House Study Bill 711 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON MOHR) 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 6331YC (1) 90 ns/jh
H.F. _____ 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. Appropriable receipts means receipts that are available 7 for appropriation. 8 2. Appropriated receipts means receipts that have been 9 appropriated by the general assembly. 10 1. 3. Block grant means funds from the federal government 11 awarded in broad program areas within which the state is given 12 considerable latitude in determining how funds are used and for 13 which the state develops its own plan for spending according 14 to general federal guidelines. Block grant does not include 15 education research grants. 16 4. Broadband means a high-speed, high-capacity electronic 17 transmission medium, including fixed wireless and mobile 18 wireless mediums, that can carry data signals from independent 19 network sources by establishing different bandwidth channels 20 and that is commonly used to deliver internet services to the 21 public. 22 5. Broadband infrastructure means the physical 23 infrastructure used for the transmission of data that provides 24 broadband services. Broadband infrastructure does not include 25 land, buildings, structures, improvements, or equipment not 26 directly used in the transmission of data via broadband. 27 2. 6. Budget means the budget document required by this 28 chapter to be transmitted to the legislature general assembly . 29 3. 7. Categorical grant means federal funds applied 30 for and received by the state which are in the form of 31 entitlements, formula grants, discretionary grants, open-ended 32 entitlements , or another form that may be used only for 33 specific , narrowly defined activities , except funds for 34 student aid and assistance; grants, contracts , and cooperative 35 -1- LSB 6331YC (1) 90 ns/jh 1/ 103
H.F. _____ agreements for research and training for which no appropriated 1 matching funds are required; and reimbursements for services 2 rendered. 3 4. Code or the Code means the Code of Iowa. 4 8. Communications service provider means a service 5 provider that provides broadband service. 6 9. Crop operation means the same as defined in section 7 717A.1. 8 10. Custodial funds means those funds from various 9 deposits, taxes, or other means that are properly collected 10 from, held for, and distributed to individuals, private 11 organizations, and other governments as provided by law. 12 5. 11. The terms department and establishment and 13 department or establishment , department or establishment 14 mean any executive department, commission, board, institution, 15 bureau, office, or other agency of the state government, by 16 whatever name called, that uses, expends, or receives any 17 state government funds, including the state department of 18 transportation, except for funds which that are required 19 to match federal aid allotted to the state by the federal 20 government for highway special purposes, but excluding the 21 courts and the legislature general assembly . 22 12. Facilitate means a communication service providers 23 ability to provide broadband service at or above the download 24 and upload speeds specified in the definition of targeted 25 service area in this section to a home, farm, school, or 26 business within a commercially reasonable time and at a 27 commercially reasonable price upon request by a consumer. 28 13. General fund means the general fund of the state 29 established pursuant to section 444.21. 30 6. 14. Government means the government of the state of 31 Iowa. 32 7. Private trust funds means any and all endowment 33 funds and any and all moneys received by a department or 34 establishment from private persons to be held in trust and 35 -2- LSB 6331YC (1) 90 ns/jh 2/ 103
H.F. _____ expended as directed by the donor. 1 8. Repayment receipts means those moneys collected by a 2 department or establishment that supplement an appropriation 3 made by the legislature. 4 15. Government funds means all moneys appropriated by the 5 general assembly, or moneys collected by or for the state, or a 6 department or establishment of the state, pursuant to authority 7 granted by law. 8 16. Information technology means computing and electronics 9 applications used to process and distribute information in 10 digital and other forms and includes information technology 11 devices, information technology services, infrastructure 12 services, broadband and broadband infrastructure, and 13 value-added services. 14 17. Information technology device means equipment or 15 associated software, including programs, languages, procedures, 16 or associated documentation, used in operating the equipment 17 which is designed for utilizing information stored in an 18 electronic format. Information technology device includes 19 but is not limited to computer systems, computer networks, and 20 equipment used for input, output, processing, storage, display, 21 scanning, and printing. 22 18. Information technology services means services 23 designed to do any of the following: 24 a. Provide functions, maintenance, and support of 25 information technology devices. 26 b. Provide services including but not limited to any of the 27 following: 28 (1) Computer systems application development and 29 maintenance. 30 (2) Systems integration and interoperability. 31 (3) Operating systems maintenance and design. 32 (4) Computer systems programming. 33 (5) Computer systems software support. 34 (6) Planning and security relating to information 35 -3- LSB 6331YC (1) 90 ns/jh 3/ 103
H.F. _____ technology devices. 1 (7) Data management consultation. 2 (8) Information technology education and consulting. 3 (9) Information technology planning and policies. 4 (10) Establishment of local area network and workstation 5 management policies. 6 19. Information technology staff includes any employees 7 performing information technology services, including but not 8 limited to department or establishment employees in information 9 technology classifications, contractors, temporary workers, and 10 any other employees providing information technology services. 11 20. Infrastructure services includes all of the following: 12 a. Data centers used to support mainframe and other 13 computers and their associated components including servers, 14 information networks, storage systems, redundant or backup 15 power systems, redundant data communications connections, 16 environmental controls, and security devices. 17 b. Servers, mainframes, or other centralized processing 18 systems. 19 c. Storage systems, including but not limited to disk, tape, 20 optical, and other structured repositories for storing digital 21 information. 22 d. Computer networks commonly referred to as local area 23 networks. 24 e. Network services, including equipment and software 25 which support local area networks, campus area networks, wide 26 area networks, and metro area networks. Network services 27 also include data network services such as routers, switches, 28 firewalls, virtual private networks, intrusion detection 29 systems, access control, internet protocol load balancers, 30 event logging and correlation, and content caching. 31 f. Groupware applications used to facilitate collaboration, 32 communication, and workflow, including electronic mail, 33 directory services, calendaring and scheduling, and imaging 34 systems. 35 -4- LSB 6331YC (1) 90 ns/jh 4/ 103
H.F. _____ g. Information technology help desk services. 1 h. Cybersecurity functions and equipment. 2 i. Digital printing and printing procurement services. 3 j. Data warehouses, including services that assist in 4 managing and locating digital information. 5 k. Disaster recovery technology and services. 6 l. Cloud computing solutions including but not limited 7 to solutions based on software as a service, platform as a 8 service, and infrastructure as a service. 9 m. Other similar or related services as determined by the 10 director of the department of management. 11 21. Private purpose trust funds means trust arrangements 12 under which the principal and income benefit individuals, 13 private organizations, or other governments. Private purpose 14 trust funds does not include pension or other employee benefit 15 trust funds or investment trust funds. 16 9. 22. Special fund Special revenue fund means any 17 and all government fees and other revenue receipts earmarked 18 to finance a governmental agency to which no a general fund 19 appropriation is not made by the state. 20 10. State funds means any and all moneys appropriated by 21 the legislature, or money collected by or for the state, or an 22 agency thereof, pursuant to authority granted by any of its 23 laws. 24 23. Supported entity means a unit of state government, 25 which is an authority, board, commission, committee, council, 26 department, or independent agency as defined in section 7E.4, 27 including but not limited to each principal central department 28 enumerated in section 7E.5. However, supported entity does 29 not mean any of the following: 30 a. The office of the governor or the office of an elective 31 constitutional or statutory officer. 32 b. The general assembly, or any office or unit under its 33 administrative authority. 34 c. The judicial branch, as provided in section 602.1102. 35 -5- LSB 6331YC (1) 90 ns/jh 5/ 103
H.F. _____ d. A political subdivision of the state or its offices 1 or units, including but not limited to a county, city, or 2 community college. 3 e. The state board of regents and institutions operated 4 under its authority. 5 24. Targeted service area means any of the following: 6 a. A United States census bureau census block located 7 in this state, including any crop operation located within 8 the census block, or other geographic unit the department of 9 management sets by rule, within which no communications service 10 provider offers or facilitates broadband service at or above 11 the tier 1, tier 2, or tier 3 download and upload speeds. As 12 used in this subsection: 13 (1) Tier 1 means a maximum download speed of less than 14 twenty-five megabits per second and a maximum upload speed of 15 less than three megabits per second. 16 (2) Tier 2 means a minimum download speed of greater than 17 or equal to twenty-five megabits per second but less than fifty 18 megabits per second. 19 (3) Tier 3 means a minimum download speed of greater than 20 or equal to fifty megabits per second but less than eighty 21 megabits per second. 22 b. Any geographic area, as the department of management sets 23 by rule, that is materially underserved by broadband service 24 such that tier 1, tier 2, and tier 3 download and upload speeds 25 are not meaningfully available. The department of managements 26 power to determine the geographic area by rule under this 27 paragraph includes the power to define and interpret policies 28 as to whether a geographic area is materially underserved and 29 broadband service is meaningfully available. 30 25. Underserved area means any portion of a targeted 31 service area within which no communications service provider 32 facilitates broadband service meeting the tier 1 download and 33 upload speeds specified in the definition of targeted service 34 area. 35 -6- LSB 6331YC (1) 90 ns/jh 6/ 103
H.F. _____ 11. 26. Unencumbered balance means the unobligated 1 balance of an appropriation after charging thereto to the 2 appropriation all unpaid liabilities for goods and services and 3 all contracts or agreements payable from an the appropriation 4 or a special fund . 5 27. Value-added services means services that offer or 6 provide unique, special, or enhanced value, benefits, or 7 features to the customer or user including but not limited to 8 services in which information technology is specially designed, 9 modified, or adapted to meet the special or requested needs 10 of the user or customer; services involving the delivery, 11 provision, or transmission of information or data that require 12 or involve additional processing, formatting, enhancement, 13 compilation, or security; services that provide the customer 14 or user with enhanced accessibility, security, or convenience; 15 research and development services; and services that are 16 provided to support technological or statutory requirements 17 imposed on supported entities and other governmental entities, 18 businesses, and the public. 19 Sec. 2. Section 8.3A, subsection 1, paragraph a, Code 2024, 20 is amended to read as follows: 21 a. Capital project means a project that consists 22 of nonroutine repairs and replacements unrelated to new 23 construction for which the cost is two hundred fifty thousand 24 dollars or more, new construction, infrastructure or site 25 development, equipment, or information technology. Capital 26 project includes land acquisition and projects that extend the 27 useful life of or change the functional use of a facility. 28 Capital project does not include highway and right-of-way 29 projects or airport capital projects undertaken by the state 30 department of transportation and financed from dedicated 31 funds or capital projects funded by nonstate grants, gifts, 32 or contracts obtained at or through state universities, if 33 the projects do not require a commitment of additional state 34 resources for maintenance, operations, or staffing. 35 -7- LSB 6331YC (1) 90 ns/jh 7/ 103
H.F. _____ Sec. 3. Section 8.4, Code 2024, is amended to read as 1 follows: 2 8.4 Department of management. 3 The department of management is created, which is directly 4 attached to the office of the governor and under the general 5 direction, supervision, and control of the governor. The 6 office is in immediate charge of an officer to be known 7 as the director, who shall be appointed by the governor, 8 subject to confirmation by the senate, and shall hold office 9 at the governors pleasure and shall receive a salary as set 10 by the governor. The director may establish, abolish, and 11 consolidate divisions within the department of management 12 when necessary for the efficient performance of the various 13 functions and duties of the department of management. Before 14 entering upon the discharge of duties, the director shall 15 take the constitutional oath of office and give a surety bond 16 in the penalty fixed by the governor, payable to the state, 17 which shall not be less than twenty-five thousand dollars, 18 conditioned upon the faithful discharge of the directors 19 duties . The premium on the bond shall be paid out of the state 20 treasury. 21 Sec. 4. Section 8.5, subsection 1, Code 2024, is amended to 22 read as follows: 23 1. Assistants. Employ, with the approval of the governor, 24 two assistants and such clerical assistants as the director may 25 find necessary. 26 Sec. 5. Section 8.5, Code 2024, is amended by adding the 27 following new subsections: 28 NEW SUBSECTION . 5. Investigations. Make such 29 investigations of the organization, activities, and methods of 30 procedure of the several departments and establishments as the 31 director of the department of management may be called upon to 32 make by the governor or general assembly. 33 NEW SUBSECTION . 6. Legislative assistance. 34 a. Furnish to any committee of either house of the general 35 -8- LSB 6331YC (1) 90 ns/jh 8/ 103
