House File 2708 - Introduced HOUSE FILE 2708 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HF 2622) (SUCCESSOR TO HSB 695) A BILL FOR An Act relating to the powers, duties, and responsibilities 1 of state government entities associated with the budget, 2 financial control, and information technology, making 3 penalties applicable, and making appropriations. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5393HZ (3) 90 ns/jh
H.F. 2708 DIVISION I 1 BUDGET AND FINANCIAL CONTROL —— INFORMATION TECHNOLOGY 2 Section 1. Section 8.2, Code 2024, is amended to read as 3 follows: 4 8.2 Definitions. 5 When used in this chapter : 6 1. “Appropriated receipts” means receipts that have been 7 appropriated by the general assembly. 8 1. 2. “Block grant” means funds from the federal government 9 awarded in broad program areas within which the state is given 10 considerable latitude in determining how funds are used and for 11 which the state develops its own plan for spending according 12 to general federal guidelines. “Block grant” does not include 13 education research grants. 14 2. 3. “Budget” means the budget document required by this 15 chapter to be transmitted to the legislature general assembly . 16 3. 4. “Categorical grant” means federal funds applied 17 for and received by the state which are in the form of 18 entitlements, formula grants, discretionary grants, open-ended 19 entitlements , or another form that may be used only for 20 specific , narrowly defined activities , except funds for 21 student aid and assistance; grants, contracts , and cooperative 22 agreements for research and training for which no appropriated 23 matching funds are required; and reimbursements for services 24 rendered. 25 4. “Code” or “the Code” means the Code of Iowa. 26 5. “Custodial funds” means those funds from various 27 deposits, taxes, or other means that are properly collected 28 from, held for, and distributed to individuals, private 29 organizations, and other governments as provided by law. 30 5. 6. The terms “department and establishment” and 31 “department” or “establishment” , “department or establishment” 32 mean any executive department, commission, board, institution, 33 bureau, office, or other agency of the state government, by 34 whatever name called, that uses, expends, or receives any 35 -1- LSB 5393HZ (3) 90 ns/jh 1/ 102
H.F. 2708 state government funds, including the state department of 1 transportation, except for funds which that are required 2 to match federal aid allotted to the state by the federal 3 government for highway special purposes, but excluding the 4 courts and the legislature general assembly . 5 7. “General fund” means the general fund of the state 6 established pursuant to section 444.21. 7 6. 8. “Government” means the government of the state of 8 Iowa. 9 7. “Private trust funds” means any and all endowment 10 funds and any and all moneys received by a department or 11 establishment from private persons to be held in trust and 12 expended as directed by the donor. 13 8. “Repayment receipts” means those moneys collected by a 14 department or establishment that supplement an appropriation 15 made by the legislature. 16 9. “Government funds” means all moneys appropriated by the 17 general assembly, or moneys collected by or for the state, or a 18 department or establishment of the state, pursuant to authority 19 granted by law. 20 10. “Private purpose trust funds” means trust arrangements 21 under which the principal and income benefit individuals, 22 private organizations, or other governments. “Private purpose 23 trust funds” does not include pension or other employee benefit 24 trust funds or investment trust funds. 25 9. 11. “Special fund” “Special revenue fund” means any 26 and all government fees and other revenue receipts earmarked 27 to finance a governmental agency to which no a general fund 28 appropriation is not made by the state. 29 10. “State funds” means any and all moneys appropriated by 30 the legislature, or money collected by or for the state, or an 31 agency thereof, pursuant to authority granted by any of its 32 laws. 33 11. 12. “Unencumbered balance” means the unobligated 34 balance of an appropriation after charging thereto to the 35 -2- LSB 5393HZ (3) 90 ns/jh 2/ 102
H.F. 2708 appropriation all unpaid liabilities for goods and services and 1 all contracts or agreements payable from an the appropriation 2 or a special fund . 3 Sec. 2. Section 8.3A, subsection 1, paragraph a, Code 2024, 4 is amended to read as follows: 5 a. “Capital project” means a project that consists 6 of nonroutine repairs and replacements unrelated to new 7 construction for which the cost is two hundred fifty thousand 8 dollars or more, new construction, infrastructure or site 9 development, equipment, or information technology, as defined 10 in section 8B.1. “Capital project” includes land acquisition 11 and projects that extend the useful life of or change the 12 functional use of a facility. 13 “Capital project” does not include highway and right-of-way 14 projects or airport capital projects undertaken by the state 15 department of transportation and financed from dedicated 16 funds or capital projects funded by nonstate grants, gifts, 17 or contracts obtained at or through state universities, if 18 the projects do not require a commitment of additional state 19 resources for maintenance, operations, or staffing. 20 Sec. 3. Section 8.4, Code 2024, is amended to read as 21 follows: 22 8.4 Department of management. 23 The department of management is created, which is directly 24 attached to the office of the governor and under the general 25 direction, supervision, and control of the governor. The 26 office is in immediate charge of an officer to be known 27 as “the director”, who shall be appointed by the governor, 28 subject to confirmation by the senate, and shall hold office 29 at the governor’s pleasure and shall receive a salary as set 30 by the governor. The director may establish, abolish, and 31 consolidate divisions within the department of management 32 when necessary for the efficient performance of the various 33 functions and duties of the department of management. Before 34 entering upon the discharge of duties, the director shall 35 -3- LSB 5393HZ (3) 90 ns/jh 3/ 102
H.F. 2708 take the constitutional oath of office and give a surety bond 1 in the penalty fixed by the governor, payable to the state, 2 which shall not be less than twenty-five thousand dollars, 3 conditioned upon the faithful discharge of the director’s 4 duties . The premium on the bond shall be paid out of the state 5 treasury. 6 Sec. 4. Section 8.5, subsection 1, Code 2024, is amended 7 by striking the subsection and inserting in lieu thereof the 8 following: 9 1. Personnel. Employ personnel as necessary for the 10 performance of the duties and responsibilities assigned to the 11 department of management. 12 Sec. 5. Section 8.5, Code 2024, is amended by adding the 13 following new subsections: 14 NEW SUBSECTION . 5. Investigations. Make such 15 investigations of the organization, activities, and methods of 16 procedure of the several departments and establishments as the 17 director of the department of management may be called upon to 18 make by the governor or general assembly. 19 NEW SUBSECTION . 6. Legislative assistance. 20 a. Furnish to any committee of either house of the general 21 assembly having jurisdiction over revenues or appropriations 22 such assistance and information regarding the financial affairs 23 of the government as the committee may request. 24 b. Develop and recommend legislative proposals deemed 25 necessary for the continued efficiency of the department of 26 management in performing information technology functions under 27 subchapter XI, and review legislative proposals generated 28 outside of the department which are related to matters within 29 the department’s purview. 30 NEW SUBSECTION . 7. Rules. Make such rules, subject to the 31 approval of the governor, as may be necessary for effectively 32 carrying on the work of the department of management. The 33 director may, with the approval of the executive council, 34 require any state official, agency, department, or commission, 35 -4- LSB 5393HZ (3) 90 ns/jh 4/ 102
H.F. 2708 to require any applicant, registrant, filer, permit holder, 1 or license holder, whether individual, partnership, trust, or 2 corporation, to submit to said official, agency, department, 3 or commission, the social security number or the tax number or 4 both so assigned to said individual, partnership, trust, or 5 corporation. 6 NEW SUBSECTION . 8. Allotments. Perform the necessary work 7 involved in reviewing requests for allotments as are submitted 8 to the governor for approval. 9 NEW SUBSECTION . 9. Budget document. Prepare the budget 10 document and draft the legislation to make it effective. 11 NEW SUBSECTION . 10. Taxation transparency and 12 disclosure. Exercise the powers and perform the duties 13 and responsibilities of the director and the department as 14 authorized or required under chapter 8G. 15 NEW SUBSECTION . 11. General control. Perform such other 16 duties as may be required to effectively control the financial 17 operations of the government as limited by this chapter. 18 NEW SUBSECTION . 12. Capital project budgeting 19 requests. Compile annually all capital project budgeting 20 requests of all state agencies, as those terms are defined in 21 section 8.3A, and to consolidate the requests, with individual 22 state agency priorities noted, into a report for submission 23 with the budget documents by the governor pursuant to section 24 8.22. Any additional information regarding the capital 25 project budgeting requests or priorities shall be compiled and 26 submitted in the same report. 27 NEW SUBSECTION . 13. Capital project planning and budgeting 28 authority. Call upon any state agency, as defined in section 29 8.3A, for assistance the director may require in performing the 30 director’s duties under subsection 12. All state agencies, 31 upon the request of the director, shall assist the director and 32 are authorized to make available to the director any existing 33 studies, surveys, plans, data, and other materials in the 34 possession of the state agencies which are relevant to the 35 -5- LSB 5393HZ (3) 90 ns/jh 5/ 102
H.F. 2708 director’s duties. 1 NEW SUBSECTION . 14. State tort claims —— risk management 2 coordinator. Designate a position within the department of 3 management to serve as the executive branch’s risk management 4 coordinator. 5 a. The risk management coordinator shall have all of the 6 following responsibilities: 7 (1) Coordinating and monitoring risk control policies and 8 programs in the executive branch, including but not limited 9 to coordination with the employees of departments who are 10 responsible for the workers’ compensation for state employees 11 and management of state property. 12 (2) Consulting with the attorney general with respect to 13 the risk control policies and programs and trends in claims and 14 liability of the state under chapter 669. 15 (3) Coordinating the state’s central data repository for 16 claims and risk information. 17 b. The costs of salary, benefits, and support for the risk 18 management coordinator shall be authorized by the state appeal 19 board established in chapter 73A and shall be paid as claims 20 for services furnished to the state under section 25.2. 21 NEW SUBSECTION . 15. Salary model administrator. Designate 22 a position within the department of management to serve as the 23 salary model administrator. 24 a. The salary model administrator shall work in conjunction 25 with the legislative services agency to maintain the state’s 26 salary model used for analyzing, comparing, and projecting 27 state employee salary and benefit information, including 28 information relating to employees of the state board of 29 regents. 30 b. The department of revenue, the department of 31 administrative services, the institutions governed by the state 32 board of regents pursuant to section 262.7, each judicial 33 district’s department of correctional services, and the state 34 department of transportation shall provide salary data to the 35 -6- LSB 5393HZ (3) 90 ns/jh 6/ 102
H.F. 2708 department of management and the legislative services agency 1 to operate the state’s salary model. The format and frequency 2 of provision of the salary data shall be determined by the 3 department of management and the legislative services agency. 4 c. The information shall be used in collective bargaining 5 processes under chapter 20 and in calculating the funding needs 6 contained within any annual salary adjustment legislation. 7 A state employee organization as defined in section 20.3, 8 subsection 4, may request information produced by the model, 9 but the information provided shall not contain information 10 attributable to individual employees. 11 NEW SUBSECTION . 16. Chief information officer. Designate a 12 position within the department of management to serve as the 13 chief information officer for the department and supported 14 entities, as defined in section 8B.1, who shall be the sole 15 chief information officer for the department and supported 16 entities. 17 NEW SUBSECTION . 17. Gubernatorial advice. Provide advice 18 to the governor, including advice related to information 19 technology, as defined in section 8B.1. 20 NEW SUBSECTION . 18. Information technology 21 consultation. Consult with departments and establishments on 22 issues related to information technology, as defined in section 23 8B.1. 24 NEW SUBSECTION . 19. Cybersecurity. Exercise the sole 25 authority in the executive branch of state government for 26 convening cross-jurisdictional, multi-entity collaborations to 27 address cybersecurity issues for supported entities, as defined 28 in section 8B.1. 29 NEW SUBSECTION . 20. Designation of services —— funding —— 30 customer council. 31 a. Establish a process by which the department of 32 management, in consultation with the department of 33 administrative services, determines which services provided 34 by the department of administrative services shall be funded 35 -7- LSB 5393HZ (3) 90 ns/jh 7/ 102
H.F. 2708 by an appropriation and which services shall be funded by the 1 governmental entity receiving the service. 2 b. Establish a process for determining whether the 3 department of administrative services shall be the sole 4 provider of a service for purposes of those services which the 5 department of management determines under paragraph “a” are to 6 be funded by the governmental entities receiving the service. 7 c. (1) Establish, by rule, a customer council responsible 8 for overseeing the services provided solely by the department 9 of administrative services. The rules adopted shall provide 10 for all of the following: 11 (a) The method of appointment of members to the council by 12 the governmental entities required to receive the services. 13 (b) The duties of the customer council which shall be as 14 follows: 15 (i) Annual review and approval of the department of 16 administrative services’ business plan regarding services 17 provided solely by the department of administrative services. 18 (ii) Annual review and approval of the procedure for 19 resolving complaints concerning services provided by the 20 department of administrative services. 21 (iii) Annual review and approval of the procedure 22 for setting rates for the services provided solely by the 23 department of administrative services. 24 (c) A process for receiving input from affected 25 governmental entities as well as for a biennial review by the 26 customer council of the determinations made by the department 27 of management of which services are funded by an appropriation 28 to the department of administrative services and which services 29 are funded by the governmental entities receiving the service, 30 including any recommendations as to whether the department of 31 administrative services shall be the sole provider of a service 32 funded by the governmental entities receiving the service. The 33 department of management, in consultation with the department 34 of administrative services, may change the determination of 35 -8- LSB 5393HZ (3) 90 ns/jh 8/ 102
H.F. 2708 a service if the change is in the best interests of those 1 governmental entities receiving the service. 2 (2) If a service to be provided may also be provided to the 3 judicial branch or legislative branch, then the rules shall 4 provide that the chief justice of the supreme court may appoint 5 a member to the customer council, and the legislative council 6 may appoint a member from the senate and a member from the 7 house of representatives to the customer council, respectively, 8 at their discretion. 9 NEW SUBSECTION . 21. Annual report. On an annual basis, 10 the department of management shall prepare a report to the 11 governor and the general assembly regarding the total spending 12 on technology for the previous fiscal year, the total amount 13 appropriated for the current fiscal year, and an estimate of 14 the amount to be requested for the succeeding fiscal year 15 for all supported entities, as defined in section 8B.1. The 16 report must include a five-year projection of technology cost 17 savings, an accounting of the level of technology cost savings 18 for the current fiscal year, and a comparison of the level of 19 technology cost savings for the current fiscal year with that 20 of the previous fiscal year. The department shall file the 21 report as soon as possible after the close of a fiscal year, 22 and by no later than the second Monday of January of each year. 23 NEW SUBSECTION . 22. Other powers and duties. Exercise and 24 perform such other powers and duties as may be prescribed by 25 law. 26 Sec. 6. Section 8.8, Code 2024, is amended to read as 27 follows: 28 8.8 Special olympics fund —— appropriation. 29 A special olympics fund is created in the office of the 30 treasurer of state under the control of the department of 31 management. There is appropriated annually from the general 32 fund of the state to the special olympics fund department of 33 management one hundred thousand dollars for distribution to 34 one or more organizations which administer special olympics 35 -9- LSB 5393HZ (3) 90 ns/jh 9/ 102
H.F. 2708 programs benefiting the citizens of Iowa with disabilities. 1 Sec. 7. Section 8.9, subsection 1, Code 2024, is amended to 2 read as follows: 3 1. The office of grants enterprise management is 4 established in the department of management. The function of 5 the office is to develop and administer a system process to 6 track , identify, advocate for, and coordinate nonstate block 7 grants as defined in section 8.2, subsections 1 and 3 8 and categorical grants . Staffing for the office of grants 9 enterprise management shall be provided by a facilitator 10 appointed by the director of the department of management. 11 Additional staff may be hired, subject to the availability of 12 funding. 13 Sec. 8. Section 8.10, Code 2024, is amended to read as 14 follows: 15 8.10 Facilitator’s duties. 16 The specific duties of the facilitator of the office of 17 grants enterprise management may include the following: 18 1. Establish Coordinate a grants network representing all 19 state agencies to assist the grants enterprise management 20 office in an advisory capacity. Each state agency shall 21 designate an employee on the management or senior staff 22 level to serve as the agency’s federal funds coordinator and 23 represent the agency on the grants network. An agency may not 24 create a staff position for a federal funds coordinator. The 25 coordinator’s duties shall be in addition to the duties of the 26 employee of the agency. 27 2. Develop a plan for increased state access to funding 28 sources other than the general fund of the state. 29 3. Develop procedures to formally notify appropriate state 30 and local agencies of the availability of discretionary federal 31 funds and, when necessary, coordinate the application process. 32 4. 2. Establish an automated information system process 33 database for grants applied for and received and to track 34 congressional activity . 35 -10- LSB 5393HZ (3) 90 ns/jh 10/ 102
H.F. 2708 5. Provide information and counseling to state agencies and 1 political subdivisions of the state concerning the availability 2 and means of obtaining state, federal, and private grants. 3 6. Provide grant application writing assistance and 4 training to state agencies and political subdivisions of the 5 state, directly or through interagency contracts, cooperative 6 agreements, or contracts with third-party providers. 7 7. 3. Monitor the federal register and other federal or 8 state publications to identify funding opportunities , with 9 special emphasis on discretionary grants or other funding 10 opportunities available to the state . 11 8. Periodically review the funding strategies and methods 12 of those states that rank significantly above the national 13 average in the per capita receipt of federal funds to determine 14 whether those strategies and methods could be successfully 15 employed by this state. 16 Sec. 9. Section 8.21, subsection 1, Code 2024, is amended 17 to read as follows: 18 1. Not later than February 1 of each legislative regular 19 session of the general assembly , the governor shall transmit 20 to the legislature general assembly a document to be known as 21 a budget, setting forth the governor’s financial program for 22 the ensuing fiscal year and having the character and scope set 23 forth in sections 8.22 through 8.29 this subchapter . 24 Sec. 10. Section 8.22, subsection 1, Code 2024, is amended 25 to read as follows: 26 1. Part I —— Governor’s budget message. Part I shall consist 27 of the governor’s budget message, in which the governor shall 28 set forth all of the following: 29 a. Part I shall consist of the governor’s budget message, in 30 which the governor shall set forth: 31 (1) (a) The governor’s program for meeting all the 32 expenditure needs of the government for the fiscal year, 33 indicating the classes of funds, general or special, from which 34 appropriations are to be made and the means through which 35 -11- LSB 5393HZ (3) 90 ns/jh 11/ 102
H.F. 2708 the expenditures shall be financed. The governor’s program 1 shall include a single budget request for all capital projects 2 proposed by the governor. The request shall include but is not 3 limited to all of the following: 4 (b) The governor’s program shall include a single budget 5 request for all capital projects proposed by the governor. The 6 request shall include but is not limited to the following: 7 (i) (1) The purpose and need for each capital project. 8 (ii) (2) A priority listing of capital projects. 9 (iii) (3) The costs of acquisition, lease, construction, 10 renovation, or demolition of each capital project. 11 (iv) (4) The identification of the means and source of 12 funding each capital project. 13 (v) (5) The estimated operating costs of each capital 14 project after completion. 15 (vi) (6) The estimated maintenance costs of each capital 16 project after completion. 17 (vii) (7) The consequences of delaying or abandoning each 18 capital project. 19 (viii) (8) Alternative approaches to meeting the purpose or 20 need for each capital project. 21 (ix) (9) Alternative financing mechanisms. 22 (x) (10) A cost-benefit analysis or economic impact of each 23 capital project. 24 b. (1) Financial statements giving in summary form: 25 (a) The condition of the treasury at the end of the last 26 completed fiscal year, the estimated condition of the treasury 27 at the end of the year in progress, and the estimated condition 28 of the treasury at the end of the following fiscal year if the 29 governor’s budget proposals are put into effect. 30 (b) Statements showing the bonded indebtedness of the 31 government, debt authorized and unissued, debt redemption and 32 interest requirements, and condition of the sinking funds, if 33 any. 34 (c) A summary of appropriations recommended for the 35 -12- LSB 5393HZ (3) 90 ns/jh 12/ 102
H.F. 2708 following fiscal year for each department and establishment 1 and for the government as a whole, in comparison with the 2 actual expenditures for the last completed fiscal year and the 3 estimated expenditures for the year in progress. 4 (d) A summary of the revenue, estimated to be received by 5 the government during the following fiscal year, classified 6 according to sources, in comparison with the actual revenue 7 received by the government during the last completed fiscal 8 year and estimated income during the year in progress. 9 (e) A statement of federal funds received in the form of 10 block or categorical grants which were not included in the 11 governor’s budget for the previous fiscal year and a statement 12 of anticipated block grants and categorical grants. The 13 budget shall indicate how the federal funds will be used and 14 the programs to which they will be allocated. The amount of 15 state government funds required to implement the programs to 16 which the federal funds will apply shall also be indicated. 17 The departments and establishments shall provide information 18 to the director on the anticipated federal block grants and 19 categorical grants to be received on or before November 1 of 20 each year. The director shall use this information to develop 21 an annual update of the statement of federal funds received 22 which shall be provided to the general assembly. 23 (f) Other financial statements, data, and comments as in the 24 governor’s opinion are necessary or desirable in order to make 25 known in all practicable detail the financial condition and 26 operation of the government and the effect that the budget as 27 proposed by the governor will have on the financial condition 28 and operation. 29 (g) A separate report containing a complete list of all 30 standing appropriations showing the amount or estimated 31 amount of each appropriation and the purpose for which the 32 appropriation is made. 33 (2) If the estimated revenues of the government for the 34 ensuing fiscal year as set forth in the budget on the basis of 35 -13- LSB 5393HZ (3) 90 ns/jh 13/ 102
