entity,
public official, or other person or entity to or for whom
information technology, value-added services, or other items or
services have been provided by or on behalf of, or otherwise
made available through, the office department . Such an agency,
governmental entity, public official, or other person or entity
shall pay an amount indicated on such statement in a manner
determined by the office department .
Sec. 57. Section 8B.21, subsection 4, Code 2024, is amended
by striking the subsection and inserting in lieu thereof the
following:
4. Exclusion. The department of public defense is not
required to obtain any information technology services pursuant
to this subchapter where such services involve or impact
interconnections with federal networks and systems.
Sec. 58. Section 8B.21, subsections 5 and 6, Code 2024, are
amended by striking the subsections.
Sec. 59. Section 8B.22, Code 2024, is amended to read as
follows:
8B.22 Digital government.
1. The office department is responsible for initiating and
supporting the development of electronic commerce, electronic
government, mobile applications, and internet applications
across participating agencies supported entities and in
cooperation with other governmental entities.
2. In developing the concept of digital government, the
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office department shall do all of the following:
a. Establish standards policies , consistent with other
state law, for the implementation of electronic commerce,
including standards policies for the technical implementation
of electronic signatures pursuant to chapter 554D , electronic
currency, and other items associated with electronic commerce.
b. Establish guidelines for the appearance and functioning
of applications.
c. Establish standards policies for the integration of
electronic data across state agencies.
d. Foster joint development of electronic commerce and
electronic government involving the public and private sectors.
e. Develop customer surveys and citizen outreach and
education programs and material, and provide for citizen input
regarding the state’s electronic commerce and electronic
government applications.
f. Assist participating agencies supported entities in
converting printed government materials to electronic materials
which can be accessed through an internet searchable database.
g. Encourage participating agencies supported entities
to utilize duplex printing and a print on demand strategy
to reduce printing costs, publication overruns, excessive
inventory, and obsolete printed materials.
Sec. 60. Section 8B.23, Code 2024, is amended to read as
follows:
8B.23 Information technology standards policies .
1. The office department shall develop and adopt
information technology standards policies applicable to the
procurement of information technology by all participating
agencies supported entities . Such standards policies , unless
waived by the office department , shall apply to all information
technology procurements for participating agencies supported
entities .
2. The office of the governor or the office of an elective
constitutional or statutory officer shall consult with the
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office department prior to procuring information technology and
consider the information technology standards policies adopted
by the office department , and provide a written report to the
office department relating to the other office’s decision
regarding such acquisitions.
Sec. 61. Section 8B.24, Code 2024, is amended to read as
follows:
8B.24 Procurement of information technology.
1. Standards Policies established by the office department ,
unless waived by the office department , shall apply to all
information technology procurements for participating agencies
supported entities .
2. The office department shall institute procedures to
ensure effective and efficient compliance with standards
policies established by the office department .
3. The office department shall develop policies and
procedures that apply to all information technology goods and
services acquisitions, and shall ensure the compliance of
all participating agencies supported entities . The office
department shall also be the sole provider of infrastructure
information technology goods and services for participating
agencies supported entities, the sole authority in state
government for the procurement of information technology goods
and services for supported entities, the sole authority in
state government for the establishment of master agreements
for information technology goods and services, and the
sole authority in state government for determining whether
any particular procurement is an information technology
procurement .
4. The office department , by rule, may implement a
prequalification procedure for contractors with which the
office department has entered or intends to enter into
agreements regarding the procurement of information technology.
5. Notwithstanding the provisions governing purchasing as
provided in chapter 8A, subchapter III , the office department
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may procure information technology as provided in this section .
The office department may cooperate with other governmental
entities in the procurement of information technology in an
effort to make such procurements in a cost-effective, efficient
manner as provided in this section . The office department , as
deemed appropriate and cost effective, may procure information
technology using any of the following methods:
a. Cooperative procurement agreement. The office department
may enter into a cooperative procurement agreement with another
governmental entity relating to the procurement of information
technology, whether such information technology is for the use
of the office department or other governmental entities. The
cooperative procurement agreement shall must clearly specify
the purpose of the agreement and the method by which such
purpose will be accomplished. Any power exercised under such
agreement shall not exceed the power granted to any party to
the agreement.
b. Negotiated contract. The office department may enter
into an agreement for the purchase of information technology if
any of the following applies apply :
(1) The contract price, terms, and conditions are pursuant
to the current federal supply contract, and the purchase order
adequately identifies the federal supply contract under which
the procurement is to be made.
(2) The contract price, terms, and conditions are no less
favorable than the contractor’s current federal supply contract
price, terms, and conditions; the contractor has indicated
in writing a willingness to extend such price, terms, and
conditions to the office department ; and the purchase order
adequately identifies the contract relied upon.
(3) The contract is with a vendor who has a current
exclusive or nonexclusive price agreement with the state for
the information technology to be procured, and such information
technology meets the same standards and specifications as the
items to be procured and both all of the following apply:
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(a) The quantity purchased does not exceed the quantity
which may be purchased under the applicable price agreement.
(b) The purchase order adequately identifies the price
agreement relied upon.
c. Contracts let by another governmental entity. The office,
on its own behalf or on the behalf of another participating
agency or governmental entity, may procure information
technology under a contract let by another agency or other
governmental entity, or approve such procurement in the same
manner by a participating agency or governmental entity.
The office, on its own behalf or on the behalf of another
participating agency or governmental entity, may also procure
information technology by leveraging an existing competitively
procured contract, other than a contract associated with the
state board of regents or an institution under the control of
the state board of regents. The department may contract for
information technology by leveraging an existing, competitively
procured contract established by any other governmental entity
or cooperative purchasing organization.
d. Reverse auction.
(1) The office department may enter into an agreement for
the purchase of information technology utilizing a reverse
auction process. Such process shall result in the purchase of
information technology from the vendor submitting the lowest
responsible bid amount for the information technology to be
acquired. The office department , in establishing a reverse
auction process, shall do all of the following:
(a) Determine the specifications and requirements of the
information technology to be acquired.
(b) Identify and provide notice to potential vendors
concerning the proposed acquisition.
(c) Establish prequalification requirements to be met by a
vendor to be eligible to participate in the reverse auction.
(d) Conduct the reverse auction in a manner as deemed
appropriate by the office department and consistent with rules
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adopted by the office department .
(2) Prior to conducting a reverse auction, the office
department shall establish a threshold amount which shall be
the maximum amount that the office department is willing to pay
for the information technology to be acquired.
(3) The office department shall enter into an agreement with
a vendor who is the lowest responsible bidder which meets the
specifications or description of the information technology to
be procured, or the office department may reject all bids and
begin the process again. In determining the lowest responsible
bidder, the office department may consider various factors
including but not limited to the past performance of the vendor
relative to quality of product or service, the past experience
of the office department in relation to the product or service,
the relative quality of products or services, the proposed
terms of delivery, and the best interest of the state.
e. Competitive bidding. The office department may enter
into an agreement for the procurement or acquisition of
information technology in the same manner as provided under
chapter 8A, subchapter III , for the purchasing of service. The
department may also contract for the purchase of information
technology goods or services using a competitive bidding
process that includes a vendor selection process that focuses
on realized, efficiency-based competition models.
f. Other agreement. In addition to the competitive
bidding procedure provided for under paragraph “e” , the office
department may enter into an agreement for the purchase,
disposal, or other disposition of information technology in the
same manner and subject to the same limitations as otherwise
provided in this chapter subchapter . The office, by rule,
shall provide for such procedures.
6. The office department shall adopt rules pursuant to
chapter 17A to implement the procurement methods and procedures
provided for in subsections 2 through 5.
7. The department may establish and collect administrative
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fees associated with purchases made from department information
technology agreements. The department may retain fees
collected under this subsection in a fund created pursuant to
section 8.13.
Sec. 62. Section 8B.25, subsections 2 and 3, Code 2024, are
amended to read as follows:
2. The office department shall lead and coordinate a program
to provide for the installation of fiberoptic network conduit
where such conduit does not exist. The chief information
officer director shall consult and coordinate with applicable
agencies and entities, including public utilities as defined
in section 476.1 , the state department of transportation, the
economic development authority, county boards of supervisors,
municipal governing bodies, the farm-to-market review board,
county conservation boards, and the boards, commissions, or
agencies in control of state parks, as determined appropriate
to ensure that the opportunity is provided to lay or install
fiberoptic network conduit wherever a state-funded construction
project involves trenching, boring, a bridge, a roadway,
or opening of the ground, or alongside any state-owned
infrastructure.
3. Contingent upon the provision of funding for such
purposes by the general assembly, the office department may
contract with a nongovernmental third party to manage, lease,
install, or otherwise provide fiberoptic network conduit
access for projects described in this section . This section
does not require coordination with or approval from the
office department pursuant to this program or installation of
fiberoptic conduit as required by this section for construction
projects not using public funding.
Sec. 63. Section 8B.31, subsection 1, Code 2024, is amended
to read as follows:
1. IowAccess. The office department shall establish
IowAccess as a service to the citizens of this state that
is the gateway for one-stop electronic access to government
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information and transactions, whether federal, state, or local.
Except as provided in this section , IowAccess shall be a
state-funded service providing access to government information
and transactions. The office department , in establishing the
fees for value-added services, shall consider the reasonable
cost of creating and organizing such government information
through IowAccess.
Sec. 64. Section 8B.31, subsection 2, unnumbered paragraph
1, Code 2024, is amended to read as follows:
The office department shall do all of the following:
Sec. 65. Section 8B.31, subsection 2, paragraph b,
unnumbered paragraph 1, Code 2024, is amended to read as
follows:
Approve and establish the priority of projects associated
with IowAccess. The determination may also include
requirements concerning funding for a project proposed by
a political subdivision of the state or an association,
the membership of which is comprised solely of political
subdivisions of the state. Prior to approving a project
proposed by a political subdivision, the office department
shall verify that all of the following conditions are met:
Sec. 66. Section 8B.31, subsection 2, paragraph d, Code
2024, is amended to read as follows:
d. Establish the IowAccess total budget request and
ensure that such request reflects the priorities and goals of
IowAccess as established by the office department .