H.F. _____ assembly having jurisdiction over revenues or appropriations 1 such assistance and information regarding the financial affairs 2 of the government as the committee may request. 3 b. Develop and recommend legislative proposals deemed 4 necessary for the continued efficiency of the department of 5 management in performing information technology functions, 6 and review legislative proposals generated outside of the 7 department which are related to matters within the departments 8 purview. 9 NEW SUBSECTION . 7. Rules. Make such rules, subject to the 10 approval of the governor, as may be necessary for effectively 11 carrying on the work of the department of management. The 12 director may, with the approval of the executive council, 13 require any state official, agency, department, or commission, 14 to require any applicant, registrant, filer, permit holder, 15 or license holder, whether individual, partnership, trust, or 16 corporation, to submit to said official, agency, department, 17 or commission, the social security number or the tax number or 18 both so assigned to said individual, partnership, trust, or 19 corporation. 20 NEW SUBSECTION . 8. Allotments. Perform the necessary work 21 involved in reviewing requests for allotments as are submitted 22 to the governor for approval. 23 NEW SUBSECTION . 9. Budget document. Prepare the budget 24 document and draft the legislation to make it effective. 25 NEW SUBSECTION . 10. Taxation transparency and 26 disclosure. Exercise the powers and perform the duties 27 and responsibilities of the director and the department as 28 authorized or required under chapter 8G. 29 NEW SUBSECTION . 11. General control. Perform such other 30 duties as may be required to effectively control the financial 31 operations of the government as limited by this chapter. 32 NEW SUBSECTION . 12. Capital project budgeting 33 requests. Compile annually all capital project budgeting 34 requests of all state agencies, as those terms are defined in 35 -9- LSB 6331YC (1) 90 ns/jh 9/ 103
H.F. _____ section 8.3A, and to consolidate the requests, with individual 1 state agency priorities noted, into a report for submission 2 with the budget documents by the governor pursuant to section 3 8.22. Any additional information regarding the capital 4 project budgeting requests or priorities shall be compiled and 5 submitted in the same report. 6 NEW SUBSECTION . 13. Capital project planning and budgeting 7 authority. Call upon any state agency, as defined in section 8 8.3A, for assistance the director may require in performing the 9 directors duties under subsection 12. All state agencies, 10 upon the request of the director, shall assist the director and 11 are authorized to make available to the director any existing 12 studies, surveys, plans, data, and other materials in the 13 possession of the state agencies which are relevant to the 14 directors duties. 15 NEW SUBSECTION . 14. State tort claims risk management 16 coordinator. Designate a position within the department of 17 management to serve as the executive branchs risk management 18 coordinator. 19 a. The risk management coordinator shall have all of the 20 following responsibilities: 21 (1) Coordinating and monitoring risk control policies and 22 programs in the executive branch, including but not limited 23 to coordination with the employees of departments who are 24 responsible for the workers compensation for state employees 25 and management of state property. 26 (2) Consulting with the attorney general with respect to 27 the risk control policies and programs and trends in claims and 28 liability of the state under chapter 669. 29 (3) Coordinating the states central data repository for 30 claims and risk information. 31 b. The costs of salary, benefits, and support for the risk 32 management coordinator shall be authorized by the state appeal 33 board established in chapter 73A and shall be paid as claims 34 for services furnished to the state under section 25.2. 35 -10- LSB 6331YC (1) 90 ns/jh 10/ 103
H.F. _____ NEW SUBSECTION . 15. Salary model administrator. Designate 1 a position within the department of management to serve as the 2 salary model administrator. 3 a. The salary model administrator shall work in conjunction 4 with the legislative services agency to maintain the states 5 salary model used for analyzing, comparing, and projecting 6 state employee salary and benefit information, including 7 information relating to employees of the state board of 8 regents. 9 b. The department of revenue, the department of 10 administrative services, the institutions governed by the state 11 board of regents pursuant to section 262.7, each judicial 12 districts department of correctional services, and the state 13 department of transportation shall provide salary data to the 14 department of management and the legislative services agency 15 to operate the states salary model. The format and frequency 16 of provision of the salary data shall be determined by the 17 department of management and the legislative services agency. 18 c. The information shall be used in collective bargaining 19 processes under chapter 20 and in calculating the funding needs 20 contained within any annual salary adjustment legislation. 21 A state employee organization as defined in section 20.3, 22 subsection 4, may request information produced by the model, 23 but the information provided shall not contain information 24 attributable to individual employees. 25 NEW SUBSECTION . 16. Chief information officer. Designate a 26 position within the department of management to serve as the 27 chief information officer for the department and supported 28 entities, who shall be the sole chief information officer for 29 the department and supported entities. 30 NEW SUBSECTION . 17. Gubernatorial advice. Provide advice 31 to the governor, including advice related to information 32 technology. 33 NEW SUBSECTION . 18. Information technology 34 consultation. Consult with departments and establishments on 35 -11- LSB 6331YC (1) 90 ns/jh 11/ 103
H.F. _____ issues related to information technology. 1 NEW SUBSECTION . 19. Cybersecurity. Exercise the sole 2 authority in the executive branch of state government for 3 convening cross-jurisdictional, multi-entity collaborations to 4 address cybersecurity issues for supported entities. 5 NEW SUBSECTION . 20. Designation of services funding 6 customer council. 7 a. Establish a process by which the department of 8 management, in consultation with the department of 9 administrative services, determines which services provided 10 by the department of administrative services shall be funded 11 by an appropriation and which services shall be funded by the 12 governmental entity receiving the service. 13 b. Establish a process for determining whether the 14 department of administrative services shall be the sole 15 provider of a service for purposes of those services which the 16 department of management determines under paragraph a are to 17 be funded by the governmental entities receiving the service. 18 c. (1) Establish, by rule, a customer council responsible 19 for overseeing the services provided solely by the department 20 of administrative services. The rules adopted shall provide 21 for all of the following: 22 (a) The method of appointment of members to the council by 23 the governmental entities required to receive the services. 24 (b) The duties of the customer council which shall be as 25 follows: 26 (i) Annual review and approval of the department of 27 administrative services business plan regarding services 28 provided solely by the department of administrative services. 29 (ii) Annual review and approval of the procedure for 30 resolving complaints concerning services provided by the 31 department of administrative services. 32 (iii) Annual review and approval of the procedure 33 for setting rates for the services provided solely by the 34 department of administrative services. 35 -12- LSB 6331YC (1) 90 ns/jh 12/ 103
H.F. _____ (c) A process for receiving input from affected 1 governmental entities as well as for a biennial review by the 2 customer council of the determinations made by the department 3 of management of which services are funded by an appropriation 4 to the department of administrative services and which services 5 are funded by the governmental entities receiving the service, 6 including any recommendations as to whether the department of 7 administrative services shall be the sole provider of a service 8 funded by the governmental entities receiving the service. The 9 department of management, in consultation with the department 10 of administrative services, may change the determination of 11 a service if the change is in the best interests of those 12 governmental entities receiving the service. 13 (2) If a service to be provided may also be provided to the 14 judicial branch or legislative branch, then the rules shall 15 provide that the chief justice of the supreme court may appoint 16 a member to the customer council, and the legislative council 17 may appoint a member from the senate and a member from the 18 house of representatives to the customer council, respectively, 19 at their discretion. 20 NEW SUBSECTION . 21. Other powers and duties. Exercise and 21 perform such other powers and duties as may be prescribed by 22 law. 23 Sec. 6. Section 8.8, Code 2024, is amended to read as 24 follows: 25 8.8 Special olympics fund appropriation. 26 A special olympics fund is created in the office of the 27 treasurer of state under the control of the department of 28 management. There is appropriated annually from the general 29 fund of the state to the special olympics fund department of 30 management one hundred thousand dollars for distribution to 31 one or more organizations which administer special olympics 32 programs benefiting the citizens of Iowa with disabilities. 33 Sec. 7. Section 8.9, subsection 1, Code 2024, is amended to 34 read as follows: 35 -13- LSB 6331YC (1) 90 ns/jh 13/ 103
H.F. _____ 1. The office of grants enterprise management is 1 established in the department of management. The function of 2 the office is to develop and administer a system process to 3 track , identify, advocate for, and coordinate nonstate block 4 grants as defined in section 8.2, subsections 1 and 3 5 and categorical grants . Staffing for the office of grants 6 enterprise management shall be provided by a facilitator 7 appointed by the director of the department of management. 8 Additional staff may be hired, subject to the availability of 9 funding. 10 Sec. 8. Section 8.10, Code 2024, is amended to read as 11 follows: 12 8.10 Facilitators duties. 13 The specific duties of the facilitator of the office of 14 grants enterprise management may include the following: 15 1. Establish Coordinate a grants network representing all 16 state agencies to assist the grants enterprise management 17 office in an advisory capacity. Each state agency shall 18 designate an employee on the management or senior staff 19 level to serve as the agencys federal funds coordinator and 20 represent the agency on the grants network. An agency may not 21 create a staff position for a federal funds coordinator. The 22 coordinators duties shall be in addition to the duties of the 23 employee of the agency. 24 2. Develop a plan for increased state access to funding 25 sources other than the general fund of the state. 26 3. Develop procedures to formally notify appropriate state 27 and local agencies of the availability of discretionary federal 28 funds and, when necessary, coordinate the application process. 29 4. 2. Establish an automated information system process 30 database for grants applied for and received and to track 31 congressional activity . 32 5. Provide information and counseling to state agencies and 33 political subdivisions of the state concerning the availability 34 and means of obtaining state, federal, and private grants. 35 -14- LSB 6331YC (1) 90 ns/jh 14/ 103
H.F. _____ 6. Provide grant application writing assistance and 1 training to state agencies and political subdivisions of the 2 state, directly or through interagency contracts, cooperative 3 agreements, or contracts with third-party providers. 4 7. 3. Monitor the federal register and other federal or 5 state publications to identify funding opportunities , with 6 special emphasis on discretionary grants or other funding 7 opportunities available to the state . 8 8. Periodically review the funding strategies and methods 9 of those states that rank significantly above the national 10 average in the per capita receipt of federal funds to determine 11 whether those strategies and methods could be successfully 12 employed by this state. 13 Sec. 9. NEW SECTION . 8.13 Establishment of funds. 14 1. The department of management may establish one or more 15 funds within the state treasury under the control of the 16 department. Moneys deposited in or accruing to such a fund are 17 appropriated to the department for purposes of administering 18 the department. 19 2. a. Notwithstanding section 8.33, moneys in such a fund 20 that remain unencumbered or unobligated at the close of a 21 fiscal year shall not revert but shall remain available for 22 expenditure for the purposes designated. 23 b. This subsection does not apply to moneys annually 24 appropriated to the department of management by the general 25 assembly in an Act of the general assembly. Such moneys shall 26 be subject to reversion as otherwise provided by law. 27 3. Notwithstanding section 12C.7, subsection 2, interest 28 or earnings on moneys in such a fund shall be credited to the 29 fund. 30 Sec. 10. Section 8.21, subsection 1, Code 2024, is amended 31 to read as follows: 32 1. Not later than February 1 of each legislative regular 33 session of the general assembly , the governor shall transmit 34 to the legislature general assembly a document to be known as 35 -15- LSB 6331YC (1) 90 ns/jh 15/ 103