H.F. 2708 existing laws, plus the estimated amounts in the treasury at 1 the close of the year in progress, available for expenditure in 2 the ensuing fiscal year are less than the aggregate recommended 3 for the ensuing fiscal year as contained in the budget, the 4 governor shall make recommendations to the legislature in 5 respect to the manner in which the deficit shall be met, 6 whether by an increase in the state tax or the imposition of 7 new taxes, increased rates on existing taxes, or otherwise, 8 and if the aggregate of the estimated revenues, plus estimated 9 balances in the treasury, is greater than the recommended 10 appropriations for the ensuing fiscal year, the governor shall 11 make recommendations in reference to the application of the 12 surplus to the reduction of debt or otherwise, to the reduction 13 in taxation, or to such other action as in the governor’s 14 opinion is in the interest of the public welfare. 15 c. Supplemental estimates for such appropriations as in 16 the governor’s judgment may be necessary on account of laws 17 enacted after transmission of the budget, or as the governor 18 deems otherwise in the public interest. The governor shall 19 accompany such estimates with a statement of the reasons 20 therefor, including the reasons for their omission from the 21 budget. Whenever such supplemental estimates amount to an 22 aggregate which, if they had been contained in the budget, 23 would have required the governor to make a recommendation for 24 the raising of additional revenue, the governor shall make such 25 recommendation. 26 Sec. 11. Section 8.22A, subsection 5, paragraph b, Code 27 2024, is amended to read as follows: 28 b. The amount of revenue for the following fiscal year from 29 gambling revenues and from interest earned on the cash reserve 30 fund and the economic emergency fund to be deposited in the 31 rebuild Iowa infrastructure fund under section 8.57, subsection 32 5 , paragraph “e” “f” . 33 Sec. 12. Section 8.23, subsection 1, unnumbered paragraph 34 1, Code 2024, is amended to read as follows: 35 -14- LSB 5393HZ (3) 90 ns/jh 14/ 102
H.F. 2708 On or before October 1, prior to each legislative regular 1 session of the general assembly , all departments and 2 establishments of the government shall transmit to the director 3 of the department of management , on blanks to be furnished 4 in a format designated by the director, estimates of their 5 expenditure requirements , including every proposed expenditure, 6 for the ensuing fiscal year, together with supporting data and 7 explanations as called for by the director after consultation 8 with the legislative services agency. 9 Sec. 13. Section 8.23, subsection 1, paragraphs a and d, 10 Code 2024, are amended to read as follows: 11 a. The estimates of expenditure requirements shall be 12 in a form specified by the director, and the expenditure 13 requirements shall include all proposed expenditures and shall 14 be prioritized by program or the results to be achieved. The 15 estimates shall be accompanied by performance measures for 16 evaluating the effectiveness of the programs or results. 17 d. The director shall furnish designate standard 18 budget request forms formats to each department or agency 19 establishment of state government. 20 Sec. 14. Section 8.26, Code 2024, is amended to read as 21 follows: 22 8.26 Hearings. 23 Immediately upon the receipt of the tentative budget 24 provided for by section 8.25 the The governor shall make 25 provision for public hearings thereon on the estimates of 26 expenditure requirements required by section 8.23 , at which 27 the governor may require the attendance of the heads and other 28 officers of all departments, establishments , and other persons 29 receiving or requesting the grant of state government funds 30 and the giving by them of such explanations and suggestions as 31 they may be called upon to give or as they may desire to offer 32 in respect to items of requested appropriations in which they 33 are interested. The governor shall also extend invitations 34 to the governor-elect and the director of the department of 35 -15- LSB 5393HZ (3) 90 ns/jh 15/ 102
H.F. 2708 management to be present at such hearings and to participate in 1 the hearings through the asking of questions or the expression 2 of opinion in regard to the items of the tentative budget 3 estimates . 4 Sec. 15. Section 8.29, Code 2024, is amended to read as 5 follows: 6 8.29 Regents universities —— uniform accounting system. 7 The state board of regents, with the approval of the director 8 of the department of management, shall establish a uniform 9 budgeting and accounting system for the institutions of higher 10 education under its control, and shall require each of the 11 institutions of higher education to begin operating operate 12 under the uniform system not later than June 30, 1994 . 13 Sec. 16. Section 8.31, subsections 3 and 5, Code 2024, are 14 amended to read as follows: 15 3. The allotment requests of all departments and 16 establishments collecting governmental fees and other 17 revenue which supplement a state appropriation shall attach 18 to the summary of requests a statement showing how much 19 of the proposed allotments are to be financed from state 20 appropriations, stores, and repayment appropriated receipts. 21 5. If the governor determines that the estimated budget 22 resources during the fiscal year are insufficient to pay all 23 appropriations in full, the reductions shall be uniform and 24 prorated between all departments , agencies, and establishments 25 upon the basis of their respective appropriations. 26 Sec. 17. Section 8.32, Code 2024, is amended to read as 27 follows: 28 8.32 Conditional availability of appropriations —— 29 applicability of chapter . 30 1. All appropriations made to any department or 31 establishment of the government as receive receivable or 32 collect collectable moneys available for expenditure by them 33 under present laws law , are declared to be in addition to such 34 repayment appropriated receipts, and such appropriations are 35 -16- LSB 5393HZ (3) 90 ns/jh 16/ 102
H.F. 2708 to be available as and to the extent that such receipts are 1 insufficient to meet the costs of administration, operation, 2 and maintenance, or and public improvements of such departments 3 or establishments, provided all of the following conditions are 4 met : 5 a. Provided, that such Such receipts or collections shall be 6 are deposited in the state treasury as part of the general fund 7 or special revenue funds in all cases, except those collections 8 made by the state fair board, the institutions under the state 9 board of regents, and the natural resource commission. 10 b. Provided further, that no repayment Appropriated receipts 11 shall be are not available for expenditures until allotted as 12 provided in section 8.31 ; and . 13 c. Provided further, that the The collection of repayment 14 appropriated receipts by the state fair board and the 15 institutions under the state board of regents shall be are 16 deposited in a bank or banks duly designated and qualified as 17 state depositories, in the name of the state of Iowa, for the 18 use of such boards and institutions, and such funds shall be 19 are available only on the check of such boards or institutions 20 depositing them, which are hereby authorized to withdraw such 21 funds, but only after allotment by the governor as provided in 22 section 8.31 ; and . 23 d. 2. a. Provided further, that this This chapter shall 24 does not apply to endowment or private purpose trust funds or 25 to gifts to institutions owned or controlled by the state or to 26 the income from such endowment or private purpose trust funds, 27 or to private custodial funds belonging to students or inmates 28 of state institutions. 29 2. b. The provisions of this This chapter shall not be 30 construed to prohibit the state fair board from creating an 31 emergency or sinking fund out of the receipts of the state fair 32 and state appropriation for the purpose of taking care of any 33 emergency that might arise beyond the control of the board of 34 not to exceed three hundred thousand dollars. Neither shall 35 -17- LSB 5393HZ (3) 90 ns/jh 17/ 102
H.F. 2708 this 1 c. This chapter shall not be construed to prohibit the state 2 fair board from retaining an additional sum of not to exceed 3 three hundred fifty thousand dollars to be used in carrying out 4 the provisions of chapter 173 . 5 Sec. 18. Section 8.35, Code 2024, is amended to read as 6 follows: 7 8.35 General supervisory control. 8 The governor and the director of the department of 9 management and any officer of the department of management, 10 when authorized by the governor, are hereby authorized to make 11 such inquiries regarding the receipts, custody, and application 12 of state government funds, existing organization, activities, 13 and methods of business of the departments and establishments, 14 assignments of particular activities to particular services 15 and regrouping of such services, as in the opinion of the 16 governor, will enable the governor to make recommendations to 17 the legislature general assembly , and, within the scope of the 18 powers possessed by the governor, to order action to be taken, 19 having for their purpose to bring about increased economy and 20 efficiency in the conduct of the affairs of government. 21 Sec. 19. Section 8.35A, subsection 4, Code 2024, is amended 22 to read as follows: 23 4. A government agency which receives state government 24 funds directly from the state or indirectly through a political 25 subdivision as directed by statute and which is not a city, 26 county, or school district is subject to this subsection . A 27 government agency which is subject to this subsection shall 28 submit a copy of its budget to the legislative services agency, 29 identifying it as being submitted under this subsection , when 30 the budget of that government agency has received approval 31 from the governing head or body of that agency. The copy of 32 the budget submitted to the legislative services agency shall 33 be on the budget forms provided in the format designated by 34 the department of management to state agencies under this 35 -18- LSB 5393HZ (3) 90 ns/jh 18/ 102
H.F. 2708 chapter section 8.23 . The government agency shall also submit 1 a statement identifying any funds available to the agency which 2 are not included in the budget. 3 Sec. 20. NEW SECTION . 8.48 Local budgets —— forms and 4 procedures. 5 1. The director of the department of management shall 6 consult with all state officers and agencies which receive 7 reports and forms from county officers, in order to devise 8 standardized reports and forms which will permit computer 9 processing of the information submitted by county officers, 10 and prescribe forms on which each municipality, at the time 11 of preparing estimates required under section 24.3, shall be 12 required to compile in parallel columns all of the following 13 data and estimates for immediate availability to any taxpayer 14 upon request: 15 a. For the immediate prior fiscal year, revenue from all 16 sources, other than revenue received from property taxation, 17 allocated to each of the several funds and separately stated 18 as to each such source, and for each fund the unencumbered 19 cash balance thereof at the beginning and end of the year, the 20 amount received by property taxation allocated to each fund, 21 and the amount of actual expenditure for each fund. 22 b. For the current fiscal year, actual and estimated 23 revenue, from all sources, other than revenue received from 24 property taxation, and separately stated as to each such 25 source, allocated to each of the several funds, and for each 26 fund the actual unencumbered cash balance available at the 27 beginning of the year, the amount to be received from property 28 taxation allocated to each fund, and the amount of actual and 29 estimated expenditures, whichever is applicable. 30 c. For the proposed budget year, an estimate of revenue from 31 all sources, other than revenue to be received from property 32 taxation, separately stated as to each such source, to be 33 allocated to each of the several funds, and for each fund the 34 actual or estimated unencumbered cash balance, whichever is 35 -19- LSB 5393HZ (3) 90 ns/jh 19/ 102
H.F. 2708 applicable, to be available at the beginning of the year, the 1 amount proposed to be received from property taxation allocated 2 to each fund, and the amount proposed to be expended during 3 the year plus the amount of cash reserve, based on actual 4 experience of prior years, which shall be the necessary cash 5 reserve of the budget adopted exclusive of capital outlay 6 items. The estimated expenditures plus the required cash 7 reserve for the ensuing fiscal year less all estimated or 8 actual unencumbered balances at the beginning of the year and 9 less the estimated income from all sources other than property 10 taxation shall equal the amount to be received from property 11 taxes, and such amount shall be shown on the proposed budget 12 estimate. 13 2. To ensure uniformity, accuracy, and efficiency in the 14 preparation of budget estimates by municipalities subject to 15 chapter 24, the director shall prescribe the procedures to be 16 used and instruct the appropriate officials of the various 17 municipalities on implementation of the procedures. 18 Sec. 21. Section 8.55, subsection 3, paragraph f, Code 2024, 19 is amended by striking the paragraph. 20 Sec. 22. Section 8.56, subsections 1 and 3, Code 2024, are 21 amended to read as follows: 22 1. A cash reserve fund is created in the state treasury. 23 The cash reserve fund shall be separate from the general fund 24 of the state and shall not be considered part of the general 25 fund of the state except in determining the cash position of 26 the state as provided in subsection 3 . The moneys in the cash 27 reserve fund are not subject to section 8.33 and shall not 28 be transferred, used, obligated, appropriated, or otherwise 29 encumbered except as provided in this section . Notwithstanding 30 section 12C.7, subsection 2 , interest or earnings on moneys 31 deposited in the cash reserve fund shall be credited to the 32 rebuild Iowa infrastructure fund created in section 8.57 . 33 Moneys in the cash reserve fund may be used for cash flow 34 purposes during a fiscal year provided that any moneys so 35 -20- LSB 5393HZ (3) 90 ns/jh 20/ 102
H.F. 2708 allocated are returned to the cash reserve fund by the end of 1 that fiscal year. 2 3. The moneys in the cash reserve fund shall only be used 3 pursuant to an appropriation made by the general assembly. An 4 appropriation shall be made in accordance with subsection 4 5 only for the fiscal year in which the appropriation is made. 6 The moneys shall only be appropriated by the general assembly 7 for nonrecurring emergency expenditures and shall not be 8 appropriated for payment of any collective bargaining agreement 9 or arbitrator’s decision negotiated or awarded under chapter 10 20 . Except as provided in section 8.58 , the cash reserve fund 11 shall be considered a special account for the purposes of 12 section 8.53 in determining the cash position of the general 13 fund of the state for the payment of state obligations. 14 Sec. 23. Section 8.57, subsections 1 and 3, Code 2024, are 15 amended to read as follows: 16 1. a. The “cash reserve goal percentage” for fiscal years 17 beginning on or after July 1, 2004, is seven and one-half 18 percent of the adjusted revenue estimate. For each fiscal year 19 in which the appropriation transfer of the surplus existing in 20 the general fund of the state at the conclusion of the prior 21 fiscal year pursuant to paragraph “b” was not sufficient for 22 the cash reserve fund to reach the cash reserve goal percentage 23 for the current fiscal year, there is appropriated transferred 24 from the general fund of the state an amount to be determined 25 as follows: 26 (1) If the balance of the cash reserve fund in the current 27 fiscal year is not more than six and one-half percent of 28 the adjusted revenue estimate for the current fiscal year, 29 the amount of the appropriation transfer under this lettered 30 paragraph is one percent of the adjusted revenue estimate for 31 the current fiscal year. 32 (2) If the balance of the cash reserve fund in the current 33 fiscal year is more than six and one-half percent but less than 34 seven and one-half percent of the adjusted revenue estimate 35 -21- LSB 5393HZ (3) 90 ns/jh 21/ 102
H.F. 2708 for that fiscal year, the amount of the appropriation transfer 1 under this lettered paragraph is the amount necessary for the 2 cash reserve fund to reach seven and one-half percent of the 3 adjusted revenue estimate for the current fiscal year. 4 (3) The moneys appropriated transferred under this lettered 5 paragraph shall be credited in equal and proportionate amounts 6 in each quarter of the current fiscal year. 7 b. The surplus existing in the general fund of the state 8 at the conclusion of the fiscal year is appropriated for 9 distribution in the succeeding fiscal year as provided in 10 subsections 2 and 3 . Moneys credited to the cash reserve fund 11 from the appropriation made in this paragraph shall transferred 12 to the cash reserve fund, not to exceed the amount necessary 13 for the cash reserve fund to reach the cash reserve goal 14 percentage for the succeeding fiscal year. As used in this 15 paragraph, “surplus” means the excess of revenues and other 16 financing sources over expenditures and other financing uses 17 for the general fund of the state in a fiscal year. 18 c. The amount appropriated in this section is not subject 19 to the provisions of section 8.31 , relating to requisitions 20 and allotment, or to section 8.32 , relating to conditional 21 availability of appropriations. 22 3. To the extent that moneys appropriated transferred under 23 subsection 1 exceed the amounts necessary for the cash reserve 24 fund to reach its maximum balance and the amounts necessary to 25 eliminate Iowa’s GAAP deficit, including elimination of the 26 making of any appropriation in an incorrect fiscal year , the 27 moneys shall be appropriated transferred to the Iowa economic 28 emergency fund. 29 Sec. 24. Section 8.57, subsections 2, 4, and 6, Code 2024, 30 are amended by striking the subsections. 31 Sec. 25. Section 8.57, subsection 5, paragraph a, 32 unnumbered paragraph 1, Code 2024, is amended to read as 33 follows: 34 A rebuild Iowa infrastructure fund is created under the 35 -22- LSB 5393HZ (3) 90 ns/jh 22/ 102
H.F. 2708 authority of the department of management. The fund shall 1 consist of appropriations made to the fund and transfers of 2 interest, earnings, and moneys from other funds as provided by 3 law. The rebuild Iowa infrastructure fund shall be separate 4 from the general fund of the state and the balance in the 5 rebuild Iowa infrastructure fund shall not be considered part 6 of the balance of the general fund of the state. However, the 7 rebuild Iowa infrastructure fund shall be considered a special 8 account for the purposes of section 8.53 , relating to generally 9 accepted accounting principles. 10 Sec. 26. Section 8.57, subsection 5, paragraphs d and e, 11 Code 2024, are amended by striking the paragraphs. 12 Sec. 27. Section 8.57, subsection 5, paragraph f, 13 subparagraph (1), subparagraph division (b), Code 2024, is 14 amended by striking the subparagraph division. 15 Sec. 28. Section 8.57, subsection 5, paragraph f, 16 subparagraph (1), subparagraph division (d), subparagraph 17 subdivision (i), Code 2024, is amended by striking the 18 subparagraph subdivision. 19 Sec. 29. Section 8.57, subsection 5, paragraph f, 20 subparagraph (1), subparagraph division (g), Code 2024, is 21 amended to read as follows: 22 (g) For the fiscal year beginning July 1, 2018, and for 23 each fiscal year thereafter, the total moneys in excess of the 24 moneys deposited under this paragraph “f” in the revenue bonds 25 debt service fund, the revenue bonds federal subsidy holdback 26 fund, the vision Iowa fund, the water quality infrastructure 27 fund, the Iowa skilled worker and job creation fund, and the 28 general fund of the state shall be deposited in the rebuild 29 Iowa infrastructure fund and shall be used as provided in this 30 section , notwithstanding section 8.60 . 31 Sec. 30. Section 8.57, subsection 5, paragraph g, Code 2024, 32 is amended by striking the paragraph. 33 Sec. 31. Section 8.57A, subsection 1, Code 2024, is amended 34 to read as follows: 35 -23- LSB 5393HZ (3) 90 ns/jh 23/ 102
H.F. 2708 1. An environment first fund is created under the authority 1 of the department of management. The fund shall consist of 2 appropriations made to the fund and transfers of interest, 3 earnings, and moneys from other funds as provided by law. The 4 fund shall be separate from the general fund of the state 5 and the balance in the fund shall not be considered part of 6 the balance of the general fund of the state. However, the 7 fund shall be considered a special account for the purposes 8 of section 8.53 , relating to generally accepted accounting 9 principles. 10 Sec. 32. Section 8.57B, subsection 2, Code 2024, is amended 11 to read as follows: 12 2. The fund shall be separate from the general fund of the 13 state and the balance in the fund shall not be considered part 14 of the balance of the general fund of the state. However, the 15 fund shall be considered a special account for the purposes 16 of section 8.53 , relating to generally accepted accounting 17 principles. 18 Sec. 33. Section 8.57C, subsection 1, Code 2024, is amended 19 to read as follows: 20 1. A technology reinvestment fund is created under the 21 authority of the department of management. The fund shall 22 consist of appropriations made to the fund and transfers of 23 interest, earnings, and moneys from other funds as provided by 24 law. The fund shall be separate from the general fund of the 25 state and the balance in the fund shall not be considered part 26 of the balance of the general fund of the state. However, the 27 fund shall be considered a special account for the purposes 28 of section 8.53 , relating to generally accepted accounting 29 principles. 30 Sec. 34. Section 8.57C, subsection 3, paragraph a, Code 31 2024, is amended by striking the paragraph and inserting in 32 lieu thereof the following: 33 a. There is appropriated from the general fund of the 34 state to the technology reinvestment fund for the fiscal year 35 -24- LSB 5393HZ (3) 90 ns/jh 24/ 102
H.F. 2708 beginning July 1, 2025, and for each subsequent fiscal year 1 thereafter, the sum of seventeen million five hundred thousand 2 dollars. 3 Sec. 35. Section 8.57C, subsection 3, paragraphs b, c, d, 4 e, f, g, h, i, and j, Code 2024, are amended by striking the 5 paragraphs. 6 Sec. 36. Section 8.57D, subsection 3, Code 2024, is amended 7 to read as follows: 8 3. The levee improvement fund shall be separate from the 9 general fund of the state and the balance in the fund shall 10 not be considered part of the balance of the general fund of 11 the state. However, the fund shall be considered a special 12 account for the purposes of section 8.53 , relating to generally 13 accepted accounting principles. 14 Sec. 37. Section 8.57E, subsection 3, Code 2024, is amended 15 to read as follows: 16 3. a. Moneys in the taxpayer relief fund may be used for 17 cash flow purposes during a fiscal year provided that any 18 moneys so allocated are returned to the fund by the end of that 19 fiscal year. 20 b. Except as provided in section 8.58 , the taxpayer relief 21 fund shall be considered a special account for the purposes of 22 section 8.53 in determining the cash position of the general 23 fund of the state for the payment of state obligations. 24 Sec. 38. Section 8.57F, subsection 1, paragraph d, Code 25 2024, is amended by striking the paragraph. 26 Sec. 39. Section 8.57G, subsections 3 and 4, Code 2024, are 27 amended to read as follows: 28 3. Except as provided in section 8.58 , the fund shall be 29 considered a special account for the purposes of section 8.53 30 in determining the cash position of the general fund of the 31 state for the payment of state obligations. Notwithstanding 32 section 8.33 , moneys in the fund that remain unencumbered or 33 unobligated at the close of a fiscal year shall not revert 34 but shall remain available for expenditure for the purposes 35 -25- LSB 5393HZ (3) 90 ns/jh 25/ 102