Sec. 67. Section 8B.32, subsection 1, unnumbered paragraph
1, Code 2024, is amended to read as follows:
Moneys paid to a participating agency supported entity from
persons who complete an electronic financial transaction with
the agency entity by accessing IowAccess shall be transferred
to the treasurer of state for deposit in the general fund of
the state, unless the disposition of the moneys is specifically
provided for under other law. The moneys may include all of
the following:
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Sec. 68. Section 8B.33, Code 2024, is amended to read as
follows:
8B.33 IowAccess revolving fund.
1. An IowAccess revolving fund is created in the state
treasury. The revolving fund shall be administered by the
office department and shall consist of moneys collected by the
office department as fees, moneys appropriated by the general
assembly, and any other moneys obtained or accepted by the
office department for deposit in the revolving fund. The
proceeds of the revolving fund are appropriated to and shall be
used by the office department to maintain, develop, operate,
and expand IowAccess consistent with this chapter subchapter .
2. The office 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 expenditures made from the revolving fund during the
preceding fiscal year. Section 8.33 does not apply to any
moneys 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 revolving fund.
Sec. 69. Section 28D.3, subsection 4, Code 2024, is amended
to read as follows:
4. Persons employed by the department of management,
department of natural resources, department of administrative
services, and the or Iowa communications network under
this chapter are not subject to the twenty-four-month time
limitation specified in subsection 2 .
Sec. 70. Section 97B.4, subsection 2, paragraph d, Code
2024, is amended by striking the paragraph.
Sec. 71. 2021 Iowa Acts, chapter 172, section 28, is amended
to read as follows:
SEC. 28. REPEAL. The section of this division of this Act
amending section 8.58 is repealed July 1, 2025 2027 .
Sec. 72. REPEAL. Sections 8.6, 8.25, 8.28, 8.43, 8.53,
8.55, 8.59, 8.60, 8.61, 8B.1, 8B.2, 8B.3, 8B.4, 8B.5, 8B.9, and
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8B.13, Code 2024, are repealed.
Sec. 73. CODE EDITOR DIRECTIVE. For all of the following
terminology changes, the Code editor is directed to make
changes in any Code sections amended or enacted by any other
Act to correspond with the changes made in this division of
this Act if there appears to be no doubt as to the proper method
of making the changes and the changes would not be contrary to
or inconsistent with the purposes of this Act or any other Act:
1. “Repayment receipts” to “appropriated receipts”.
2. “Participating agency” to “supported entity” for
purposes associated with chapter 8B, Code 2024.
Sec. 74. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 8.7 to section 68B.22A.
b. Section 8.75 to section 8.57J.
c. Section 8B.4A to section 8.78.
d. Section 8B.6 to section 8.12.
e. Section 8B.7 to section 8.7A.
f. Section 8B.10 to section 8.79.
g. Section 8B.11 to section 8.91.
h. Section 8B.12 to section 8.80.
i. Section 8B.15 to section 8.81.
j. Section 8B.16 to section 8.82.
k. Section 8B.21 to section 8.77.
l. Section 8B.22 to section 8.83.
m. Section 8B.23 to section 8.84.
n. Section 8B.24 to section 8.85.
o. Section 8B.25 to section 8.86.
p. Section 8B.26 to section 8.87.
q. Section 8B.31 to section 8.88.
r. Section 8B.32 to section 8.89.
s. Section 8B.33 to section 8.90.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
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enactment of this section.
3. The Code editor shall designate sections 8.76 through
8.99 as a new subchapter within chapter 8.
Sec. 75. TRANSFER OF MONEYS. On the effective date of this
division of this Act, moneys remaining in the Iowa economic
emergency fund created in section 8.55, Code 2024, shall be
transferred as follows:
1. To the cash reserve fund created in section 8.56 up to
the maximum balance of the cash reserve fund as described in
section 8.56, as amended by this division of this Act.
2. If moneys remain after the transfer under subsection 1,
to the general fund of the state.
Sec. 76. TRANSITION. Any rule, regulation, form, order, or
directive promulgated by the office of the chief information
officer shall continue in full force and effect until amended,
repealed, or supplemented by affirmative action of the
department of management.
DIVISION II
CONFORMING AMENDMENTS
Sec. 77. Section 2.47A, subsection 1, paragraph b, Code
2024, is amended to read as follows:
b. Receive the reports of all capital project budgeting
requests of all state agencies, with individual state agency
priorities noted, pursuant to section 8.6 8.5 , subsection 12 .
Sec. 78. Section 7D.29, subsection 1, paragraphs a and b,
Code 2024, are amended to read as follows:
a. From the appropriation made from the Iowa economic
emergency cash reserve fund in section 8.55 8.56 for purposes
of paying such expenses.
b. To the extent the appropriation from the Iowa economic
emergency cash reserve fund described in paragraph “a” is
insufficient to pay such expenses, there is appropriated
from moneys in the general fund of the state not otherwise
appropriated the amount necessary to fund that deficiency.
Sec. 79. Section 8A.101, unnumbered paragraph 1, Code 2024,
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is amended to read as follows:
As used in this chapter and chapter 8B , unless the context
otherwise requires:
Sec. 80. Section 8A.104, subsection 7, Code 2024, is amended
by striking the subsection.
Sec. 81. Section 8A.123, subsection 1, Code 2024, is amended
to read as follows:
1. Activities of the department shall be accounted
for within the general fund of the state, except that the
director may establish and maintain internal service funds ,
in accordance with generally accepted accounting principles,
as defined in section 8.57, subsection 4 , for activities of
the department which are primarily funded from billings to
governmental entities for services rendered by the department.
The establishment of an internal service fund is subject to
the approval of the director of the department of management
and the concurrence of the auditor of state. At least ninety
days prior to the establishment of an internal service fund
pursuant to this section , the director shall notify in writing
the general assembly, including the legislative council,
legislative fiscal committee, and the legislative services
agency.
Sec. 82. Section 8A.125, subsection 1, Code 2024, is amended
to read as follows:
1. The director may bill a governmental entity for services
rendered by the department in accordance with the duties
of the department as provided in this chapter . Bills may
include direct, indirect, and developmental costs which have
not been funded by an appropriation to the department. The
department shall periodically render a billing statement to a
governmental entity outlining the cost of services provided to
the governmental entity. The amount indicated on the statement
shall be paid by the governmental entity and amounts received
by the department shall be considered repayment appropriated
receipts as defined in section 8.2 , and deposited into the
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accounts of the department.
Sec. 83. Section 8A.502, subsection 7, Code 2024, is amended
to read as follows:
7. Accounts. To keep the central budget and proprietary
control accounts of the general fund of the state and special
revenue funds, as defined in section 8.2 , of the state
government. Upon elimination of the state deficit under
generally accepted accounting principles, including the payment
of items budgeted in a subsequent fiscal year which under
generally accepted accounting principles should be budgeted
in the current fiscal year, the The recognition of revenues
received and expenditures paid and transfers received and paid
within the time period required pursuant to section 8.33 shall
be in accordance with generally accepted accounting principles.
Budget accounts are those accounts maintained to control
the receipt and disposition of all funds, appropriations,
and allotments. Proprietary accounts are those accounts
relating to assets, liabilities, income, and expense. For each
fiscal year, the financial position and results of operations
of the state shall be reported in an annual comprehensive
financial report prepared in accordance with generally accepted
accounting principles, as established by the governmental
accounting standards board.
Sec. 84. Section 8A.502, subsection 8, paragraph b, Code
2024, is amended to read as follows:
b. By charging all collections made by the educational
institutions and state fair board to the respective advance
accounts of the institutions and state fair board, and by
crediting all such repayment collections appropriated receipts
to the respective appropriations and special revenue funds.
Sec. 85. Section 8D.3, subsection 2, paragraph b, Code 2024,
is amended to read as follows:
b. The auditor of state or the auditor’s designee and the
chief information officer selected designated pursuant to
section 8B.2 8.5 or the chief information officer’s designee
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shall serve as nonvoting, ex officio members of the commission.
Sec. 86. Section 10A.107, Code 2024, is amended to read as
follows:
10A.107 Repayment Appropriated receipts.
The department may charge state departments, agencies, and
commissions for services rendered and the payment received
shall be considered repayment appropriated receipts as defined
in section 8.2 .
Sec. 87. Section 10A.503, subsection 2, Code 2024, is
amended to read as follows:
2. The department and the licensing boards referenced in
subsection 1 may expend funds in addition to amounts budgeted,
if those additional expenditures are directly the result of
actual examination and exceed funds budgeted for examinations.
Before the department or a licensing board expends or encumbers
an amount in excess of the funds budgeted for examinations,
the director of the department of management shall approve the
expenditure or encumbrance. Before approval is given, the
department of management shall determine that the examination
expenses exceed the funds budgeted by the general assembly to
the department or board and the department or board does not
have other funds from which examination expenses can be paid.
Upon approval of the department of management, the department
or licensing board may expend and encumber funds for excess
examination expenses. The amounts necessary to fund the excess
examination expenses shall be collected as fees from additional
examination applicants and shall be treated as repayment
appropriated receipts as defined in section 8.2 .
Sec. 88. Section 10A.506, subsection 4, Code 2024, is
amended to read as follows:
4. The department may expend additional funds, including
funds for additional personnel, if those additional
expenditures are directly the cause of actual examination
expenses exceeding funds budgeted for examinations. Before
the department expends or encumbers an amount in excess of
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the funds budgeted for examinations, the director of the
department of management shall approve the expenditure or
encumbrance. Before approval is given, the director of the
department of management shall determine that the examination
expenses exceed the funds budgeted by the general assembly to
the department and the department does not have other funds
from which the expenses can be paid. Upon approval of the
director of the department of management, the department may
expend and encumber funds for excess examination expenses. The
amounts necessary to fund the examination expenses shall be
collected as fees from additional examination applicants and
shall be treated as repayment appropriated receipts as defined
in section 8.2 , subsection 8 .