H.F. _____ a budget, setting forth the governors financial program for 1 the ensuing fiscal year and having the character and scope set 2 forth in sections 8.22 through 8.29 this subchapter . 3 Sec. 11. Section 8.22, subsection 1, Code 2024, is amended 4 to read as follows: 5 1. Part I Governors budget message. Part I shall consist 6 of the governors budget message, in which the governor shall 7 set forth all of the following: 8 a. Part I shall consist of the governors budget message, in 9 which the governor shall set forth: 10 (1) (a) The governors program for meeting all the 11 expenditure needs of the government for the fiscal year, 12 indicating the classes of funds, general or special, from which 13 appropriations are to be made and the means through which 14 the expenditures shall be financed. The governors program 15 shall include a single budget request for all capital projects 16 proposed by the governor. The request shall include but is not 17 limited to all of the following: 18 (b) The governors program shall include a single budget 19 request for all capital projects proposed by the governor. The 20 request shall include but is not limited to the following: 21 (i) (1) The purpose and need for each capital project. 22 (ii) (2) A priority listing of capital projects. 23 (iii) (3) The costs of acquisition, lease, construction, 24 renovation, or demolition of each capital project. 25 (iv) (4) The identification of the means and source of 26 funding each capital project. 27 (v) (5) The estimated operating costs of each capital 28 project after completion. 29 (vi) (6) The estimated maintenance costs of each capital 30 project after completion. 31 (vii) (7) The consequences of delaying or abandoning each 32 capital project. 33 (viii) (8) Alternative approaches to meeting the purpose or 34 need for each capital project. 35 -16- LSB 6331YC (1) 90 ns/jh 16/ 103
H.F. _____ (ix) (9) Alternative financing mechanisms. 1 (x) (10) A cost-benefit analysis or economic impact of each 2 capital project. 3 b. (1) Financial statements giving in summary form: 4 (a) The condition of the treasury at the end of the last 5 completed fiscal year, the estimated condition of the treasury 6 at the end of the year in progress, and the estimated condition 7 of the treasury at the end of the following fiscal year if the 8 governors budget proposals are put into effect. 9 (b) Statements showing the bonded indebtedness of the 10 government, debt authorized and unissued, debt redemption and 11 interest requirements, and condition of the sinking funds, if 12 any. 13 (c) A summary of appropriations recommended for the 14 following fiscal year for each department and establishment 15 and for the government as a whole, in comparison with the 16 actual expenditures for the last completed fiscal year and the 17 estimated expenditures for the year in progress. 18 (d) A summary of the revenue, estimated to be received by 19 the government during the following fiscal year, classified 20 according to sources, in comparison with the actual revenue 21 received by the government during the last completed fiscal 22 year and estimated income during the year in progress. 23 (e) A statement of federal funds received in the form of 24 block or categorical grants which were not included in the 25 governors budget for the previous fiscal year and a statement 26 of anticipated block grants and categorical grants. The 27 budget shall indicate how the federal funds will be used and 28 the programs to which they will be allocated. The amount of 29 state government funds required to implement the programs to 30 which the federal funds will apply shall also be indicated. 31 The departments and establishments shall provide information 32 to the director on the anticipated federal block grants and 33 categorical grants to be received on or before November 1 of 34 each year. The director shall use this information to develop 35 -17- LSB 6331YC (1) 90 ns/jh 17/ 103
H.F. _____ an annual update of the statement of federal funds received 1 which shall be provided to the general assembly. 2 (f) Other financial statements, data, and comments as in the 3 governors opinion are necessary or desirable in order to make 4 known in all practicable detail the financial condition and 5 operation of the government and the effect that the budget as 6 proposed by the governor will have on the financial condition 7 and operation. 8 (g) A separate report containing a complete list of all 9 standing appropriations showing the amount or estimated 10 amount of each appropriation and the purpose for which the 11 appropriation is made. 12 (2) If the estimated revenues of the government for the 13 ensuing fiscal year as set forth in the budget on the basis of 14 existing laws, plus the estimated amounts in the treasury at 15 the close of the year in progress, available for expenditure in 16 the ensuing fiscal year are less than the aggregate recommended 17 for the ensuing fiscal year as contained in the budget, the 18 governor shall make recommendations to the legislature in 19 respect to the manner in which the deficit shall be met, 20 whether by an increase in the state tax or the imposition of 21 new taxes, increased rates on existing taxes, or otherwise, 22 and if the aggregate of the estimated revenues, plus estimated 23 balances in the treasury, is greater than the recommended 24 appropriations for the ensuing fiscal year, the governor shall 25 make recommendations in reference to the application of the 26 surplus to the reduction of debt or otherwise, to the reduction 27 in taxation, or to such other action as in the governors 28 opinion is in the interest of the public welfare. 29 c. Supplemental estimates for such appropriations as in 30 the governors judgment may be necessary or otherwise in the 31 public interest. The governor shall accompany such estimates 32 with a statement of the reasons therefor, including the 33 reasons for their omission from a prior budget, if applicable. 34 Whenever such supplemental estimates amount to an aggregate 35 -18- LSB 6331YC (1) 90 ns/jh 18/ 103
H.F. _____ which, if they had been contained in a prior budget, would 1 have required the governor to make a recommendation for the 2 raising of additional revenue, the governor shall make such 3 recommendation. 4 Sec. 12. Section 8.22A, subsection 2, Code 2024, is amended 5 to read as follows: 6 2. The conference shall meet as often as deemed necessary, 7 but shall meet at least three times per year with at least 8 one meeting taking place each year in March. The conference 9 may use sources of information deemed appropriate. At each 10 meeting, the conference shall agree to estimates for the 11 current fiscal year and the following fiscal year for the net 12 appropriable receipts of the revenues of the general fund of 13 the state, lottery revenues as described in section 99G.39, 14 subsection 1, to be available for disbursement, and from 15 gambling revenues described in section 8.57, subsection 5, 16 paragraph f , and from interest earned on the cash reserve 17 fund and the economic emergency fund to be deposited in the 18 rebuild Iowa infrastructure fund. At the meeting taking place 19 each year in March, in addition to agreeing to estimates 20 for the current fiscal year and the following fiscal year, 21 the conference shall agree to estimates for the fiscal year 22 beginning July 1 of the following calendar year. Only an 23 estimate for the following fiscal year agreed to by the 24 conference pursuant to subsection 3 , 4, or 5, shall be used 25 for purposes of calculating the state general fund expenditure 26 limitation under section 8.54 , and any other estimate agreed 27 to shall be considered a preliminary estimate that shall not 28 be used for purposes of calculating the state general fund 29 expenditure limitation. 30 Sec. 13. Section 8.22A, subsections 4 and 5, Code 2024, are 31 amended by striking the subsections. 32 Sec. 14. Section 8.23, subsection 1, unnumbered paragraph 33 1, Code 2024, is amended to read as follows: 34 On or before October 1, prior to each legislative regular 35 -19- LSB 6331YC (1) 90 ns/jh 19/ 103
H.F. _____ session of the general assembly , all departments and 1 establishments of the government shall transmit to the director 2 of the department of management , on blanks to be furnished 3 in a format designated by the director, estimates of their 4 expenditure requirements , including every proposed expenditure, 5 for the ensuing fiscal year, together with supporting data and 6 explanations as called for by the director after consultation 7 with the legislative services agency. 8 Sec. 15. Section 8.23, subsection 1, paragraphs a and d, 9 Code 2024, are amended to read as follows: 10 a. The estimates of expenditure requirements shall be 11 in a form specified by the director, and the expenditure 12 requirements shall include all proposed expenditures and shall 13 be prioritized by program or the results to be achieved. The 14 estimates shall be accompanied by performance measures for 15 evaluating the effectiveness of the programs or results. 16 d. The director shall furnish designate standard 17 budget request forms formats to each department or agency 18 establishment of state government. 19 Sec. 16. Section 8.26, Code 2024, is amended to read as 20 follows: 21 8.26 Hearings. 22 Immediately upon the receipt of the tentative budget 23 provided for by section 8.25 the The governor shall make 24 provision for public hearings thereon on the estimates of 25 expenditure requirements required by section 8.23 , at which 26 the governor may require the attendance of the heads and other 27 officers of all departments, establishments , and other persons 28 receiving or requesting the grant of state government funds 29 and the giving by them of such explanations and suggestions as 30 they may be called upon to give or as they may desire to offer 31 in respect to items of requested appropriations in which they 32 are interested. The governor shall also extend invitations 33 to the governor-elect and the director of the department of 34 management to be present at such hearings and to participate in 35 -20- LSB 6331YC (1) 90 ns/jh 20/ 103
H.F. _____ the hearings through the asking of questions or the expression 1 of opinion in regard to the items of the tentative budget 2 estimates . 3 Sec. 17. Section 8.29, Code 2024, is amended to read as 4 follows: 5 8.29 Regents universities uniform accounting system. 6 The state board of regents, with the approval of the director 7 of the department of management, shall establish a uniform 8 budgeting and accounting system for the institutions of higher 9 education under its control, and shall require each of the 10 institutions of higher education to begin operating operate 11 under the uniform system not later than June 30, 1994 . 12 Sec. 18. Section 8.31, subsections 3 and 5, Code 2024, are 13 amended to read as follows: 14 3. The allotment requests of all departments and 15 establishments collecting governmental fees and other 16 revenue which supplement a state appropriation shall attach 17 to the summary of requests a statement showing how much 18 of the proposed allotments are to be financed from state 19 appropriations, stores, and repayment appropriated receipts. 20 5. If the governor determines that the estimated budget 21 resources during the fiscal year are insufficient to pay all 22 appropriations in full, the reductions shall be uniform and 23 prorated between all departments , agencies, and establishments 24 upon the basis of their respective appropriations. 25 Sec. 19. Section 8.32, Code 2024, is amended to read as 26 follows: 27 8.32 Conditional availability of appropriations 28 applicability of chapter . 29 1. All appropriations made to any department or 30 establishment of the government as receive receivable or 31 collect collectable moneys available for expenditure by them 32 under present laws law , are declared to be in addition to such 33 repayment appropriated receipts, and such appropriations are 34 to be available as and to the extent that such receipts are 35 -21- LSB 6331YC (1) 90 ns/jh 21/ 103
H.F. _____ insufficient to meet the costs of administration, operation, 1 and maintenance, or and public improvements of such departments 2 or establishments, provided all of the following conditions are 3 met : 4 a. Provided, that such Such receipts or collections shall be 5 are deposited in the state treasury as part of the general fund 6 or special revenue funds in all cases, except those collections 7 made by the state fair board, the institutions under the state 8 board of regents, and the natural resource commission. 9 b. Provided further, that no repayment Appropriated receipts 10 shall be are not available for expenditures until allotted as 11 provided in section 8.31 ; and . 12 c. Provided further, that the The collection of repayment 13 appropriated receipts by the state fair board and the 14 institutions under the state board of regents shall be are 15 deposited in a bank or banks duly designated and qualified as 16 state depositories, in the name of the state of Iowa, for the 17 use of such boards and institutions, and such funds shall be 18 are available only on the check of such boards or institutions 19 depositing them, which are hereby authorized to withdraw such 20 funds, but only after allotment by the governor as provided in 21 section 8.31 ; and . 22 d. 2. a. Provided further, that this This chapter shall 23 does not apply to endowment or private purpose trust funds or 24 to gifts to institutions owned or controlled by the state or to 25 the income from such endowment or private purpose trust funds, 26 or to private custodial funds belonging to students or inmates 27 of state institutions. 28 2. b. The provisions of this This chapter shall not be 29 construed to prohibit the state fair board from creating an 30 emergency or sinking fund out of the receipts of the state fair 31 and state appropriation for the purpose of taking care of any 32 emergency that might arise beyond the control of the board of 33 not to exceed three hundred thousand dollars. Neither shall 34 this 35 -22- LSB 6331YC (1) 90 ns/jh 22/ 103
