Senate Amendment to House File 1028 H-1343 Amend House File 1028, as amended, passed, and reprinted by 1 the House, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < Section 1. Section 8.57C, subsections 2, 3, and 4, Code 5 2025, are amended to read as follows: 6 2. Moneys in the fund in a fiscal year shall be used as 7 appropriated by the general assembly for the acquisition 8 of computer hardware and software, software development, 9 telecommunications equipment, and maintenance and lease 10 agreements associated with technology components and for the 11 purchase of equipment intended to provide an uninterruptible 12 power supply to the department of management to provide 13 a stable funding source for implementation costs of state 14 information technology projects that enhance the state’s 15 technology infrastructure, improve government services, 16 and promote innovation and economic development, including 17 but not limited to new information technology projects 18 and infrastructure replacement efforts of a department or 19 establishment . 20 3. a. The department of management shall prioritize 21 proposed projects based on all of the following considerations: 22 (1) Whether the project aligns with the state’s strategic 23 priorities. 24 (2) Whether the project promotes or introduces new 25 technology or significantly improves an existing system. 26 (3) Whether the project is feasible and whether the 27 department or establishment has established readiness for the 28 project to proceed, including a clear assessment of timelines, 29 budgets, and measurable outcomes. 30 (4) Whether the project includes a clear change management 31 strategy to support user adoption and aligns with lean 32 enterprise principles to maximize value, minimize waste, and 33 ensure continuous improvement. 34 (5) Whether the project provides a positive return on 35 -1- HF 1028.2029.S (1) 91 mb 1/ 14 #1.

investment, considering both financial returns and nonfinancial 1 benefits such as improved public safety, education, or health 2 care. 3 (6) Whether the project results in infrastructure that is 4 scalable across the state enterprise. 5 (7) Whether the department or establishment has identified 6 how the completed project will be sustained beyond the initial 7 funding period. 8 (8) Whether the project improves access to governmental 9 services, particularly in rural communities. 10 (9) Whether the project involves an infrastructure project 11 as opposed to maintenance or standard upgrades of existing 12 technology. 13 b. The department of management shall provide a prioritized 14 list of proposed projects for funding to the governor, who 15 shall use the list in developing a budgetary recommendation 16 for the general assembly pursuant to section 8.21 for the 17 fiscal year beginning July 1, 2026, and for each fiscal year 18 thereafter. 19 3. a. There is appropriated from the general fund of the 20 state to the technology reinvestment fund for the fiscal year 21 beginning July 1, 2025, and for each subsequent fiscal year 22 thereafter, the sum of seventeen million five hundred thousand 23 dollars. 24 b. There is appropriated from the rebuild Iowa 25 infrastructure fund for the fiscal year beginning July 1, 2023, 26 and ending June 30, 2024, the sum of eighteen million three 27 hundred ninety thousand two hundred ninety dollars to the 28 technology reinvestment fund, notwithstanding section 8.57, 29 subsection 3 , paragraph “c” . 30 c. There is appropriated from the rebuild Iowa 31 infrastructure fund for the fiscal year beginning July 1, 2024, 32 and ending June 30, 2025, the sum of twenty-one million one 33 hundred thirty-one thousand eight hundred seventy-three dollars 34 to the technology reinvestment fund, notwithstanding section 35 -2- HF 1028.2029.S (1) 91 mb 2/ 14

8.57, subsection 3 , paragraph “c” . 1 c. Notwithstanding section 8.33, moneys in the technology 2 reinvestment fund that remain unencumbered or unobligated at 3 the close of a fiscal year shall not revert but shall remain 4 available for expenditure for the purposes designated until 5 the close of the fiscal year that ends two years after the 6 end of the fiscal year for which the appropriation was made. 7 Notwithstanding section 12C.7, subsection 2, interest or 8 earnings on moneys in the fund shall be credited to the fund. 9 4. Annually, on On or before January 15 of each year, a 10 state agency that received an appropriation from this fund 11 the department of management shall report to the legislative 12 services agency and the department of management general 13 assembly the status of all projects funded under this section 14 that have been completed since the previous report was 15 submitted or that are in progress. The report shall must 16 include a description of the project, the progress of work 17 completed, the total estimated cost of the project, a list of 18 all revenue sources being used to fund the project, the amount 19 of funds moneys expended, the amount of funds moneys obligated, 20 and the date the project was completed or an estimated 21 completion date of the project, where applicable. 22 Sec. 2. Section 8.78, Code 2025, is amended to read as 23 follows: 24 8.78 Background checks. 25 An applicant for employment with the department, or 26 an applicant for employment with a supported entity for a 27 position as information technology staff, may be subject to a 28 background investigation by the department. The background 29 investigation may include, without limitation, a work history, 30 financial review, request for criminal history data, and 31 national criminal history check through the federal bureau of 32 investigation. In addition, a contractor, vendor, employee, or 33 any other individual performing work for the department, or an 34 individual on the information technology staff of a supported 35 -3- HF 1028.2029.S (1) 91 mb 3/ 14