Sec. 89. Section 10A.801, subsection 9, Code 2024, is
amended to read as follows:
9. The division may charge agencies for services rendered
and the payment received shall be considered repayment
appropriated receipts as defined in section 8.2 .
Sec. 90. Section 10A.902, subsection 5, Code 2024, is
amended to read as follows:
5. The department shall adopt rules regarding minimum
requirements for lead inspector, lead abater, and lead-safe
renovator training programs, certification, work practice
standards, and suspension and revocation requirements, and
shall implement the training and certification programs. Rules
adopted pursuant to this subsection shall comply with chapter
272C . The department shall seek federal funding and shall
establish fees in amounts sufficient to defray the cost of the
programs. The fees shall be used for any of the department’s
duties under this subchapter , including but not limited
to the costs of full-time equivalent positions for program
services and investigations. Fees received shall be considered
repayment appropriated receipts as defined in section 8.2 .
Sec. 91. Section 11.5B, subsection 14, Code 2024, is amended
by striking the subsection.
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Sec. 92. Section 12.89, subsection 2, paragraph b, Code
2024, is amended to read as follows:
b. The revenues required to be deposited into the fund
pursuant to section 8.57, subsection 5 , paragraph “e” ,
subparagraphs (1) and (2) “f” .
Sec. 93. Section 12.89A, subsection 2, paragraph a, Code
2024, is amended to read as follows:
a. The revenues required to be deposited in the fund
pursuant to section 8.57, subsection 5 , paragraph “e” ,
subparagraphs (1) and (2) “f” .
Sec. 94. Section 13B.8, subsection 4, paragraph b, Code
2024, is amended to read as follows:
b. The state public defender may enter into agreements with
the office of the chief information officer created in chapter
8B department of management to provide or procure suitable
computer networks and other information technology services
to or for each office of the state public defender, including
the central administrative office and the office of the state
appellate defender, and to each office of the local public
defender.
Sec. 95. Section 15E.167, subsection 1, paragraphs a and b,
Code 2024, are amended to read as follows:
a. “Broadband” means the same as defined in section 8B.1
8.2 .
b. “Broadband infrastructure” means the same as defined in
section 8B.1 8.2 .
Sec. 96. Section 15E.311, subsection 3, paragraph a, Code
2024, is amended to read as follows:
a. At the end of each fiscal year, moneys in the fund
shall be transferred into separate accounts within the fund
and designated for use by each county in which no licensee
authorized to conduct gambling games under chapter 99F was
located during that fiscal year. Moneys transferred to
county accounts shall be divided equally among the counties.
Moneys transferred into an account for a county shall be
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transferred by the department to an eligible county recipient
for that county. Of the moneys transferred, an eligible county
recipient shall distribute seventy-five percent of the moneys
as grants to charitable organizations for charitable purposes
in that county and shall retain twenty-five percent of the
moneys for use in establishing a permanent endowment fund
for the benefit of charitable organizations for charitable
purposes. In addition, of the moneys transferred from moneys
appropriated to the fund from the sports wagering receipts fund
created in section 8.57, subsection 6, 8.57I and distributed,
eligible county recipients shall give consideration for grants,
upon application, to a charitable organization that operates
a racetrack facility that conducts automobile races in that
county. Of the amounts distributed, eligible county recipients
shall give special consideration to grants for projects that
include significant vertical infrastructure components designed
to enhance quality of life aspects within local communities.
In addition, as a condition of receiving a grant, the governing
body of a charitable organization receiving a grant shall
approve all expenditures of grant moneys and shall allow a
state audit of expenditures of all grant moneys.
Sec. 97. Section 16.50, subsection 1, Code 2024, is amended
to read as follows:
1. A workforce housing assistance grant fund is created
under the control of the authority. The fund shall consist of
appropriations made to the fund. The fund shall be separate
from the general fund of the state and the balance in the fund
shall not be considered part of the balance of the general fund
of the state. However, the fund shall be considered a special
account for the purposes of section 8.53 , relating to generally
accepted accounting principles.
Sec. 98. Section 16.81, subsection 2, paragraph d, Code
2024, is amended to read as follows:
d. The amount of application fees collected by the
authority under this subsection shall be considered repayment
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appropriated receipts as defined in section 8.2 .
Sec. 99. Section 17A.6B, subsection 1, Code 2024, is amended
to read as follows:
1. The office of the chief information officer department of
management shall establish and maintain a user-friendly state
services fee database and internet site for use by the public.
Each agency shall make available through the internet site the
current fees, rates, and charges imposed by the agency on the
public.
Sec. 100. Section 20.33, Code 2024, is amended to read as
follows:
20.33 Retention of costs and fees.
1. All moneys paid in advance by the board and subsequently
taxed as a cost to a party or parties pursuant to section 20.6,
subsection 6 , and section 20.11, subsection 3 , shall, when
reimbursed by the party or parties taxed under those sections,
be retained by the board as repayment appropriated receipts , as
defined in section 8.2, and used exclusively to offset the cost
of the certified shorthand reporter reporting the proceeding
and of any transcript requested by the board.
2. All fees established and collected by the board pursuant
to section 20.6, subsection 7 , shall be retained by the board
as repayment appropriated receipts , as defined in section 8.2,
and used exclusively for the purpose of covering the cost of
elections required pursuant to section 20.15 , including payment
for the services of any vendor retained by the board to conduct
or assist in the conduct of such an election.
Sec. 101. Section 22.3A, subsection 2, paragraph f,
unnumbered paragraph 1, Code 2024, is amended to read as
follows:
A government body may establish payment rates and procedures
required to provide access to data processing software,
regardless of whether the data processing software is separated
from or combined with a public record. Proceeds from payments
may be considered repayment appropriated receipts, as defined
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in section 8.2 . The payment amount shall be calculated as
follows:
Sec. 102. Section 23A.2, subsection 8, paragraph o, Code
2024, is amended to read as follows:
o. The performance of an activity authorized pursuant to
section 8B.21, subsection 1 , paragraph “m” “p” .
Sec. 103. Section 29C.8, subsection 5, Code 2024, is amended
to read as follows:
5. The department may charge fees for the repair,
calibration, or maintenance of radiological detection equipment
and may expend funds in addition to funds budgeted for the
servicing of the radiological detection equipment. The
department shall adopt rules pursuant to chapter 17A providing
for the establishment and collection of fees for radiological
detection equipment repair, calibration, or maintenance
services and for entering into agreements with other public and
private entities to provide the services. Fees collected for
repair, calibration, or maintenance services shall be treated
as repayment appropriated receipts as defined in section
8.2 and shall be used for the operation of the department’s
radiological maintenance facility or radiation incident
response training.
Sec. 104. Section 35D.7, subsection 2, Code 2024, is amended
to read as follows:
2. Sums paid to and received by the department for the
support of members of the home shall be considered repayment
appropriated receipts as defined in section 8.2 and credited to
the Iowa veterans home account referred to in section 35D.18,
subsection 3 .
Sec. 105. Section 35D.18, subsection 3, unnumbered
paragraph 1, Code 2024, is amended to read as follows:
Revenues received that are attributed to the Iowa veterans
home during a fiscal year shall be credited to the Iowa
veterans home account and shall be considered repayment
appropriated receipts as defined in section 8.2 , including but
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not limited to all of the following:
Sec. 106. Section 35D.18, subsection 4, Code 2024, is
amended by striking the subsection.
Sec. 107. Section 68A.405A, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2024, is amended to read as
follows:
Except as provided in sections 29C.3 and 29C.6 , a statewide
elected official or member of the general assembly shall not
permit the expenditure of public moneys under the control
of the statewide elected official or member of the general
assembly, including but not limited to moneys held in a private
purpose trust fund as defined by section 8.2 , for the purpose
of any paid advertisement or promotion bearing the written
name, likeness, or voice of the statewide elected official or
member of the general assembly distributed through any of the
following means:
Sec. 108. Section 68A.405A, subsection 2, Code 2024, is
amended to read as follows:
2. A person who willfully violates this section shall be
subject to a civil penalty of an amount up to the amount of
moneys withdrawn from a public account or private purpose trust
fund as defined in section 8.2 used to fund the communication
found to be in violation of this section by the board or, for
members of the general assembly, by an appropriate legislative
ethics committee. A penalty imposed pursuant to this section
shall be paid by the candidate’s committee. Such penalty shall
be determined and assessed by the board or, for a member of the
general assembly, the appropriate legislative ethics committee,
and paid into the account from which such moneys were
withdrawn. Additional criminal or civil penalties available
under section 68A.701 or established by the board pursuant to
section 68B.32A may also be determined and assessed by the
board for violations of this section . Nothing in this section
shall prevent the imposition of any penalty or sanction for a
violation of this section by a legislative ethics committee.
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Sec. 109. Section 80.28, subsection 2, paragraph a,
subparagraph (7), Code 2024, is amended to read as follows:
(7) One member representing the office of the chief
information officer created in section 8B.2 department of
management .
Sec. 110. Section 80B.15, subsection 2, Code 2024, is
amended to read as follows:
2. The director of the academy shall assess a fee for
use of law enforcement media resources supplied or loaned by
the academy. The fees shall be established by rules adopted
pursuant to chapter 17A . The fees shall be considered as
repayment appropriated receipts , as defined in section 8.2 .