H.F. _____ c. This chapter shall not be construed to prohibit the state 1 fair board from retaining an additional sum of not to exceed 2 three hundred fifty thousand dollars to be used in carrying out 3 the provisions of chapter 173 . 4 Sec. 20. Section 8.35, Code 2024, is amended to read as 5 follows: 6 8.35 General supervisory control. 7 The governor and the director of the department of 8 management and any officer of the department of management, 9 when authorized by the governor, are hereby authorized to make 10 such inquiries regarding the receipts, custody, and application 11 of state government funds, existing organization, activities, 12 and methods of business of the departments and establishments, 13 assignments of particular activities to particular services 14 and regrouping of such services, as in the opinion of the 15 governor, will enable the governor to make recommendations to 16 the legislature general assembly , and, within the scope of the 17 powers possessed by the governor, to order action to be taken, 18 having for their purpose to bring about increased economy and 19 efficiency in the conduct of the affairs of government. 20 Sec. 21. Section 8.35A, subsection 4, Code 2024, is amended 21 to read as follows: 22 4. A government agency which receives state government 23 funds directly from the state or indirectly through a political 24 subdivision as directed by statute and which is not a city, 25 county, or school district is subject to this subsection . A 26 government agency which is subject to this subsection shall 27 submit a copy of its budget to the legislative services agency, 28 identifying it as being submitted under this subsection , when 29 the budget of that government agency has received approval 30 from the governing head or body of that agency. The copy of 31 the budget submitted to the legislative services agency shall 32 be on the budget forms provided in the format designated by 33 the department of management to state agencies under this 34 chapter section 8.23 . The government agency shall also submit 35 -23- LSB 6331YC (1) 90 ns/jh 23/ 103
H.F. _____ a statement identifying any funds available to the agency which 1 are not included in the budget. 2 Sec. 22. NEW SECTION . 8.48 Local budgets forms and 3 procedures. 4 1. The director of the department of management shall 5 consult with all state officers and agencies which receive 6 reports and forms from county officers, in order to devise 7 standardized reports and forms which will permit computer 8 processing of the information submitted by county officers, 9 and prescribe forms on which each municipality, at the time 10 of preparing estimates required under section 24.3, shall be 11 required to compile in parallel columns all of the following 12 data and estimates for immediate availability to any taxpayer 13 upon request: 14 a. For the immediate prior fiscal year, revenue from all 15 sources, other than revenue received from property taxation, 16 allocated to each of the several funds and separately stated 17 as to each such source, and for each fund the unencumbered 18 cash balance thereof at the beginning and end of the year, the 19 amount received by property taxation allocated to each fund, 20 and the amount of actual expenditure for each fund. 21 b. For the current fiscal year, actual and estimated 22 revenue, from all sources, other than revenue received from 23 property taxation, and separately stated as to each such 24 source, allocated to each of the several funds, and for each 25 fund the actual unencumbered cash balance available at the 26 beginning of the year, the amount to be received from property 27 taxation allocated to each fund, and the amount of actual and 28 estimated expenditures, whichever is applicable. 29 c. For the proposed budget year, an estimate of revenue from 30 all sources, other than revenue to be received from property 31 taxation, separately stated as to each such source, to be 32 allocated to each of the several funds, and for each fund the 33 actual or estimated unencumbered cash balance, whichever is 34 applicable, to be available at the beginning of the year, the 35 -24- LSB 6331YC (1) 90 ns/jh 24/ 103
H.F. _____ amount proposed to be received from property taxation allocated 1 to each fund, and the amount proposed to be expended during 2 the year plus the amount of cash reserve, based on actual 3 experience of prior years, which shall be the necessary cash 4 reserve of the budget adopted exclusive of capital outlay 5 items. The estimated expenditures plus the required cash 6 reserve for the ensuing fiscal year less all estimated or 7 actual unencumbered balances at the beginning of the year and 8 less the estimated income from all sources other than property 9 taxation shall equal the amount to be received from property 10 taxes, and such amount shall be shown on the proposed budget 11 estimate. 12 2. To ensure uniformity, accuracy, and efficiency in the 13 preparation of budget estimates by municipalities subject to 14 chapter 24, the director shall prescribe the procedures to be 15 used and instruct the appropriate officials of the various 16 municipalities on implementation of the procedures. 17 Sec. 23. Section 8.54, subsection 1, unnumbered paragraph 18 1, Code 2024, is amended to read as follows: 19 For the purposes of section 8.22A , this section , and 20 sections 8.55 through 8.57 section 8.56 : 21 Sec. 24. Section 8.54, subsection 5, paragraph a, Code 2024, 22 is amended to read as follows: 23 a. For fiscal years in which it is anticipated that the 24 distribution of moneys from the Iowa economic emergency fund in 25 accordance with section 8.55 8.56 , subsection 2 3 , will result 26 in moneys being transferred to the general fund of the state, 27 the original state general fund expenditure limitation amount 28 provided for in subsection 3 shall be readjusted to include the 29 amount of moneys anticipated to be so transferred. 30 Sec. 25. Section 8.56, subsection 1, Code 2024, is amended 31 to read as follows: 32 1. A cash reserve fund is created in the state treasury. 33 The cash reserve fund shall be separate from the general fund 34 of the state and shall not be considered part of the general 35 -25- LSB 6331YC (1) 90 ns/jh 25/ 103
H.F. _____ fund of the state except in determining the cash position of 1 the state as provided in subsection 3 . The moneys in the cash 2 reserve fund are not subject to section 8.33 and shall not 3 be transferred, used, obligated, appropriated, or otherwise 4 encumbered except as provided in this section . Notwithstanding 5 section 12C.7, subsection 2 , interest or earnings on moneys 6 deposited in the cash reserve fund shall be credited to the 7 rebuild Iowa infrastructure fund created in section 8.57 . 8 Moneys in the cash reserve fund may be used for cash flow 9 purposes during a fiscal year provided that any moneys so 10 allocated are returned to the cash reserve fund by the end of 11 that fiscal year. 12 Sec. 26. Section 8.56, subsections 2, 3, and 4, Code 2024, 13 are amended by striking the subsections and inserting in lieu 14 thereof the following: 15 2. At the conclusion of a fiscal year, the surplus is 16 transferred to the cash reserve fund. As used in this 17 subsection, surplus means the excess of revenues and other 18 financing sources over expenditures and other financing uses 19 for the general fund of the state in a fiscal year. 20 3. The maximum balance of the cash reserve fund is twelve 21 and one-half percent of the adjusted revenue estimate. If 22 the amount in the cash reserve fund is equal to the maximum 23 balance, moneys in excess of this amount shall be distributed 24 as follows: 25 a. The difference between the actual net revenue for the 26 general fund of the state for the fiscal year and the adjusted 27 revenue estimate for the fiscal year shall be transferred to 28 the taxpayer relief fund created in section 8.57E. 29 b. The remainder of the excess, if any, shall be transferred 30 to the general fund of the state. 31 4. a. Except as provided in paragraphs b , c , and 32 d , the moneys in the cash reserve fund shall only be used 33 pursuant to an appropriation made by the general assembly. An 34 appropriation shall only be made for the fiscal year in which 35 -26- LSB 6331YC (1) 90 ns/jh 26/ 103
H.F. _____ the appropriation is made. 1 b. Moneys in the cash reserve fund may be used for cash 2 flow purposes during a fiscal year provided that any moneys so 3 allocated are returned to the cash reserve fund by the end of 4 that fiscal year. 5 c. There is appropriated from the cash reserve fund to the 6 executive council an amount sufficient to pay the expenses 7 authorized by the executive council, as specified in section 8 7D.29. 9 d. There is appropriated from the cash reserve fund to the 10 general fund of the state an amount not to exceed one percent 11 of the adjusted revenue estimate for the fiscal year for which 12 the appropriation is made. This appropriation is contingent 13 upon all of the following having occurred: 14 (1) Prior to an appropriation being made pursuant to this 15 paragraph, the balance of the general fund of the state at the 16 end of the fiscal year for which the appropriation is made is 17 negative. 18 (2) The governor issues an official proclamation and 19 notifies the legislative fiscal committee and the legislative 20 services agency that the balance of the general fund is 21 negative and that an appropriation made pursuant to this 22 paragraph brings the general fund of the state into balance. 23 e. If an appropriation is made pursuant to paragraph a or 24 d for a fiscal year, there is appropriated from the general 25 fund of the state to the cash reserve fund for the following 26 fiscal year the amount of the appropriation made pursuant to 27 paragraph a or d . 28 Sec. 27. Section 8.57, subsections 1, 2, 3, 4, and 6, Code 29 2024, are amended by striking the subsections. 30 Sec. 28. Section 8.57, subsection 5, paragraph a, 31 unnumbered paragraph 1, Code 2024, is amended to read as 32 follows: 33 A rebuild Iowa infrastructure fund is created under the 34 authority of the department of management. The fund shall 35 -27- LSB 6331YC (1) 90 ns/jh 27/ 103
H.F. _____ consist of appropriations made to the fund and transfers of 1 interest, earnings, and moneys from other funds as provided by 2 law. The rebuild Iowa infrastructure fund shall be separate 3 from the general fund of the state and the balance in the 4 rebuild Iowa infrastructure fund shall not be considered part 5 of the balance of the general fund of the state. However, the 6 rebuild Iowa infrastructure fund shall be considered a special 7 account for the purposes of section 8.53 , relating to generally 8 accepted accounting principles. 9 Sec. 29. Section 8.57, subsection 5, paragraphs d and e, 10 Code 2024, are amended by striking the paragraphs. 11 Sec. 30. Section 8.57, subsection 5, paragraph f, 12 subparagraph (1), subparagraph division (b), Code 2024, is 13 amended by striking the subparagraph division. 14 Sec. 31. Section 8.57, subsection 5, paragraph f, 15 subparagraph (1), subparagraph division (d), subparagraph 16 subdivision (i), Code 2024, is amended by striking the 17 subparagraph subdivision. 18 Sec. 32. Section 8.57, subsection 5, paragraph f, 19 subparagraph (1), subparagraph division (g), Code 2024, is 20 amended to read as follows: 21 (g) For the fiscal year beginning July 1, 2018, and for 22 each fiscal year thereafter, the total moneys in excess of the 23 moneys deposited under this paragraph f in the revenue bonds 24 debt service fund, the revenue bonds federal subsidy holdback 25 fund, the vision Iowa fund, the water quality infrastructure 26 fund, the Iowa skilled worker and job creation fund, and the 27 general fund of the state shall be deposited in the rebuild 28 Iowa infrastructure fund and shall be used as provided in this 29 section , notwithstanding section 8.60 . 30 Sec. 33. Section 8.57, subsection 5, paragraph g, Code 2024, 31 is amended by striking the paragraph. 32 Sec. 34. Section 8.57A, subsection 1, Code 2024, is amended 33 to read as follows: 34 1. An environment first fund is created under the authority 35 -28- LSB 6331YC (1) 90 ns/jh 28/ 103
H.F. _____ of the department of management. The fund shall consist of 1 appropriations made to the fund and transfers of interest, 2 earnings, and moneys from other funds as provided by law. The 3 fund shall be separate from the general fund of the state 4 and the balance in the fund shall not be considered part of 5 the balance of the general fund of the state. However, the 6 fund shall be considered a special account for the purposes 7 of section 8.53 , relating to generally accepted accounting 8 principles. 9 Sec. 35. Section 8.57B, subsection 2, Code 2024, is amended 10 to read as follows: 11 2. The fund shall be separate from the general fund of the 12 state and the balance in the fund shall not be considered part 13 of the balance of the general fund of the state. However, the 14 fund shall be considered a special account for the purposes 15 of section 8.53 , relating to generally accepted accounting 16 principles. 17 Sec. 36. Section 8.57C, subsection 1, Code 2024, is amended 18 to read as follows: 19 1. A technology reinvestment fund is created under the 20 authority of the department of management. The fund shall 21 consist of appropriations made to the fund and transfers of 22 interest, earnings, and moneys from other funds as provided by 23 law. The fund shall be separate from the general fund of the 24 state and the balance in the fund shall not be considered part 25 of the balance of the general fund of the state. However, the 26 fund shall be considered a special account for the purposes 27 of section 8.53 , relating to generally accepted accounting 28 principles. 29 Sec. 37. Section 8.57C, subsection 3, paragraphs a, b, c, 30 d, e, f, g, h, i, and j, Code 2024, are amended by striking the 31 paragraphs. 32 Sec. 38. Section 8.57D, subsection 3, Code 2024, is amended 33 to read as follows: 34 3. The levee improvement fund shall be separate from the 35 -29- LSB 6331YC (1) 90 ns/jh 29/ 103
