Senate
File
2243
-
Introduced
SENATE
FILE
2243
BY
WEINER
,
DONAHUE
,
STAED
,
DREY
,
BLAKE
,
KNOX
,
TOWNSEND
,
ZIMMER
,
WINCKLER
,
QUIRMBACH
,
TRONE
GARRIOTT
,
BENNETT
,
PETERSEN
,
DOTZLER
,
HARDMAN
,
and
WAHLS
A
BILL
FOR
An
Act
relating
to
the
operation
of
state
government,
including
1
the
commencement
of
audits,
information
made
available
to
2
the
auditor
of
state,
and
disputes
between
governmental
3
agencies.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
11.41,
subsection
3,
Code
2026,
is
1
amended
to
read
as
follows:
2
3.
If
the
information,
records,
instrumentalities,
and
3
properties
sought
by
the
auditor
of
state
are
required
by
law
4
to
be
kept
confidential,
the
auditor
of
state
shall
have
access
5
to
the
information,
records,
instrumentalities,
and
properties,
6
but
shall
maintain
the
confidentiality
of
all
such
information
7
and
is
subject
to
the
same
penalties
as
the
lawful
custodian
8
of
the
information
for
dissemination
of
the
information.
9
However,
the
auditor
of
state
shall
not
have
access
to
the
10
income
tax
returns
of
individuals
or
information
in
a
report
to
11
the
department
of
health
and
human
services,
to
a
local
board
12
of
health,
or
to
a
local
health
department
that
identifies
a
13
person
infected
with
a
reportable
disease
to
an
individual’s
14
name
or
residential
address
from
a
reportable
disease
report
15
under
section
139A.3
.
16
Sec.
2.
Section
11.41,
subsection
4,
Code
2026,
is
amended
17
by
striking
the
subsection.
18
Sec.
3.
Section
11.42,
subsection
3,
Code
2026,
is
amended
19
to
read
as
follows:
20
3.
Upon
completion
of
an
audit
or
examination,
a
report
21
shall
be
prepared
as
required
by
section
11.28
and
all
22
information
included
in
the
report
shall
be
public
information.
23
The
auditor
shall
not
disclose
information
listed
in
section
24
11.41,
subsection
4
,
paragraph
“a”
,
in
a
report
without
the
25
express
written
consent
of
the
individual
identified,
or,
in
26
instances
of
alleged
or
suspected
embezzlement,
theft,
or
other
27
significant
financial
irregularity,
without
the
express
written
28
consent
of
the
audited
or
examined
entity.
29
Sec.
4.
Section
11.52,
Code
2026,
is
amended
to
read
as
30
follows:
31
11.52
Refusal
to
testify.
32
Except
as
otherwise
provided
in
section
679A.19
,
in
In
case
33
any
witness
duly
subpoenaed
refuses
to
attend,
or
refuses
to
34
produce
documents,
books,
and
papers,
or
attends
and
refuses
to
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make
oath
or
affirmation,
or,
being
sworn
or
affirmed,
refuses
1
to
testify,
the
auditor
of
state
or
the
auditor’s
designee
may
2
apply
to
the
district
court,
or
any
judge
of
said
district
3
having
jurisdiction
thereof,
for
the
enforcement
of
attendance
4
and
answers
to
questions
as
provided
by
law
in
the
matter
of
5
taking
depositions.
6
Sec.
5.
Section
679A.19,
Code
2026,
is
amended
to
read
as
7
follows:
8
679A.19
Disputes
between
governmental
agencies.
9
1.
Any
litigation
between
constitutional
and
statutory
10
offices,
administrative
departments,
commissions
,
or
boards
of
11
the
executive
branch
of
state
government
is
prohibited.
All
12
disputes
between
said
governmental
offices
and
agencies
shall
13
be
submitted
to
a
board
of
arbitration
of
three
members
to
14
be
composed
of
two
members
to
be
appointed
by
the
offices
or
15
departments
involved
in
the
dispute
and
a
third
member
to
be
16
appointed
by
the
governor.
The
decision
of
the
board
shall
be
17
final.
18
2.
A
board
of
arbitration
established
under
this
section
19
shall
resolve
any
dispute
submitted
to
it
within
sixty
days
20
after
submission
of
the
dispute.
21
Sec.
6.
REPEAL.
Section
11.3,
Code
2026,
is
repealed.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
the
commencement
of
audits,
information
26
made
available
to
the
auditor
of
state,
and
disputes
between
27
governmental
agencies.
The
bill
strikes
or
repeals
provisions
28
enacted
by
the
general
assembly
in
2023
Iowa
Acts,
chapter
103
29
(SF
478).
30
Specifically,
the
bill
strikes
prohibitions
on
the
receipt
31
and
disclosure
of
certain
information
by
the
auditor
of
state
32
except
under
certain
circumstances,
and
makes
conforming
33
changes.
The
bill
also
strikes
a
requirement
that
litigation
34
between
state
constitutional
and
statutory
offices
be
submitted
35
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to
a
board
of
arbitration
and
a
requirement
that
a
board
of
1
arbitration
for
disputes
between
state
governmental
agencies
2
resolve
disputes
within
60
days.
The
bill
repeals
a
provision
3
defining
when
an
audit
or
examination
begins
for
the
purposes
4
of
Code
chapter
11
(auditor
of
state).
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