Sec. 111. Section 80B.19, subsection 1, Code 2024, is
amended to read as follows:
1. Activities of the academy shall be accounted for within
the general fund of the state, except the academy may establish
and maintain an internal training clearing fund , in accordance
with generally accepted accounting principles, as defined in
section 8.57, subsection 4 , for activities of the academy
which are primarily from billings to governmental entities for
services rendered by the academy.
Sec. 112. Section 84A.5, subsection 9, Code 2024, is amended
to read as follows:
9. The director of the department of workforce development
may adopt rules pursuant to chapter 17A to charge and collect
fees for enhanced or value-added services provided by the
department of workforce development which are not required by
law to be provided by the department and are not generally
available from the department of workforce development. Fees
shall not be charged to provide a free public labor exchange.
Fees established by the director of the department of workforce
development shall be based upon the costs of administering the
service, with due regard to the anticipated time spent, and
travel costs incurred, by personnel performing the service.
The collection of fees authorized by this subsection shall
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be treated as repayment appropriated receipts as defined in
section 8.2 .
Sec. 113. Section 99D.14, subsection 2, paragraphs b and c,
Code 2024, are amended to read as follows:
b. Notwithstanding sections 8.60 and section 99D.17 , the
portion of the fee paid pursuant to paragraph “a” relating
to the costs of special agents plus any direct and indirect
support costs for the agents, for the division of criminal
investigation’s racetrack activities, shall be deposited
into the gaming enforcement revolving fund established in
section 80.43 . However, the department of public safety shall
transfer, on an annual basis, the portion of the regulatory
fee attributable to the indirect support costs of the special
agents to the general fund of the state.
c. Notwithstanding sections 8.60 and section 99D.17 , the
portion of the fee paid pursuant to paragraph “a” relating to
the costs of the commission shall be deposited into the gaming
regulatory revolving fund established in section 99F.20 .
Sec. 114. Section 99D.17, Code 2024, is amended to read as
follows:
99D.17 Use of funds.
Funds received pursuant to sections 99D.14 and 99D.15
shall be deposited as provided in section 8.57, subsection
5 , and shall be subject to the requirements of section 8.60 .
These funds shall first be used to the extent appropriated
by the general assembly. The commission is subject to the
budget requirements of chapter 8 and the applicable auditing
requirements and procedures of chapter 11 .
Sec. 115. Section 99D.22, subsection 3, paragraph d, Code
2024, is amended to read as follows:
d. Establish a registration fee imposed on each horse which
is a thoroughbred, quarter horse, or standardbred which shall
be paid by the breeder of the horse. The department shall not
impose the registration fee more than once on each horse. The
amount of the registration fee shall not exceed thirty dollars.
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The moneys paid to the department from registration fees shall
be considered repayment appropriated receipts as defined in
section 8.2 , and shall be used for the administration and
enforcement of this subsection .
Sec. 116. Section 99D.22, subsection 4, paragraph b, Code
2024, is amended to read as follows:
b. The moneys paid to the department from registration fees
as provided in paragraph “a” shall be considered repayment
appropriated receipts as defined in section 8.2 , and shall be
used for the administration and enforcement of programs for the
promotion of native dogs.
Sec. 117. Section 99E.5, subsection 3, Code 2024, is amended
to read as follows:
3. The annual license fee to conduct internet fantasy sports
contests shall be one thousand dollars or, for a licensed
internet fantasy sports contest service provider with total
annual internet fantasy sports contest adjusted revenues for
the year prior to the annual license fee renewal date of
one hundred fifty thousand dollars or greater, five thousand
dollars. Moneys collected by the commission from the license
fees paid under this section shall be considered repayment
appropriated receipts as defined in section 8.2 .
Sec. 118. Section 99E.5, subsection 4, paragraph c, Code
2024, is amended to read as follows:
c. Notwithstanding section 8.60 , the The portion of the
fee paid pursuant to paragraph “a” relating to the costs of
the commission shall be deposited into the gaming regulatory
revolving fund established in section 99F.20 .
Sec. 119. Section 99E.6, subsection 2, Code 2024, is amended
to read as follows:
2. The taxes imposed by this section for internet fantasy
sports contests authorized under this chapter shall be paid by
the internet fantasy sports contest service provider to the
treasurer of state as determined by the commission and shall be
credited as provided in section 8.57, subsection 6 8.57I .
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Sec. 120. Section 99F.4, subsections 2 and 27, Code 2024,
are amended to read as follows:
2. To license qualified sponsoring organizations, to
license the operators of excursion gambling boats, to identify
occupations engaged in the administration, control, and conduct
of gambling games and sports wagering which require licensing,
and to adopt standards for licensing the occupations including
establishing fees for the occupational licenses and licenses
for qualified sponsoring organizations. The fees shall be
paid to the commission and deposited in the general fund of
the state. All revenue received by the commission under
this chapter from license fees and regulatory fees shall be
deposited in the general fund of the state and shall be subject
to the requirements of section 8.60 .
27. To adopt standards under which all sports wagering is
conducted, including the scope and type of wagers allowed,
to identify occupations within sports wagering which require
licensing, and to adopt standards for licensing and background
qualifications for occupations including establishing fees
for the occupational license. All revenue received by the
commission under this chapter from license fees shall be
deposited in the general fund of the state and shall be subject
to the requirements of section 8.60 . All revenue received by
the commission from regulatory fees shall be deposited into the
gaming regulatory revolving fund established in section 99F.20 .
Sec. 121. Section 99F.10, subsection 4, paragraphs b and c,
Code 2024, are amended to read as follows:
b. Notwithstanding sections 8.60 and section 99F.4 , the
portion of the fee paid pursuant to paragraph “a” relating to
the costs of special agents and officers plus any direct and
indirect support costs for the agents and officers, for the
division of criminal investigation’s excursion gambling boat
or gambling structure activities, shall be deposited into the
gaming enforcement revolving fund established in section 80.43 .
However, the department of public safety shall transfer, on an
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annual basis, the portion of the regulatory fee attributable
to the indirect support costs of the special agents and gaming
enforcement officers to the general fund of the state.
c. Notwithstanding sections 8.60 and section 99F.4 , the
portion of the fee paid pursuant to paragraph “a” relating to
the costs of the commission shall be deposited into the gaming
regulatory revolving fund established in section 99F.20 .
Sec. 122. Section 99F.11, subsection 5, paragraph b, Code
2024, is amended to read as follows:
b. The taxes imposed by this subsection for sports wagering
authorized under this chapter shall be paid by the licensed
operator to the treasurer of state as determined by the
commission and shall be credited as provided in section 8.57,
subsection 6 8.57I .
Sec. 123. Section 99G.39, subsection 6, paragraph a, Code
2024, is amended to read as follows:
a. Notwithstanding subsection 1 , if gaming revenues under
sections 99D.17 and 99F.11 are insufficient in a fiscal year to
meet the total amount of such revenues directed to be deposited
in the vision Iowa fund during the fiscal year pursuant to
section 8.57, subsection 5 , paragraph “e” “f” , the difference
shall be paid from lottery revenues prior to deposit of the
lottery revenues in the general fund, transfer of lottery
revenues to the veterans trust fund as provided in subsection
3 , and the transfer of lottery revenues to the public safety
survivor benefits fund as provided in subsection 4 . If
lottery revenues are insufficient during the fiscal year to pay
the difference, the remaining difference shall be paid from
lottery revenues prior to deposit of lottery revenues in the
general fund, the transfer of lottery revenues to the veterans
trust fund as provided in subsection 3 , and the transfer of
lottery revenues to the public safety survivor benefits fund
as provided in subsection 4 in subsequent fiscal years as such
revenues become available.
Sec. 124. Section 100B.4, subsection 2, Code 2024, is
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amended to read as follows:
2. Notwithstanding section 8.33 , repayment appropriated
receipts , as defined in section 8.2, collected by the division
of state fire marshal for the fire service training bureau
that remain unencumbered or unobligated at the close of the
fiscal year shall not revert but shall remain available for
expenditure for the purposes designated until the close of the
succeeding fiscal year.
Sec. 125. Section 100C.9, subsection 1, Code 2024, is
amended to read as follows:
1. All fees assessed pursuant to this chapter shall be
retained as repayment appropriated receipts , as defined in
section 8.2, by the department and such fees received shall
be used exclusively to offset the costs of administering this
chapter .
Sec. 126. Section 100D.7, subsection 2, Code 2024, is
amended to read as follows:
2. All fees assessed pursuant to this chapter shall be
retained as repayment appropriated receipts , as defined in
section 8.2, by the department and such fees received shall
be used exclusively to offset the costs of administering this
chapter .
Sec. 127. Section 123.17, subsection 3, Code 2024, is
amended to read as follows:
3. Notwithstanding subsection 2 , if gaming revenues under
sections 99D.17 and 99F.11 are insufficient in a fiscal year to
meet the total amount of such revenues directed to be deposited
in the revenue bonds debt service fund and the revenue bonds
federal subsidy holdback fund during the fiscal year pursuant
to section 8.57, subsection 5 , paragraph “e” “f” , the difference
shall be paid from moneys deposited in the beer and liquor
control fund prior to transfer of such moneys to the general
fund pursuant to subsection 2 and prior to the transfer of such
moneys pursuant to subsections 5 and 6 . If moneys deposited in
the beer and liquor control fund are insufficient during the
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fiscal year to pay the difference, the remaining difference
shall be paid from moneys deposited in the beer and liquor
control fund in subsequent fiscal years as such moneys become
available.
Sec. 128. Section 124.553, subsection 6, Code 2024, is
amended to read as follows:
6. The board shall not charge a fee to a pharmacy,
pharmacist, veterinarian, or prescribing practitioner for the
establishment, maintenance, or administration of the program,
including costs for forms required to submit information to or
access information from the program, except that the board may
charge a fee to an individual who requests the individual’s own
program information. A fee charged pursuant to this subsection
shall not exceed the actual cost of providing the requested
information and shall be considered a repayment receipt
appropriated receipts as defined in section 8.2 .
