Senate File 478 - Reprinted SENATE FILE 478 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1200) (As Amended and Passed by the Senate March 7, 2023 ) 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 SF 478 (2) 90 ss/rn/mb
S.F. 478 Section 1. NEW SECTION . 11.3 When audits and examinations 1 begin. 2 For purposes of this chapter, an audit or examination 3 commences when the period of professional engagement begins 4 pursuant to the government auditing standards prescribed by the 5 comptroller general of the United States and published by the 6 United States government accountability office. 7 Sec. 2. Section 11.41, subsection 3, Code 2023, is amended 8 to read as follows: 9 3. If the information, records, instrumentalities, and 10 properties sought by the auditor of state are required by law 11 to be kept confidential, the auditor of state shall have access 12 to the information, records, instrumentalities, and properties, 13 but shall maintain the confidentiality of all such information 14 and is subject to the same penalties as the lawful custodian 15 of the information for dissemination of the information. 16 However, the auditor of state shall not have access to the 17 income tax returns of individuals or to an individual’s name 18 or residential address from a reportable disease report under 19 section 139A.3 . 20 Sec. 3. Section 11.41, Code 2023, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 4. a. The auditor of state shall not have 23 access to the following information: 24 (1) Income tax returns of individuals. 25 (2) Information in a report to the Iowa department of 26 public health, to a local board of health, or to a local health 27 department that identifies a person infected with a reportable 28 disease. 29 (3) Criminal identification files of law enforcement 30 agencies. 31 (4) Personal information in records regarding a student, 32 prospective student, or former student maintained, created, 33 collected, or assembled by or for a school corporation or 34 educational institution maintaining such records. 35 -1- SF 478 (2) 90 ss/rn/mb 1/ 3
S.F. 478 (5) Hospital records, medical records, and professional 1 counselor records of the condition, diagnosis, care, or 2 treatment of a patient or former patient or a counselee or 3 former counselee, including outpatient. 4 (6) Records which represent and constitute the work product 5 of an attorney and which relate to litigation or claims made by 6 or against a public body. 7 (7) Peace officers’ investigative reports, privileged 8 records or information specified in section 80G.2, and specific 9 portions of electronic mail and telephone billing records of 10 law enforcement agencies if that information is part of an 11 ongoing investigation. 12 (8) Records and information obtained or held by an 13 independent special counsel during the course of an 14 investigation conducted pursuant to section 68B.31A. This 15 paragraph does not prohibit the auditor of state from accessing 16 information that is disclosed to a legislative ethics 17 committee subsequent to a determination of probable cause by 18 an independent special counsel and made pursuant to section 19 68B.31. 20 (9) Information and records concerning physical 21 infrastructure, cyber security, critical infrastructure, 22 security procedures, or emergency preparedness developed, 23 maintained, or held by a government body for the protection of 24 life or property if disclosure could reasonably be expected to 25 jeopardize such life or property. 26 (10) Personal information, as defined in section 22A.1. 27 (11) Any other information or records that contain personal 28 information that an individual would reasonably expect to be 29 kept private or unnecessary to the objectives and scope of the 30 audit or examination commenced pursuant to this chapter. 31 b. The auditor of state may have access to information 32 listed under paragraph “a” , subparagraphs (3) through (10), if 33 all of the following conditions are met: 34 (1) The auditor of state demonstrates to the agency being 35 -2- SF 478 (2) 90 ss/rn/mb 2/ 3
S.F. 478 audited that the information is necessary for the purposes of 1 the audit. 2 (2) The agency that is being audited agrees that the 3 information is necessary for the purposes of the audit. 4 (3) The information is anonymized prior to the disclosure of 5 the information to the auditor of state. 6 Sec. 4. Section 11.42, subsection 3, Code 2023, is amended 7 to read as follows: 8 3. Upon completion of an audit or examination, a report 9 shall be prepared as required by section 11.28 and all 10 information included in the report shall be public information. 11 The auditor shall not disclose information listed in section 12 11.41, subsection 4, paragraph “a” , subparagraphs (3) through 13 (10) in a report without the express written consent of the 14 individual identified. 15 Sec. 5. Section 11.42, Code 2023, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 3A. The auditor shall not retain 18 information listed in section 11.41, subsection 4, paragraph 19 “a” , subparagraphs (3) through (10) in workpapers following the 20 completion of an audit report. 21 Sec. 6. Section 679A.19, Code 2023, is amended to read as 22 follows: 23 679A.19 Disputes between governmental agencies. 24 Any litigation between constitutional and statutory offices, 25 administrative departments, commissions or boards of the 26 executive branch of state government is prohibited. All 27 disputes between said governmental offices and agencies shall 28 be submitted to a board of arbitration of three members to 29 be composed of two members to be appointed by the offices or 30 departments involved in the dispute and a third member to be 31 appointed by the governor. The decision of the board shall be 32 final. 33 -3- SF 478 (2) 90 ss/rn/mb 3/ 3