H.F. 2708 designated. Notwithstanding section 12C.7, subsection 2 , 1 interest or earnings on moneys in the fund shall be credited 2 to the fund. 3 4. This section is repealed July 1, 2025 2027 . 4 Sec. 40. Section 8.57H, subsections 3 and 4, Code 2024, are 5 amended to read as follows: 6 3. Except as provided in section 8.58 , the fund shall be 7 considered a special account for the purposes of section 8.53 8 in determining the cash position of the general fund of the 9 state for the payment of state obligations. Notwithstanding 10 section 8.33 , moneys in the fund that remain unencumbered or 11 unobligated at the close of a fiscal year shall not revert 12 but shall remain available for expenditure for the purposes 13 designated. Notwithstanding section 12C.7, subsection 2 , 14 interest or earnings on moneys in the fund shall be credited 15 to the fund. 16 4. This section is repealed July 1, 2025 2027 . 17 Sec. 41. NEW SECTION . 8.57I Sports wagering receipts fund. 18 1. A sports wagering receipts fund is created in the state 19 treasury under the authority of the department of management. 20 The fund shall consist of appropriations made to the fund and 21 transfers of interest, earnings, and moneys from other funds 22 or sources as provided by law. The sports wagering receipts 23 fund shall be separate from the general fund of the state and 24 the balance in the sports wagering receipts fund shall not 25 be considered part of the balance of the general fund of the 26 state. 27 2. Moneys in the sports wagering receipts fund are not 28 subject to section 8.33. Notwithstanding section 12C.7, 29 subsection 2, interest or earnings on moneys in the sports 30 wagering receipts fund shall be credited to the fund. Moneys 31 in the sports wagering receipts fund may be used for cash flow 32 purposes during a fiscal year provided that any moneys so 33 allocated are returned to the fund by the end of that fiscal 34 year. 35 -26- LSB 5393HZ (3) 90 ns/jh 26/ 102
H.F. 2708 3. Moneys in the sports wagering receipts fund in a fiscal 1 year shall be used as directed by the general assembly. 2 4. Annually, on or before January 15 of each year, a 3 state agency that received an appropriation from the sports 4 wagering receipts fund shall report to the legislative services 5 agency and the department of management the status of all 6 projects completed or in progress. The report shall include 7 a description of the project, the progress of work completed, 8 the total estimated cost of the project, a list of all revenue 9 sources being used to fund the project, the amount of funds 10 expended, the amount of funds obligated, and the date the 11 project was completed or an estimated completion date of the 12 project, where applicable. 13 5. Annually, on or before December 31 of each year, a 14 recipient of moneys from the sports wagering receipts fund 15 for any purpose shall report to the state agency to which the 16 moneys are appropriated the status of all projects completed 17 or in progress. The report shall include a description of the 18 project, the progress of work completed, the total estimated 19 cost of the project, a list of all revenue sources being used 20 to fund the project, the amount of funds expended, the amount 21 of funds obligated, and the date the project was completed or 22 an estimated completion date of the project, where applicable. 23 Sec. 42. Section 8.58, Code 2024, is amended to read as 24 follows: 25 8.58 Exemption from automatic application. 26 1. To the extent that moneys appropriated transferred under 27 section 8.57 do not result in moneys being credited to the 28 general fund of the state under section 8.55, subsection 2 , 29 moneys appropriated transferred under section 8.57 and moneys 30 contained in the cash reserve fund, rebuild Iowa infrastructure 31 fund, environment first fund, Iowa economic emergency 32 fund, taxpayer relief fund, state bond repayment fund, Iowa 33 coronavirus fiscal recovery fund, and Iowa coronavirus capital 34 projects fund , sports wagering receipts fund, and Iowa skilled 35 -27- LSB 5393HZ (3) 90 ns/jh 27/ 102
H.F. 2708 worker and job creation fund shall not be considered in 1 the application of any formula, index, or other statutory 2 triggering mechanism which would affect appropriations, 3 payments, or taxation rates, contrary provisions of the Code 4 law notwithstanding. 5 2. To the extent that moneys appropriated transferred under 6 section 8.57 do not result in moneys being credited to the 7 general fund of the state under section 8.55, subsection 2 , 8 moneys appropriated transferred under section 8.57 and moneys 9 contained in the cash reserve fund, rebuild Iowa infrastructure 10 fund, environment first fund, Iowa economic emergency 11 fund, taxpayer relief fund, state bond repayment fund, Iowa 12 coronavirus fiscal recovery fund, and Iowa coronavirus capital 13 projects fund , sports wagering receipts fund, and Iowa skilled 14 worker and job creation fund shall not be considered by an 15 arbitrator or in negotiations under chapter 20 . 16 Sec. 43. Section 8.70, Code 2024, is amended to read as 17 follows: 18 8.70 Lean enterprise and change management office. 19 1. For purposes of this section , “lean” : 20 a. “Change management” means the application of a structured 21 approach to the transition of an organization and its workforce 22 from a current state to a future state to achieve expected 23 benefits. “Change management” includes preparing and supporting 24 employees, establishing the necessary steps for change, and 25 monitoring activities to ensure successful implementation. 26 b. “Lean” means a business-oriented system for organizing 27 and managing product development, operations, suppliers, and 28 customer relations to create precise customer value, expressed 29 as providing goods and services with higher quality and fewer 30 defects and errors, with less human effort, less space, less 31 capital, and less time than more traditional systems. 32 2. The office of lean enterprise and change management is 33 established in the department of management. The function 34 of the office is to ensure implementation of lean tools and 35 -28- LSB 5393HZ (3) 90 ns/jh 28/ 102
H.F. 2708 enterprises change management as a component components of 1 a performance management system for all executive branch 2 agencies. Staffing for the office of lean enterprise shall be 3 provided by an administrator appointed by the director of the 4 department of management. 5 3. The duties of the office of lean enterprise may include 6 the following: 7 a. Create a standardized approach to change that achieves 8 expected benefits and organizational goals. 9 a. b. Create strategic and tactical approaches for lean 10 implementation, including integration into state governance and 11 operational systems. 12 b. c. Lead and develop state government’s capacity to 13 implement lean and change management tools and enterprises 14 structures , including design and development of instructional 15 materials as needed with the goal of integrating continuous 16 improvement and change management into the organizational 17 culture. 18 c. d. (1) Create demand for lean and change management 19 tools and enterprises initiatives in departments and 20 establishments . 21 (2) Communicate with agency directors, boards, commissions, 22 and senior management to create interest and organizational 23 will to implement lean and change management tools and 24 enterprises to improve agency results. 25 (3) Provide direction and advice to department heads and 26 senior management to plan and implement departmental lean and 27 change management programs. 28 (4) Direct and review plans for leadership and assist with 29 the selection of identifying and selecting process improvement 30 projects of key importance to agency goals, programs, and 31 missions. 32 d. (1) Identify and assist departments in identifying 33 potential lean projects. 34 (2) e. Continuously evaluate organizational performance 35 -29- LSB 5393HZ (3) 90 ns/jh 29/ 102
H.F. 2708 in meeting objectives, identify and structure the direction 1 the that change management and lean implementation should take 2 to provide greatest effectiveness, and justify critical and 3 far-reaching changes. 4 e. f. (1) Lead the collection and reporting of data and 5 learning related to lean and change management accomplishments. 6 (2) Widely disseminate lean and change management results 7 and learning with Iowans, stakeholders, and other members 8 of the public to demonstrate the benefits and return on 9 investment. 10 f. g. (1) Evaluate the effect of unforeseen developments 11 on plans and programs and present to agency directors, boards, 12 commissions, and senior management suggested changes in overall 13 direction. 14 (2) Provide input related to proposals regarding new or 15 revised legislation, regulations, and related changes which 16 have a direct impact over the implementation. 17 g. h. Lead the development of alliances and partnerships 18 with the business community, associations, consultants, and 19 other stakeholders to enhance external support and advance 20 the implementation of lean and change management tools and 21 enterprises in state government. 22 h. i. Lead relations with the general assembly and staff 23 to build support for and understanding of lean and change 24 management work in state government. 25 Sec. 44. Section 8.75, subsection 2, Code 2024, is amended 26 to read as follows: 27 2. The Iowa skilled worker and job creation fund shall be 28 separate from the general fund of the state and the balance 29 in the Iowa skilled worker and job creation fund shall not 30 be considered part of the balance of the general fund of the 31 state. However, the Iowa skilled worker and job creation 32 fund shall be considered a special account for the purposes 33 of section 8.53 , relating to generally accepted accounting 34 principles. Moneys in the fund may be used for cash flow 35 -30- LSB 5393HZ (3) 90 ns/jh 30/ 102
H.F. 2708 purposes during a fiscal year provided that any moneys so 1 allocated are returned to the fund by the end of that fiscal 2 year. Notwithstanding section 8.33 , moneys in the fund at the 3 end of each fiscal year shall not revert to any other fund but 4 shall remain in the fund for expenditure in subsequent fiscal 5 years. 6 Sec. 45. NEW SECTION . 8.92 Cybersecurity. 7 1. It is the intent of the general assembly that state 8 and local governmental entities work collaboratively in a 9 whole-of-state approach to protect against cybersecurity risks 10 and threats to information systems owned or operated by, or on 11 behalf of, state and local governmental entities. State and 12 local governmental entities shall take steps to modernize their 13 approach to cybersecurity, including by adopting cybersecurity 14 best practices wherever possible. 15 2. A state or local governmental entity that complies 16 with chapter 554G by implementing a cybersecurity program, as 17 described in chapter 554G, shall be deemed a covered entity, 18 as defined in section 554G.1. 19 3. The department shall establish a cybersecurity reporting 20 function for local governments. The cybersecurity reporting 21 function must include but is not limited to all of the 22 following capabilities: 23 a. A hotline available continuously for local government 24 reporting of cybersecurity incidents resulting in system 25 outages or data breaches. 26 b. A method for the reporting of local government 27 cybersecurity protections including the presence of multifactor 28 authentication, event logging, use of data encryption at rest 29 and in transit, the ability to reconstitute systems in the 30 event of data loss, use of the “.gov” internet domain, and 31 related cybersecurity practices. 32 4. The department is authorized to provide support to all 33 state and local governmental entities in furtherance of this 34 section, in accordance with fee schedules established by the 35 -31- LSB 5393HZ (3) 90 ns/jh 31/ 102
H.F. 2708 department. The department may retain fees collected under 1 this subsection in a fund created under section 8B.13. 2 5. The department is authorized to establish a grant program 3 to support local governments and political subdivisions of 4 the state in addressing cybersecurity for information systems 5 owned or operated by, or on behalf of, state, local, or tribal 6 governments. Contingent on a specific appropriation by the 7 general assembly, the department may award grants to local 8 governments and political subdivisions of the state under 9 the program for such purposes. The department may establish 10 criteria for grant program priorities, as well as policies and 11 procedures relating to the program. 12 Sec. 46. Section 8B.1, Code 2024, is amended by adding the 13 following new subsections: 14 NEW SUBSECTION . 4A. “Department” means the department of 15 management. 16 NEW SUBSECTION . 4B. “Director” means the director of the 17 department of management. 18 Sec. 47. Section 8B.1, subsection 8, paragraph b, 19 subparagraphs (9) and (10), Code 2024, are amended to read as 20 follows: 21 (9) Information technology planning and standards policies . 22 (10) Establishment of local area network and workstation 23 management standards policies . 24 Sec. 48. Section 8B.1, subsection 9, Code 2024, is amended 25 to read as follows: 26 9. “Information technology staff” includes any employees 27 performing information technology services, including but not 28 limited to agency department or establishment employees in 29 information technology classifications, contractors, temporary 30 workers, and any other employees providing information 31 technology services. 32 Sec. 49. Section 8B.1, subsection 10, paragraph e, Code 33 2024, is amended to read as follows: 34 e. Network services, including equipment and software 35 -32- LSB 5393HZ (3) 90 ns/jh 32/ 102
H.F. 2708 which support local area networks, campus area networks, wide 1 area networks, and metro area networks. Network services 2 also include data network services such as routers, switches, 3 firewalls, virtual private networks, intrusion detection 4 systems, access control, internet protocol load balancers, 5 event logging and correlation, and content caching. Network 6 services do not also include services provided by cybersecurity 7 support and information technology support for the public 8 broadcasting division of the department of education. “Network 9 services” does not extend to control of the federally licensed 10 television airwaves. 11 Sec. 50. Section 8B.1, subsection 10, paragraph l, Code 12 2024, is amended by striking the paragraph and inserting in 13 lieu thereof the following: 14 l. Cloud computing solutions including but not limited 15 to solutions based on software as a service, platform as a 16 service, and infrastructure as a service. 17 Sec. 51. Section 8B.1, subsection 10, Code 2024, is amended 18 by adding the following new paragraph: 19 NEW PARAGRAPH . m. Other similar or related services as 20 determined by the director. 21 Sec. 52. Section 8B.1, subsection 11, Code 2024, is amended 22 by striking the subsection. 23 Sec. 53. Section 8B.1, subsection 12, Code 2024, is amended 24 by striking the subsection and inserting in lieu thereof the 25 following: 26 12. “Supported entity” means a unit of state government, 27 which is an authority, board, commission, committee, council, 28 department, or independent agency as defined in section 7E.4, 29 including but not limited to each principal central department 30 enumerated in section 7E.5. However, “supported entity” does 31 not mean any of the following: 32 a. The office of the governor or the office of an elective 33 constitutional or statutory officer. 34 b. The general assembly, or any office or unit under its 35 -33- LSB 5393HZ (3) 90 ns/jh 33/ 102
H.F. 2708 administrative authority. 1 c. The judicial branch, as provided in section 602.1102. 2 d. A political subdivision of the state or its offices 3 or units, including but not limited to a county, city, or 4 community college. 5 e. The state board of regents and institutions operated 6 under its authority. 7 Sec. 54. Section 8B.1, subsection 13, paragraph a, 8 unnumbered paragraph 1, Code 2024, is amended to read as 9 follows: 10 A United States census bureau census block located in this 11 state, including any crop operation located within the census 12 block, or other geographic unit the office department sets by 13 rule, within which no communications service provider offers 14 or facilitates broadband service at or above the tier 1, tier 15 2, or tier 3 download and upload speeds. As used in this 16 subsection : 17 Sec. 55. Section 8B.1, subsection 13, paragraph b, Code 18 2024, is amended to read as follows: 19 b. Any geographic area, as the office department sets by 20 rule, that is materially underserved by broadband service such 21 that tier 1, tier 2, and tier 3 download and upload speeds are 22 not meaningfully available. The office’s department’s power 23 to determine the geographic area by rule under this paragraph 24 includes the power to define and interpret standards policies 25 as to whether a geographic area is materially underserved and 26 broadband service is meaningfully available. 27 Sec. 56. Section 8B.1, subsection 15, Code 2024, is amended 28 to read as follows: 29 15. “Value-added services” means services that offer or 30 provide unique, special, or enhanced value, benefits, or 31 features to the customer or user including but not limited to 32 services in which information technology is specially designed, 33 modified, or adapted to meet the special or requested needs 34 of the user or customer; services involving the delivery, 35 -34- LSB 5393HZ (3) 90 ns/jh 34/ 102
H.F. 2708 provision, or transmission of information or data that require 1 or involve additional processing, formatting, enhancement, 2 compilation, or security; services that provide the customer 3 or user with enhanced accessibility, security, or convenience; 4 research and development services; and services that are 5 provided to support technological or statutory requirements 6 imposed on participating agencies supported entities and other 7 governmental entities, businesses, and the public. 8 Sec. 57. Section 8B.4A, Code 2024, is amended to read as 9 follows: 10 8B.4A Background checks. 11 An applicant for employment with the office department , 12 or an applicant for employment with a participating agency 13 supported entity for a position as information technology 14 staff, may be subject to a background investigation by the 15 office department . The background investigation may include, 16 without limitation, a work history, financial review, request 17 for criminal history data, and national criminal history check 18 through the federal bureau of investigation. In addition, 19 a contractor, vendor, employee, or any other individual 20 performing work for the office department , or an individual 21 on the information technology staff of a participating agency 22 supported entity , may be subject to a national criminal history 23 check through the federal bureau of investigation at least once 24 every ten years, including, without limitation, any time the 25 office department or participating agency supported entity 26 has reason to believe an individual has been convicted of a 27 crime. The office department may request the national criminal 28 history check and, if requested, shall provide the individual’s 29 fingerprints to the department of public safety for submission 30 through the state criminal history repository to the federal 31 bureau of investigation. The individual shall authorize 32 release of the results of the national criminal history check 33 to the office department and the applicable participating 34 agency supported entity . The office department shall pay the 35 -35- LSB 5393HZ (3) 90 ns/jh 35/ 102
H.F. 2708 actual cost of the fingerprinting and national criminal history 1 check, if any, unless otherwise agreed as part of a contract 2 between the office department or participating agency supported 3 entity and a vendor or contractor performing work for the 4 office department or participating agency supported entity . 5 The results of a criminal history check conducted pursuant to 6 this section shall not be considered a public record under 7 chapter 22 . 8 Sec. 58. Section 8B.6, Code 2024, is amended to read as 9 follows: 10 8B.6 Acceptance of funds. 11 The office department of management may receive and accept 12 donations, grants, gifts, and contributions in the form of 13 moneys, services, materials, or otherwise, from the United 14 States or any of its agencies, from this state or any of its 15 agencies, or from any other person, and expend such moneys, 16 services, materials, or other contributions, or issue grants, 17 in carrying out the operations of the office department . All 18 federal grants to and the federal receipts of the office 19 department are appropriated for the purpose set forth in such 20 federal grants or receipts. The office department shall report 21 annually to the general assembly on or before September 1 the 22 donations, grants, gifts, and contributions with a monetary 23 value of one thousand dollars or more that were received during 24 the most recently concluded fiscal year. 25 Sec. 59. Section 8B.10, subsections 1 and 2, Code 2024, are 26 amended to read as follows: 27 1. The determination of whether a communications service 28 provider facilitates broadband service meeting the tier 29 1, tier 2, or tier 3 download and upload speeds specified 30 in the definition of targeted service area in section 8B.1 31 shall be determined or ascertained by reference to broadband 32 availability maps or data sources that are identified 33 by the office department by rule. The office department 34 shall periodically make renewed determinations of whether 35 -36- LSB 5393HZ (3) 90 ns/jh 36/ 102
H.F. 2708 a communications service provider facilitates broadband 1 service at or above the tier 1, tier 2, or tier 3 download 2 and upload speeds specified in the definition of targeted 3 service area in section 8B.1 , which shall, to the extent 4 updated maps and data sources are available at the time, 5 include making such determinations prior to each round of grant 6 applications solicited by the office department pursuant to 7 section 8B.11 . The office department is not required to make 8 renewed determinations of whether a communications service 9 provider facilitates broadband service at or above the tier 10 1, tier 2, or tier 3 download and upload speeds specified in 11 the definition of targeted service area in section 8B.1 more 12 frequently than once in any calendar year. 13 2. The office department shall establish procedures to 14 allow challenges to the office’s department’s finding on 15 whether an area meets the definition of targeted service area. 16 Sec. 60. Section 8B.11, Code 2024, is amended to read as 17 follows: 18 8B.11 Empower rural Iowa —— broadband grants —— fund. 19 1. The office department shall administer a broadband 20 grant program designed to reduce or eliminate unserved and 21 underserved areas in the state, leveraging federal funds and 22 public and private partnerships where possible, by awarding 23 grants to communications service providers that reduce or 24 eliminate targeted service areas by installing broadband 25 infrastructure that facilitates broadband service in accordance 26 with the following: 27 a. The broadband infrastructure facilitates broadband 28 service that provides a minimum download speed of one hundred 29 megabits per second and a minimum upload speed of one hundred 30 megabits per second in a targeted service area within which no 31 communications service provider offers or facilitates broadband 32 service that provides download and upload speeds less than or 33 equal to the tier 1 download and upload speeds specified in the 34 definition of targeted service area in section 8B.1 . 35 -37- LSB 5393HZ (3) 90 ns/jh 37/ 102
H.F. 2708 b. The broadband infrastructure facilitates broadband 1 service that provides a minimum download speed of one hundred 2 megabits per second and a minimum upload speed of one hundred 3 megabits per second in a targeted service area within which no 4 communications service provider offers or facilitates broadband 5 service that provides any of the following: 6 (1) Download speeds less than or equal to the tier 2 7 download speed specified in the definition of targeted service 8 area in section 8B.1 . 9 (2) Download speeds less than or equal to the tier 3 10 download speed specified in the definition of targeted service 11 area in section 8B.1 . 12 2. a. An empower rural Iowa broadband grant fund is 13 established in the state treasury under the authority of the 14 office department . The fund shall consist of moneys available 15 to and obtained or accepted by the office department . Moneys 16 in the fund are appropriated to the office department to be 17 used for the grant program, including for broadband mapping and 18 the administration and operation of the grant program, and for 19 the fiberoptic network conduit installation program established 20 in section 8B.25 . 21 b. The office department shall use moneys in the fund to 22 provide grants to communications service providers pursuant 23 to this section and to lead and coordinate the fiberoptic 24 network conduit installation program pursuant to section 25 8B.25 . The office department may use not more than two and 26 one-half percent of the moneys in the fund at the beginning of 27 the fiscal year to pay the costs and expenses associated with 28 the administration and operation of the grant program and the 29 fiberoptic network conduit installation program. The office 30 department shall use moneys in the fund to leverage available 31 federal moneys if possible. 32 c. Notwithstanding section 8.33 , moneys in the fund 33 that remain unencumbered or unobligated at the close of the 34 fiscal year shall not revert but shall remain available for 35 -38- LSB 5393HZ (3) 90 ns/jh 38/ 102