Sec. 129. Section 124E.10, Code 2024, is amended to read as
follows:
124E.10 Fees.
All fees collected by the department under this chapter
shall be retained by the department for operation of the
medical cannabidiol registration card program and the medical
cannabidiol manufacturer and medical cannabidiol dispensary
licensing programs. The moneys retained by the department
shall be considered repayment appropriated receipts as defined
in section 8.2 and shall be used for any of the department’s
duties under this chapter , including but not limited to the
addition of full-time equivalent positions for program services
and investigations. Notwithstanding section 8.33 , moneys
retained by the department pursuant to this section shall
not revert to the general fund of the state but shall remain
available for expenditure only for the purposes specified in
this section .
Sec. 130. Section 124E.19, subsection 1, paragraph b, Code
2024, is amended to read as follows:
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b. The department shall charge an applicant for a medical
cannabidiol manufacturer license or a medical cannabidiol
dispensary license a fee determined by the department of public
safety and adopted by the department by rule to defray the
costs associated with background investigations conducted
pursuant to the requirements of this section . The fee shall
be in addition to any other fees charged by the department.
The fee may be retained by the department of public safety and
shall be considered repayment appropriated receipts as defined
in section 8.2 .
Sec. 131. Section 135C.7, subsection 2, Code 2024, is
amended to read as follows:
2. In addition to the license fees listed in this section ,
there shall be an annual assessment assessed to each licensee
in an amount to cover the cost of independent reviewers
provided pursuant to section 135C.42 . The department shall, in
consultation with licensees, establish the assessment amount
by rule based on the award of a request for proposals. The
assessment shall be retained by the department as a repayment
receipt appropriated receipts as defined in section 8.2 and
used for the purpose of paying the cost of the independent
reviewers.
Sec. 132. Section 135Q.2, subsection 1, Code 2024, is
amended to read as follows:
1. A health care employment agency operating in the state
shall register annually with the department. Each separate
location of a health care employment agency shall register
annually with and pay an annual registration fee of five
hundred dollars to the department. The department shall issue
each location a separate certification of registration upon
approval of registration and payment of the fee. The annual
registration fees shall be retained by the department as
repayment appropriated receipts as defined in section 8.2 .
Sec. 133. Section 135R.3, subsection 4, Code 2024, is
amended to read as follows:
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4. The fees collected under this section shall be considered
repayment appropriated receipts as defined in section 8.2 and
shall be used by the department to administer this chapter .
Sec. 134. Section 136C.10, subsection 4, Code 2024, is
amended to read as follows:
4. Fees collected pursuant to this section shall be retained
by the department, shall be considered repayment appropriated
receipts as defined in section 8.2 , and shall be used for the
purposes described in this section , including but not limited
to the addition of full-time equivalent positions for program
services and investigations. Notwithstanding section 8.33 ,
moneys retained by the department pursuant to this subsection
are not subject to reversion to the general fund of the state.
Sec. 135. Section 147A.6, subsection 1, Code 2024, is
amended to read as follows:
1. The department, upon initial application and receipt
of the prescribed initial application fee, shall issue
a certificate to an individual who has met all of the
requirements for emergency medical care provider certification
established by the rules adopted under section 147A.4,
subsection 2 . All fees received pursuant to this section shall
be retained by the department. The moneys retained by the
department shall be used for any of the department’s duties
under this chapter , including but not limited to the addition
of full-time equivalent positions for program services and
investigations. Revenues retained by the department pursuant
to this section shall be considered repayment appropriated
receipts as defined in section 8.2 . Notwithstanding section
8.33 , moneys retained by the department pursuant to this
section are not subject to reversion to the general fund of the
state.
Sec. 136. Section 155A.40, subsection 2, Code 2024, is
amended to read as follows:
2. A request for criminal history data shall be submitted
to the department of public safety, division of criminal
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investigation, pursuant to section 692.2, subsection 1 .
The board may also require such applicants, licensees, and
registrants to provide a full set of fingerprints, in a form
and manner prescribed by the board. Such fingerprints may
be submitted to the federal bureau of investigation through
the state criminal history repository for a national criminal
history check. The board may authorize alternate methods or
sources for obtaining criminal history record information. The
board may, in addition to any other fees, charge and collect
such amounts as may be incurred by the board, the department
of public safety, or the federal bureau of investigation in
obtaining criminal history information. Amounts collected
shall be considered repayment appropriated receipts as defined
in section 8.2 .
Sec. 137. Section 162.2B, subsection 2, Code 2024, is
amended to read as follows:
2. The department shall retain all fees that it collects
under this section for the exclusive purpose of administering
and enforcing the provisions of this chapter . The fees shall
be considered repayment appropriated receipts as defined in
section 8.2 . The general assembly shall appropriate moneys
to the department each state fiscal year necessary for the
administration and enforcement of this chapter .
Sec. 138. Section 192.111, subsection 3, Code 2024, is
amended to read as follows:
3. Fees collected under this section and section 194.20
shall be deposited in the general fund of the state. All
moneys deposited under this section are appropriated to the
department for the costs of inspection, sampling, analysis, and
other expenses necessary for the administration of this chapter
and chapter 194 , and shall be subject to the requirements of
section 8.60 .
Sec. 139. Section 198.9, subsection 3, Code 2024, is amended
to read as follows:
3. Fees collected shall be deposited in the general fund of
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the state and shall be subject to the requirements of section
8.60 . Moneys deposited under this section shall be used for
the payment of the costs of inspection, sampling, analysis,
supportive research, and other expenses necessary for the
administration of this chapter .
Sec. 140. Section 200.9, Code 2024, is amended to read as
follows:
200.9 Fertilizer fees.
Fees collected for licenses and inspection fees under
sections 200.4 and 200.8 , with the exception of those fees
collected for deposit in the agriculture management account
of the groundwater protection fund, shall be deposited
in the general fund of the state and shall be subject to
the requirements of section 8.60 . Moneys deposited under
this section to the general fund shall be used only by the
department for the purpose of inspection, sampling, analysis,
preparation, and publishing of reports and other expenses
necessary for administration of this chapter . The secretary
may assign moneys to the Iowa agricultural experiment station
for research, work projects, and investigations as needed for
the specific purpose of improving the regulatory functions for
enforcement of this chapter .
Sec. 141. Section 201A.11, Code 2024, is amended to read as
follows:
201A.11 Fees and appropriation.
Fees collected under this chapter shall be deposited
in the general fund of the state and shall be subject to
the requirements of section 8.60 . Moneys deposited under
this section to the general fund shall be used only by the
department for the purpose of administering and enforcing the
provisions of this chapter , including inspection, sampling,
analysis, and the preparation and publishing of reports.
Sec. 142. Section 203.9, subsection 3, Code 2024, is amended
to read as follows:
3. A grain dealer shall keep complete and accurate records.
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A grain dealer shall keep records for the previous six years.
If the grain dealer’s records are incomplete or inaccurate,
the department may reconstruct the grain dealer’s records in
order to determine whether the grain dealer is in compliance
with the provisions of this chapter . The department may
charge the grain dealer the actual cost for reconstructing the
grain dealer’s records, which shall be considered repayment
appropriated receipts as defined in section 8.2 .
Sec. 143. Section 203C.2, subsection 5, Code 2024, is
amended to read as follows:
5. Moneys received by the department in administering this
section shall be considered repayment appropriated receipts as
defined in section 8.2 .
Sec. 144. Section 204.4, subsection 2, paragraph e, Code
2024, is amended to read as follows:
e. The results of a national criminal history record check
of an applicant as may be required by the department. The
department shall inform an applicant if a national criminal
history record check will be conducted. If a national criminal
history record check is conducted, the applicant shall
provide the applicant’s fingerprints to the department. The
department shall provide the fingerprints to the department
of public safety for submission through the state criminal
history repository to the federal bureau of investigation. The
applicant shall pay the actual cost of conducting any national
criminal history record check to the department of agriculture
and land stewardship. The department shall pay the actual cost
of conducting the national criminal history record check to
the department of public safety from moneys deposited in the
hemp fund pursuant to section 204.6 . The department of public
safety shall treat such payments as repayment appropriated
receipts as defined in section 8.2 . The results of the
national criminal history check shall not be considered a
public record under chapter 22 .
Sec. 145. Section 206.12, subsection 3, Code 2024, is
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amended to read as follows:
3. The registrant, before selling or offering for sale any
pesticide for use in this state, shall register each brand and
grade of such pesticide with the secretary upon forms furnished
by the secretary. The secretary shall set the registration
fee annually at three hundred dollars for each and every brand
and grade to be offered for sale in this state. The secretary
shall adopt by rule exemptions to the fee. Fifty dollars of
each fee collected shall be deposited in the general fund of
the state , shall be subject to the requirements of section
8.60 , and shall be used only for the purpose of enforcing
the provisions of this chapter . The remainder of each fee
collected shall be deposited in the agriculture management
account of the groundwater protection fund created in section
455E.11 .
Sec. 146. Section 215A.9, subsection 2, Code 2024, is
amended to read as follows:
2. A fee of fifteen dollars shall be charged for each device
subject to reinspection under section 215A.5 . All moneys
received by the department under the provisions of this chapter
shall be handled in the same manner as “repayment receipts”
appropriated receipts as defined in chapter 8 section 8.2 , and
shall be used for the administration and enforcement of the
provisions of this chapter .
Sec. 147. Section 222.92, subsection 3, unnumbered
paragraph 1, Code 2024, is amended to read as follows:
Subject to the approval of the department, except for
revenues segregated as provided in section 249A.11 , revenues
received that are attributed to a state resource center for a
fiscal year shall be credited to the state resource center’s
account and shall be considered repayment appropriated receipts
as defined in section 8.2 , including but not limited to all of
the following:
Sec. 148. Section 222.92, subsection 4, Code 2024, is
amended by striking the subsection.