H.F. _____ general fund of the state and the balance in the fund shall 1 not be considered part of the balance of the general fund of 2 the state. However, the fund shall be considered a special 3 account for the purposes of section 8.53 , relating to generally 4 accepted accounting principles. 5 Sec. 39. Section 8.57E, subsection 2, paragraph b, 6 subparagraph (1), Code 2024, is amended to read as follows: 7 (1) For the fiscal year beginning July 1, 2023, and for 8 each fiscal year thereafter, if the actual net revenue for the 9 general fund of the state for the fiscal year plus the amount 10 transferred to the general fund of the state under section 8.55 11 8.56 , subsection 2 3 , paragraph b , for the fiscal year, if 12 any, is less than one hundred three and one-half percent of 13 the actual net revenue for the general fund of the state for 14 the prior fiscal year, there is transferred from the taxpayer 15 relief fund to the general fund of the state an amount equal to 16 the difference or the remaining balance of the taxpayer relief 17 fund, whichever is lower, subject to subparagraph (2). 18 Sec. 40. Section 8.57E, subsection 3, Code 2024, is amended 19 to read as follows: 20 3. a. Moneys in the taxpayer relief fund may be used for 21 cash flow purposes during a fiscal year provided that any 22 moneys so allocated are returned to the fund by the end of that 23 fiscal year. 24 b. Except as provided in section 8.58 , the taxpayer relief 25 fund shall be considered a special account for the purposes of 26 section 8.53 in determining the cash position of the general 27 fund of the state for the payment of state obligations. 28 Sec. 41. Section 8.57F, subsection 1, paragraph d, Code 29 2024, is amended by striking the paragraph. 30 Sec. 42. Section 8.57G, subsections 3 and 4, Code 2024, are 31 amended to read as follows: 32 3. Except as provided in section 8.58 , the fund shall be 33 considered a special account for the purposes of section 8.53 34 in determining the cash position of the general fund of the 35 -30- LSB 6331YC (1) 90 ns/jh 30/ 103
H.F. _____ state for the payment of state obligations. Notwithstanding 1 section 8.33 , moneys in the fund that remain unencumbered or 2 unobligated at the close of a fiscal year shall not revert 3 but shall remain available for expenditure for the purposes 4 designated. Notwithstanding section 12C.7, subsection 2 , 5 interest or earnings on moneys in the fund shall be credited 6 to the fund. 7 4. This section is repealed July 1, 2025 2027 . 8 Sec. 43. Section 8.57H, subsections 3 and 4, Code 2024, are 9 amended to read as follows: 10 3. Except as provided in section 8.58 , the fund shall be 11 considered a special account for the purposes of section 8.53 12 in determining the cash position of the general fund of the 13 state for the payment of state obligations. Notwithstanding 14 section 8.33 , moneys in the fund that remain unencumbered or 15 unobligated at the close of a fiscal year shall not revert 16 but shall remain available for expenditure for the purposes 17 designated. Notwithstanding section 12C.7, subsection 2 , 18 interest or earnings on moneys in the fund shall be credited 19 to the fund. 20 4. This section is repealed July 1, 2025 2027 . 21 Sec. 44. NEW SECTION . 8.57I Sports wagering receipts fund. 22 1. A sports wagering receipts fund is created in the state 23 treasury under the authority of the department of management. 24 The fund shall consist of appropriations made to the fund and 25 transfers of interest, earnings, and moneys from other funds 26 or sources as provided by law. The sports wagering receipts 27 fund shall be separate from the general fund of the state and 28 the balance in the sports wagering receipts fund shall not 29 be considered part of the balance of the general fund of the 30 state. 31 2. Moneys in the sports wagering receipts fund are not 32 subject to section 8.33. Notwithstanding section 12C.7, 33 subsection 2, interest or earnings on moneys in the sports 34 wagering receipts fund shall be credited to the fund. Moneys 35 -31- LSB 6331YC (1) 90 ns/jh 31/ 103
H.F. _____ in the sports wagering receipts fund may be used for cash flow 1 purposes during a fiscal year provided that any moneys so 2 allocated are returned to the fund by the end of that fiscal 3 year. 4 3. Moneys in the sports wagering receipts fund in a fiscal 5 year shall be used as directed by the general assembly. 6 4. Annually, on or before January 15 of each year, a 7 state agency that received an appropriation from the sports 8 wagering receipts fund shall report to the legislative services 9 agency and the department of management the status of all 10 projects completed or in progress. The report shall include 11 a description of the project, the progress of work completed, 12 the total estimated cost of the project, a list of all revenue 13 sources being used to fund the project, the amount of funds 14 expended, the amount of funds obligated, and the date the 15 project was completed or an estimated completion date of the 16 project, where applicable. 17 5. Annually, on or before December 31 of each year, a 18 recipient of moneys from the sports wagering receipts fund 19 for any purpose shall report to the state agency to which the 20 moneys are appropriated the status of all projects completed 21 or in progress. The report shall include a description of the 22 project, the progress of work completed, the total estimated 23 cost of the project, a list of all revenue sources being used 24 to fund the project, the amount of funds expended, the amount 25 of funds obligated, and the date the project was completed or 26 an estimated completion date of the project, where applicable. 27 Sec. 45. Section 8.58, Code 2024, is amended to read as 28 follows: 29 8.58 Exemption from automatic application. 30 1. To the extent that moneys appropriated under section 31 8.57 do not result in moneys being credited to the general 32 fund under section 8.55, subsection 2 , moneys appropriated 33 under section 8.57 and If moneys are not transferred to the 34 general fund of the state pursuant to section 8.56, subsection 35 -32- LSB 6331YC (1) 90 ns/jh 32/ 103
H.F. _____ 3, moneys contained in the cash reserve fund, rebuild Iowa 1 infrastructure fund, environment first fund, Iowa economic 2 emergency fund, taxpayer relief fund, state bond repayment 3 fund, Iowa coronavirus fiscal recovery fund, and Iowa 4 coronavirus capital projects fund , and Iowa skilled worker and 5 job creation fund shall not be considered in the application 6 of any formula, index, or other statutory triggering mechanism 7 which would affect appropriations, payments, or taxation rates, 8 contrary provisions of the Code law notwithstanding. 9 2. To the extent that moneys appropriated under section 10 8.57 do not result in moneys being credited to the general 11 fund under section 8.55, subsection 2 , moneys appropriated 12 under section 8.57 and If moneys are not transferred to the 13 general fund of the state pursuant to section 8.56, subsection 14 3, moneys contained in the cash reserve fund, rebuild Iowa 15 infrastructure fund, environment first fund, Iowa economic 16 emergency fund, taxpayer relief fund, state bond repayment 17 fund, Iowa coronavirus fiscal recovery fund, and Iowa 18 coronavirus capital projects fund , and Iowa skilled worker and 19 job creation fund shall not be considered by an arbitrator or 20 in negotiations under chapter 20 . 21 Sec. 46. Section 8.70, Code 2024, is amended to read as 22 follows: 23 8.70 Lean enterprise and change management office. 24 1. For purposes of this section , lean : 25 a. Change management means the application of a structured 26 approach to the transition of an organization and its workforce 27 from a current state to a future state to achieve expected 28 benefits. Change management includes preparing and supporting 29 employees, establishing the necessary steps for change, and 30 monitoring activities to ensure successful implementation. 31 b. Lean means a business-oriented system for organizing 32 and managing product development, operations, suppliers, and 33 customer relations to create precise customer value, expressed 34 as providing goods and services with higher quality and fewer 35 -33- LSB 6331YC (1) 90 ns/jh 33/ 103
H.F. _____ defects and errors, with less human effort, less space, less 1 capital, and less time than more traditional systems. 2 2. The office of lean enterprise and change management is 3 established in the department of management. The function 4 of the office is to ensure implementation of lean tools and 5 enterprises change management as a component components of 6 a performance management system for all executive branch 7 agencies. Staffing for the office of lean enterprise shall be 8 provided by an administrator appointed by the director of the 9 department of management. 10 3. The duties of the office of lean enterprise may include 11 the following: 12 a. Create a standardized approach to change that achieves 13 expected benefits and organizational goals. 14 a. b. Create strategic and tactical approaches for lean 15 implementation, including integration into state governance and 16 operational systems. 17 b. c. Lead and develop state governments capacity to 18 implement lean and change management tools and enterprises 19 structures , including design and development of instructional 20 materials as needed with the goal of integrating continuous 21 improvement and change management into the organizational 22 culture. 23 c. d. (1) Create demand for lean and change management 24 tools and enterprises initiatives in departments and 25 establishments . 26 (2) Communicate with agency directors, boards, commissions, 27 and senior management to create interest and organizational 28 will to implement lean and change management tools and 29 enterprises to improve agency results. 30 (3) Provide direction and advice to department heads and 31 senior management to plan and implement departmental lean and 32 change management programs. 33 (4) Direct and review plans for leadership and assist with 34 the selection of identifying and selecting process improvement 35 -34- LSB 6331YC (1) 90 ns/jh 34/ 103
H.F. _____ projects of key importance to agency goals, programs, and 1 missions. 2 d. (1) Identify and assist departments in identifying 3 potential lean projects. 4 (2) e. Continuously evaluate organizational performance 5 in meeting objectives, identify and structure the direction 6 the that change management and lean implementation should take 7 to provide greatest effectiveness, and justify critical and 8 far-reaching changes. 9 e. f. (1) Lead the collection and reporting of data and 10 learning related to lean and change management accomplishments. 11 (2) Widely disseminate lean and change management results 12 and learning with Iowans, stakeholders, and other members 13 of the public to demonstrate the benefits and return on 14 investment. 15 f. g. (1) Evaluate the effect of unforeseen developments 16 on plans and programs and present to agency directors, boards, 17 commissions, and senior management suggested changes in overall 18 direction. 19 (2) Provide input related to proposals regarding new or 20 revised legislation, regulations, and related changes which 21 have a direct impact over the implementation. 22 g. h. Lead the development of alliances and partnerships 23 with the business community, associations, consultants, and 24 other stakeholders to enhance external support and advance 25 the implementation of lean and change management tools and 26 enterprises in state government. 27 h. i. Lead relations with the general assembly and staff 28 to build support for and understanding of lean and change 29 management work in state government. 30 Sec. 47. Section 8.75, subsection 2, Code 2024, is amended 31 to read as follows: 32 2. The Iowa skilled worker and job creation fund shall be 33 separate from the general fund of the state and the balance 34 in the Iowa skilled worker and job creation fund shall not 35 -35- LSB 6331YC (1) 90 ns/jh 35/ 103
H.F. _____ be considered part of the balance of the general fund of the 1 state. However, the Iowa skilled worker and job creation 2 fund shall be considered a special account for the purposes 3 of section 8.53 , relating to generally accepted accounting 4 principles. Moneys in the fund may be used for cash flow 5 purposes during a fiscal year provided that any moneys so 6 allocated are returned to the fund by the end of that fiscal 7 year. Notwithstanding section 8.33 , moneys in the fund at the 8 end of each fiscal year shall not revert to any other fund but 9 shall remain in the fund for expenditure in subsequent fiscal 10 years. 11 Sec. 48. NEW SECTION . 8.76 Subchapter definitions. 12 As used in this subchapter, unless the context otherwise 13 requires: 14 1. Department means the department of management. 15 2. Director means the director of the department of 16 management. 17 Sec. 49. Section 8B.4A, Code 2024, is amended to read as 18 follows: 19 8B.4A Background checks. 20 An applicant for employment with the office department , 21 or an applicant for employment with a participating agency 22 supported entity for a position as information technology 23 staff, may be subject to a background investigation by the 24 office department . The background investigation may include, 25 without limitation, a work history, financial review, request 26 for criminal history data, and national criminal history check 27 through the federal bureau of investigation. In addition, 28 a contractor, vendor, employee, or any other individual 29 performing work for the office department , or an individual 30 on the information technology staff of a participating agency 31 supported entity , may be subject to a national criminal history 32 check through the federal bureau of investigation at least once 33 every ten years, including, without limitation, any time the 34 office department or participating agency supported entity 35 -36- LSB 6331YC (1) 90 ns/jh 36/ 103
H.F. _____ has reason to believe an individual has been convicted of a 1 crime. The office department may request the national criminal 2 history check and, if requested, shall provide the individuals 3 fingerprints to the department of public safety for submission 4 through the state criminal history repository to the federal 5 bureau of investigation. The individual shall authorize 6 release of the results of the national criminal history check 7 to the office department and the applicable participating 8 agency supported entity . The office department shall pay the 9 actual cost of the fingerprinting and national criminal history 10 check, if any, unless otherwise agreed as part of a contract 11 between the office department or participating agency supported 12 entity and a vendor or contractor performing work for the 13 office department or participating agency supported entity . 14 The results of a criminal history check conducted pursuant to 15 this section shall not be considered a public record under 16 chapter 22 . 17 Sec. 50. Section 8B.6, Code 2024, is amended to read as 18 follows: 19 8B.6 Acceptance of funds. 20 The office department of management may receive and accept 21 donations, grants, gifts, and contributions in the form of 22 moneys, services, materials, or otherwise, from the United 23 States or any of its agencies, from this state or any of its 24 agencies, or from any other person, and expend such moneys, 25 services, materials, or other contributions, or issue grants, 26 in carrying out the operations of the office department . All 27 federal grants to and the federal receipts of the office 28 department are appropriated for the purpose set forth in such 29 federal grants or receipts. The office department shall report 30 annually to the general assembly on or before September 1 the 31 donations, grants, gifts, and contributions with a monetary 32 value of one thousand dollars or more that were received during 33 the most recently concluded fiscal year. 34 Sec. 51. Section 8B.10, subsections 1 and 2, Code 2024, are 35 -37- LSB 6331YC (1) 90 ns/jh 37/ 103