H.F. 2708 expenditure for the purposes designated until three years 1 following the last day of the fiscal year in which the funds 2 were originally appropriated. 3 d. Notwithstanding paragraph “c” or any provision to the 4 contrary, moneys in the fund that have been awarded but not 5 paid to a communications service provider shall not revert but 6 shall remain available to the office department for purposes of 7 administering the award in a manner consistent with the terms 8 and conditions of any corresponding contract or grant agreement 9 governing the administration of the award. 10 3. Communications service providers may apply to the 11 office department for a grant pursuant to this section for 12 the installation of broadband infrastructure that facilitates 13 broadband service in targeted service areas. The office 14 department shall make available a public internet site 15 identifying all publicly available information contained in the 16 applications and any results of performance testing conducted 17 after the project is completed. The office department 18 shall devote one full-time equivalent position to evaluate 19 applications submitted under this section and provide technical 20 assistance to communications service providers in completing 21 applications for federal funds, or any other funds from any 22 public or private sources, related to improving broadband 23 infrastructure. 24 4. a. The office department shall award grants on 25 a competitive basis for the installation of broadband 26 infrastructure that facilitates broadband service as provided 27 in subsection 3 in targeted service areas after considering the 28 following: 29 (1) The relative need for broadband infrastructure in the 30 area and the existing broadband service speeds, including 31 whether the project serves a rural area or areas. 32 (2) The applicant’s total proposed budget for the project, 33 including all of the following: 34 (a) The amount or percentage of local or federal matching 35 -39- LSB 5393HZ (3) 90 ns/jh 39/ 102
H.F. 2708 funds, if any, and any funding obligations shared between 1 public and private entities. 2 (b) The percentage of funding provided directly from the 3 applicant, including whether the applicant requested from the 4 office department an amount less than the maximum amount the 5 office department could award pursuant to subsection 5 and, if 6 so, the percentage of the project cost that the applicant is 7 requesting. 8 (3) The relative download and upload speeds of proposed 9 projects for all applicants. 10 (4) The specific product attributes resulting from the 11 proposed project, including technologies that provide higher 12 qualities of service, such as service levels, latency, 13 and other service attributes as determined by the office 14 department . 15 (5) The percentage of the homes, farms, schools, and 16 businesses in the targeted service area that will be provided 17 access to broadband service. 18 (6) The proportion of proposed projects that will result 19 in the installation of broadband infrastructure in a targeted 20 service area within which the only broadband service available 21 provides the tier 1 download and upload speeds specified in the 22 definition of targeted service area in section 8B.1 . 23 (7) Other factors the office department deems relevant. 24 b. In considering the factors listed in paragraph “a” for 25 awarding grants pursuant to this section , the office department 26 shall afford the greatest weight to the factors described in 27 paragraph “a” , subparagraphs (1) through (3), and subparagraph 28 (6). 29 5. The total amount of the grants the office department 30 awards from the empower rural Iowa broadband grant fund 31 pursuant to this section shall not exceed any of the following 32 amounts: 33 a. Seventy-five percent of a communications service 34 provider’s project costs for projects that will result in the 35 -40- LSB 5393HZ (3) 90 ns/jh 40/ 102
H.F. 2708 installation of broadband infrastructure in a targeted service 1 area within which no communications service provider offers or 2 facilitates broadband service that provides download and upload 3 speeds less than or equal to the tier 1 download and upload 4 speeds specified in the definition of targeted service area in 5 section 8B.1 . 6 b. Fifty percent of a communications service provider’s 7 project costs for projects that will result in the installation 8 of broadband infrastructure in a targeted service area within 9 which no communications service provider offers or facilitates 10 broadband service that provides download speeds less than or 11 equal to the tier 2 download speeds specified in the definition 12 of targeted service area in section 8B.1 . 13 c. Thirty-five percent of a communications service 14 provider’s project costs for projects that will result in the 15 installation of broadband infrastructure in a targeted service 16 area within which no communications service provider offers or 17 facilitates broadband service that provides download speeds 18 less than or equal to the tier 3 download speed specified in 19 the definition of targeted service area in section 8B.1 . 20 6. Notwithstanding subsections 3 and 5 , communications 21 service providers may apply to the office department for 22 a grant pursuant to this section for the installation of 23 broadband infrastructure that facilitates broadband service 24 providing a minimum download speed of one hundred megabits per 25 second and a minimum upload speed of twenty megabits per second 26 in targeted service areas pursuant to this subsection . The 27 office department shall make available a public internet site 28 identifying all publicly available information contained in the 29 applications and any results of performance testing conducted 30 after the project is completed. 31 a. The office department shall award grants under this 32 subsection on a competitive basis after considering the factors 33 provided in subsection 4 and affording weight to the factors 34 pursuant to subsection 4 , paragraph “b” . 35 -41- LSB 5393HZ (3) 90 ns/jh 41/ 102
H.F. 2708 b. The total amount of the grants the office department 1 shall award pursuant to this subsection shall not exceed fifty 2 percent of a communications service provider’s project costs 3 for projects that will result in the installation of broadband 4 infrastructure in a targeted service area within which no 5 communications service provider offers or facilitates broadband 6 service that provides download and upload speeds less than or 7 equal to the tier 1 download and upload speeds specified in the 8 definition of targeted service area in section 8B.1 . 9 7. Notwithstanding subsections 5 and 6 , at least twenty 10 percent of the total amount of the grants the office department 11 awards from the empower rural Iowa broadband grant fund 12 pursuant to this section shall be allocated to projects that 13 will result in the installation of broadband infrastructure 14 in difficult to serve targeted service areas within which no 15 communications service provider offers or facilitates broadband 16 service that provides download and upload speeds less than 17 or equal to the tier 1 download and upload speeds specified 18 in the definition of targeted service area in section 8B.1 . 19 For purposes of this subsection , a targeted service area is 20 difficult to serve if the soil conditions, topography, or 21 other local conditions make the installation of broadband 22 infrastructure in the targeted service area more time-consuming 23 or labor-intensive compared to other areas of the state. 24 8. The office department shall provide public notice 25 regarding the application process and receipt of funding. 26 9. The office department may adopt rules pursuant to 27 chapter 17A interpreting this chapter subchapter or necessary 28 for administering this chapter subchapter , including but not 29 limited to rules relating to the broadband grant program 30 process, management, and measurements as deemed necessary by 31 the office department . 32 10. The office department shall adopt rules establishing 33 procedures to allow aggrieved applicants an opportunity to 34 challenge the office’s department’s award of grants under this 35 -42- LSB 5393HZ (3) 90 ns/jh 42/ 102
H.F. 2708 section . 1 Sec. 61. Section 8B.12, subsections 1 and 3, Code 2024, are 2 amended to read as follows: 3 1. The chief information officer director shall enter 4 into agreements with state agencies supported entities , and 5 may enter into agreements with any other governmental entity , 6 including a local governmental entity or entity created 7 pursuant to chapter 28E, or with a nonprofit organization, to 8 furnish services and facilities of the office department to the 9 applicable governmental entity or nonprofit organization under 10 this subchapter . The agreement shall must provide for the 11 reimbursement to the office department of the reasonable cost 12 of the services and facilities furnished. All governmental 13 entities of this state may enter into such agreements. For 14 purposes of this subsection , “nonprofit organization” means a 15 nonprofit entity which is exempt from federal income taxation 16 pursuant to section 501(c)(3) of the Internal Revenue Code 17 and which is funded in whole or in part by public funds , and 18 also includes the Iowa state association of counties, the Iowa 19 league of cities, and the Iowa state bar association . 20 3. The state board of regents shall not be required to 21 obtain any service for the state board of regents or any 22 institution under the control of the state board of regents 23 that is provided by the office department pursuant to this 24 chapter subchapter without the consent of the state board of 25 regents. 26 Sec. 62. Section 8B.13, Code 2024, is amended to read as 27 follows: 28 8B.13 Office Department internal service funds —— information 29 technology . 30 1. Activities of the office shall be accounted for 31 within the general fund of the state, except that the chief 32 information officer The department may establish and maintain 33 internal service funds in accordance with generally accepted 34 accounting principles , as defined in section 8.57, subsection 35 -43- LSB 5393HZ (3) 90 ns/jh 43/ 102
H.F. 2708 4 , for activities of the office department which are primarily 1 funded from billings to governmental entities for services 2 rendered by the office department under this subchapter . The 3 establishment of an internal service fund is subject to the 4 approval of the director of the department of management and 5 the concurrence of the auditor of state. At least ninety days 6 prior to the establishment of an internal service fund pursuant 7 to this section , the chief information officer department 8 shall notify in writing the general assembly, including the 9 legislative council, legislative fiscal committee, and the 10 legislative services agency. 11 2. Internal service funds shall be administered by the 12 office department and shall consist of moneys collected by 13 the office department from billings issued in accordance with 14 section 8B.15 , fees collected under section 8B.24, and any 15 other moneys obtained or accepted by the office department 16 under this subchapter , including but not limited to gifts, 17 loans, donations, grants, and contributions, which are 18 designated to support the activities of the individual internal 19 service funds in accordance with this subchapter . 20 3. The proceeds of an internal service fund established 21 pursuant to this section shall be used by the office department 22 for the operations of the office department pursuant to and 23 consistent with this chapter subchapter . The chief information 24 officer director may appoint the personnel necessary to ensure 25 the efficient provision of services funded pursuant to an 26 internal service fund established under this section . However, 27 this usage requirement shall not limit or restrict the office 28 department from using proceeds from gifts, loans, donations, 29 grants, and contributions in conformance with any conditions, 30 directions, limitations, or instructions attached or related 31 thereto. 32 4. a. (1) Section 8.33 does not apply to any moneys in 33 internal service funds established pursuant to this section . 34 (2) This paragraph does not apply to moneys annually 35 -44- LSB 5393HZ (3) 90 ns/jh 44/ 102
H.F. 2708 appropriated to the department by the general assembly in an 1 Act of the general assembly. Such moneys shall be subject to 2 reversion as otherwise provided by law. 3 b. Notwithstanding section 12C.7, subsection 2 , interest or 4 earnings on moneys deposited in these funds shall be credited 5 to these funds. 6 5. The office department shall submit an annual report not 7 later than October 1 to the members of the general assembly and 8 the legislative services agency of the activities funded by and 9 expenditures made from an internal service fund established 10 pursuant to this section during the preceding fiscal year. 11 Sec. 63. Section 8B.15, Code 2024, is amended to read as 12 follows: 13 8B.15 Billing —— credit card payments. 14 1. The chief information officer director may bill a 15 governmental entity for services rendered by the office 16 department in accordance with the duties of the office 17 department as provided in this chapter subchapter . Bills may 18 include direct, indirect, and developmental costs which have 19 not been funded by an appropriation to the office department . 20 The office department shall periodically render a billing 21 statement to a governmental entity outlining the cost of 22 services provided to the governmental entity. The amount 23 indicated on the statement shall be paid by the governmental 24 entity and amounts received by the office department shall 25 be considered repayment appropriated receipts as defined in 26 section 8.2 , and deposited into the accounts of the office 27 department . 28 2. In addition to other forms of payment, a person may pay 29 by credit card for services provided by the office department , 30 according to rules adopted by the treasurer of state. The 31 credit card fees to be charged shall not exceed those permitted 32 by statute. A governmental entity may adjust its payment to 33 reflect the costs of processing as determined by the treasurer 34 of state. The discount charged by the credit card issuer may 35 -45- LSB 5393HZ (3) 90 ns/jh 45/ 102
H.F. 2708 be included in determining the fees to be paid for completing 1 a financial transaction under this section by using a credit 2 card. All credit card payments shall be credited to the fund 3 used to account for the services provided. 4 Sec. 64. Section 8B.16, Code 2024, is amended to read as 5 follows: 6 8B.16 Office Department debts and liabilities —— 7 appropriation request. 8 If a service provided by the office department and funded 9 from an internal service fund established under section 10 8B.13 ceases to be provided and insufficient funds remain in 11 the internal service fund to pay any outstanding debts and 12 liabilities relating to that service, the chief information 13 officer director shall notify the department of management and 14 the general assembly and request that moneys be appropriated 15 from the general fund of the state to pay such debts and 16 liabilities. 17 Sec. 65. Section 8B.21, subsections 1, 2, and 3, Code 2024, 18 are amended to read as follows: 19 1. Powers and duties of office the chief information 20 officer . The powers and duties of the office chief information 21 officer as it relates to information technology services shall 22 include but are not limited to all of the following: 23 a. Approving information technology for use by agencies 24 supported entities and other governmental entities. 25 b. Directing, developing, and implementing policies, 26 procedures, and organization measures designed to ensure the 27 efficient administration of information technology. 28 b. c. Implementing the strategic information technology 29 plan. 30 d. Prescribing and adopting information technology 31 policies, procedures, and rules that are binding on all 32 supported entities and that represent best practices for other 33 governmental entities in the state that are not supported 34 entities. 35 -46- LSB 5393HZ (3) 90 ns/jh 46/ 102
H.F. 2708 c. e. Developing and implementing a business continuity 1 plan, as the chief information officer director determines is 2 appropriate, to be used if a disruption occurs in the provision 3 of information technology to participating agencies supported 4 entities and other governmental entities. 5 d. f. Prescribing standards policies and adopting rules 6 relating to cyber security cybersecurity , geospatial systems, 7 application development, and information technology and 8 procurement, including but not limited to system design and 9 systems integration, and interoperability, which shall apply to 10 are binding on all participating agencies supported entities 11 except as otherwise provided in this chapter subchapter, 12 and which represent best practices for other governmental 13 entities in the state that are not supported entities . The 14 office department shall implement information technology 15 standards policies as established pursuant to this chapter 16 which subchapter that are applicable to information technology 17 procurements for participating agencies supported entities . 18 g. Providing continuous monitoring through a security 19 operations center for supported entities, which the department 20 may also make available to other governmental entities. 21 e. h. Establishing an enterprise strategic and project 22 management function for oversight of all information 23 technology-related projects and resources of participating 24 agencies supported entities that require prior approval by 25 rule . 26 f. i. (1) Developing and maintaining security policies 27 and systems to ensure the integrity of the state’s information 28 resources and to prevent the disclosure of confidential 29 records. The office department shall ensure that the security 30 policies and systems be consistent with the state’s data 31 transparency efforts by developing and implementing policies 32 and systems for the sharing of data and information by 33 participating agencies supported entities . 34 (2) Establishing statewide standards policies , to include 35 -47- LSB 5393HZ (3) 90 ns/jh 47/ 102
H.F. 2708 periodic review and compliance measures, for information 1 technology security to maximize the functionality, security, 2 and interoperability of the state’s distributed information 3 technology assets, including but not limited to communications 4 and encryption technologies. 5 (3) Requiring all information technology security services, 6 solutions, hardware, and software purchased or used by a 7 participating agency supported entity to be subject to approval 8 by the office department in accordance with security standards 9 policies . 10 g. j. Developing and implementing effective and efficient 11 strategies for the use and provision of information technology 12 and information technology staff for participating agencies 13 supported entities and other governmental entities. 14 h. k. Coordinating and managing the acquisition of 15 information technology goods and services by participating 16 agencies supported entities in furtherance of the purposes of 17 this chapter subchapter . The office department shall institute 18 procedures to ensure effective and efficient compliance with 19 the applicable standards policies established pursuant to this 20 chapter subchapter . 21 i. Entering into contracts, leases, licensing agreements, 22 royalty agreements, marketing agreements, memorandums of 23 understanding, or other agreements as necessary and appropriate 24 to administer this chapter . 25 l. Selecting the chief information security officer in 26 consultation with the director, and selecting other information 27 technology staff deemed necessary for the administration of the 28 department’s information technology functions as provided in 29 this chapter. 30 j. m. Determining and implementing statewide efforts 31 to standardize data elements, determine data ownership 32 assignments, and implement the sharing of data. 33 k. n. Requiring that a participating agency supported 34 entity provide such information as is necessary to establish 35 -48- LSB 5393HZ (3) 90 ns/jh 48/ 102
H.F. 2708 and maintain an inventory of information technology used by 1 participating agencies, and such participating agency supported 2 entities. A supported entity shall provide such information to 3 the office department in a timely manner . The , in a form and 4 content of the containing information to be provided shall be 5 as determined by the office department . 6 l. o. Requiring participating agencies supported 7 entities to provide the full details of the agency’s entity’s 8 information technology and operational requirements upon 9 request, report information technology security incidents to 10 the office department in a timely manner, provide comprehensive 11 information concerning the information technology security 12 employed by the agency entity to protect the agency’s entity’s 13 information technology, and forecast the parameters of the 14 agency’s entity’s projected future information technology 15 security needs and capabilities. 16 m. p. Charging reasonable fees, costs, expenses, charges, 17 or other amounts to an agency, governmental entity, public 18 official, or person or entity related to the provision, sale, 19 use, or utilization of, or cost sharing with respect to, 20 information technology and any intellectual property interests 21 related thereto; research and development; proprietary 22 hardware, software, and applications; and information 23 technology architecture and design. The office department may 24 enter into nondisclosure agreements and take any other legal 25 action reasonably necessary to secure a right to an interest 26 in information technology development by or on behalf of the 27 state of Iowa and to protect the state of Iowa’s proprietary 28 information technology and intellectual property interests. 29 The provisions of chapter 23A relating to noncompetition 30 by state agencies and political subdivisions with private 31 enterprise shall do not apply to office department activities 32 authorized under this paragraph. 33 n. q. Charging reasonable fees, costs, expenses, charges, 34 or other amounts to an agency, governmental entity, public 35 -49- LSB 5393HZ (3) 90 ns/jh 49/ 102
H.F. 2708 official, or other person or entity to or for whom information 1 technology or other services have been provided by or on behalf 2 of, or otherwise made available through, the office department . 3 o. r. Providing, selling, leasing, licensing, transferring, 4 or otherwise conveying or disposing of information technology, 5 or any intellectual property or other rights with respect 6 thereto, to agencies, governmental entities, public officials, 7 or other persons or entities. 8 p. s. Entering into partnerships, contracts, leases, or 9 other agreements with public and private entities for the 10 evaluation and development of information technology pilot 11 projects. 12 q. t. Initiating and supporting the development of 13 electronic commerce, electronic government, and internet 14 applications across participating agencies supported entities 15 and in cooperation with other governmental entities. The 16 office department shall foster joint development of electronic 17 commerce and electronic government involving the public and 18 private sectors, develop customer surveys and citizen outreach 19 and education programs and material, and provide for citizen 20 input regarding the state’s electronic commerce and electronic 21 government applications. 22 u. Working with all governmental entities in an effort to 23 achieve information technology goals. 24 v. Developing systems and methodologies to review, evaluate, 25 and prioritize information technology projects. 26 w. Streamlining, consolidating, and coordinating the access 27 to and availability of broadband and broadband infrastructure 28 throughout the state, including but not limited to facilitating 29 public-private partnerships, ensuring that all departments’ 30 and establishments’ broadband and broadband infrastructure 31 policies are aligned, resolving issues that arise with regard 32 to implementation efforts, and collecting data and developing 33 metrics or policies against which the data may be measured and 34 evaluated regarding broadband infrastructure installation and 35 -50- LSB 5393HZ (3) 90 ns/jh 50/ 102
H.F. 2708 deployment. 1 x. Administering the broadband grant program pursuant 2 to section 8B.11, and providing technical assistance to 3 communications service providers related to grant applications 4 under section 8B.11. 5 y. Coordinating the fiberoptic network conduit installation 6 program established in section 8B.25. 7 2. Responsibilities. The responsibilities of the office 8 chief information officer as it relates to information 9 technology services include all of the following: 10 a. Coordinate the activities of the office in promoting, 11 integrating, and supporting Promote, integrate, and support 12 information technology in all business aspects of state 13 government. 14 b. Provide for server systems, including mainframe and 15 other server operations, desktop support, and applications 16 integration. 17 c. Provide applications development, support, and training, 18 and advice and assistance in developing and supporting business 19 applications throughout state government. 20 3. Information technology charges. The office department 21 shall render a statement to an agency, governmental entity, 22 public official, or other person or entity to or for whom 23 information technology, value-added services, or other items or 24 services have been provided by or on behalf of, or otherwise 25 made available through, the office department . Such an agency, 26 governmental entity, public official, or other person or entity 27 shall pay an amount indicated on such statement in a manner 28 determined by the office department . 29 Sec. 66. Section 8B.21, subsection 4, Code 2024, is amended 30 by striking the subsection and inserting in lieu thereof the 31 following: 32 4. Exclusion. The department of public defense is not 33 required to obtain any information technology services pursuant 34 to this subchapter where such services involve or impact 35 -51- LSB 5393HZ (3) 90 ns/jh 51/ 102