entity, may be subject to a national criminal history check 1 through the federal bureau of investigation at least once 2 every ten five years, including, without limitation, any time 3 the department or supported entity has reason to believe an 4 individual has been convicted of a crime. The department may 5 request the national criminal history check and, if requested, 6 shall provide the individual’s fingerprints to the department 7 of public safety for submission through the state criminal 8 history repository to the federal bureau of investigation. 9 The individual shall authorize release of the results of the 10 national criminal history check to the department and the 11 applicable supported entity. The department shall pay the 12 actual cost of the fingerprinting and national criminal history 13 check, if any, unless otherwise agreed as part of a contract 14 between the department or supported entity and a vendor or 15 contractor performing work for the department or supported 16 entity. The results of a criminal history check conducted 17 pursuant to this section shall not be considered a public 18 record under chapter 22 . 19 Sec. 3. NEW SECTION . 8.94 Contracts —— prohibited terms. 20 Provisions included in a contract entered into pursuant to 21 this subchapter that impose terms or conditions prohibited by 22 this section are void as contrary to public policy. Such a 23 contract shall be interpreted and enforced as if the contract 24 did not include the prohibited terms or conditions. Prohibited 25 terms and conditions include all of the following: 26 1. A provision requiring the department or a supported 27 entity to defend, indemnify, hold harmless another person, or 28 otherwise assume the debt or liability of another person in 29 violation of Article VII, section 1, of the Constitution of the 30 State of Iowa. 31 2. A provision that seeks to impose a term that is unknown 32 to the department or supported entity at the time of signing 33 the contract or that can be unilaterally changed by an entity 34 other than the department or a supported entity. 35 -4- HF 1028.2029.S (1) 91 mb 4/ 14

3. A provision that violates chapter 13 by not allowing 1 the department or a supported entity to participate in its own 2 defense through representation by the attorney general. 3 4. A provision that grants to a person other than the 4 attorney general the authority to convey to a court or litigant 5 the state’s consent to any settlement of a suit involving the 6 contract when such settlement could impose liability on the 7 state. 8 5. A provision that specifies that the contract is governed 9 by the laws of a foreign state or nation. 10 6. A provision that claims blanket confidentiality of the 11 contract’s terms. 12 7. A provision that claims that payment terms, including but 13 not limited to cost proposals or other pricing information, of 14 the contract are confidential. 15 8. A provision that authorizes or requires a venue for 16 litigation other than an appropriate state or federal court 17 sitting in Iowa. 18 9. A provision that requires the department or a supported 19 entity to pay attorney fees, court costs, or other litigation 20 expenses in the event of a contractual dispute. 21 10. A provision that imposes on the department or a 22 supported entity binding arbitration or any other binding 23 extrajudicial dispute resolution process in which the final 24 resolution is not determined by the state. 25 11. A provision that waives the department’s or a supported 26 entity’s right to a jury trial. 27 12. A provision that obligates the department or a supported 28 entity to pay late payment charges not consistent with section 29 8A.514, interest greater than allowed under section 8A.514 or 30 other applicable law, or any cancellation charges, as such 31 charges constitute pledges of the state’s credit. 32 13. A provision that obligates the department or a supported 33 entity to pay a tax. 34 14. A provision that imposes a prior notice obligation 35 -5- HF 1028.2029.S (1) 91 mb 5/ 14