H.F. _____ amended to read as follows: 1 1. The determination of whether a communications service 2 provider facilitates broadband service meeting the tier 3 1, tier 2, or tier 3 download and upload speeds specified 4 in the definition of targeted service area in section 8B.1 5 shall be determined or ascertained by reference to broadband 6 availability maps or data sources that are identified 7 by the office department by rule. The office department 8 shall periodically make renewed determinations of whether 9 a communications service provider facilitates broadband 10 service at or above the tier 1, tier 2, or tier 3 download 11 and upload speeds specified in the definition of targeted 12 service area in section 8B.1 , which shall, to the extent 13 updated maps and data sources are available at the time, 14 include making such determinations prior to each round of grant 15 applications solicited by the office department pursuant to 16 section 8B.11 . The office department is not required to make 17 renewed determinations of whether a communications service 18 provider facilitates broadband service at or above the tier 19 1, tier 2, or tier 3 download and upload speeds specified in 20 the definition of targeted service area in section 8B.1 more 21 frequently than once in any calendar year. 22 2. The office department shall establish procedures to 23 allow challenges to the offices departments finding on 24 whether an area meets the definition of targeted service area. 25 Sec. 52. Section 8B.11, Code 2024, is amended to read as 26 follows: 27 8B.11 Empower rural Iowa broadband grants fund. 28 1. The office department shall administer a broadband 29 grant program designed to reduce or eliminate unserved and 30 underserved areas in the state, leveraging federal funds and 31 public and private partnerships where possible, by awarding 32 grants to communications service providers that reduce or 33 eliminate targeted service areas by installing broadband 34 infrastructure that facilitates broadband service in accordance 35 -38- LSB 6331YC (1) 90 ns/jh 38/ 103
H.F. _____ with the following: 1 a. The broadband infrastructure facilitates broadband 2 service that provides a minimum download speed of one hundred 3 megabits per second and a minimum upload speed of one hundred 4 megabits per second 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 b. The broadband infrastructure facilitates broadband 10 service that provides a minimum download speed of one hundred 11 megabits per second and a minimum upload speed of one hundred 12 megabits per second in a targeted service area within which no 13 communications service provider offers or facilitates broadband 14 service that provides any of the following: 15 (1) Download speeds less than or equal to the tier 2 16 download speed specified in the definition of targeted service 17 area in section 8B.1 . 18 (2) Download speeds less than or equal to the tier 3 19 download speed specified in the definition of targeted service 20 area in section 8B.1 . 21 2. a. An empower rural Iowa broadband grant fund is 22 established in the state treasury under the authority of the 23 office department . The fund shall consist of moneys available 24 to and obtained or accepted by the office department . Moneys 25 in the fund are appropriated to the office department to be 26 used for the grant program, including for broadband mapping and 27 the administration and operation of the grant program, and for 28 the fiberoptic network conduit installation program established 29 in section 8B.25 . 30 b. The office department shall use moneys in the fund to 31 provide grants to communications service providers pursuant 32 to this section and to lead and coordinate the fiberoptic 33 network conduit installation program pursuant to section 34 8B.25 . The office department may use not more than two and 35 -39- LSB 6331YC (1) 90 ns/jh 39/ 103
H.F. _____ one-half percent of the moneys in the fund at the beginning of 1 the fiscal year to pay the costs and expenses associated with 2 the administration and operation of the grant program and the 3 fiberoptic network conduit installation program. The office 4 department shall use moneys in the fund to leverage available 5 federal moneys if possible. 6 c. Notwithstanding section 8.33 , moneys in the fund 7 that remain unencumbered or unobligated at the close of the 8 fiscal year shall not revert but shall remain available for 9 expenditure for the purposes designated until three years 10 following the last day of the fiscal year in which the funds 11 were originally appropriated. 12 d. Notwithstanding paragraph c or any provision to the 13 contrary, moneys in the fund that have been awarded but not 14 paid to a communications service provider shall not revert but 15 shall remain available to the office department for purposes of 16 administering the award in a manner consistent with the terms 17 and conditions of any corresponding contract or grant agreement 18 governing the administration of the award. 19 3. Communications service providers may apply to the 20 office department for a grant pursuant to this section for 21 the installation of broadband infrastructure that facilitates 22 broadband service in targeted service areas. The office 23 department shall make available a public internet site 24 identifying all publicly available information contained in the 25 applications and any results of performance testing conducted 26 after the project is completed. The office department 27 shall devote one full-time equivalent position to evaluate 28 applications submitted under this section and provide technical 29 assistance to communications service providers in completing 30 applications for federal funds, or any other funds from any 31 public or private sources, related to improving broadband 32 infrastructure. 33 4. a. The office department shall award grants on 34 a competitive basis for the installation of broadband 35 -40- LSB 6331YC (1) 90 ns/jh 40/ 103
H.F. _____ infrastructure that facilitates broadband service as provided 1 in subsection 3 in targeted service areas after considering the 2 following: 3 (1) The relative need for broadband infrastructure in the 4 area and the existing broadband service speeds, including 5 whether the project serves a rural area or areas. 6 (2) The applicants total proposed budget for the project, 7 including all of the following: 8 (a) The amount or percentage of local or federal matching 9 funds, if any, and any funding obligations shared between 10 public and private entities. 11 (b) The percentage of funding provided directly from the 12 applicant, including whether the applicant requested from the 13 office department an amount less than the maximum amount the 14 office department could award pursuant to subsection 5 and, if 15 so, the percentage of the project cost that the applicant is 16 requesting. 17 (3) The relative download and upload speeds of proposed 18 projects for all applicants. 19 (4) The specific product attributes resulting from the 20 proposed project, including technologies that provide higher 21 qualities of service, such as service levels, latency, 22 and other service attributes as determined by the office 23 department . 24 (5) The percentage of the homes, farms, schools, and 25 businesses in the targeted service area that will be provided 26 access to broadband service. 27 (6) The proportion of proposed projects that will result 28 in the installation of broadband infrastructure in a targeted 29 service area within which the only broadband service available 30 provides the tier 1 download and upload speeds specified in the 31 definition of targeted service area in section 8B.1 . 32 (7) Other factors the office department deems relevant. 33 b. In considering the factors listed in paragraph a for 34 awarding grants pursuant to this section , the office department 35 -41- LSB 6331YC (1) 90 ns/jh 41/ 103
H.F. _____ shall afford the greatest weight to the factors described in 1 paragraph a , subparagraphs (1) through (3), and subparagraph 2 (6). 3 5. The total amount of the grants the office department 4 awards from the empower rural Iowa broadband grant fund 5 pursuant to this section shall not exceed any of the following 6 amounts: 7 a. Seventy-five percent of a communications service 8 providers project costs for projects that will result in the 9 installation of broadband infrastructure in a targeted service 10 area within which no communications service provider offers or 11 facilitates broadband service that provides download and upload 12 speeds less than or equal to the tier 1 download and upload 13 speeds specified in the definition of targeted service area in 14 section 8B.1 . 15 b. Fifty percent of a communications service providers 16 project costs for projects that will result in the installation 17 of broadband infrastructure in a targeted service area within 18 which no communications service provider offers or facilitates 19 broadband service that provides download speeds less than or 20 equal to the tier 2 download speeds specified in the definition 21 of targeted service area in section 8B.1 . 22 c. Thirty-five percent of a communications service 23 providers project costs for projects that will result in the 24 installation of broadband infrastructure in a targeted service 25 area within which no communications service provider offers or 26 facilitates broadband service that provides download speeds 27 less than or equal to the tier 3 download speed specified in 28 the definition of targeted service area in section 8B.1 . 29 6. Notwithstanding subsections 3 and 5 , communications 30 service providers may apply to the office department for 31 a grant pursuant to this section for the installation of 32 broadband infrastructure that facilitates broadband service 33 providing a minimum download speed of one hundred megabits per 34 second and a minimum upload speed of twenty megabits per second 35 -42- LSB 6331YC (1) 90 ns/jh 42/ 103
H.F. _____ in targeted service areas pursuant to this subsection . The 1 office department shall make available a public internet site 2 identifying all publicly available information contained in the 3 applications and any results of performance testing conducted 4 after the project is completed. 5 a. The office department shall award grants under this 6 subsection on a competitive basis after considering the factors 7 provided in subsection 4 and affording weight to the factors 8 pursuant to subsection 4 , paragraph b . 9 b. The total amount of the grants the office department 10 shall award pursuant to this subsection shall not exceed fifty 11 percent of a communications service providers project costs 12 for projects that will result in the installation of broadband 13 infrastructure in a targeted service area within which no 14 communications service provider offers or facilitates broadband 15 service that provides download and upload speeds less than or 16 equal to the tier 1 download and upload speeds specified in the 17 definition of targeted service area in section 8B.1 . 18 7. Notwithstanding subsections 5 and 6 , at least twenty 19 percent of the total amount of the grants the office department 20 awards from the empower rural Iowa broadband grant fund 21 pursuant to this section shall be allocated to projects that 22 will result in the installation of broadband infrastructure 23 in difficult to serve targeted service areas within which no 24 communications service provider offers or facilitates broadband 25 service that provides download and upload speeds less than 26 or equal to the tier 1 download and upload speeds specified 27 in the definition of targeted service area in section 8B.1 . 28 For purposes of this subsection , a targeted service area is 29 difficult to serve if the soil conditions, topography, or 30 other local conditions make the installation of broadband 31 infrastructure in the targeted service area more time-consuming 32 or labor-intensive compared to other areas of the state. 33 8. The office department shall provide public notice 34 regarding the application process and receipt of funding. 35 -43- LSB 6331YC (1) 90 ns/jh 43/ 103
H.F. _____ 9. The office department may adopt rules pursuant to 1 chapter 17A interpreting this chapter subchapter or necessary 2 for administering this chapter subchapter , including but not 3 limited to rules relating to the broadband grant program 4 process, management, and measurements as deemed necessary by 5 the office department . 6 10. The office department shall adopt rules establishing 7 procedures to allow aggrieved applicants an opportunity to 8 challenge the offices departments award of grants under this 9 section . 10 Sec. 53. Section 8B.12, subsections 1 and 3, Code 2024, are 11 amended to read as follows: 12 1. The chief information officer director shall enter 13 into agreements with state agencies supported entities , and 14 may enter into agreements with any other governmental entity , 15 including a local governmental entity or entity created 16 pursuant to chapter 28E, or with a nonprofit organization, to 17 furnish services and facilities of the office department to the 18 applicable governmental entity or nonprofit organization under 19 this subchapter . The agreement shall must provide for the 20 reimbursement to the office department of the reasonable cost 21 of the services and facilities furnished. All governmental 22 entities of this state may enter into such agreements. For 23 purposes of this subsection , nonprofit organization means a 24 nonprofit entity which is exempt from federal income taxation 25 pursuant to section 501(c)(3) or 501(c)(4) of the Internal 26 Revenue Code and which is funded in whole or in part by public 27 funds. 28 3. The state board of regents shall not be required to 29 obtain any service for the state board of regents or any 30 institution under the control of the state board of regents 31 that is provided by the office department pursuant to this 32 chapter subchapter without the consent of the state board of 33 regents. 34 Sec. 54. Section 8B.15, Code 2024, is amended to read as 35 -44- LSB 6331YC (1) 90 ns/jh 44/ 103