H.F. 2708 interconnections with federal networks and systems. 1 Sec. 67. Section 8B.21, subsections 5 and 6, Code 2024, are 2 amended by striking the subsections. 3 Sec. 68. Section 8B.22, Code 2024, is amended to read as 4 follows: 5 8B.22 Digital government. 6 1. The office department is responsible for initiating and 7 supporting the development of electronic commerce, electronic 8 government, mobile applications, and internet applications 9 across participating agencies supported entities and in 10 cooperation with other governmental entities. 11 2. In developing the concept of digital government, the 12 office department shall do all of the following: 13 a. Establish standards policies , consistent with other 14 state law, for the implementation of electronic commerce, 15 including standards policies for the technical implementation 16 of electronic signatures pursuant to chapter 554D , electronic 17 currency, and other items associated with electronic commerce. 18 b. Establish guidelines for the appearance and functioning 19 of applications. 20 c. Establish standards policies for the integration of 21 electronic data across state agencies. 22 d. Foster joint development of electronic commerce and 23 electronic government involving the public and private sectors. 24 e. Develop customer surveys and citizen outreach and 25 education programs and material, and provide for citizen input 26 regarding the state’s electronic commerce and electronic 27 government applications. 28 f. Assist participating agencies supported entities in 29 converting printed government materials to electronic materials 30 which can be accessed through an internet searchable database. 31 g. Encourage participating agencies supported entities 32 to utilize duplex printing and a print on demand strategy 33 to reduce printing costs, publication overruns, excessive 34 inventory, and obsolete printed materials. 35 -52- LSB 5393HZ (3) 90 ns/jh 52/ 102
H.F. 2708 Sec. 69. Section 8B.23, Code 2024, is amended to read as 1 follows: 2 8B.23 Information technology standards policies . 3 1. The office department shall develop and adopt 4 information technology standards policies applicable to the 5 procurement of information technology by all participating 6 agencies supported entities . Such standards policies , unless 7 waived by the office department , shall apply to all information 8 technology procurements for participating agencies supported 9 entities . 10 2. The office of the governor or the office of an elective 11 constitutional or statutory officer shall consult with the 12 office department prior to procuring information technology and 13 consider the information technology standards policies adopted 14 by the office department , and provide a written report to the 15 office department relating to the other office’s decision 16 regarding such acquisitions. 17 Sec. 70. Section 8B.24, Code 2024, is amended to read as 18 follows: 19 8B.24 Procurement of information technology. 20 1. Standards Policies established by the office department , 21 unless waived by the office department , shall apply to all 22 information technology procurements for participating agencies 23 supported entities . 24 2. The office department shall institute procedures to 25 ensure effective and efficient compliance with standards 26 policies established by the office department . 27 3. The office department shall develop policies and 28 procedures that apply to all information technology goods and 29 services acquisitions, and shall ensure the compliance of 30 all participating agencies supported entities . The office 31 department shall also be the sole provider of infrastructure 32 information technology goods and services for participating 33 agencies supported entities, the sole authority in state 34 government for the procurement of information technology goods 35 -53- LSB 5393HZ (3) 90 ns/jh 53/ 102
H.F. 2708 and services for supported entities, the sole authority in 1 state government for the establishment of master agreements 2 for information technology goods and services, and the 3 sole authority in state government for determining whether 4 any particular procurement is an information technology 5 procurement . 6 4. The office department , by rule, may implement a 7 prequalification procedure for contractors with which the 8 office department has entered or intends to enter into 9 agreements regarding the procurement of information technology. 10 5. Notwithstanding the provisions governing purchasing as 11 provided in chapter 8A, subchapter III , the office department 12 may procure information technology as provided in this section . 13 The office department may cooperate with other governmental 14 entities in the procurement of information technology in an 15 effort to make such procurements in a cost-effective, efficient 16 manner as provided in this section . The office department , as 17 deemed appropriate and cost effective, may procure information 18 technology using any of the following methods: 19 a. Cooperative procurement agreement. The office department 20 may enter into a cooperative procurement agreement with another 21 governmental entity relating to the procurement of information 22 technology, whether such information technology is for the use 23 of the office department or other governmental entities. The 24 cooperative procurement agreement shall must clearly specify 25 the purpose of the agreement and the method by which such 26 purpose will be accomplished. Any power exercised under such 27 agreement shall not exceed the power granted to any party to 28 the agreement. 29 b. Negotiated contract. The office department may enter 30 into an agreement for the purchase of information technology if 31 any of the following applies apply : 32 (1) The contract price, terms, and conditions are pursuant 33 to the current federal supply contract, and the purchase order 34 adequately identifies the federal supply contract under which 35 -54- LSB 5393HZ (3) 90 ns/jh 54/ 102
H.F. 2708 the procurement is to be made. 1 (2) The contract price, terms, and conditions are no less 2 favorable than the contractor’s current federal supply contract 3 price, terms, and conditions; the contractor has indicated 4 in writing a willingness to extend such price, terms, and 5 conditions to the office department ; and the purchase order 6 adequately identifies the contract relied upon. 7 (3) The contract is with a vendor who has a current 8 exclusive or nonexclusive price agreement with the state for 9 the information technology to be procured, and such information 10 technology meets the same standards and specifications as the 11 items to be procured and both all of the following apply: 12 (a) The quantity purchased does not exceed the quantity 13 which may be purchased under the applicable price agreement. 14 (b) The purchase order adequately identifies the price 15 agreement relied upon. 16 c. Contracts let by another governmental entity. The office, 17 on its own behalf or on the behalf of another participating 18 agency or governmental entity, may procure information 19 technology under a contract let by another agency or other 20 governmental entity, or approve such procurement in the same 21 manner by a participating agency or governmental entity. 22 The office, on its own behalf or on the behalf of another 23 participating agency or governmental entity, may also procure 24 information technology by leveraging an existing competitively 25 procured contract, other than a contract associated with the 26 state board of regents or an institution under the control of 27 the state board of regents. The department may contract for 28 information technology by leveraging an existing, competitively 29 procured contract established by any other governmental entity 30 or cooperative purchasing organization. 31 d. Reverse auction. 32 (1) The office department may enter into an agreement for 33 the purchase of information technology utilizing a reverse 34 auction process. Such process shall result in the purchase of 35 -55- LSB 5393HZ (3) 90 ns/jh 55/ 102
H.F. 2708 information technology from the vendor submitting the lowest 1 responsible bid amount for the information technology to be 2 acquired. The office department , in establishing a reverse 3 auction process, shall do all of the following: 4 (a) Determine the specifications and requirements of the 5 information technology to be acquired. 6 (b) Identify and provide notice to potential vendors 7 concerning the proposed acquisition. 8 (c) Establish prequalification requirements to be met by a 9 vendor to be eligible to participate in the reverse auction. 10 (d) Conduct the reverse auction in a manner as deemed 11 appropriate by the office department and consistent with rules 12 adopted by the office department . 13 (2) Prior to conducting a reverse auction, the office 14 department shall establish a threshold amount which shall be 15 the maximum amount that the office department is willing to pay 16 for the information technology to be acquired. 17 (3) The office department shall enter into an agreement with 18 a vendor who is the lowest responsible bidder which meets the 19 specifications or description of the information technology to 20 be procured, or the office department may reject all bids and 21 begin the process again. In determining the lowest responsible 22 bidder, the office department may consider various factors 23 including but not limited to the past performance of the vendor 24 relative to quality of product or service, the past experience 25 of the office department in relation to the product or service, 26 the relative quality of products or services, the proposed 27 terms of delivery, and the best interest of the state. 28 e. Competitive bidding. The office department may enter 29 into an agreement for the procurement or acquisition of 30 information technology in the same manner as provided under 31 chapter 8A, subchapter III , for the purchasing of service. The 32 department may also contract for the purchase of information 33 technology goods or services using a competitive bidding 34 process that includes a vendor selection process that focuses 35 -56- LSB 5393HZ (3) 90 ns/jh 56/ 102
H.F. 2708 on realized, efficiency-based competition models. 1 f. Other agreement. In addition to the competitive 2 bidding procedure provided for under paragraph “e” , the office 3 department may enter into an agreement for the purchase, 4 disposal, or other disposition of information technology in the 5 same manner and subject to the same limitations as otherwise 6 provided in this chapter subchapter . The office, by rule, 7 shall provide for such procedures. 8 6. a. The department shall, when feasible, prioritize the 9 procurement of cloud computing solutions and other information 10 technology and related services that are not hosted on premises 11 by the state. The department may contract for multiple cloud 12 computing solutions. The ownership of state data stored within 13 cloud computing solutions shall remain with the state. 14 b. The department shall make reasonable efforts to ensure 15 the portability of state data stored within cloud computing 16 solutions. The department shall develop contractual terms 17 and conditions for cloud computing solutions to ensure the 18 confidentiality, integrity, and availability of state data and 19 to maximize cybersecurity protections. 20 c. For purposes of this subsection, “cloud computing 21 solutions” means the same as described in section 8.2, 22 subsection 20, paragraph “l” . 23 6. 7. The office department shall adopt rules pursuant to 24 chapter 17A to implement the procurement methods and procedures 25 provided for in subsections 2 through 5 6 . 26 8. The department may establish and collect administrative 27 fees associated with purchases made from department information 28 technology agreements. The department may retain fees 29 collected under this subsection in a fund created pursuant to 30 section 8B.13. 31 Sec. 71. Section 8B.25, subsections 2 and 3, Code 2024, are 32 amended to read as follows: 33 2. The office department shall lead and coordinate a program 34 to provide for the installation of fiberoptic network conduit 35 -57- LSB 5393HZ (3) 90 ns/jh 57/ 102
H.F. 2708 where such conduit does not exist. The chief information 1 officer director shall consult and coordinate with applicable 2 agencies and entities, including public utilities as defined 3 in section 476.1 , the state department of transportation, the 4 economic development authority, county boards of supervisors, 5 municipal governing bodies, the farm-to-market review board, 6 county conservation boards, and the boards, commissions, or 7 agencies in control of state parks, as determined appropriate 8 to ensure that the opportunity is provided to lay or install 9 fiberoptic network conduit wherever a state-funded construction 10 project involves trenching, boring, a bridge, a roadway, 11 or opening of the ground, or alongside any state-owned 12 infrastructure. 13 3. Contingent upon the provision of funding for such 14 purposes by the general assembly, the office department may 15 contract with a nongovernmental third party to manage, lease, 16 install, or otherwise provide fiberoptic network conduit 17 access for projects described in this section . This section 18 does not require coordination with or approval from the 19 office department pursuant to this program or installation of 20 fiberoptic conduit as required by this section for construction 21 projects not using public funding. 22 Sec. 72. Section 8B.31, subsection 1, Code 2024, is amended 23 to read as follows: 24 1. IowAccess. The office department shall establish 25 IowAccess as a service to the citizens of this state that 26 is the gateway for one-stop electronic access to government 27 information and transactions, whether federal, state, or local. 28 Except as provided in this section , IowAccess shall be a 29 state-funded service providing access to government information 30 and transactions. The office department , in establishing the 31 fees for value-added services, shall consider the reasonable 32 cost of creating and organizing such government information 33 through IowAccess. 34 Sec. 73. Section 8B.31, subsection 2, unnumbered paragraph 35 -58- LSB 5393HZ (3) 90 ns/jh 58/ 102
H.F. 2708 1, Code 2024, is amended to read as follows: 1 The office department shall do all of the following: 2 Sec. 74. Section 8B.31, subsection 2, paragraph b, 3 unnumbered paragraph 1, Code 2024, is amended to read as 4 follows: 5 Approve and establish the priority of projects associated 6 with IowAccess. The determination may also include 7 requirements concerning funding for a project proposed by 8 a political subdivision of the state or an association, 9 the membership of which is comprised solely of political 10 subdivisions of the state. Prior to approving a project 11 proposed by a political subdivision, the office department 12 shall verify that all of the following conditions are met: 13 Sec. 75. Section 8B.31, subsection 2, paragraph d, Code 14 2024, is amended to read as follows: 15 d. Establish the IowAccess total budget request and 16 ensure that such request reflects the priorities and goals of 17 IowAccess as established by the office department . 18 Sec. 76. Section 8B.32, subsection 1, unnumbered paragraph 19 1, Code 2024, is amended to read as follows: 20 Moneys paid to a participating agency supported entity from 21 persons who complete an electronic financial transaction with 22 the agency entity by accessing IowAccess shall be transferred 23 to the treasurer of state for deposit in the general fund of 24 the state, unless the disposition of the moneys is specifically 25 provided for under other law. The moneys may include all of 26 the following: 27 Sec. 77. Section 8B.33, Code 2024, is amended to read as 28 follows: 29 8B.33 IowAccess revolving fund. 30 1. An IowAccess revolving fund is created in the state 31 treasury. The revolving fund shall be administered by the 32 office department and shall consist of moneys collected by the 33 office department as fees, moneys appropriated by the general 34 assembly, and any other moneys obtained or accepted by the 35 -59- LSB 5393HZ (3) 90 ns/jh 59/ 102
H.F. 2708 office department for deposit in the revolving fund. The 1 proceeds of the revolving fund are appropriated to and shall be 2 used by the office department to maintain, develop, operate, 3 and expand IowAccess consistent with this chapter subchapter . 4 2. The office department shall submit an annual report not 5 later than January 31 to the members of the general assembly 6 and the legislative services agency of the activities funded 7 by and expenditures made from the revolving fund during the 8 preceding fiscal year. Section 8.33 does not apply to any 9 moneys in the revolving fund, and, notwithstanding section 10 12C.7, subsection 2 , earnings or interest on moneys deposited 11 in the revolving fund shall be credited to the revolving fund. 12 Sec. 78. Section 28D.3, subsection 4, Code 2024, is amended 13 to read as follows: 14 4. Persons employed by the department of management, 15 department of natural resources, department of administrative 16 services, and the or Iowa communications network under 17 this chapter are not subject to the twenty-four-month time 18 limitation specified in subsection 2 . 19 Sec. 79. Section 97B.4, subsection 2, paragraph d, Code 20 2024, is amended by striking the paragraph. 21 Sec. 80. NEW SECTION . 546.13 Confidential records and data. 22 1. Notwithstanding sections 8E.104 and 8E.209, the 23 department of insurance and financial services shall not share 24 or provide to the department of management any trade secrets, 25 information regulated by third parties, or information deemed 26 confidential by law or contractual commitment. 27 2. The department of management shall not be the lawful 28 custodian of any department of insurance and financial services 29 records or data for purposes of chapter 22. Information 30 provided to the department of management pursuant to sections 31 8E.104 and 8E.209 shall remain confidential information of 32 the department of insurance and financial services, and any 33 statistical information derived from such information shall 34 only be disseminated by the department of management in 35 -60- LSB 5393HZ (3) 90 ns/jh 60/ 102
H.F. 2708 anonymized and aggregate form. 1 Sec. 81. 2021 Iowa Acts, chapter 172, section 28, is amended 2 to read as follows: 3 SEC. 28. REPEAL. The section of this division of this Act 4 amending section 8.58 is repealed July 1, 2025 2027 . 5 Sec. 82. 2023 Iowa Acts, chapter 71, section 137, is amended 6 to read as follows: 7 SEC. 137. Section 8.6 8.5 , Code 2023, is amended by adding 8 the following new subsection: 9 NEW SUBSECTION . 17. 15A. County and city bond 10 issuance. To annually prepare and file with the general 11 assembly by December January 1 a report specifying the updated 12 population thresholds as adjusted under section 331.442, 13 subsection 5 , and section 384.26, subsection 5 , and detailing 14 the use of the bond issuance procedures under section 331.442, 15 subsection 5 , and section 384.26, subsection 5 , including the 16 usage of such procedures by counties and cities based on the 17 population-based limitations and the amount of bonds issued for 18 each such usage. 19 Sec. 83. REPEAL. Sections 8.6, 8.25, 8.28, 8.43, 8.53, 20 8.59, 8.60, 8.61, 8B.2, 8B.3, 8B.4, 8B.5, and 8B.9, Code 2024, 21 are repealed. 22 Sec. 84. CODE EDITOR DIRECTIVE. For all of the following 23 terminology changes, the Code editor is directed to make 24 changes in any Code sections amended or enacted by any other 25 Act to correspond with the changes made in this division of 26 this Act if there appears to be no doubt as to the proper method 27 of making the changes and the changes would not be contrary to 28 or inconsistent with the purposes of this Act or any other Act: 29 1. “Repayment receipts” to “appropriated receipts”. 30 2. “Participating agency” to “supported entity” for 31 purposes associated with chapter 8B, Code 2024. 32 Sec. 85. CODE EDITOR DIRECTIVE. 33 1. The Code editor is directed to make the following 34 transfers: 35 -61- LSB 5393HZ (3) 90 ns/jh 61/ 102
H.F. 2708 a. Section 8.7 to section 68B.22A. 1 b. Section 8.75 to section 8.57J. 2 c. Section 8B.1 to section 8.76. 3 d. Section 8B.4A to section 8.78. 4 e. Section 8B.6 to section 8.12. 5 f. Section 8B.7 to section 8.7A. 6 g. Section 8B.10 to section 8.79. 7 h. Section 8B.11 to section 8.91. 8 i. Section 8B.12 to section 8.80. 9 j. Section 8B.13 to section 8.92. 10 k. Section 8B.15 to section 8.81. 11 l. Section 8B.16 to section 8.82. 12 m. Section 8B.21 to section 8.77. 13 n. Section 8B.22 to section 8.83. 14 o. Section 8B.23 to section 8.84. 15 p. Section 8B.24 to section 8.85. 16 q. Section 8B.25 to section 8.86. 17 r. Section 8B.26 to section 8.87. 18 s. Section 8B.31 to section 8.88. 19 t. Section 8B.32 to section 8.89. 20 u. Section 8B.33 to section 8.90. 21 2. The Code editor shall correct internal references in the 22 Code and in any enacted legislation as necessary due to the 23 enactment of this section. 24 3. The Code editor shall designate sections 8.76 through 25 8.99 as a new subchapter XI within chapter 8 entitled 26 “Information Technology”. 27 Sec. 86. TRANSITION. Any rule, regulation, form, order, or 28 directive promulgated by the office of the chief information 29 officer shall continue in full force and effect until amended, 30 repealed, or supplemented by affirmative action of the 31 department of management. 32 DIVISION II 33 CONFORMING AMENDMENTS 34 Sec. 87. Section 2.47A, subsection 1, paragraph b, Code 35 -62- LSB 5393HZ (3) 90 ns/jh 62/ 102
H.F. 2708 2024, is amended to read as follows: 1 b. Receive the reports of all capital project budgeting 2 requests of all state agencies, with individual state agency 3 priorities noted, pursuant to section 8.6 8.5 , subsection 12 . 4 Sec. 88. Section 8A.101, unnumbered paragraph 1, Code 2024, 5 is amended to read as follows: 6 As used in this chapter and chapter 8B , unless the context 7 otherwise requires: 8 Sec. 89. Section 8A.104, subsection 7, Code 2024, is amended 9 by striking the subsection. 10 Sec. 90. Section 8A.123, subsection 1, Code 2024, is amended 11 to read as follows: 12 1. Activities of the department shall be accounted 13 for within the general fund of the state, except that the 14 director may establish and maintain internal service funds , 15 in accordance with generally accepted accounting principles, 16 as defined in section 8.57, subsection 4 , for activities of 17 the department which are primarily funded from billings to 18 governmental entities for services rendered by the department. 19 The establishment of an internal service fund is subject to 20 the approval of the director of the department of management 21 and the concurrence of the auditor of state. At least ninety 22 days prior to the establishment of an internal service fund 23 pursuant to this section , the director shall notify in writing 24 the general assembly, including the legislative council, 25 legislative fiscal committee, and the legislative services 26 agency. 27 Sec. 91. Section 8A.125, subsection 1, Code 2024, is amended 28 to read as follows: 29 1. The director may bill a governmental entity for services 30 rendered by the department in accordance with the duties 31 of the department as provided in this chapter . Bills may 32 include direct, indirect, and developmental costs which have 33 not been funded by an appropriation to the department. The 34 department shall periodically render a billing statement to a 35 -63- LSB 5393HZ (3) 90 ns/jh 63/ 102
H.F. 2708 governmental entity outlining the cost of services provided to 1 the governmental entity. The amount indicated on the statement 2 shall be paid by the governmental entity and amounts received 3 by the department shall be considered repayment appropriated 4 receipts as defined in section 8.2 , and deposited into the 5 accounts of the department. 6 Sec. 92. Section 8A.502, subsection 7, Code 2024, is amended 7 to read as follows: 8 7. Accounts. To keep the central budget and proprietary 9 control accounts of the general fund of the state and special 10 revenue funds, as defined in section 8.2 , of the state 11 government. Upon elimination of the state deficit under 12 generally accepted accounting principles, including the payment 13 of items budgeted in a subsequent fiscal year which under 14 generally accepted accounting principles should be budgeted 15 in the current fiscal year, the The recognition of revenues 16 received and expenditures paid and transfers received and paid 17 within the time period required pursuant to section 8.33 shall 18 be in accordance with generally accepted accounting principles. 19 Budget accounts are those accounts maintained to control 20 the receipt and disposition of all funds, appropriations, 21 and allotments. Proprietary accounts are those accounts 22 relating to assets, liabilities, income, and expense. For each 23 fiscal year, the financial position and results of operations 24 of the state shall be reported in an annual comprehensive 25 financial report prepared in accordance with generally accepted 26 accounting principles, as established by the governmental 27 accounting standards board. 28 Sec. 93. Section 8A.502, subsection 8, paragraph b, Code 29 2024, is amended to read as follows: 30 b. By charging all collections made by the educational 31 institutions and state fair board to the respective advance 32 accounts of the institutions and state fair board, and by 33 crediting all such repayment collections appropriated receipts 34 to the respective appropriations and special revenue funds. 35 -64- LSB 5393HZ (3) 90 ns/jh 64/ 102