on the department or a supported entity as a condition for 1 the automatic renewal of a software license. The department 2 or a supported entity may provide notice of its intent to 3 terminate a software license at any time before the renewal 4 date established in the contract. 5 15. A provision that obligates the department or a supported 6 entity to accept risk of loss before the receipt of items or 7 goods. 8 16. A provision that obligates the department or a supported 9 entity to have commercial insurance. 10 17. A provision that obligates the department or a supported 11 entity to grant to a nongovernmental entity full or partial 12 ownership of intellectual property developed pursuant to the 13 contract when the intellectual property is developed in whole 14 or in part using federal funding. 15 18. A provision that limits the time in which the department 16 or a supported entity may bring a legal claim under the 17 contract to a period shorter than that provided in Iowa law. 18 19. A boilerplate provision included in transactional 19 documents received by the department or a supported entity that 20 seeks to alter the terms of the contract or to impose new terms 21 in the contract. 22 Sec. 4. NEW SECTION . 8.95 Contracts —— required terms. 23 All of the following provisions shall be deemed to be 24 included in a contract entered into by the department or a 25 supported entity under this subchapter: 26 1. Governing law. The contract shall be governed by 27 the laws of the state of Iowa, without giving effect to any 28 conflicts of law principles of Iowa law that may require the 29 application of another jurisdiction’s law. 30 2. Venue. Any litigation commenced in connection with the 31 contract shall be brought and maintained in an appropriate 32 state or federal court sitting in Iowa. 33 Sec. 5. NEW SECTION . 8.96 Contracts —— limitation of 34 liability —— prohibited terms. 35 -6- HF 1028.2029.S (1) 91 mb 6/ 14

Notwithstanding section 8A.311, subsection 22, and rules 1 adopted pursuant to that subsection, the director may include 2 a contractual limitation of vendor liability in information 3 technology goods and services contracts. A contractual 4 limitation of vendor liability must take into consideration the 5 public interest and the mitigation of risks associated with the 6 use of information technology goods or services. Any portion 7 of a contractual limitation of vendor liability that includes 8 a repudiation of all liability for cybersecurity incidents or 9 a limitation on the vendor’s liability for intentional torts, 10 criminal acts, fraudulent conduct, intentional or willful 11 misconduct, gross negligence, death, bodily injury, damage to 12 real or personal property, intellectual property violations, 13 liquidated damages, compliance with applicable laws, violations 14 of confidential information obligations, or contractual 15 obligations of the vendor pertaining to indemnification shall 16 be void as a matter of law as contrary to public policy. A 17 contractual limit of vendor liability that does not apply 18 equally to the contracted parties or that limits a vendor’s 19 liability to less than the contract value inclusive of all 20 possible extensions is void as a matter of law as contrary to 21 public policy. 22 Sec. 6. NEW SECTION . 8.97 Confidentiality of communications 23 with chief information security officer. 24 In the interest of facilitating communication between 25 the chief information security officer and other entities 26 concerning security incidents and security breaches, all such 27 communications and any documents generated based in whole or in 28 part on such communications are confidential. Notwithstanding 29 chapter 22 or any other provision of law to the contrary, the 30 department shall not release such communications pursuant to 31 state open records laws, and such communications shall not be 32 received into evidence, subject to discovery, or otherwise 33 used in a trial, hearing, or other proceeding in or before any 34 court, regulatory body, or other authority of the state or a 35 -7- HF 1028.2029.S (1) 91 mb 7/ 14

political subdivision of the state, unless the communications 1 are subject to a protective order that prohibits further 2 disclosure of such communications and requires any court 3 filings of such communications to be made under seal. It is 4 the intent of the general assembly that these prohibitions and 5 restrictions also apply to federal courts, regulatory bodies, 6 and other authorities and for purposes of federal open records 7 laws, to the extent allowed by federal law and court rules. 8 The chief information security officer shall not release such 9 communications other than for any of the following purposes: 10 1. Identifying a cybersecurity threat, including the source 11 of the cybersecurity threat, or a security vulnerability, and 12 then only to government officials for purposes of addressing 13 the threat. 14 2. Responding to, or otherwise preventing or mitigating, 15 a specific threat of death, serious bodily harm, or serious 16 economic harm. 17 3. Responding to, investigating, prosecuting, or otherwise 18 preventing or mitigating a serious threat to a minor, including 19 sexual exploitation and threats to physical safety. 20 4. Preventing, investigating, disrupting, or prosecuting an 21 offense under state or federal law. 22 5. Providing a confidential cybersecurity briefing to the 23 governor or a member of the general assembly. 24 Sec. 7. NEW SECTION . 8.98 Criminal justice information. 25 1. The department is authorized to maintain an integrated 26 information system that enables automated data sharing among 27 the executive branch, judicial branch, and local agencies. 28 2. The department is designated as the Iowa statistical 29 analysis center for the purpose of coordinating with data 30 resource agencies to provide data and analytical information 31 to federal, state, and local governments. Notwithstanding any 32 other provision of state law to the contrary, unless prohibited 33 by federal law or regulation, the department shall be granted 34 access, for purposes of research and evaluation, to all of 35 -8- HF 1028.2029.S (1) 91 mb 8/ 14