H.F. _____ follows: 1 8B.15 Billing credit card payments. 2 1. The chief information officer director may bill a 3 governmental entity for services rendered by the office 4 department in accordance with the duties of the office 5 department as provided in this chapter subchapter . Bills may 6 include direct, indirect, and developmental costs which have 7 not been funded by an appropriation to the office department . 8 The office department shall periodically render a billing 9 statement to a governmental entity outlining the cost of 10 services provided to the governmental entity. The amount 11 indicated on the statement shall be paid by the governmental 12 entity and amounts received by the office department shall 13 be considered repayment appropriated receipts as defined in 14 section 8.2 , and deposited into the accounts of the office 15 department . 16 2. In addition to other forms of payment, a person may pay 17 by credit card for services provided by the office department , 18 according to rules adopted by the treasurer of state. The 19 credit card fees to be charged shall not exceed those permitted 20 by statute. A governmental entity may adjust its payment to 21 reflect the costs of processing as determined by the treasurer 22 of state. The discount charged by the credit card issuer may 23 be included in determining the fees to be paid for completing 24 a financial transaction under this section by using a credit 25 card. All credit card payments shall be credited to the fund 26 used to account for the services provided. 27 Sec. 55. Section 8B.16, Code 2024, is amended to read as 28 follows: 29 8B.16 Office Department debts and liabilities 30 appropriation request. 31 If a service provided by the office department and funded 32 from an internal service a fund established under section 8B.13 33 8.13 ceases to be provided and insufficient funds remain in 34 the internal service fund to pay any outstanding debts and 35 -45- LSB 6331YC (1) 90 ns/jh 45/ 103
H.F. _____ liabilities relating to that service, the chief information 1 officer director shall notify the department of management and 2 the general assembly and request that moneys be appropriated 3 from the general fund of the state to pay such debts and 4 liabilities. 5 Sec. 56. Section 8B.21, subsections 1, 2, and 3, Code 2024, 6 are amended to read as follows: 7 1. Powers and duties of office the chief information 8 officer . The powers and duties of the office chief information 9 officer as it relates to information technology services shall 10 include but are not limited to all of the following: 11 a. Approving information technology for use by agencies 12 supported entities and other governmental entities. 13 b. Directing, developing, and implementing policies, 14 procedures, and organization measures designed to ensure the 15 efficient administration of information technology. 16 b. c. Implementing the strategic information technology 17 plan. 18 d. Prescribing and adopting information technology 19 policies, procedures, and rules that are binding on all 20 supported entities and that represent best practices for other 21 governmental entities in the state that are not supported 22 entities. 23 c. e. Developing and implementing a business continuity 24 plan, as the chief information officer director determines is 25 appropriate, to be used if a disruption occurs in the provision 26 of information technology to participating agencies supported 27 entities and other governmental entities. 28 d. f. Prescribing standards policies and adopting rules 29 relating to cyber security cybersecurity , geospatial systems, 30 application development, and information technology and 31 procurement, including but not limited to system design and 32 systems integration, and interoperability, which shall apply to 33 are binding on all participating agencies supported entities 34 except as otherwise provided in this chapter subchapter, 35 -46- LSB 6331YC (1) 90 ns/jh 46/ 103
H.F. _____ and which represent best practices for other governmental 1 entities in the state that are not supported entities . The 2 office department shall implement information technology 3 standards policies as established pursuant to this chapter 4 which subchapter that are applicable to information technology 5 procurements for participating agencies supported entities . 6 g. Providing continuous monitoring through a security 7 operations center for supported entities, which the department 8 may also make available to other governmental entities. 9 e. h. Establishing an enterprise strategic and project 10 management function for oversight of all information 11 technology-related projects and resources of participating 12 agencies supported entities that require prior approval by 13 rule . 14 f. i. (1) Developing and maintaining security policies 15 and systems to ensure the integrity of the states information 16 resources and to prevent the disclosure of confidential 17 records. The office department shall ensure that the security 18 policies and systems be consistent with the states data 19 transparency efforts by developing and implementing policies 20 and systems for the sharing of data and information by 21 participating agencies supported entities . 22 (2) Establishing statewide standards policies , to include 23 periodic review and compliance measures, for information 24 technology security to maximize the functionality, security, 25 and interoperability of the states distributed information 26 technology assets, including but not limited to communications 27 and encryption technologies. 28 (3) Requiring all information technology security services, 29 solutions, hardware, and software purchased or used by a 30 participating agency supported entity to be subject to approval 31 by the office department in accordance with security standards 32 policies . 33 g. j. Developing and implementing effective and efficient 34 strategies for the use and provision of information technology 35 -47- LSB 6331YC (1) 90 ns/jh 47/ 103
H.F. _____ and information technology staff for participating agencies 1 supported entities and other governmental entities. 2 h. k. Coordinating and managing the acquisition of 3 information technology goods and services by participating 4 agencies supported entities in furtherance of the purposes of 5 this chapter subchapter . The office department shall institute 6 procedures to ensure effective and efficient compliance with 7 the applicable standards policies established pursuant to this 8 chapter subchapter . 9 i. Entering into contracts, leases, licensing agreements, 10 royalty agreements, marketing agreements, memorandums of 11 understanding, or other agreements as necessary and appropriate 12 to administer this chapter . 13 l. Selecting the chief information security officer in 14 consultation with the director, and selecting other information 15 technology staff deemed necessary for the administration of the 16 departments information technology functions as provided in 17 this chapter. 18 j. m. Determining and implementing statewide efforts 19 to standardize data elements, determine data ownership 20 assignments, and implement the sharing of data. 21 k. n. Requiring that a participating agency supported 22 entity provide such information as is necessary to establish 23 and maintain an inventory of information technology used by 24 participating agencies, and such participating agency supported 25 entities. A supported entity shall provide such information to 26 the office department in a timely manner . The , in a form and 27 content of the containing information to be provided shall be 28 as determined by the office department . 29 l. o. Requiring participating agencies supported 30 entities to provide the full details of the agencys entitys 31 information technology and operational requirements upon 32 request, report information technology security incidents to 33 the office department in a timely manner, provide comprehensive 34 information concerning the information technology security 35 -48- LSB 6331YC (1) 90 ns/jh 48/ 103
H.F. _____ employed by the agency entity to protect the agencys entitys 1 information technology, and forecast the parameters of the 2 agencys entitys projected future information technology 3 security needs and capabilities. 4 m. p. Charging reasonable fees, costs, expenses, charges, 5 or other amounts to an agency, governmental entity, public 6 official, or person or entity related to the provision, sale, 7 use, or utilization of, or cost sharing with respect to, 8 information technology and any intellectual property interests 9 related thereto; research and development; proprietary 10 hardware, software, and applications; and information 11 technology architecture and design. The office department may 12 enter into nondisclosure agreements and take any other legal 13 action reasonably necessary to secure a right to an interest 14 in information technology development by or on behalf of the 15 state of Iowa and to protect the state of Iowas proprietary 16 information technology and intellectual property interests. 17 The provisions of chapter 23A relating to noncompetition 18 by state agencies and political subdivisions with private 19 enterprise shall do not apply to office department activities 20 authorized under this paragraph. 21 n. q. Charging reasonable fees, costs, expenses, charges, 22 or other amounts to an agency, governmental entity, public 23 official, or other person or entity to or for whom information 24 technology or other services have been provided by or on behalf 25 of, or otherwise made available through, the office department . 26 o. r. Providing, selling, leasing, licensing, transferring, 27 or otherwise conveying or disposing of information technology, 28 or any intellectual property or other rights with respect 29 thereto, to agencies, governmental entities, public officials, 30 or other persons or entities. 31 p. s. Entering into partnerships, contracts, leases, or 32 other agreements with public and private entities for the 33 evaluation and development of information technology pilot 34 projects. 35 -49- LSB 6331YC (1) 90 ns/jh 49/ 103
H.F. _____ q. t. Initiating and supporting the development of 1 electronic commerce, electronic government, and internet 2 applications across participating agencies supported entities 3 and in cooperation with other governmental entities. The 4 office department shall foster joint development of electronic 5 commerce and electronic government involving the public and 6 private sectors, develop customer surveys and citizen outreach 7 and education programs and material, and provide for citizen 8 input regarding the states electronic commerce and electronic 9 government applications. 10 u. Working with all governmental entities in an effort to 11 achieve information technology goals. 12 v. Developing systems and methodologies to review, evaluate, 13 and prioritize information technology projects. 14 w. Streamlining, consolidating, and coordinating the access 15 to and availability of broadband and broadband infrastructure 16 throughout the state, including but not limited to facilitating 17 public-private partnerships, ensuring that all departments 18 and establishments broadband and broadband infrastructure 19 policies are aligned, resolving issues that arise with regard 20 to implementation efforts, and collecting data and developing 21 metrics or policies against which the data may be measured and 22 evaluated regarding broadband infrastructure installation and 23 deployment. 24 x. Administering the broadband grant program pursuant 25 to section 8B.11, and providing technical assistance to 26 communications service providers related to grant applications 27 under section 8B.11. 28 y. Coordinating the fiberoptic network conduit installation 29 program established in section 8B.25. 30 2. Responsibilities. The responsibilities of the office 31 chief information officer as it relates to information 32 technology services include all of the following: 33 a. Coordinate the activities of the office in promoting, 34 integrating, and supporting Promote, integrate, and support 35 -50- LSB 6331YC (1) 90 ns/jh 50/ 103
H.F. _____ information technology in all business aspects of state 1 government. 2 b. Provide for server systems, including mainframe and 3 other server operations, desktop support, and applications 4 integration. 5 c. Provide applications development, support, and training, 6 and advice and assistance in developing and supporting business 7 applications throughout state government. 8 3. Information technology charges. The office department 9 shall render a statement to an agency, governmental entity, 10 public official, or other person or entity to or for whom 11 information technology, value-added services, or other items or 12 services have been provided by or on behalf of, or otherwise 13 made available through, the office department . Such an agency, 14 governmental entity, public official, or other person or entity 15 shall pay an amount indicated on such statement in a manner 16 determined by the office department . 17 Sec. 57. Section 8B.21, subsection 4, Code 2024, is amended 18 by striking the subsection and inserting in lieu thereof the 19 following: 20 4. Exclusion. The department of public defense is not 21 required to obtain any information technology services pursuant 22 to this subchapter where such services involve or impact 23 interconnections with federal networks and systems. 24 Sec. 58. Section 8B.21, subsections 5 and 6, Code 2024, are 25 amended by striking the subsections. 26 Sec. 59. Section 8B.22, Code 2024, is amended to read as 27 follows: 28 8B.22 Digital government. 29 1. The office department is responsible for initiating and 30 supporting the development of electronic commerce, electronic 31 government, mobile applications, and internet applications 32 across participating agencies supported entities and in 33 cooperation with other governmental entities. 34 2. In developing the concept of digital government, the 35 -51- LSB 6331YC (1) 90 ns/jh 51/ 103