H.F. 2708 Sec. 94. Section 8D.3, subsection 2, paragraph b, Code 2024, 1 is amended to read as follows: 2 b. The auditor of state or the auditor’s designee and the 3 chief information officer selected designated pursuant to 4 section 8B.2 8.5 or the chief information officer’s designee 5 shall serve as nonvoting, ex officio members of the commission. 6 Sec. 95. Section 10A.107, Code 2024, is amended to read as 7 follows: 8 10A.107 Repayment Appropriated receipts. 9 The department may charge state departments, agencies, and 10 commissions for services rendered and the payment received 11 shall be considered repayment appropriated receipts as defined 12 in section 8.2 . 13 Sec. 96. Section 10A.503, subsection 2, Code 2024, is 14 amended to read as follows: 15 2. The department and the licensing boards referenced in 16 subsection 1 may expend funds in addition to amounts budgeted, 17 if those additional expenditures are directly the result of 18 actual examination and exceed funds budgeted for examinations. 19 Before the department or a licensing board expends or encumbers 20 an amount in excess of the funds budgeted for examinations, 21 the director of the department of management shall approve the 22 expenditure or encumbrance. Before approval is given, the 23 department of management shall determine that the examination 24 expenses exceed the funds budgeted by the general assembly to 25 the department or board and the department or board does not 26 have other funds from which examination expenses can be paid. 27 Upon approval of the department of management, the department 28 or licensing board may expend and encumber funds for excess 29 examination expenses. The amounts necessary to fund the excess 30 examination expenses shall be collected as fees from additional 31 examination applicants and shall be treated as repayment 32 appropriated receipts as defined in section 8.2 . 33 Sec. 97. Section 10A.506, subsection 4, Code 2024, is 34 amended to read as follows: 35 -65- LSB 5393HZ (3) 90 ns/jh 65/ 102
H.F. 2708 4. The department may expend additional funds, including 1 funds for additional personnel, if those additional 2 expenditures are directly the cause of actual examination 3 expenses exceeding funds budgeted for examinations. Before 4 the department expends or encumbers an amount in excess of 5 the funds budgeted for examinations, the director of the 6 department of management shall approve the expenditure or 7 encumbrance. Before approval is given, the director of the 8 department of management shall determine that the examination 9 expenses exceed the funds budgeted by the general assembly to 10 the department and the department does not have other funds 11 from which the expenses can be paid. Upon approval of the 12 director of the department of management, the department may 13 expend and encumber funds for excess examination expenses. The 14 amounts necessary to fund the examination expenses shall be 15 collected as fees from additional examination applicants and 16 shall be treated as repayment appropriated receipts as defined 17 in section 8.2 , subsection 8 . 18 Sec. 98. Section 10A.801, subsection 9, Code 2024, is 19 amended to read as follows: 20 9. The division may charge agencies for services rendered 21 and the payment received shall be considered repayment 22 appropriated receipts as defined in section 8.2 . 23 Sec. 99. Section 10A.902, subsection 5, Code 2024, is 24 amended to read as follows: 25 5. The department shall adopt rules regarding minimum 26 requirements for lead inspector, lead abater, and lead-safe 27 renovator training programs, certification, work practice 28 standards, and suspension and revocation requirements, and 29 shall implement the training and certification programs. Rules 30 adopted pursuant to this subsection shall comply with chapter 31 272C . The department shall seek federal funding and shall 32 establish fees in amounts sufficient to defray the cost of the 33 programs. The fees shall be used for any of the department’s 34 duties under this subchapter , including but not limited 35 -66- LSB 5393HZ (3) 90 ns/jh 66/ 102
H.F. 2708 to the costs of full-time equivalent positions for program 1 services and investigations. Fees received shall be considered 2 repayment appropriated receipts as defined in section 8.2 . 3 Sec. 100. Section 11.5B, subsection 14, Code 2024, is 4 amended by striking the subsection. 5 Sec. 101. Section 12.89, subsection 2, paragraph b, Code 6 2024, is amended to read as follows: 7 b. The revenues required to be deposited into the fund 8 pursuant to section 8.57, subsection 5 , paragraph “e” , 9 subparagraphs (1) and (2) “f” . 10 Sec. 102. Section 12.89A, subsection 2, paragraph a, Code 11 2024, is amended to read as follows: 12 a. The revenues required to be deposited in the fund 13 pursuant to section 8.57, subsection 5 , paragraph “e” , 14 subparagraphs (1) and (2) “f” . 15 Sec. 103. Section 13B.8, subsection 4, paragraph b, Code 16 2024, is amended to read as follows: 17 b. The state public defender may enter into agreements with 18 the office of the chief information officer created in chapter 19 8B department of management to provide or procure suitable 20 computer networks and other information technology services 21 to or for each office of the state public defender, including 22 the central administrative office and the office of the state 23 appellate defender, and to each office of the local public 24 defender. 25 Sec. 104. Section 15E.311, subsection 3, paragraph a, Code 26 2024, is amended to read as follows: 27 a. At the end of each fiscal year, moneys in the fund 28 shall be transferred into separate accounts within the fund 29 and designated for use by each county in which no licensee 30 authorized to conduct gambling games under chapter 99F was 31 located during that fiscal year. Moneys transferred to 32 county accounts shall be divided equally among the counties. 33 Moneys transferred into an account for a county shall be 34 transferred by the department to an eligible county recipient 35 -67- LSB 5393HZ (3) 90 ns/jh 67/ 102
H.F. 2708 for that county. Of the moneys transferred, an eligible county 1 recipient shall distribute seventy-five percent of the moneys 2 as grants to charitable organizations for charitable purposes 3 in that county and shall retain twenty-five percent of the 4 moneys for use in establishing a permanent endowment fund 5 for the benefit of charitable organizations for charitable 6 purposes. In addition, of the moneys transferred from moneys 7 appropriated to the fund from the sports wagering receipts fund 8 created in section 8.57, subsection 6, 8.57I and distributed, 9 eligible county recipients shall give consideration for grants, 10 upon application, to a charitable organization that operates 11 a racetrack facility that conducts automobile races in that 12 county. Of the amounts distributed, eligible county recipients 13 shall give special consideration to grants for projects that 14 include significant vertical infrastructure components designed 15 to enhance quality of life aspects within local communities. 16 In addition, as a condition of receiving a grant, the governing 17 body of a charitable organization receiving a grant shall 18 approve all expenditures of grant moneys and shall allow a 19 state audit of expenditures of all grant moneys. 20 Sec. 105. Section 16.50, subsection 1, Code 2024, is amended 21 to read as follows: 22 1. A workforce housing assistance grant fund is created 23 under the control of the authority. The fund shall consist of 24 appropriations made to the fund. The fund shall be separate 25 from the general fund of the state and the balance in the fund 26 shall not be considered part of the balance of the general fund 27 of the state. However, the fund shall be considered a special 28 account for the purposes of section 8.53 , relating to generally 29 accepted accounting principles. 30 Sec. 106. Section 16.81, subsection 2, paragraph d, Code 31 2024, is amended to read as follows: 32 d. The amount of application fees collected by the 33 authority under this subsection shall be considered repayment 34 appropriated receipts as defined in section 8.2 . 35 -68- LSB 5393HZ (3) 90 ns/jh 68/ 102
H.F. 2708 Sec. 107. Section 17A.6B, subsection 1, Code 2024, is 1 amended to read as follows: 2 1. The office of the chief information officer department of 3 management shall establish and maintain a user-friendly state 4 services fee database and internet site for use by the public. 5 Each agency shall make available through the internet site the 6 current fees, rates, and charges imposed by the agency on the 7 public. 8 Sec. 108. Section 20.33, Code 2024, is amended to read as 9 follows: 10 20.33 Retention of costs and fees. 11 1. All moneys paid in advance by the board and subsequently 12 taxed as a cost to a party or parties pursuant to section 20.6, 13 subsection 6 , and section 20.11, subsection 3 , shall, when 14 reimbursed by the party or parties taxed under those sections, 15 be retained by the board as repayment appropriated receipts , as 16 defined in section 8.2, and used exclusively to offset the cost 17 of the certified shorthand reporter reporting the proceeding 18 and of any transcript requested by the board. 19 2. All fees established and collected by the board pursuant 20 to section 20.6, subsection 7 , shall be retained by the board 21 as repayment appropriated receipts , as defined in section 8.2, 22 and used exclusively for the purpose of covering the cost of 23 elections required pursuant to section 20.15 , including payment 24 for the services of any vendor retained by the board to conduct 25 or assist in the conduct of such an election. 26 Sec. 109. Section 22.3A, subsection 2, paragraph f, 27 unnumbered paragraph 1, Code 2024, is amended to read as 28 follows: 29 A government body may establish payment rates and procedures 30 required to provide access to data processing software, 31 regardless of whether the data processing software is separated 32 from or combined with a public record. Proceeds from payments 33 may be considered repayment appropriated receipts, as defined 34 in section 8.2 . The payment amount shall be calculated as 35 -69- LSB 5393HZ (3) 90 ns/jh 69/ 102
H.F. 2708 follows: 1 Sec. 110. Section 23A.2, subsection 8, paragraph o, Code 2 2024, is amended to read as follows: 3 o. The performance of an activity authorized pursuant to 4 section 8B.21, subsection 1 , paragraph “m” “p” . 5 Sec. 111. Section 29C.8, subsection 5, Code 2024, is amended 6 to read as follows: 7 5. The department may charge fees for the repair, 8 calibration, or maintenance of radiological detection equipment 9 and may expend funds in addition to funds budgeted for the 10 servicing of the radiological detection equipment. The 11 department shall adopt rules pursuant to chapter 17A providing 12 for the establishment and collection of fees for radiological 13 detection equipment repair, calibration, or maintenance 14 services and for entering into agreements with other public and 15 private entities to provide the services. Fees collected for 16 repair, calibration, or maintenance services shall be treated 17 as repayment appropriated receipts as defined in section 18 8.2 and shall be used for the operation of the department’s 19 radiological maintenance facility or radiation incident 20 response training. 21 Sec. 112. Section 35D.7, subsection 2, Code 2024, is amended 22 to read as follows: 23 2. Sums paid to and received by the department for the 24 support of members of the home shall be considered repayment 25 appropriated receipts as defined in section 8.2 and credited to 26 the Iowa veterans home account referred to in section 35D.18, 27 subsection 3 . 28 Sec. 113. Section 35D.18, subsection 3, unnumbered 29 paragraph 1, Code 2024, is amended to read as follows: 30 Revenues received that are attributed to the Iowa veterans 31 home during a fiscal year shall be credited to the Iowa 32 veterans home account and shall be considered repayment 33 appropriated receipts as defined in section 8.2 , including but 34 not limited to all of the following: 35 -70- LSB 5393HZ (3) 90 ns/jh 70/ 102
H.F. 2708 Sec. 114. Section 35D.18, subsection 4, Code 2024, is 1 amended by striking the subsection. 2 Sec. 115. Section 68A.405A, subsection 1, paragraph a, 3 unnumbered paragraph 1, Code 2024, is amended to read as 4 follows: 5 Except as provided in sections 29C.3 and 29C.6 , a statewide 6 elected official or member of the general assembly shall not 7 permit the expenditure of public moneys under the control 8 of the statewide elected official or member of the general 9 assembly, including but not limited to moneys held in a private 10 purpose trust fund as defined by section 8.2 , for the purpose 11 of any paid advertisement or promotion bearing the written 12 name, likeness, or voice of the statewide elected official or 13 member of the general assembly distributed through any of the 14 following means: 15 Sec. 116. Section 68A.405A, subsection 2, Code 2024, is 16 amended to read as follows: 17 2. A person who willfully violates this section shall be 18 subject to a civil penalty of an amount up to the amount of 19 moneys withdrawn from a public account or private purpose trust 20 fund as defined in section 8.2 used to fund the communication 21 found to be in violation of this section by the board or, for 22 members of the general assembly, by an appropriate legislative 23 ethics committee. A penalty imposed pursuant to this section 24 shall be paid by the candidate’s committee. Such penalty shall 25 be determined and assessed by the board or, for a member of the 26 general assembly, the appropriate legislative ethics committee, 27 and paid into the account from which such moneys were 28 withdrawn. Additional criminal or civil penalties available 29 under section 68A.701 or established by the board pursuant to 30 section 68B.32A may also be determined and assessed by the 31 board for violations of this section . Nothing in this section 32 shall prevent the imposition of any penalty or sanction for a 33 violation of this section by a legislative ethics committee. 34 Sec. 117. Section 80.28, subsection 2, paragraph a, 35 -71- LSB 5393HZ (3) 90 ns/jh 71/ 102
H.F. 2708 subparagraph (7), Code 2024, is amended to read as follows: 1 (7) One member representing the office of the chief 2 information officer created in section 8B.2 department of 3 management . 4 Sec. 118. Section 80B.15, subsection 2, Code 2024, is 5 amended to read as follows: 6 2. The director of the academy shall assess a fee for 7 use of law enforcement media resources supplied or loaned by 8 the academy. The fees shall be established by rules adopted 9 pursuant to chapter 17A . The fees shall be considered as 10 repayment appropriated receipts , as defined in section 8.2 . 11 Sec. 119. Section 80B.19, subsection 1, Code 2024, is 12 amended to read as follows: 13 1. Activities of the academy shall be accounted for within 14 the general fund of the state, except the academy may establish 15 and maintain an internal training clearing fund , in accordance 16 with generally accepted accounting principles, as defined in 17 section 8.57, subsection 4 , for activities of the academy 18 which are primarily from billings to governmental entities for 19 services rendered by the academy. 20 Sec. 120. Section 84A.5, subsection 9, Code 2024, is amended 21 to read as follows: 22 9. The director of the department of workforce development 23 may adopt rules pursuant to chapter 17A to charge and collect 24 fees for enhanced or value-added services provided by the 25 department of workforce development which are not required by 26 law to be provided by the department and are not generally 27 available from the department of workforce development. Fees 28 shall not be charged to provide a free public labor exchange. 29 Fees established by the director of the department of workforce 30 development shall be based upon the costs of administering the 31 service, with due regard to the anticipated time spent, and 32 travel costs incurred, by personnel performing the service. 33 The collection of fees authorized by this subsection shall 34 be treated as repayment appropriated receipts as defined in 35 -72- LSB 5393HZ (3) 90 ns/jh 72/ 102
H.F. 2708 section 8.2 . 1 Sec. 121. Section 99D.14, subsection 2, paragraphs b and c, 2 Code 2024, are amended to read as follows: 3 b. Notwithstanding sections 8.60 and section 99D.17 , the 4 portion of the fee paid pursuant to paragraph “a” relating 5 to the costs of special agents plus any direct and indirect 6 support costs for the agents, for the division of criminal 7 investigation’s racetrack activities, shall be deposited 8 into the gaming enforcement revolving fund established in 9 section 80.43 . However, the department of public safety shall 10 transfer, on an annual basis, the portion of the regulatory 11 fee attributable to the indirect support costs of the special 12 agents to the general fund of the state. 13 c. Notwithstanding sections 8.60 and section 99D.17 , the 14 portion of the fee paid pursuant to paragraph “a” relating to 15 the costs of the commission shall be deposited into the gaming 16 regulatory revolving fund established in section 99F.20 . 17 Sec. 122. Section 99D.17, Code 2024, is amended to read as 18 follows: 19 99D.17 Use of funds. 20 Funds received pursuant to sections 99D.14 and 99D.15 21 shall be deposited as provided in section 8.57, subsection 22 5 , and shall be subject to the requirements of section 8.60 . 23 These funds shall first be used to the extent appropriated 24 by the general assembly. The commission is subject to the 25 budget requirements of chapter 8 and the applicable auditing 26 requirements and procedures of chapter 11 . 27 Sec. 123. Section 99D.22, subsection 3, paragraph d, Code 28 2024, is amended to read as follows: 29 d. Establish a registration fee imposed on each horse which 30 is a thoroughbred, quarter horse, or standardbred which shall 31 be paid by the breeder of the horse. The department shall not 32 impose the registration fee more than once on each horse. The 33 amount of the registration fee shall not exceed thirty dollars. 34 The moneys paid to the department from registration fees shall 35 -73- LSB 5393HZ (3) 90 ns/jh 73/ 102
H.F. 2708 be considered repayment appropriated receipts as defined in 1 section 8.2 , and shall be used for the administration and 2 enforcement of this subsection . 3 Sec. 124. Section 99D.22, subsection 4, paragraph b, Code 4 2024, is amended to read as follows: 5 b. The moneys paid to the department from registration fees 6 as provided in paragraph “a” shall be considered repayment 7 appropriated receipts as defined in section 8.2 , and shall be 8 used for the administration and enforcement of programs for the 9 promotion of native dogs. 10 Sec. 125. Section 99E.5, subsection 3, Code 2024, is amended 11 to read as follows: 12 3. The annual license fee to conduct internet fantasy sports 13 contests shall be one thousand dollars or, for a licensed 14 internet fantasy sports contest service provider with total 15 annual internet fantasy sports contest adjusted revenues for 16 the year prior to the annual license fee renewal date of 17 one hundred fifty thousand dollars or greater, five thousand 18 dollars. Moneys collected by the commission from the license 19 fees paid under this section shall be considered repayment 20 appropriated receipts as defined in section 8.2 . 21 Sec. 126. Section 99E.5, subsection 4, paragraph c, Code 22 2024, is amended to read as follows: 23 c. Notwithstanding section 8.60 , the The portion of the 24 fee paid pursuant to paragraph “a” relating to the costs of 25 the commission shall be deposited into the gaming regulatory 26 revolving fund established in section 99F.20 . 27 Sec. 127. Section 99E.6, subsection 2, Code 2024, is amended 28 to read as follows: 29 2. The taxes imposed by this section for internet fantasy 30 sports contests authorized under this chapter shall be paid by 31 the internet fantasy sports contest service provider to the 32 treasurer of state as determined by the commission and shall be 33 credited as provided in section 8.57, subsection 6 8.57I . 34 Sec. 128. Section 99F.4, subsections 2 and 27, Code 2024, 35 -74- LSB 5393HZ (3) 90 ns/jh 74/ 102
H.F. 2708 are amended to read as follows: 1 2. To license qualified sponsoring organizations, to 2 license the operators of excursion gambling boats, to identify 3 occupations engaged in the administration, control, and conduct 4 of gambling games and sports wagering which require licensing, 5 and to adopt standards for licensing the occupations including 6 establishing fees for the occupational licenses and licenses 7 for qualified sponsoring organizations. The fees shall be 8 paid to the commission and deposited in the general fund of 9 the state. All revenue received by the commission under 10 this chapter from license fees and regulatory fees shall be 11 deposited in the general fund of the state and shall be subject 12 to the requirements of section 8.60 . 13 27. To adopt standards under which all sports wagering is 14 conducted, including the scope and type of wagers allowed, 15 to identify occupations within sports wagering which require 16 licensing, and to adopt standards for licensing and background 17 qualifications for occupations including establishing fees 18 for the occupational license. All revenue received by the 19 commission under this chapter from license fees shall be 20 deposited in the general fund of the state and shall be subject 21 to the requirements of section 8.60 . All revenue received by 22 the commission from regulatory fees shall be deposited into the 23 gaming regulatory revolving fund established in section 99F.20 . 24 Sec. 129. Section 99F.10, subsection 4, paragraphs b and c, 25 Code 2024, are amended to read as follows: 26 b. Notwithstanding sections 8.60 and section 99F.4 , the 27 portion of the fee paid pursuant to paragraph “a” relating to 28 the costs of special agents and officers plus any direct and 29 indirect support costs for the agents and officers, for the 30 division of criminal investigation’s excursion gambling boat 31 or gambling structure activities, shall be deposited into the 32 gaming enforcement revolving fund established in section 80.43 . 33 However, the department of public safety shall transfer, on an 34 annual basis, the portion of the regulatory fee attributable 35 -75- LSB 5393HZ (3) 90 ns/jh 75/ 102
H.F. 2708 to the indirect support costs of the special agents and gaming 1 enforcement officers to the general fund of the state. 2 c. Notwithstanding sections 8.60 and section 99F.4 , the 3 portion of the fee paid pursuant to paragraph “a” relating to 4 the costs of the commission shall be deposited into the gaming 5 regulatory revolving fund established in section 99F.20 . 6 Sec. 130. Section 99F.11, subsection 5, paragraph b, Code 7 2024, is amended to read as follows: 8 b. The taxes imposed by this subsection for sports wagering 9 authorized under this chapter shall be paid by the licensed 10 operator to the treasurer of state as determined by the 11 commission and shall be credited as provided in section 8.57, 12 subsection 6 8.57I . 13 Sec. 131. Section 99G.39, subsection 6, paragraph a, Code 14 2024, is amended to read as follows: 15 a. Notwithstanding subsection 1 , if gaming revenues under 16 sections 99D.17 and 99F.11 are insufficient in a fiscal year to 17 meet the total amount of such revenues directed to be deposited 18 in the vision Iowa fund during the fiscal year pursuant to 19 section 8.57, subsection 5 , paragraph “e” “f” , the difference 20 shall be paid from lottery revenues prior to deposit of the 21 lottery revenues in the general fund, transfer of lottery 22 revenues to the veterans trust fund as provided in subsection 23 3 , and the transfer of lottery revenues to the public safety 24 survivor benefits fund as provided in subsection 4 . If 25 lottery revenues are insufficient during the fiscal year to pay 26 the difference, the remaining difference shall be paid from 27 lottery revenues prior to deposit of lottery revenues in the 28 general fund, the transfer of lottery revenues to the veterans 29 trust fund as provided in subsection 3 , and the transfer of 30 lottery revenues to the public safety survivor benefits fund 31 as provided in subsection 4 in subsequent fiscal years as such 32 revenues become available. 33 Sec. 132. Section 100B.4, subsection 2, Code 2024, is 34 amended to read as follows: 35 -76- LSB 5393HZ (3) 90 ns/jh 76/ 102