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Sec. 149. Section 226.9B, subsection 2, unnumbered
paragraph 1, Code 2024, is amended to read as follows:
Revenues received that are attributed to the psychiatric
medical institution for children beds during a fiscal year
shall be credited to the mental health institute’s account
and shall be considered repayment appropriated receipts as
defined in section 8.2 , including but not limited to all of the
following:
Sec. 150. Section 232D.307, subsection 3, Code 2024, is
amended to read as follows:
3. The judicial branch in conjunction with the department of
public safety, the department of health and human services, and
the state chief information officer department of management
shall establish procedures for electronic access to the single
contact repository necessary to conduct background checks
requested under subsection 1 .
Sec. 151. Section 252B.4, subsection 3, Code 2024, is
amended to read as follows:
3. Fees collected pursuant to this section shall be
considered repayment appropriated receipts, as defined in
section 8.2 , and shall be used for the purposes of child
support services. The director or a designee shall keep an
accurate record of the fees collected and expended.
Sec. 152. Section 252B.5, subsection 13, paragraph b, Code
2024, is amended to read as follows:
b. Fees collected pursuant to this subsection shall be
considered repayment appropriated receipts as defined in
section 8.2 , and shall be used for the purposes of child
support services. The director shall maintain an accurate
record of the fees collected and expended under this
subsection .
Sec. 153. Section 252B.23, subsection 11, Code 2024, is
amended to read as follows:
11. All surcharge payments shall be received and disbursed
by the collection services center. The surcharge payments
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received by the collection services center shall be considered
repayment appropriated receipts as defined in section 8.2
and shall be used to pay the costs of any contracts with a
collection entity.
Sec. 154. Section 262.9, subsection 19, paragraph b, Code
2024, is amended to read as follows:
b. Authorize, at its discretion, each institution of higher
education to retain the student fees and charges it collects to
further the institution’s purposes as authorized by the board.
Notwithstanding any provision to the contrary, student fees and
charges, as defined in section 262A.2 , shall not be considered
repayment appropriated receipts as defined in section 8.2 .
Sec. 155. Section 262.9B, subsections 1, 3, and 4, Code
2024, are amended to read as follows:
1. Overview. The state board of regents for institutions
under its control shall coordinate interagency cooperation with
state agencies, as defined in section 8A.101 , in the area of
purchasing and information technology with the goal of annually
increasing the amount of joint purchasing. The board and the
institutions under the control of the board shall engage the
department of administrative services, the chief information
officer of the state department of management , and other
state agencies authorized to purchase goods and services in
pursuing mutually beneficial activities relating to purchasing
items and acquiring information technology. The board and
the institutions shall explore ways to leverage resources,
identify cost savings, implement efficiencies, and improve
effectiveness without compromising the mission of the board and
the institutions under the control of the board relative to
students and research commitments.
3. Information technology.
a. The board shall direct institutions under its control
to cooperate with the chief information officer of the state
department of management in efforts to cooperatively obtain
information technology and related services that result in
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mutual cost savings and efficiency improvements, and shall
seek input from the chief information officer of the state
department of management regarding specific areas of potential
cooperation between the institutions under the control of
the board and the office of the chief information officer
department of management .
b. The board shall convene at least quarterly an interagency
information technology group meeting including the institutions
under its control, the state chief information officer
department of management and any other agency authorized to
purchase goods and services, for purposes of timely cooperation
in obtaining information technology and related services.
4. Cooperative purchasing plan. The board shall, before
July 1 of each year, prepare a plan that identifies specific
areas of cooperation between the institutions under its
control, the department of administrative services, and the
chief information officer of the state department of management
that will be addressed for the next fiscal year including
timelines for implementing, analyzing, and evaluating each of
the areas of cooperation. The plan shall also identify the
potential for greater interinstitutional cooperation in areas
that would result in a net cost savings.
Sec. 156. Section 272C.6, subsection 6, paragraph b, Code
2024, is amended to read as follows:
b. The department of agriculture and land stewardship, the
department of insurance and financial services, the department
of inspections, appeals, and licensing, and the department
of health and human services shall each adopt rules pursuant
to chapter 17A which provide for the allocation of fees and
costs collected pursuant to this section to the board under its
jurisdiction collecting the fees and costs. The fees and costs
shall be considered repayment appropriated receipts as defined
in section 8.2 .
Sec. 157. Section 321.52, subsection 4, paragraph d, Code
2024, is amended to read as follows:
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d. A salvage theft examination shall be made by a peace
officer who has been specially certified and recertified when
required by the Iowa law enforcement academy to do salvage
theft examinations. The Iowa law enforcement academy shall
determine standards for training and certification, conduct
training, and may approve alternative training programs
which satisfy the academy’s standards for training and
certification. The owner of the salvage vehicle shall make
the vehicle available for examination at a time and location
designated by the peace officer doing the examination. The
owner may obtain a permit to drive the vehicle to and from the
examination location by submitting a repair affidavit to the
agency performing the examination stating that the vehicle is
reasonably safe for operation and listing the repairs which
have been made to the vehicle. The owner must be present
for the examination and have available for inspection the
salvage title, bills of sale for all essential parts changed,
if applicable, and the repair affidavit. The examination
shall be for the purposes of determining whether the vehicle
or repair components have been stolen. The examination is not
a safety inspection and a signed salvage theft examination
certificate shall not be construed by any court of law to be a
certification that the vehicle is safe to be operated. There
shall be no cause of action against the peace officer or the
agency conducting the examination or the county treasurer
for failure to discover or note safety defects. If the
vehicle passes the theft examination, the peace officer shall
indicate that the vehicle passed examination on the salvage
theft examination certificate. The permit and salvage theft
examination certificate shall be on controlled forms prescribed
and furnished by the department. The owner shall pay a fee
of fifty dollars at the time the examination is scheduled.
The agency performing the examinations shall retain forty
dollars of the fee and shall pay five dollars of the fee to
the department and five dollars of the fee to the treasurer of
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state for deposit in the general fund of the state. Moneys
deposited to the general fund under this paragraph are subject
to the requirements of section 8.60 and shall be used by
the Iowa law enforcement academy to provide for the special
training, certification, and recertification of officers as
required by this subsection .
Sec. 158. Section 321.491, subsection 2, paragraph b, Code
2024, is amended to read as follows:
b. A certified abstract of the record of the case prepared
for the department shall only be available to the public
from the department. A noncertified record of conviction
or forfeiture of bail shall be available to the public from
the judicial branch. The clerk of the district court shall
collect a fee of fifty cents for each noncertified copy of
any record of conviction or forfeiture of bail furnished to
any requester except the department or other local, state,
or federal government entity. Moneys collected under this
section shall be transferred to the department as a repayment
receipt appropriated receipts , as defined in section 8.2 , to
enhance the efficiency of the department to process records
and information between the department and the Iowa court
information system.
Sec. 159. Section 321A.3, subsection 1, Code 2024, is
amended to read as follows:
1. The department of transportation shall upon request
furnish any person a certified abstract of the operating record
of a person subject to chapter 321 or 321J , or this chapter .
The abstract shall also fully designate the motor vehicles,
if any, registered in the name of the person. If there is
no record of a conviction of the person having violated
any law relating to the operation of a motor vehicle or of
any injury or damage caused by the person, the department
of transportation shall so certify. A fee of five dollars
and fifty cents shall be paid for each abstract except for
abstracts requested by state, county, or city officials, court
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officials, public transit officials, or other officials of a
political subdivision of the state or a nonprofit charitable
organization described in section 501(c)(3) of the Internal
Revenue Code. Except for any additional access fee collected
under subsection 7 , the department of transportation shall
transfer the moneys collected under this section to the
treasurer of state who shall credit to the general fund all
moneys collected. If a fee established in this subsection
is collected by the office of the chief information officer,
created in section 8B.2 , department of management for a record
furnished through an electronic portal maintained by the office
of the chief information officer department of management ,
the office of the chief information officer department of
management shall transfer the moneys collected under this
subsection to the treasurer of state who shall credit the
moneys to the general fund.
Sec. 160. Section 325A.5, Code 2024, is amended to read as
follows:
325A.5 Fees —— credited to road use tax fund —— seminar
receipts.
All fees received for applications and permits or
certificates under this chapter shall be remitted to the
treasurer of state and credited to the road use tax fund.
All fees collected for the motor carrier safety education
seminar shall be considered a repayment receipt appropriated
receipts as defined in section 8.2 , and shall be remitted to
the department to be used to pay for the seminars.
Sec. 161. Section 421.17, subsection 2, paragraph d, Code
2024, is amended to read as follows:
d. To facilitate uniformity and equalization of assessments
throughout the state of Iowa and to facilitate transfers of
funds to local governments, the director of the department
of revenue may use geographic information system technology
and may require assessing authorities and local governments
that have adopted compatible technology to provide information
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to the department of revenue electronically using electronic
geographic information system file formats. The department of
revenue shall act on behalf of political subdivisions and the
state to deliver a consolidated response to the boundary and
annexation survey and provide legal boundary geography data to
the United States census bureau. The department of revenue
shall coordinate with political subdivisions and the state to
ensure that consistent, accurate, and integrated geography is
provided to the United States census bureau. The office of
the chief information officer department of management shall
provide geographic information system and technical support to
the department of revenue to facilitate the exchange.
Sec. 162. Section 421.17, subsection 27, paragraph j, Code
2024, is amended to read as follows:
j. Of the amount of debt actually collected pursuant to
this subsection an amount, not to exceed the amount collected,
which is sufficient to pay for salaries, support, maintenance,
services, and other costs incurred by the department related
to the administration of this subsection shall be retained by
the department. Revenues retained by the department pursuant
to this section shall be considered repayment appropriated
receipts as defined in section 8.2 . The director shall, in
the annual budget request pursuant to section 8.23 , make an
estimate as to the amount of receipts to be retained and the
estimated amount of additional receipts to be collected. The
director shall report annually to the department of management,
the legislative fiscal committee, and the legislative services
agency on any additional positions added and the costs incurred
during the previous fiscal year pursuant to this subsection .