the data listed in this subsection, except that intelligence 1 data and peace officer investigative reports maintained 2 by the department of public safety shall not be considered 3 data for the purposes of this section. The department of 4 management and any record, data, or information obtained by the 5 department under this subsection is subject to the federal and 6 state confidentiality laws and rules, including as described 7 in chapter 22, applicable to the original record, data, or 8 information, and to the original custodian of the record, 9 data, or information. Authorized access under this subsection 10 includes but is not limited to all of the following: 11 a. Juvenile court records and all other information 12 maintained under sections 232.147 through 232.151. 13 b. Child abuse information under sections 235A.15 through 14 235A.19. 15 c. Dependent adult abuse records maintained under chapter 16 235B. 17 d. Criminal history data maintained under chapter 692. 18 e. Sex offender registry information maintained under 19 chapter 692A. 20 f. Presentence investigation reports maintained under 21 section 901.4. 22 g. Corrections records maintained under sections 904.601 and 23 904.602. 24 h. Community-based correctional program records maintained 25 under chapter 904. 26 i. Parole records maintained under chapter 906. 27 j. Deferred judgment, deferred or suspended sentence, and 28 probation records maintained under chapter 907. 29 k. Violation of parole or probation records maintained under 30 chapter 908. 31 l. Fine and victim restitution records maintained under 32 chapters 909 and 910. 33 m. Child welfare records maintained under chapter 235. 34 3. The department is authorized to provide data analysis and 35 -9- HF 1028.2029.S (1) 91 mb 9/ 14

reporting on issues that may affect the state’s correctional 1 population and various subgroups of the population. This 2 reporting may include the review of filed, public legislative 3 bills, joint resolutions, and amendments, and compiling 4 criminal justice data for completion of correctional impact 5 statements under section 2.56, racial impact statements, and an 6 annual prison population forecast. 7 4. The department is authorized to maintain a multiagency 8 information system to track the progress of juveniles and 9 adults who have been charged with a criminal offense in 10 the court system through various state and local agencies 11 and programs. This system must utilize existing databases, 12 including the Iowa court information system, the Iowa 13 corrections offender network, the child welfare information 14 system of the department of health and human services, 15 the federally mandated national adoption and foster care 16 information system, and other state and local databases 17 pertaining to juveniles and to adults who have been charged 18 with a criminal offense in the court system, to the extent 19 practicable. 20 5. The multiagency information system is authorized to 21 count and track decision points for juveniles in the juvenile 22 justice system and minors in the child welfare system, evaluate 23 the experiences of the juveniles and minors, and evaluate 24 the success of the services provided. The system is also 25 authorized to count and track decision points for adults who 26 have been charged with a criminal offense in the court system, 27 including but not limited to dismissed charges, convictions, 28 deferred judgments, and sentence information. 29 6. If the department has insufficient moneys or resources 30 to implement this section, the department is authorized to 31 determine which portion of this section may be implemented, if 32 any, and the remainder of this section shall not apply. 33 Sec. 8. NEW SECTION . 8.99 Confidentiality of data. 34 1. For purposes of chapter 22, the department shall not be 35 -10- HF 1028.2029.S (1) 91 mb 10/ 14

deemed to be the lawful custodian of records the department 1 maintains for another department or establishment under this 2 subchapter, to the extent the records in question are held 3 by the department as an automated data processing unit of 4 government or held by the department solely for storage for 5 another department or establishment. Such records include but 6 are not limited to all of the following: 7 a. Electronic messaging system data. 8 b. Mainframe data. 9 c. Storage solutions or other electronic information, such 10 as on-premises server data storage and cloud data storage. 11 2. If the department receives a request pursuant to chapter 12 22 for records over which the department has determined it is 13 not the lawful custodian, the department shall deny the request 14 and inform the requester to seek the information from the 15 lawful custodian as provided in chapter 22. The department’s 16 determination that it is not the lawful custodian of records is 17 presumed valid. The presumption may be rebutted by clear and 18 convincing evidence to the contrary. 19 3. The department shall provide assistance to the lawful 20 custodian of records held by the department so that the lawful 21 custodian can comply with the production obligations of chapter 22 22. 23 4. If the department receives a subpoena in an 24 administrative, civil, or criminal case for records for which 25 the department is not the lawful custodian, the department 26 shall notify the lawful custodian and the attorney general’s 27 office and cooperate in any efforts to resist the subpoena. 28 Sec. 9. Section 216A.131A, Code 2025, is amended to read as 29 follows: 30 216A.131A Criminal and juvenile justice planning. 31 The department shall fulfill the responsibilities of 32 this subchapter , including the duties specified in sections 33 216A.133, 216A.135 , 216A.136 , 216A.137 , 216A.138 , and 216A.140 . 34 Sec. 10. Section 216A.133, subsection 1, paragraphs d, e, f, 35 -11- HF 1028.2029.S (1) 91 mb 11/ 14