H.F. 2708 2. Notwithstanding section 8.33 , repayment appropriated 1 receipts , as defined in section 8.2, collected by the division 2 of state fire marshal for the fire service training bureau 3 that remain unencumbered or unobligated at the close of the 4 fiscal year shall not revert but shall remain available for 5 expenditure for the purposes designated until the close of the 6 succeeding fiscal year. 7 Sec. 133. Section 100C.9, subsection 1, Code 2024, is 8 amended to read as follows: 9 1. All fees assessed pursuant to this chapter shall be 10 retained as repayment appropriated receipts , as defined in 11 section 8.2, by the department and such fees received shall 12 be used exclusively to offset the costs of administering this 13 chapter . 14 Sec. 134. Section 100D.7, subsection 2, Code 2024, is 15 amended to read as follows: 16 2. All fees assessed pursuant to this chapter shall be 17 retained as repayment appropriated receipts , as defined in 18 section 8.2, by the department and such fees received shall 19 be used exclusively to offset the costs of administering this 20 chapter . 21 Sec. 135. Section 123.17, subsection 3, Code 2024, is 22 amended to read as follows: 23 3. Notwithstanding subsection 2 , if gaming revenues under 24 sections 99D.17 and 99F.11 are insufficient in a fiscal year to 25 meet the total amount of such revenues directed to be deposited 26 in the revenue bonds debt service fund and the revenue bonds 27 federal subsidy holdback fund during the fiscal year pursuant 28 to section 8.57, subsection 5 , paragraph “e” “f” , the difference 29 shall be paid from moneys deposited in the beer and liquor 30 control fund prior to transfer of such moneys to the general 31 fund pursuant to subsection 2 and prior to the transfer of such 32 moneys pursuant to subsections 5 and 6 . If moneys deposited in 33 the beer and liquor control fund are insufficient during the 34 fiscal year to pay the difference, the remaining difference 35 -77- LSB 5393HZ (3) 90 ns/jh 77/ 102
H.F. 2708 shall be paid from moneys deposited in the beer and liquor 1 control fund in subsequent fiscal years as such moneys become 2 available. 3 Sec. 136. Section 124.553, subsection 6, Code 2024, is 4 amended to read as follows: 5 6. The board shall not charge a fee to a pharmacy, 6 pharmacist, veterinarian, or prescribing practitioner for the 7 establishment, maintenance, or administration of the program, 8 including costs for forms required to submit information to or 9 access information from the program, except that the board may 10 charge a fee to an individual who requests the individual’s own 11 program information. A fee charged pursuant to this subsection 12 shall not exceed the actual cost of providing the requested 13 information and shall be considered a repayment receipt 14 appropriated receipts as defined in section 8.2 . 15 Sec. 137. Section 124E.10, Code 2024, is amended to read as 16 follows: 17 124E.10 Fees. 18 All fees collected by the department under this chapter 19 shall be retained by the department for operation of the 20 medical cannabidiol registration card program and the medical 21 cannabidiol manufacturer and medical cannabidiol dispensary 22 licensing programs. The moneys retained by the department 23 shall be considered repayment appropriated receipts as defined 24 in section 8.2 and shall be used for any of the department’s 25 duties under this chapter , including but not limited to the 26 addition of full-time equivalent positions for program services 27 and investigations. Notwithstanding section 8.33 , moneys 28 retained by the department pursuant to this section shall 29 not revert to the general fund of the state but shall remain 30 available for expenditure only for the purposes specified in 31 this section . 32 Sec. 138. Section 124E.19, subsection 1, paragraph b, Code 33 2024, is amended to read as follows: 34 b. The department shall charge an applicant for a medical 35 -78- LSB 5393HZ (3) 90 ns/jh 78/ 102
H.F. 2708 cannabidiol manufacturer license or a medical cannabidiol 1 dispensary license a fee determined by the department of public 2 safety and adopted by the department by rule to defray the 3 costs associated with background investigations conducted 4 pursuant to the requirements of this section . The fee shall 5 be in addition to any other fees charged by the department. 6 The fee may be retained by the department of public safety and 7 shall be considered repayment appropriated receipts as defined 8 in section 8.2 . 9 Sec. 139. Section 135C.7, subsection 2, Code 2024, is 10 amended to read as follows: 11 2. In addition to the license fees listed in this section , 12 there shall be an annual assessment assessed to each licensee 13 in an amount to cover the cost of independent reviewers 14 provided pursuant to section 135C.42 . The department shall, in 15 consultation with licensees, establish the assessment amount 16 by rule based on the award of a request for proposals. The 17 assessment shall be retained by the department as a repayment 18 receipt appropriated receipts as defined in section 8.2 and 19 used for the purpose of paying the cost of the independent 20 reviewers. 21 Sec. 140. Section 135Q.2, subsection 1, Code 2024, is 22 amended to read as follows: 23 1. A health care employment agency operating in the state 24 shall register annually with the department. Each separate 25 location of a health care employment agency shall register 26 annually with and pay an annual registration fee of five 27 hundred dollars to the department. The department shall issue 28 each location a separate certification of registration upon 29 approval of registration and payment of the fee. The annual 30 registration fees shall be retained by the department as 31 repayment appropriated receipts as defined in section 8.2 . 32 Sec. 141. Section 135R.3, subsection 4, Code 2024, is 33 amended to read as follows: 34 4. The fees collected under this section shall be considered 35 -79- LSB 5393HZ (3) 90 ns/jh 79/ 102
H.F. 2708 repayment appropriated receipts as defined in section 8.2 and 1 shall be used by the department to administer this chapter . 2 Sec. 142. Section 136C.10, subsection 4, Code 2024, is 3 amended to read as follows: 4 4. Fees collected pursuant to this section shall be retained 5 by the department, shall be considered repayment appropriated 6 receipts as defined in section 8.2 , and shall be used for the 7 purposes described in this section , including but not limited 8 to the addition of full-time equivalent positions for program 9 services and investigations. Notwithstanding section 8.33 , 10 moneys retained by the department pursuant to this subsection 11 are not subject to reversion to the general fund of the state. 12 Sec. 143. Section 147A.6, subsection 1, Code 2024, is 13 amended to read as follows: 14 1. The department, upon initial application and receipt 15 of the prescribed initial application fee, shall issue 16 a certificate to an individual who has met all of the 17 requirements for emergency medical care provider certification 18 established by the rules adopted under section 147A.4, 19 subsection 2 . All fees received pursuant to this section shall 20 be retained by the department. The moneys retained by the 21 department shall be used for any of the department’s duties 22 under this chapter , including but not limited to the addition 23 of full-time equivalent positions for program services and 24 investigations. Revenues retained by the department pursuant 25 to this section shall be considered repayment appropriated 26 receipts as defined in section 8.2 . Notwithstanding section 27 8.33 , moneys retained by the department pursuant to this 28 section are not subject to reversion to the general fund of the 29 state. 30 Sec. 144. Section 155A.40, subsection 2, Code 2024, is 31 amended to read as follows: 32 2. A request for criminal history data shall be submitted 33 to the department of public safety, division of criminal 34 investigation, pursuant to section 692.2, subsection 1 . 35 -80- LSB 5393HZ (3) 90 ns/jh 80/ 102
H.F. 2708 The board may also require such applicants, licensees, and 1 registrants to provide a full set of fingerprints, in a form 2 and manner prescribed by the board. Such fingerprints may 3 be submitted to the federal bureau of investigation through 4 the state criminal history repository for a national criminal 5 history check. The board may authorize alternate methods or 6 sources for obtaining criminal history record information. The 7 board may, in addition to any other fees, charge and collect 8 such amounts as may be incurred by the board, the department 9 of public safety, or the federal bureau of investigation in 10 obtaining criminal history information. Amounts collected 11 shall be considered repayment appropriated receipts as defined 12 in section 8.2 . 13 Sec. 145. Section 162.2B, subsection 2, Code 2024, is 14 amended to read as follows: 15 2. The department shall retain all fees that it collects 16 under this section for the exclusive purpose of administering 17 and enforcing the provisions of this chapter . The fees shall 18 be considered repayment appropriated receipts as defined in 19 section 8.2 . The general assembly shall appropriate moneys 20 to the department each state fiscal year necessary for the 21 administration and enforcement of this chapter . 22 Sec. 146. Section 192.111, subsection 3, Code 2024, is 23 amended to read as follows: 24 3. Fees collected under this section and section 194.20 25 shall be deposited in the general fund of the state. All 26 moneys deposited under this section are appropriated to the 27 department for the costs of inspection, sampling, analysis, and 28 other expenses necessary for the administration of this chapter 29 and chapter 194 , and shall be subject to the requirements of 30 section 8.60 . 31 Sec. 147. Section 198.9, subsection 3, Code 2024, is amended 32 to read as follows: 33 3. Fees collected shall be deposited in the general fund of 34 the state and shall be subject to the requirements of section 35 -81- LSB 5393HZ (3) 90 ns/jh 81/ 102
H.F. 2708 8.60 . Moneys deposited under this section shall be used for 1 the payment of the costs of inspection, sampling, analysis, 2 supportive research, and other expenses necessary for the 3 administration of this chapter . 4 Sec. 148. Section 200.9, Code 2024, is amended to read as 5 follows: 6 200.9 Fertilizer fees. 7 Fees collected for licenses and inspection fees under 8 sections 200.4 and 200.8 , with the exception of those fees 9 collected for deposit in the agriculture management account 10 of the groundwater protection fund, shall be deposited 11 in the general fund of the state and shall be subject to 12 the requirements of section 8.60 . Moneys deposited under 13 this section to the general fund shall be used only by the 14 department for the purpose of inspection, sampling, analysis, 15 preparation, and publishing of reports and other expenses 16 necessary for administration of this chapter . The secretary 17 may assign moneys to the Iowa agricultural experiment station 18 for research, work projects, and investigations as needed for 19 the specific purpose of improving the regulatory functions for 20 enforcement of this chapter . 21 Sec. 149. Section 201A.11, Code 2024, is amended to read as 22 follows: 23 201A.11 Fees and appropriation. 24 Fees collected under this chapter shall be deposited 25 in the general fund of the state and shall be subject to 26 the requirements of section 8.60 . Moneys deposited under 27 this section to the general fund shall be used only by the 28 department for the purpose of administering and enforcing the 29 provisions of this chapter , including inspection, sampling, 30 analysis, and the preparation and publishing of reports. 31 Sec. 150. Section 203.9, subsection 3, Code 2024, is amended 32 to read as follows: 33 3. A grain dealer shall keep complete and accurate records. 34 A grain dealer shall keep records for the previous six years. 35 -82- LSB 5393HZ (3) 90 ns/jh 82/ 102
H.F. 2708 If the grain dealer’s records are incomplete or inaccurate, 1 the department may reconstruct the grain dealer’s records in 2 order to determine whether the grain dealer is in compliance 3 with the provisions of this chapter . The department may 4 charge the grain dealer the actual cost for reconstructing the 5 grain dealer’s records, which shall be considered repayment 6 appropriated receipts as defined in section 8.2 . 7 Sec. 151. Section 203C.2, subsection 5, Code 2024, is 8 amended to read as follows: 9 5. Moneys received by the department in administering this 10 section shall be considered repayment appropriated receipts as 11 defined in section 8.2 . 12 Sec. 152. Section 204.4, subsection 2, paragraph e, Code 13 2024, is amended to read as follows: 14 e. The results of a national criminal history record check 15 of an applicant as may be required by the department. The 16 department shall inform an applicant if a national criminal 17 history record check will be conducted. If a national criminal 18 history record check is conducted, the applicant shall 19 provide the applicant’s fingerprints to the department. The 20 department shall provide the fingerprints to the department 21 of public safety for submission through the state criminal 22 history repository to the federal bureau of investigation. The 23 applicant shall pay the actual cost of conducting any national 24 criminal history record check to the department of agriculture 25 and land stewardship. The department shall pay the actual cost 26 of conducting the national criminal history record check to 27 the department of public safety from moneys deposited in the 28 hemp fund pursuant to section 204.6 . The department of public 29 safety shall treat such payments as repayment appropriated 30 receipts as defined in section 8.2 . The results of the 31 national criminal history check shall not be considered a 32 public record under chapter 22 . 33 Sec. 153. Section 206.12, subsection 3, Code 2024, is 34 amended to read as follows: 35 -83- LSB 5393HZ (3) 90 ns/jh 83/ 102
H.F. 2708 3. The registrant, before selling or offering for sale any 1 pesticide for use in this state, shall register each brand and 2 grade of such pesticide with the secretary upon forms furnished 3 by the secretary. The secretary shall set the registration 4 fee annually at three hundred dollars for each and every brand 5 and grade to be offered for sale in this state. The secretary 6 shall adopt by rule exemptions to the fee. Fifty dollars of 7 each fee collected shall be deposited in the general fund of 8 the state , shall be subject to the requirements of section 9 8.60 , and shall be used only for the purpose of enforcing 10 the provisions of this chapter . The remainder of each fee 11 collected shall be deposited in the agriculture management 12 account of the groundwater protection fund created in section 13 455E.11 . 14 Sec. 154. Section 215A.9, subsection 2, Code 2024, is 15 amended to read as follows: 16 2. A fee of fifteen dollars shall be charged for each device 17 subject to reinspection under section 215A.5 . All moneys 18 received by the department under the provisions of this chapter 19 shall be handled in the same manner as “repayment receipts” 20 appropriated receipts as defined in chapter 8 section 8.2 , and 21 shall be used for the administration and enforcement of the 22 provisions of this chapter . 23 Sec. 155. Section 222.92, subsection 3, unnumbered 24 paragraph 1, Code 2024, is amended to read as follows: 25 Subject to the approval of the department, except for 26 revenues segregated as provided in section 249A.11 , revenues 27 received that are attributed to a state resource center for a 28 fiscal year shall be credited to the state resource center’s 29 account and shall be considered repayment appropriated receipts 30 as defined in section 8.2 , including but not limited to all of 31 the following: 32 Sec. 156. Section 222.92, subsection 4, Code 2024, is 33 amended by striking the subsection. 34 Sec. 157. Section 226.9B, subsection 2, unnumbered 35 -84- LSB 5393HZ (3) 90 ns/jh 84/ 102
H.F. 2708 paragraph 1, Code 2024, is amended to read as follows: 1 Revenues received that are attributed to the psychiatric 2 medical institution for children beds during a fiscal year 3 shall be credited to the mental health institute’s account 4 and shall be considered repayment appropriated receipts as 5 defined in section 8.2 , including but not limited to all of the 6 following: 7 Sec. 158. Section 232D.307, subsection 3, Code 2024, is 8 amended to read as follows: 9 3. The judicial branch in conjunction with the department of 10 public safety, the department of health and human services, and 11 the state chief information officer department of management 12 shall establish procedures for electronic access to the single 13 contact repository necessary to conduct background checks 14 requested under subsection 1 . 15 Sec. 159. Section 252B.4, subsection 3, Code 2024, is 16 amended to read as follows: 17 3. Fees collected pursuant to this section shall be 18 considered repayment appropriated receipts, as defined in 19 section 8.2 , and shall be used for the purposes of child 20 support services. The director or a designee shall keep an 21 accurate record of the fees collected and expended. 22 Sec. 160. Section 252B.5, subsection 13, paragraph b, Code 23 2024, is amended to read as follows: 24 b. Fees collected pursuant to this subsection shall be 25 considered repayment appropriated receipts as defined in 26 section 8.2 , and shall be used for the purposes of child 27 support services. The director shall maintain an accurate 28 record of the fees collected and expended under this 29 subsection . 30 Sec. 161. Section 252B.23, subsection 11, Code 2024, is 31 amended to read as follows: 32 11. All surcharge payments shall be received and disbursed 33 by the collection services center. The surcharge payments 34 received by the collection services center shall be considered 35 -85- LSB 5393HZ (3) 90 ns/jh 85/ 102
H.F. 2708 repayment appropriated receipts as defined in section 8.2 1 and shall be used to pay the costs of any contracts with a 2 collection entity. 3 Sec. 162. Section 262.9, subsection 19, paragraph b, Code 4 2024, is amended to read as follows: 5 b. Authorize, at its discretion, each institution of higher 6 education to retain the student fees and charges it collects to 7 further the institution’s purposes as authorized by the board. 8 Notwithstanding any provision to the contrary, student fees and 9 charges, as defined in section 262A.2 , shall not be considered 10 repayment appropriated receipts as defined in section 8.2 . 11 Sec. 163. Section 262.9B, subsections 1, 3, and 4, Code 12 2024, are amended to read as follows: 13 1. Overview. The state board of regents for institutions 14 under its control shall coordinate interagency cooperation with 15 state agencies, as defined in section 8A.101 , in the area of 16 purchasing and information technology with the goal of annually 17 increasing the amount of joint purchasing. The board and the 18 institutions under the control of the board shall engage the 19 department of administrative services, the chief information 20 officer of the state department of management , and other 21 state agencies authorized to purchase goods and services in 22 pursuing mutually beneficial activities relating to purchasing 23 items and acquiring information technology. The board and 24 the institutions shall explore ways to leverage resources, 25 identify cost savings, implement efficiencies, and improve 26 effectiveness without compromising the mission of the board and 27 the institutions under the control of the board relative to 28 students and research commitments. 29 3. Information technology. 30 a. The board shall direct institutions under its control 31 to cooperate with the chief information officer of the state 32 department of management in efforts to cooperatively obtain 33 information technology and related services that result in 34 mutual cost savings and efficiency improvements, and shall 35 -86- LSB 5393HZ (3) 90 ns/jh 86/ 102
H.F. 2708 seek input from the chief information officer of the state 1 department of management regarding specific areas of potential 2 cooperation between the institutions under the control of 3 the board and the office of the chief information officer 4 department of management . 5 b. The board shall convene at least quarterly an interagency 6 information technology group meeting including the institutions 7 under its control, the state chief information officer 8 department of management and any other agency authorized to 9 purchase goods and services, for purposes of timely cooperation 10 in obtaining information technology and related services. 11 4. Cooperative purchasing plan. The board shall, before 12 July 1 of each year, prepare a plan that identifies specific 13 areas of cooperation between the institutions under its 14 control, the department of administrative services, and the 15 chief information officer of the state department of management 16 that will be addressed for the next fiscal year including 17 timelines for implementing, analyzing, and evaluating each of 18 the areas of cooperation. The plan shall also identify the 19 potential for greater interinstitutional cooperation in areas 20 that would result in a net cost savings. 21 Sec. 164. Section 272C.6, subsection 6, paragraph b, Code 22 2024, is amended to read as follows: 23 b. The department of agriculture and land stewardship, the 24 department of insurance and financial services, the department 25 of inspections, appeals, and licensing, and the department 26 of health and human services shall each adopt rules pursuant 27 to chapter 17A which provide for the allocation of fees and 28 costs collected pursuant to this section to the board under its 29 jurisdiction collecting the fees and costs. The fees and costs 30 shall be considered repayment appropriated receipts as defined 31 in section 8.2 . 32 Sec. 165. Section 321.52, subsection 4, paragraph d, Code 33 2024, is amended to read as follows: 34 d. A salvage theft examination shall be made by a peace 35 -87- LSB 5393HZ (3) 90 ns/jh 87/ 102
H.F. 2708 officer who has been specially certified and recertified when 1 required by the Iowa law enforcement academy to do salvage 2 theft examinations. The Iowa law enforcement academy shall 3 determine standards for training and certification, conduct 4 training, and may approve alternative training programs 5 which satisfy the academy’s standards for training and 6 certification. The owner of the salvage vehicle shall make 7 the vehicle available for examination at a time and location 8 designated by the peace officer doing the examination. The 9 owner may obtain a permit to drive the vehicle to and from the 10 examination location by submitting a repair affidavit to the 11 agency performing the examination stating that the vehicle is 12 reasonably safe for operation and listing the repairs which 13 have been made to the vehicle. The owner must be present 14 for the examination and have available for inspection the 15 salvage title, bills of sale for all essential parts changed, 16 if applicable, and the repair affidavit. The examination 17 shall be for the purposes of determining whether the vehicle 18 or repair components have been stolen. The examination is not 19 a safety inspection and a signed salvage theft examination 20 certificate shall not be construed by any court of law to be a 21 certification that the vehicle is safe to be operated. There 22 shall be no cause of action against the peace officer or the 23 agency conducting the examination or the county treasurer 24 for failure to discover or note safety defects. If the 25 vehicle passes the theft examination, the peace officer shall 26 indicate that the vehicle passed examination on the salvage 27 theft examination certificate. The permit and salvage theft 28 examination certificate shall be on controlled forms prescribed 29 and furnished by the department. The owner shall pay a fee 30 of fifty dollars at the time the examination is scheduled. 31 The agency performing the examinations shall retain forty 32 dollars of the fee and shall pay five dollars of the fee to 33 the department and five dollars of the fee to the treasurer of 34 state for deposit in the general fund of the state. Moneys 35 -88- LSB 5393HZ (3) 90 ns/jh 88/ 102
H.F. 2708 deposited to the general fund under this paragraph are subject 1 to the requirements of section 8.60 and shall be used by 2 the Iowa law enforcement academy to provide for the special 3 training, certification, and recertification of officers as 4 required by this subsection . 5 Sec. 166. Section 321.491, subsection 2, paragraph b, Code 6 2024, is amended to read as follows: 7 b. A certified abstract of the record of the case prepared 8 for the department shall only be available to the public 9 from the department. A noncertified record of conviction 10 or forfeiture of bail shall be available to the public from 11 the judicial branch. The clerk of the district court shall 12 collect a fee of fifty cents for each noncertified copy of 13 any record of conviction or forfeiture of bail furnished to 14 any requester except the department or other local, state, 15 or federal government entity. Moneys collected under this 16 section shall be transferred to the department as a repayment 17 receipt appropriated receipts , as defined in section 8.2 , to 18 enhance the efficiency of the department to process records 19 and information between the department and the Iowa court 20 information system. 21 Sec. 167. Section 321A.3, subsection 1, Code 2024, is 22 amended to read as follows: 23 1. The department of transportation shall upon request 24 furnish any person a certified abstract of the operating record 25 of a person subject to chapter 321 or 321J , or this chapter . 26 The abstract shall also fully designate the motor vehicles, 27 if any, registered in the name of the person. If there is 28 no record of a conviction of the person having violated 29 any law relating to the operation of a motor vehicle or of 30 any injury or damage caused by the person, the department 31 of transportation shall so certify. A fee of five dollars 32 and fifty cents shall be paid for each abstract except for 33 abstracts requested by state, county, or city officials, court 34 officials, public transit officials, or other officials of a 35 -89- LSB 5393HZ (3) 90 ns/jh 89/ 102