Sec. 163. Section 422.7, subsection 10, paragraph b, Code
2024, is amended to read as follows:
b. As used in this subsection , “broadband infrastructure” ,
“communications service provider” , and “targeted service area”
mean the same as defined in section 8B.1 8.2 , respectively.
Sec. 164. Section 422.35, subsection 13, paragraph b, Code
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2024, is amended to read as follows:
b. As used in this subsection , “broadband infrastructure” ,
“communications service provider” , and “targeted service area”
mean the same as defined in section 8B.1 8.2 , respectively.
Sec. 165. Section 423.2A, subsection 3, Code 2024, is
amended to read as follows:
3. Of the amount of sales tax revenue actually transferred
per quarter pursuant to subsection 2 , paragraphs “e” and “f” ,
the department shall retain an amount equal to the actual cost
of administering the transfers under subsection 2 , paragraphs
“e” and “f” , or twenty-five thousand dollars, whichever is
less. The amount retained by the department pursuant to this
subsection shall be divided pro rata each quarter between
the amounts that would have been transferred pursuant to
subsection 2 , paragraphs “e” and “f” , without the deduction
made by operation of this subsection . Revenues retained by
the department pursuant to this subsection shall be considered
repayment appropriated receipts as defined in section 8.2 .
Sec. 166. Section 426B.1, subsection 1, Code 2024, is
amended to read as follows:
1. A property tax relief fund is created in the state
treasury under the authority of the department of health
and human services. The fund shall be separate from the
general fund of the state and shall not be considered part
of the general fund of the state except in determining the
cash position of the state for payment of state obligations.
The moneys in the fund are not subject to the provisions of
section 8.33 and shall not be transferred, used, obligated,
appropriated, or otherwise encumbered except as provided in
this chapter . Moneys in the fund may be used for cash flow
purposes, provided that any moneys so allocated are returned
to the fund by the end of each fiscal year. However, the
fund shall be considered a special account for the purposes
of section 8.53 , relating to elimination of any GAAP deficit.
For the purposes of this chapter , unless the context otherwise
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requires, “property tax relief fund” means the property tax
relief fund created in this section .
Sec. 167. Section 427.1, subsection 40, paragraphs a and b,
Code 2024, are amended to read as follows:
a. The owner of broadband infrastructure shall be entitled
to an exemption from taxation to the extent provided in this
subsection for assessment years beginning before January 1,
2027. Unless the context otherwise requires, the words and
phrases used in this subsection shall have the same meaning as
the words and phrases used in chapter 8B , including but not
limited to the words and phrases defined in section 8B.1 8.2 .
b. The exemption shall apply to the installation of
broadband infrastructure that facilitates broadband service
at or above the download and upload speeds specified in
the definition of targeted service area in section 8B.1
8.2 commenced and completed on or after July 1, 2015, and
before July 1, 2025, in a targeted service area, and used to
deliver internet services to the public. A person claiming
an exemption under this subsection shall certify to the local
assessor prior to commencement of the installation that the
installation of broadband infrastructure will facilitate
broadband service at or above the download and upload speeds
specified in the definition of targeted service area in section
8B.1 8.2 within a targeted service area and shall specify
the current number of homes, farms, schools, and businesses
in the targeted service area to which broadband service was
facilitated and the download and upload speeds available prior
to the broadband infrastructure installation for which the
exemption is claimed and the number of homes, farms, schools,
and businesses in the targeted service area to which broadband
service will be facilitated and the download and upload speeds
that will be available as a result of installation of the
broadband infrastructure for which the exemption is claimed.
Sec. 168. Section 427.1, subsection 40, paragraph f,
subparagraph (1), subparagraph division (d), Code 2024, is
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amended to read as follows:
(d) Certification from the office of the chief information
officer department of management that the installation will
facilitate broadband service in a targeted service area at
or above the download and upload speeds specified in the
definition of targeted service area in section 8B.1 in a
targeted service area 8.2 .
Sec. 169. Section 427.1, subsection 40, paragraph f,
subparagraphs (2) and (7), Code 2024, are amended to read as
follows:
(2) The department of revenue and the board of supervisors
shall not approve applications that are missing any of the
information or documentation required in subparagraph (1). The
department of revenue or the board of supervisors may consult
with the office of the chief information officer department of
management to access additional information needed to review
an application.
(7) At any time after the exemption is granted and the
broadband service is available in a targeted service area,
the department of revenue or the board of supervisors, as
applicable, under the direction of the office of the chief
information officer department of management , may require the
property owner receiving the exemption to substantiate that the
owner continues to provide the service described in paragraph
“b” . If the department of revenue or the board of supervisors
determines that the property owner no longer provides the
service described in paragraph “b” , the department of revenue or
the board of supervisors shall revoke the exemption. An owner
may appeal the decision to revoke the exemption in the same
manner as provided in subparagraphs (5) and (6), as applicable.
Sec. 170. Section 453A.35A, subsection 1, Code 2024, is
amended to read as follows:
1. A health care trust fund is created in the office of
the treasurer of state. The fund consists of the revenues
generated from the tax on cigarettes pursuant to section
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453A.6, subsection 1 , and from the tax on tobacco products
as specified in section 453A.43, subsections 1, 2, 3, and 4 ,
that are credited to the health care trust fund, annually,
pursuant to section 453A.35 . Moneys in the fund shall be
separate from the general fund of the state and shall not be
considered part of the general fund of the state. However, the
fund shall be considered a special account for the purposes
of section 8.53 relating to generally accepted accounting
principles. Moneys in the fund shall be used only as specified
in this section and shall be appropriated only for the uses
specified. Moneys in the fund are not subject to section 8.33
and shall not be transferred, used, obligated, appropriated,
or otherwise encumbered, except as provided in this section .
Notwithstanding section 12C.7, subsection 2 , interest or
earnings on moneys deposited in the fund shall be credited to
the fund.
Sec. 171. Section 461A.79, subsection 4, Code 2024, is
amended to read as follows:
4. Moneys available to be expended for purposes of this
section for public outdoor recreation and resources shall be
credited to or deposited to the general fund of the state and
appropriations made for purposes of this section shall be
allocated as provided in this section . Moneys credited to or
deposited to the general fund of the state pursuant to this
subsection are subject to the requirements of section 8.60 .
Sec. 172. Section 473.19A, subsection 2, paragraph a, Code
2024, is amended to read as follows:
a. Any moneys awarded or allocated to the state, its
citizens, or its political subdivisions as a result of the
federal court decisions and United States department of energy
settlements resulting from alleged violations of federal
petroleum pricing regulations attributable to or contained
within the Exxon fund. Amounts remaining in the oil overcharge
account established in section 455E.11, subsection 2 , paragraph
“e” , Code 2007, and the energy conservation trust established
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in section 473.11 , Code 2007, as of June 30, 2008, shall be
deposited into the building energy management fund pursuant to
this paragraph, notwithstanding section 8.60, subsection 15,
Code 2007 .
Sec. 173. Section 475A.6, subsection 3, Code 2024, is
amended to read as follows:
3. The office of consumer advocate may expend additional
funds, including funds for outside consultants, if those
additional expenditures are actual expenses which exceed
the funds budgeted for the performance of the advocate’s
duties. Before the office expends or encumbers an amount in
excess of the funds budgeted, the director of the department
of management shall approve the expenditure or encumbrance.
Before approval is given, the director of the department of
management shall determine that the expenses exceed the funds
budgeted by the general assembly to the office of consumer
advocate and that the office does not have other funds from
which such expenses can be paid. Upon approval of the director
of the department of management, the office may expend and
encumber funds for excess expenses. The amounts necessary
to fund the excess expenses shall be collected from those
utilities or persons which caused the excess expenditures, and
the collections shall be treated as repayment appropriated
receipts as defined in section 8.2 , subsection 8 .
Sec. 174. Section 477C.7, subsection 2, Code 2024, is
amended to read as follows:
2. The entities subject to assessment shall remit the
assessed amounts, as determined by the board, to a special
revenue fund, as defined under section 8.2 , subsection 9 . The
moneys in the fund are appropriated solely to plan, establish,
administer, and promote the relay service and equipment
distribution programs.
Sec. 175. Section 505.7, subsection 7, Code 2024, is amended
to read as follows:
7. The insurance division shall, by January 15 of each
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year, prepare estimates of projected receipts, refunds, and
reimbursements to be generated by the examinations function
of the division during the calendar year in which the report
is due, and such receipts, refunds, and reimbursements shall
be treated in the same manner as repayment appropriated
receipts, as defined in section 8.2, subsection 8, and shall be
available to the division to pay the expenses of the division’s
examination function.
Sec. 176. Section 523A.501, subsection 3, paragraph b, Code
2024, is amended to read as follows:
b. A request for criminal history data shall be submitted
to the department of public safety, division of criminal
investigation, pursuant to section 692.2, subsection 1 . The
commissioner may also require such applicants or licensees
to provide a full set of fingerprints, in a form and manner
prescribed by the commissioner. Such fingerprints may be
submitted to the federal bureau of investigation through the
state criminal history repository for a national criminal
history check. The commissioner may authorize alternate
methods or sources for obtaining criminal history record
information. The commissioner may, in addition to any other
fees, charge and collect such amounts as may be incurred by
the commissioner, the department of public safety, or the
federal bureau of investigation in obtaining criminal history
information. Amounts collected shall be considered repayment
appropriated receipts as defined in section 8.2 .