l, and t, Code 2025, are amended by striking the paragraphs. 1 Sec. 11. Section 216A.133, subsection 1, paragraph q, 2 subparagraphs (1) and (6), Code 2025, are amended by striking 3 the subparagraphs. 4 Sec. 12. Section 216A.133, subsection 1, paragraph s, Code 5 2025, is amended to read as follows: 6 s. Provide expertise and advice to the legislative 7 services agency, the department of management, the department 8 of corrections, the judicial branch, and others charged 9 with formulating fiscal, correctional, or minority impact 10 statements. 11 Sec. 13. Section 216A.135, subsection 2, paragraph e, Code 12 2025, is amended by striking the paragraph. 13 Sec. 14. Section 232.147, subsection 2, paragraph i, Code 14 2025, is amended to read as follows: 15 i. The statistical analysis center for the purposes stated 16 in section 216A.136 8.98 . 17 Sec. 15. Section 232.147, subsection 3, paragraph n, Code 18 2025, is amended to read as follows: 19 n. The statistical analysis center for the purposes stated 20 in section 216A.136 8.98 . 21 Sec. 16. Section 232.147, subsection 4, paragraph i, Code 22 2025, is amended to read as follows: 23 i. The statistical analysis center for the purposes stated 24 in section 216A.136 8.98 . 25 Sec. 17. Section 232.149, subsection 5, paragraph f, Code 26 2025, is amended to read as follows: 27 f. The statistical analysis center for the purposes stated 28 in section 216A.136 8.98 . 29 Sec. 18. Section 232.149A, subsection 3, paragraph m, Code 30 2025, is amended to read as follows: 31 m. The statistical analysis center for the purposes stated 32 in section 216A.136 8.98 . 33 Sec. 19. Section 513C.10, subsection 1, paragraph a, Code 34 2025, is amended to read as follows: 35 -12- HF 1028.2029.S (1) 91 mb 12/ 14

a. All persons that provide health benefit plans in this 1 state including insurers providing accident and sickness 2 insurance under chapter 509 , 514 , or 514A , whether on an 3 individual or group basis; fraternal benefit societies 4 providing hospital, medical, or nursing benefits under chapter 5 512B ; and health maintenance organizations, other entities 6 providing health insurance or health benefits subject to state 7 insurance regulation, and all other insurers as designated 8 by the board of directors of the Iowa comprehensive health 9 insurance association with the approval of the commissioner 10 shall be members of the association. However, the state, 11 including an institution under the control of the state board 12 of regents, shall not be a member of the association. 13 Sec. 20. REPEAL. Sections 216A.136, 216A.137, and 14 216A.138, Code 2025, are repealed. 15 Sec. 21. EFFECTIVE DATE. The following, being deemed of 16 immediate importance, takes effect upon enactment: 17 The section of this Act amending section 513C.10, subsection 18 1, paragraph “a”. 19 Sec. 22. EFFECTIVE DATE. The following take effect July 1, 20 2026: 21 The portions of the section of this Act amending section 22 8.57C, subsections 2 and 4. 23 Sec. 23. APPLICABILITY. The following apply to contracts 24 entered into or renewed on or after July 1, 2025: 25 1. The section of this Act enacting section 8.94. 26 2. The section of this Act enacting section 8.95. 27 3. The section of this Act enacting section 8.96. 28 Sec. 24. RETROACTIVE APPLICABILITY. The following applies 29 retroactively to January 1, 2020: 30 The section of this Act amending section 513C.10, subsection 31 1, paragraph “a”. > 32 2. Title page, by striking lines 1 through 2 and inserting 33 < An Act relating to state government, including matters 34 under the purview of the department of management and state 35 -13- HF 1028.2029.S (1) 91 mb 13/ 14