H.F. 2708 political subdivision of the state or a nonprofit charitable 1 organization described in section 501(c)(3) of the Internal 2 Revenue Code. Except for any additional access fee collected 3 under subsection 7 , the department of transportation shall 4 transfer the moneys collected under this section to the 5 treasurer of state who shall credit to the general fund all 6 moneys collected. If a fee established in this subsection 7 is collected by the office of the chief information officer, 8 created in section 8B.2 , department of management for a record 9 furnished through an electronic portal maintained by the office 10 of the chief information officer department of management , 11 the office of the chief information officer department of 12 management shall transfer the moneys collected under this 13 subsection to the treasurer of state who shall credit the 14 moneys to the general fund. 15 Sec. 168. Section 325A.5, Code 2024, is amended to read as 16 follows: 17 325A.5 Fees —— credited to road use tax fund —— seminar 18 receipts. 19 All fees received for applications and permits or 20 certificates under this chapter shall be remitted to the 21 treasurer of state and credited to the road use tax fund. 22 All fees collected for the motor carrier safety education 23 seminar shall be considered a repayment receipt appropriated 24 receipts as defined in section 8.2 , and shall be remitted to 25 the department to be used to pay for the seminars. 26 Sec. 169. Section 421.17, subsection 2, paragraph d, Code 27 2024, is amended to read as follows: 28 d. To facilitate uniformity and equalization of assessments 29 throughout the state of Iowa and to facilitate transfers of 30 funds to local governments, the director of the department 31 of revenue may use geographic information system technology 32 and may require assessing authorities and local governments 33 that have adopted compatible technology to provide information 34 to the department of revenue electronically using electronic 35 -90- LSB 5393HZ (3) 90 ns/jh 90/ 102
H.F. 2708 geographic information system file formats. The department of 1 revenue shall act on behalf of political subdivisions and the 2 state to deliver a consolidated response to the boundary and 3 annexation survey and provide legal boundary geography data to 4 the United States census bureau. The department of revenue 5 shall coordinate with political subdivisions and the state to 6 ensure that consistent, accurate, and integrated geography is 7 provided to the United States census bureau. The office of 8 the chief information officer department of management shall 9 provide geographic information system and technical support to 10 the department of revenue to facilitate the exchange. 11 Sec. 170. Section 421.17, subsection 27, paragraph j, Code 12 2024, is amended to read as follows: 13 j. Of the amount of debt actually collected pursuant to 14 this subsection an amount, not to exceed the amount collected, 15 which is sufficient to pay for salaries, support, maintenance, 16 services, and other costs incurred by the department related 17 to the administration of this subsection shall be retained by 18 the department. Revenues retained by the department pursuant 19 to this section shall be considered repayment appropriated 20 receipts as defined in section 8.2 . The director shall, in 21 the annual budget request pursuant to section 8.23 , make an 22 estimate as to the amount of receipts to be retained and the 23 estimated amount of additional receipts to be collected. The 24 director shall report annually to the department of management, 25 the legislative fiscal committee, and the legislative services 26 agency on any additional positions added and the costs incurred 27 during the previous fiscal year pursuant to this subsection . 28 Sec. 171. Section 423.2A, subsection 3, Code 2024, is 29 amended to read as follows: 30 3. Of the amount of sales tax revenue actually transferred 31 per quarter pursuant to subsection 2 , paragraphs “e” and “f” , 32 the department shall retain an amount equal to the actual cost 33 of administering the transfers under subsection 2 , paragraphs 34 “e” and “f” , or twenty-five thousand dollars, whichever is 35 -91- LSB 5393HZ (3) 90 ns/jh 91/ 102
H.F. 2708 less. The amount retained by the department pursuant to this 1 subsection shall be divided pro rata each quarter between 2 the amounts that would have been transferred pursuant to 3 subsection 2 , paragraphs “e” and “f” , without the deduction 4 made by operation of this subsection . Revenues retained by 5 the department pursuant to this subsection shall be considered 6 repayment appropriated receipts as defined in section 8.2 . 7 Sec. 172. Section 426B.1, subsection 1, Code 2024, is 8 amended to read as follows: 9 1. A property tax relief fund is created in the state 10 treasury under the authority of the department of health 11 and human services. The fund shall be separate from the 12 general fund of the state and shall not be considered part 13 of the general fund of the state except in determining the 14 cash position of the state for payment of state obligations. 15 The moneys in the fund are not subject to the provisions of 16 section 8.33 and shall not be transferred, used, obligated, 17 appropriated, or otherwise encumbered except as provided in 18 this chapter . Moneys in the fund may be used for cash flow 19 purposes, provided that any moneys so allocated are returned 20 to the fund by the end of each fiscal year. However, the 21 fund shall be considered a special account for the purposes 22 of section 8.53 , relating to elimination of any GAAP deficit. 23 For the purposes of this chapter , unless the context otherwise 24 requires, “property tax relief fund” means the property tax 25 relief fund created in this section . 26 Sec. 173. Section 427.1, subsection 40, paragraph a, Code 27 2024, is amended to read as follows: 28 a. The owner of broadband infrastructure shall be entitled 29 to an exemption from taxation to the extent provided in this 30 subsection for assessment years beginning before January 1, 31 2027. Unless the context otherwise requires, the words and 32 phrases used in this subsection shall have the same meaning 33 as the words and phrases used in chapter 8B 8, subchapter XI , 34 including but not limited to the words and phrases defined in 35 -92- LSB 5393HZ (3) 90 ns/jh 92/ 102
H.F. 2708 section 8B.1 . 1 Sec. 174. Section 427.1, subsection 40, paragraph f, 2 subparagraph (1), subparagraph division (d), Code 2024, is 3 amended to read as follows: 4 (d) Certification from the office of the chief information 5 officer department of management that the installation will 6 facilitate broadband service in a targeted service area at 7 or above the download and upload speeds specified in the 8 definition of targeted service area in section 8B.1 in a 9 targeted service area . 10 Sec. 175. Section 427.1, subsection 40, paragraph f, 11 subparagraphs (2) and (7), Code 2024, are amended to read as 12 follows: 13 (2) The department of revenue and the board of supervisors 14 shall not approve applications that are missing any of the 15 information or documentation required in subparagraph (1). The 16 department of revenue or the board of supervisors may consult 17 with the office of the chief information officer department of 18 management to access additional information needed to review 19 an application. 20 (7) At any time after the exemption is granted and the 21 broadband service is available in a targeted service area, 22 the department of revenue or the board of supervisors, as 23 applicable, under the direction of the office of the chief 24 information officer department of management , may require the 25 property owner receiving the exemption to substantiate that the 26 owner continues to provide the service described in paragraph 27 “b” . If the department of revenue or the board of supervisors 28 determines that the property owner no longer provides the 29 service described in paragraph “b” , the department of revenue or 30 the board of supervisors shall revoke the exemption. An owner 31 may appeal the decision to revoke the exemption in the same 32 manner as provided in subparagraphs (5) and (6), as applicable. 33 Sec. 176. Section 453A.35A, subsection 1, Code 2024, is 34 amended to read as follows: 35 -93- LSB 5393HZ (3) 90 ns/jh 93/ 102
H.F. 2708 1. A health care trust fund is created in the office of 1 the treasurer of state. The fund consists of the revenues 2 generated from the tax on cigarettes pursuant to section 3 453A.6, subsection 1 , and from the tax on tobacco products 4 as specified in section 453A.43, subsections 1, 2, 3, and 4 , 5 that are credited to the health care trust fund, annually, 6 pursuant to section 453A.35 . Moneys in the fund shall be 7 separate from the general fund of the state and shall not be 8 considered part of the general fund of the state. However, the 9 fund shall be considered a special account for the purposes 10 of section 8.53 relating to generally accepted accounting 11 principles. Moneys in the fund shall be used only as specified 12 in this section and shall be appropriated only for the uses 13 specified. Moneys in the fund are not subject to section 8.33 14 and shall not be transferred, used, obligated, appropriated, 15 or otherwise encumbered, except as provided in this section . 16 Notwithstanding section 12C.7, subsection 2 , interest or 17 earnings on moneys deposited in the fund shall be credited to 18 the fund. 19 Sec. 177. Section 461A.79, subsection 4, Code 2024, is 20 amended to read as follows: 21 4. Moneys available to be expended for purposes of this 22 section for public outdoor recreation and resources shall be 23 credited to or deposited to the general fund of the state and 24 appropriations made for purposes of this section shall be 25 allocated as provided in this section . Moneys credited to or 26 deposited to the general fund of the state pursuant to this 27 subsection are subject to the requirements of section 8.60 . 28 Sec. 178. Section 473.19A, subsection 2, paragraph a, Code 29 2024, is amended to read as follows: 30 a. Any moneys awarded or allocated to the state, its 31 citizens, or its political subdivisions as a result of the 32 federal court decisions and United States department of energy 33 settlements resulting from alleged violations of federal 34 petroleum pricing regulations attributable to or contained 35 -94- LSB 5393HZ (3) 90 ns/jh 94/ 102
H.F. 2708 within the Exxon fund. Amounts remaining in the oil overcharge 1 account established in section 455E.11, subsection 2 , paragraph 2 “e” , Code 2007, and the energy conservation trust established 3 in section 473.11 , Code 2007, as of June 30, 2008, shall be 4 deposited into the building energy management fund pursuant to 5 this paragraph, notwithstanding section 8.60, subsection 15, 6 Code 2007 . 7 Sec. 179. Section 475A.6, subsection 3, Code 2024, is 8 amended to read as follows: 9 3. The office of consumer advocate may expend additional 10 funds, including funds for outside consultants, if those 11 additional expenditures are actual expenses which exceed 12 the funds budgeted for the performance of the advocate’s 13 duties. Before the office expends or encumbers an amount in 14 excess of the funds budgeted, the director of the department 15 of management shall approve the expenditure or encumbrance. 16 Before approval is given, the director of the department of 17 management shall determine that the expenses exceed the funds 18 budgeted by the general assembly to the office of consumer 19 advocate and that the office does not have other funds from 20 which such expenses can be paid. Upon approval of the director 21 of the department of management, the office may expend and 22 encumber funds for excess expenses. The amounts necessary 23 to fund the excess expenses shall be collected from those 24 utilities or persons which caused the excess expenditures, and 25 the collections shall be treated as repayment appropriated 26 receipts as defined in section 8.2 , subsection 8 . 27 Sec. 180. Section 477C.7, subsection 2, Code 2024, is 28 amended to read as follows: 29 2. The entities subject to assessment shall remit the 30 assessed amounts, as determined by the board, to a special 31 revenue fund, as defined under section 8.2 , subsection 9 . The 32 moneys in the fund are appropriated solely to plan, establish, 33 administer, and promote the relay service and equipment 34 distribution programs. 35 -95- LSB 5393HZ (3) 90 ns/jh 95/ 102
H.F. 2708 Sec. 181. Section 505.7, subsection 7, Code 2024, is amended 1 to read as follows: 2 7. The insurance division shall, by January 15 of each 3 year, prepare estimates of projected receipts, refunds, and 4 reimbursements to be generated by the examinations function 5 of the division during the calendar year in which the report 6 is due, and such receipts, refunds, and reimbursements shall 7 be treated in the same manner as repayment appropriated 8 receipts, as defined in section 8.2, subsection 8, and shall be 9 available to the division to pay the expenses of the division’s 10 examination function. 11 Sec. 182. Section 523A.501, subsection 3, paragraph b, Code 12 2024, is amended to read as follows: 13 b. A request for criminal history data shall be submitted 14 to the department of public safety, division of criminal 15 investigation, pursuant to section 692.2, subsection 1 . The 16 commissioner may also require such applicants or licensees 17 to provide a full set of fingerprints, in a form and manner 18 prescribed by the commissioner. Such fingerprints may be 19 submitted to the federal bureau of investigation through the 20 state criminal history repository for a national criminal 21 history check. The commissioner may authorize alternate 22 methods or sources for obtaining criminal history record 23 information. The commissioner may, in addition to any other 24 fees, charge and collect such amounts as may be incurred by 25 the commissioner, the department of public safety, or the 26 federal bureau of investigation in obtaining criminal history 27 information. Amounts collected shall be considered repayment 28 appropriated receipts as defined in section 8.2 . 29 Sec. 183. Section 523A.502, subsection 4, paragraph b, Code 30 2024, is amended to read as follows: 31 b. A request for criminal history data shall be submitted 32 to the department of public safety, division of criminal 33 investigation, pursuant to section 692.2, subsection 1 . The 34 commissioner may also require such applicants or licensees, 35 -96- LSB 5393HZ (3) 90 ns/jh 96/ 102
H.F. 2708 to provide a full set of fingerprints, in a form and manner 1 prescribed by the commissioner. Such fingerprints may be 2 submitted to the federal bureau of investigation through the 3 state criminal history repository for a national criminal 4 history check. The commissioner may authorize alternate 5 methods or sources for obtaining criminal history record 6 information. The commissioner may, in addition to any other 7 fees, charge and collect such amounts as may be incurred by 8 the commissioner, the department of public safety, or the 9 federal bureau of investigation in obtaining criminal history 10 information. Amounts collected shall be considered repayment 11 appropriated receipts as defined in section 8.2 . 12 Sec. 184. Section 524.207, subsection 4, Code 2024, is 13 amended to read as follows: 14 4. The banking division may expend additional funds, 15 including funds for additional personnel, if those additional 16 expenditures are actual expenses which exceed the funds 17 budgeted for bank or licensee examinations or investigations 18 and directly result from examinations or investigations of 19 banks or licensees. The amounts necessary to fund the excess 20 examination or investigation expenses shall be collected from 21 banks and licensees being regulated, and the collections shall 22 be treated as repayment appropriated receipts as defined 23 in section 8.2 . The division shall notify in writing the 24 legislative services agency and the department of management 25 when hiring additional personnel. The written notification 26 shall include documentation that any additional expenditure 27 related to such hiring will be totally reimbursed as provided 28 in section 546.12, subsection 2 , and shall also include 29 the division’s justification for hiring such personnel. 30 The division must obtain the approval of the department of 31 management only if the number of additional personnel to be 32 hired exceeds the number of full-time equivalent positions 33 authorized by the general assembly. 34 Sec. 185. Section 524.901, subsection 7, paragraph c, 35 -97- LSB 5393HZ (3) 90 ns/jh 97/ 102
H.F. 2708 subparagraph (2), subparagraph division (a), Code 2024, is 1 amended to read as follows: 2 (a) A targeted service area as defined in section 8B.1 , 3 subsection 13 . 4 Sec. 186. Section 533.111, subsection 3, paragraph a, Code 5 2024, is amended to read as follows: 6 a. The amounts necessary to fund the excess examination 7 expenses shall be collected from state credit unions being 8 regulated, and the collections shall be treated as repayment 9 appropriated receipts as defined in section 8.2 . 10 Sec. 187. Section 543D.22, subsection 5, Code 2024, is 11 amended to read as follows: 12 5. The board may, in addition to any other fees, charge 13 and collect such amounts as may be incurred by the board, the 14 department of public safety, or federal bureau of investigation 15 in obtaining criminal history information. Amounts collected 16 shall be considered repayment appropriated receipts as defined 17 in section 8.2 , subsection 8 . 18 Sec. 188. Section 543E.20, subsection 5, paragraph d, Code 19 2024, is amended to read as follows: 20 d. The director may, in addition to any other fees, charge 21 and collect such amounts as may be incurred by the director, 22 the department of public safety, or the federal bureau of 23 investigation in obtaining criminal history information. 24 Amounts collected shall be considered repayment appropriated 25 receipts as defined in section 8.2 . 26 Sec. 189. Section 556.18, subsection 3, Code 2024, is 27 amended to read as follows: 28 3. The treasurer of state shall annually credit all moneys 29 received under section 556.4 to the general fund of the state. 30 Moneys credited to the general fund of the state pursuant to 31 this subsection are subject to the requirements of subsections 32 1 and 2 and section 8.60 . 33 Sec. 190. Section 633.564, subsection 3, Code 2024, is 34 amended to read as follows: 35 -98- LSB 5393HZ (3) 90 ns/jh 98/ 102
H.F. 2708 3. The judicial branch, in conjunction with the department 1 of public safety, the department of health and human services, 2 and the state chief information officer department of 3 management , shall establish procedures for electronic access to 4 the single contact repository established pursuant to section 5 135C.33 necessary to conduct background checks requested under 6 subsection 1 . 7 Sec. 191. 2022 Iowa Acts, chapter 1145, section 6, 8 subsection 1, is amended to read as follows: 9 1. The salary rates specified in subsection 2 are for the 10 fiscal year beginning July 1, 2022, effective for the pay 11 period beginning June 24, 2022, and for subsequent fiscal 12 years until otherwise provided by the general assembly. The 13 salaries provided for in this section shall be paid from moneys 14 allocated to the judicial branch from the salary adjustment 15 fund, or if the allocation is not sufficient, from moneys 16 appropriated to the judicial branch pursuant to this Act or any 17 other Act of the general assembly. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to the powers, duties, and 22 responsibilities of state government entities associated with 23 the budget, financial control, and information technology. 24 For purposes of Code chapter 8 (budget and financial 25 control), the bill defines “custodial funds”, “general fund”, 26 “government funds”, “private purpose trust funds”, and “special 27 revenue fund”. The term “repayment receipts” is redefined as 28 “appropriated receipts” and the term is changed throughout the 29 Code. 30 The bill defines “capital project” for purposes of Code 31 section 8.3A (capital project planning and budgeting). The 32 term is also used in Code sections 8.5 and 8.22 for budgeting 33 purposes. 34 The bill authorizes the director of the department of 35 -99- LSB 5393HZ (3) 90 ns/jh 99/ 102
H.F. 2708 management (DOM) to establish, abolish, and consolidate 1 divisions within DOM. The bill strikes a provision requiring 2 the DOM director to post a $25,000 surety bond. Under current 3 law (Code section 8A.321(12)), the department of administrative 4 services (DAS) purchases a blanket surety bond for state 5 officers. 6 The bill consolidates Code sections 8.5 and 8.6, which 7 relate to general and specific duties of the DOM director. 8 Duties relating to the reporting of standing appropriations are 9 moved to Code section 8.22. Duties relating to the preparation 10 of local budget reports are moved to new Code section 8.48. 11 The bill adds duties relating to information technology as 12 part of the bill’s integration of Code chapter 8B (information 13 technology) into Code chapter 8, including preparing 14 legislative proposals, designating a chief information 15 officer, providing advice to the governor, consulting, and 16 addressing cybersecurity. The bill requires DOM to establish 17 a cybersecurity reporting function for local governments and 18 authorizes DOM to award grants to local governments to support 19 cybersecurity. 20 The bill eliminates the special olympics fund and instead 21 provides a standing appropriation to DOM for such purposes. 22 The bill revises the functions and duties of the office of 23 grants enterprise management within DOM. 24 The bill moves and alters provisions relating to 25 supplemental appropriations estimates from Code section 8.28 to 26 Code section 8.22. 27 The repeal dates for Code sections 8.57G (Iowa coronavirus 28 fiscal recovery fund) and 8.57H (Iowa coronavirus capital 29 projects fund) are extended from July 1, 2025, to July 1, 2027. 30 The Iowa skilled worker and job creation fund is moved to Code 31 chapter 8, subchapter V (special purpose funds), and the sports 32 wagering receipts fund is moved from Code section 8.57 to new 33 Code section 8.57I. The bill delays a standing appropriation 34 from the general fund of the state to the technology 35 -100- LSB 5393HZ (3) 90 ns/jh 100/ 102
H.F. 2708 reinvestment fund to July 1, 2025 (Code section 8.57C). 1 The bill revises the provisions establishing the office of 2 lean enterprise and change management within DOM. 3 The bill provides for the confidentiality of records 4 and data provided to DOM by the department of insurance and 5 financial services. 6 In 2022, the general assembly converted the office of the 7 chief information officer (OCIO) from an independent agency to 8 an entity within DOM. Generally, the bill eliminates the OCIO 9 and updates and moves relevant provisions from Code chapter 8B 10 into Code chapter 8. The bill replaces the term “participating 11 agency” for purposes of information technology with the term 12 “supported entity”. 13 The bill authorizes the chief information officer and DOM to 14 adopt various information technology policies and procedures 15 and provide continuous monitoring through a cybersecurity 16 operations center. The bill designates DOM as the sole 17 authority in state government for providing and procuring 18 information technology goods and services and for establishing 19 associated master agreements. The bill authorizes DOM to 20 establish and collect fees associated with purchases made from 21 DOM information technology agreements, to be retained by DOM 22 for administration. 23 Under the bill, employees of DOM are no longer subject to a 24 24-month limitation on employee interchange among governmental 25 entities. 26 The bill eliminates an existing exception providing that 27 the Iowa public employees’ retirement system (IPERS) is not 28 a supported entity for purposes of information technology, 29 thereby subjecting IPERS to DOM’s powers and responsibilities 30 relating to information technology under the bill. 31 The bill eliminates the salary adjustment fund, references 32 to the GAAP (generally accepted accounting principles) deficit, 33 and provisions relating to the preparation of a tentative 34 budget. The bill repeals provisions freezing appropriations 35 -101- LSB 5393HZ (3) 90 ns/jh 101/ 102
H.F. 2708 under Code sections 53.50 (expenses for absentee voting), 1 229.35 (expenses for state mental health and disability 2 services commission), 230.8 (expenses for transfers of persons 3 with mental illness), 230.11 (expenses for custody, care, and 4 investigation of persons with mental illness), and 663.44 5 (reimbursement for costs of habeas corpus proceedings). The 6 bill also repeals provisions limiting the use of moneys 7 collected under 1993 law along with provisions requiring the 8 tracking and reporting of those moneys. 9 The bill transfers Code section 8.7 (reporting of gifts and 10 bequests received) to Code chapter 68B (government ethics and 11 lobbying). By operation of law, the bill applies the penalties 12 in Code section 68B.34 to Code section 8.7. A person who 13 knowingly and intentionally violates Code section 8.7 is guilty 14 of a serious misdemeanor and may be reprimanded, suspended, or 15 dismissed from the person’s position or otherwise sanctioned. 16 A serious misdemeanor is punishable by confinement for no more 17 than one year and a fine of at least $430 but not more than 18 $2,560. 19 The bill repeals provisions relating to the establishment 20 of OCIO, OCIO’s duties, prohibited pecuniary interests of the 21 chief information officer, and certain required reporting by 22 OCIO. 23 -102- LSB 5393HZ (3) 90 ns/jh 102/ 102