Sec. 177. Section 523A.502, subsection 4, paragraph b, Code
2024, is amended to read as follows:
b. A request for criminal history data shall be submitted
to the department of public safety, division of criminal
investigation, pursuant to section 692.2, subsection 1 . The
commissioner may also require such applicants or licensees,
to provide a full set of fingerprints, in a form and manner
prescribed by the commissioner. Such fingerprints may be
submitted to the federal bureau of investigation through the
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state criminal history repository for a national criminal
history check. The commissioner may authorize alternate
methods or sources for obtaining criminal history record
information. The commissioner may, in addition to any other
fees, charge and collect such amounts as may be incurred by
the commissioner, the department of public safety, or the
federal bureau of investigation in obtaining criminal history
information. Amounts collected shall be considered repayment
appropriated receipts as defined in section 8.2 .
Sec. 178. Section 524.207, subsection 4, Code 2024, is
amended to read as follows:
4. The banking division may expend additional funds,
including funds for additional personnel, if those additional
expenditures are actual expenses which exceed the funds
budgeted for bank or licensee examinations or investigations
and directly result from examinations or investigations of
banks or licensees. The amounts necessary to fund the excess
examination or investigation expenses shall be collected from
banks and licensees being regulated, and the collections shall
be treated as repayment appropriated receipts as defined
in section 8.2 . The division shall notify in writing the
legislative services agency and the department of management
when hiring additional personnel. The written notification
shall include documentation that any additional expenditure
related to such hiring will be totally reimbursed as provided
in section 546.12, subsection 2 , and shall also include
the division’s justification for hiring such personnel.
The division must obtain the approval of the department of
management only if the number of additional personnel to be
hired exceeds the number of full-time equivalent positions
authorized by the general assembly.
Sec. 179. Section 524.901, subsection 7, paragraph c,
subparagraph (2), subparagraph division (a), Code 2024, is
amended to read as follows:
(a) A targeted service area as defined in section 8B.1,
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subsection 13 8.2 .
Sec. 180. Section 533.111, subsection 3, paragraph a, Code
2024, is amended to read as follows:
a. The amounts necessary to fund the excess examination
expenses shall be collected from state credit unions being
regulated, and the collections shall be treated as repayment
appropriated receipts as defined in section 8.2 .
Sec. 181. Section 543D.22, subsection 5, Code 2024, is
amended to read as follows:
5. The board may, in addition to any other fees, charge
and collect such amounts as may be incurred by the board, the
department of public safety, or federal bureau of investigation
in obtaining criminal history information. Amounts collected
shall be considered repayment appropriated receipts as defined
in section 8.2 , subsection 8 .
Sec. 182. Section 543E.20, subsection 5, paragraph d, Code
2024, is amended to read as follows:
d. The director may, in addition to any other fees, charge
and collect such amounts as may be incurred by the director,
the department of public safety, or the federal bureau of
investigation in obtaining criminal history information.
Amounts collected shall be considered repayment appropriated
receipts as defined in section 8.2 .
Sec. 183. Section 556.18, subsection 3, Code 2024, is
amended to read as follows:
3. The treasurer of state shall annually credit all moneys
received under section 556.4 to the general fund of the state.
Moneys credited to the general fund of the state pursuant to
this subsection are subject to the requirements of subsections
1 and 2 and section 8.60 .
Sec. 184. Section 633.564, subsection 3, Code 2024, is
amended to read as follows:
3. The judicial branch, in conjunction with the department
of public safety, the department of health and human services,
and the state chief information officer department of
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management , shall establish procedures for electronic access to
the single contact repository established pursuant to section
135C.33 necessary to conduct background checks requested under
subsection 1 .
Sec. 185. 2022 Iowa Acts, chapter 1145, section 6,
subsection 1, is amended to read as follows:
1. The salary rates specified in subsection 2 are for the
fiscal year beginning July 1, 2022, effective for the pay
period beginning June 24, 2022, and for subsequent fiscal
years until otherwise provided by the general assembly. The
salaries provided for in this section shall be paid from moneys
allocated to the judicial branch from the salary adjustment
fund, or if the allocation is not sufficient, from moneys
appropriated to the judicial branch pursuant to this Act or any
other Act of the general assembly.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to the powers, duties, and
responsibilities of state government entities associated with
the budget, financial control, and information technology.
For purposes of Code chapter 8 (budget and financial
control), the bill defines “appropriable receipts”, “custodial
funds”, “general fund”, “government funds”, “private purposes
trust funds”, and “special revenue fund”. The term “repayment
receipts” is redefined as “appropriated receipts” and the term
is changed throughout the Code.
The bill adds relevant definitions from Code chapter 8B
(information technology) as part of the bill’s integration of
Code chapter 8B into Code chapter 8, including “broadband”,
“broadband infrastructure”, “communications service provider”,
“crop operation”, “facilitate”, “information technology”,
“information technology device”, “information technology
services”, “information technology staff”, “infrastructure
services”, “targeted service area”, “underserved area”,
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and “value-added services”. The bill replaces the term
“participating agency” for purposes of information technology
with the term “supported entity”.
The bill defines “capital project” for purposes of Code
section 8.3A (capital project planning and budgeting). The
term is also used in Code sections 8.5 and 8.22 for budgeting
purposes.
The bill authorizes the director of the department of
management (DOM) to establish, abolish, and consolidate
divisions within DOM. The bill strikes a provision requiring
the DOM director to post a $25,000 surety bond. Under current
law (Code section 8A.321(12)), the department of administrative
services (DAS) purchases a blanket surety bond for state
officers.
The bill consolidates Code sections 8.5 and 8.6, which
relate to general and specific duties of the DOM director.
Duties relating to the reporting of standing appropriations are
moved to Code section 8.22. Duties relating to the preparation
of local budget reports are moved to new Code section 8.48.
The bill adds duties relating to information technology as part
of the bill’s integration of Code chapter 8B into Code chapter
8, including preparing legislative proposals, designating a
chief information officer, providing advice to the governor,
consulting, and addressing cybersecurity.
The bill eliminates the special olympics fund and instead
provides a standing appropriation to DOM for such purposes.
The bill revises the functions and duties of the office of
grants enterprise management within DOM.
The bill authorizes DOM to establish one or more funds within
the state treasury under the control of DOM for purposes of
administering DOM.
The bill moves and alters provisions relating to
supplemental appropriations estimates from Code section 8.28 to
Code section 8.22.
The bill revises the duties of the revenue estimating
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conference and strikes provisions relating to the conference’s
estimate for tax refunds payable from estimated revenue and
certain specified revenue estimates.
The bill combines the Iowa economic emergency fund (EEF) and
the cash reserve fund (CRF) by (1) eliminating the EEF, (2)
increasing the maximum balance of the CRF from 7.5 percent of
the adjusted revenue estimate to 12.5 percent of the adjusted
revenue estimate, and (3) authorizing moneys in the CRF to
be used for purposes previously authorized for moneys in the
EEF. These authorizations include (1) support of the executive
council, (2) appropriations to the general fund of the state
(GF) under emergency circumstances when the balance of the
GF is negative, and (3) transfers of a budget surplus to the
taxpayer relief fund and to the GF, as applicable. Upon the
elimination of the EEF, remaining EEF moneys are transferred to
the CRF up to the CRF’s new maximum balance, and then to the GF.
The repeal dates for Code sections 8.57G (Iowa coronavirus
fiscal recovery fund) and 8.57H (Iowa coronavirus capital
projects fund) are extended from July 1, 2025, to July 1, 2027.
The Iowa skilled worker and job creation fund is moved to Code
chapter 8, subchapter V (special purpose funds), and the sports
wagering receipts fund is moved from Code section 8.57 to new
Code section 8.57I.
The bill revises the provisions establishing the office of
lean enterprise and change management within DOM.
In 2022, the general assembly converted the office of the
chief information officer (OCIO) from an independent agency to
an entity within DOM. Generally, the bill eliminates the OCIO
and updates and moves relevant provisions from Code chapter 8B
into Code chapter 8.
The bill authorizes the chief information officer and DOM to
adopt various information technology policies and procedures
and provide continuous monitoring through a cybersecurity
operations center. The bill designates DOM as the sole
authority in state government for providing and procuring
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information technology goods and services and for establishing
associated master agreements. The bill authorizes DOM to
establish and collect fees associated with purchases made from
DOM information technology agreements, to be retained by DOM
for administration.
Under the bill, employees of DOM are no longer subject to a
24-month limitation on employee interchange among governmental
entities.
The bill eliminates an existing exception providing that
the Iowa public employees’ retirement system (IPERS) is not
a supported entity for purposes of information technology,
thereby subjecting IPERS to DOM’s powers and responsibilities
relating to information technology under the bill.
The bill eliminates the salary adjustment fund, references
to the GAAP (generally accepted accounting principles) deficit,
and provisions relating to the preparation of a tentative
budget. The bill repeals provisions freezing appropriations
under Code sections 53.50 (expenses for absentee voting),
229.35 (expenses for state mental health and disability
services commission), 230.8 (expenses for transfers of persons
with mental illness), 230.11 (expenses for custody, care, and
investigation of persons with mental illness), and 663.44
(reimbursement for costs of habeas corpus proceedings). The
bill also repeals provisions limiting the use of moneys
collected under 1993 law along with provisions requiring the
tracking and reporting of those moneys.
The bill transfers Code section 8.7 (reporting of gifts and
bequests received) to Code chapter 68B (government ethics and
lobbying). By operation of law, the bill applies the penalties
in Code section 68B.34 to Code section 8.7. A person who
knowingly and intentionally violates Code section 8.7 is guilty
of a serious misdemeanor and may be reprimanded, suspended, or
dismissed from the person’s position or otherwise sanctioned.
A serious misdemeanor is punishable by confinement for no more
than one year and a fine of at least $430 but not more than
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S.F. 2375
$2,560.
The bill repeals provisions relating to the establishment
of OCIO, OCIO’s duties, prohibited pecuniary interests of the
chief information officer, and required reporting by OCIO.
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