H.F. _____ office department shall do all of the following: 1 a. Establish standards policies , consistent with other 2 state law, for the implementation of electronic commerce, 3 including standards policies for the technical implementation 4 of electronic signatures pursuant to chapter 554D , electronic 5 currency, and other items associated with electronic commerce. 6 b. Establish guidelines for the appearance and functioning 7 of applications. 8 c. Establish standards policies for the integration of 9 electronic data across state agencies. 10 d. Foster joint development of electronic commerce and 11 electronic government involving the public and private sectors. 12 e. Develop customer surveys and citizen outreach and 13 education programs and material, and provide for citizen input 14 regarding the states electronic commerce and electronic 15 government applications. 16 f. Assist participating agencies supported entities in 17 converting printed government materials to electronic materials 18 which can be accessed through an internet searchable database. 19 g. Encourage participating agencies supported entities 20 to utilize duplex printing and a print on demand strategy 21 to reduce printing costs, publication overruns, excessive 22 inventory, and obsolete printed materials. 23 Sec. 60. Section 8B.23, Code 2024, is amended to read as 24 follows: 25 8B.23 Information technology standards policies . 26 1. The office department shall develop and adopt 27 information technology standards policies applicable to the 28 procurement of information technology by all participating 29 agencies supported entities . Such standards policies , unless 30 waived by the office department , shall apply to all information 31 technology procurements for participating agencies supported 32 entities . 33 2. The office of the governor or the office of an elective 34 constitutional or statutory officer shall consult with the 35 -52- LSB 6331YC (1) 90 ns/jh 52/ 103
H.F. _____ office department prior to procuring information technology and 1 consider the information technology standards policies adopted 2 by the office department , and provide a written report to the 3 office department relating to the other offices decision 4 regarding such acquisitions. 5 Sec. 61. Section 8B.24, Code 2024, is amended to read as 6 follows: 7 8B.24 Procurement of information technology. 8 1. Standards Policies established by the office department , 9 unless waived by the office department , shall apply to all 10 information technology procurements for participating agencies 11 supported entities . 12 2. The office department shall institute procedures to 13 ensure effective and efficient compliance with standards 14 policies established by the office department . 15 3. The office department shall develop policies and 16 procedures that apply to all information technology goods and 17 services acquisitions, and shall ensure the compliance of 18 all participating agencies supported entities . The office 19 department shall also be the sole provider of infrastructure 20 information technology goods and services for participating 21 agencies supported entities, the sole authority in state 22 government for the procurement of information technology goods 23 and services for supported entities, the sole authority in 24 state government for the establishment of master agreements 25 for information technology goods and services, and the 26 sole authority in state government for determining whether 27 any particular procurement is an information technology 28 procurement . 29 4. The office department , by rule, may implement a 30 prequalification procedure for contractors with which the 31 office department has entered or intends to enter into 32 agreements regarding the procurement of information technology. 33 5. Notwithstanding the provisions governing purchasing as 34 provided in chapter 8A, subchapter III , the office department 35 -53- LSB 6331YC (1) 90 ns/jh 53/ 103
H.F. _____ may procure information technology as provided in this section . 1 The office department may cooperate with other governmental 2 entities in the procurement of information technology in an 3 effort to make such procurements in a cost-effective, efficient 4 manner as provided in this section . The office department , as 5 deemed appropriate and cost effective, may procure information 6 technology using any of the following methods: 7 a. Cooperative procurement agreement. The office department 8 may enter into a cooperative procurement agreement with another 9 governmental entity relating to the procurement of information 10 technology, whether such information technology is for the use 11 of the office department or other governmental entities. The 12 cooperative procurement agreement shall must clearly specify 13 the purpose of the agreement and the method by which such 14 purpose will be accomplished. Any power exercised under such 15 agreement shall not exceed the power granted to any party to 16 the agreement. 17 b. Negotiated contract. The office department may enter 18 into an agreement for the purchase of information technology if 19 any of the following applies apply : 20 (1) The contract price, terms, and conditions are pursuant 21 to the current federal supply contract, and the purchase order 22 adequately identifies the federal supply contract under which 23 the procurement is to be made. 24 (2) The contract price, terms, and conditions are no less 25 favorable than the contractors current federal supply contract 26 price, terms, and conditions; the contractor has indicated 27 in writing a willingness to extend such price, terms, and 28 conditions to the office department ; and the purchase order 29 adequately identifies the contract relied upon. 30 (3) The contract is with a vendor who has a current 31 exclusive or nonexclusive price agreement with the state for 32 the information technology to be procured, and such information 33 technology meets the same standards and specifications as the 34 items to be procured and both all of the following apply: 35 -54- LSB 6331YC (1) 90 ns/jh 54/ 103
H.F. _____ (a) The quantity purchased does not exceed the quantity 1 which may be purchased under the applicable price agreement. 2 (b) The purchase order adequately identifies the price 3 agreement relied upon. 4 c. Contracts let by another governmental entity. The office, 5 on its own behalf or on the behalf of another participating 6 agency or governmental entity, may procure information 7 technology under a contract let by another agency or other 8 governmental entity, or approve such procurement in the same 9 manner by a participating agency or governmental entity. 10 The office, on its own behalf or on the behalf of another 11 participating agency or governmental entity, may also procure 12 information technology by leveraging an existing competitively 13 procured contract, other than a contract associated with the 14 state board of regents or an institution under the control of 15 the state board of regents. The department may contract for 16 information technology by leveraging an existing, competitively 17 procured contract established by any other governmental entity 18 or cooperative purchasing organization. 19 d. Reverse auction. 20 (1) The office department may enter into an agreement for 21 the purchase of information technology utilizing a reverse 22 auction process. Such process shall result in the purchase of 23 information technology from the vendor submitting the lowest 24 responsible bid amount for the information technology to be 25 acquired. The office department , in establishing a reverse 26 auction process, shall do all of the following: 27 (a) Determine the specifications and requirements of the 28 information technology to be acquired. 29 (b) Identify and provide notice to potential vendors 30 concerning the proposed acquisition. 31 (c) Establish prequalification requirements to be met by a 32 vendor to be eligible to participate in the reverse auction. 33 (d) Conduct the reverse auction in a manner as deemed 34 appropriate by the office department and consistent with rules 35 -55- LSB 6331YC (1) 90 ns/jh 55/ 103
H.F. _____ adopted by the office department . 1 (2) Prior to conducting a reverse auction, the office 2 department shall establish a threshold amount which shall be 3 the maximum amount that the office department is willing to pay 4 for the information technology to be acquired. 5 (3) The office department shall enter into an agreement with 6 a vendor who is the lowest responsible bidder which meets the 7 specifications or description of the information technology to 8 be procured, or the office department may reject all bids and 9 begin the process again. In determining the lowest responsible 10 bidder, the office department may consider various factors 11 including but not limited to the past performance of the vendor 12 relative to quality of product or service, the past experience 13 of the office department in relation to the product or service, 14 the relative quality of products or services, the proposed 15 terms of delivery, and the best interest of the state. 16 e. Competitive bidding. The office department may enter 17 into an agreement for the procurement or acquisition of 18 information technology in the same manner as provided under 19 chapter 8A, subchapter III , for the purchasing of service. The 20 department may also contract for the purchase of information 21 technology goods or services using a competitive bidding 22 process that includes a vendor selection process that focuses 23 on realized, efficiency-based competition models. 24 f. Other agreement. In addition to the competitive 25 bidding procedure provided for under paragraph e , the office 26 department may enter into an agreement for the purchase, 27 disposal, or other disposition of information technology in the 28 same manner and subject to the same limitations as otherwise 29 provided in this chapter subchapter . The office, by rule, 30 shall provide for such procedures. 31 6. The office department shall adopt rules pursuant to 32 chapter 17A to implement the procurement methods and procedures 33 provided for in subsections 2 through 5. 34 7. The department may establish and collect administrative 35 -56- LSB 6331YC (1) 90 ns/jh 56/ 103
H.F. _____ fees associated with purchases made from department information 1 technology agreements. The department may retain fees 2 collected under this subsection in a fund created pursuant to 3 section 8.13. 4 Sec. 62. Section 8B.25, subsections 2 and 3, Code 2024, are 5 amended to read as follows: 6 2. The office department shall lead and coordinate a program 7 to provide for the installation of fiberoptic network conduit 8 where such conduit does not exist. The chief information 9 officer director shall consult and coordinate with applicable 10 agencies and entities, including public utilities as defined 11 in section 476.1 , the state department of transportation, the 12 economic development authority, county boards of supervisors, 13 municipal governing bodies, the farm-to-market review board, 14 county conservation boards, and the boards, commissions, or 15 agencies in control of state parks, as determined appropriate 16 to ensure that the opportunity is provided to lay or install 17 fiberoptic network conduit wherever a state-funded construction 18 project involves trenching, boring, a bridge, a roadway, 19 or opening of the ground, or alongside any state-owned 20 infrastructure. 21 3. Contingent upon the provision of funding for such 22 purposes by the general assembly, the office department may 23 contract with a nongovernmental third party to manage, lease, 24 install, or otherwise provide fiberoptic network conduit 25 access for projects described in this section . This section 26 does not require coordination with or approval from the 27 office department pursuant to this program or installation of 28 fiberoptic conduit as required by this section for construction 29 projects not using public funding. 30 Sec. 63. Section 8B.31, subsection 1, Code 2024, is amended 31 to read as follows: 32 1. IowAccess. The office department shall establish 33 IowAccess as a service to the citizens of this state that 34 is the gateway for one-stop electronic access to government 35 -57- LSB 6331YC (1) 90 ns/jh 57/ 103
H.F. _____ information and transactions, whether federal, state, or local. 1 Except as provided in this section , IowAccess shall be a 2 state-funded service providing access to government information 3 and transactions. The office department , in establishing the 4 fees for value-added services, shall consider the reasonable 5 cost of creating and organizing such government information 6 through IowAccess. 7 Sec. 64. Section 8B.31, subsection 2, unnumbered paragraph 8 1, Code 2024, is amended to read as follows: 9 The office department shall do all of the following: 10 Sec. 65. Section 8B.31, subsection 2, paragraph b, 11 unnumbered paragraph 1, Code 2024, is amended to read as 12 follows: 13 Approve and establish the priority of projects associated 14 with IowAccess. The determination may also include 15 requirements concerning funding for a project proposed by 16 a political subdivision of the state or an association, 17 the membership of which is comprised solely of political 18 subdivisions of the state. Prior to approving a project 19 proposed by a political subdivision, the office department 20 shall verify that all of the following conditions are met: 21 Sec. 66. Section 8B.31, subsection 2, paragraph d, Code 22 2024, is amended to read as follows: 23 d. Establish the IowAccess total budget request and 24 ensure that such request reflects the priorities and goals of 25 IowAccess as established by the office department . 26 Sec. 67. Section 8B.32, subsection 1, unnumbered paragraph 27 1, Code 2024, is amended to read as follows: 28 Moneys paid to a participating agency supported entity from 29 persons who complete an electronic financial transaction with 30 the agency entity by accessing IowAccess shall be transferred 31 to the treasurer of state for deposit in the general fund of 32 the state, unless the disposition of the moneys is specifically 33 provided for under other law. The moneys may include all of 34 the following: 35 -58- LSB 6331YC (1) 90 ns/jh 58/ 103
H.F. _____ Sec. 68. Section 8B.33, Code 2024, is amended to read as 1 follows: 2 8B.33 IowAccess revolving fund. 3 1. An IowAccess revolving fund is created in the state 4 treasury. The revolving fund shall be administered by the 5 office department and shall consist of moneys collected by the 6 office department as fees, moneys appropriated by the general 7 assembly, and any other moneys obtained or accepted by the 8 office department for deposit in the revolving fund. The 9 proceeds of the revolving fund are appropriated to and shall be 10 used by the office department to maintain, develop, operate, 11 and expand IowAccess consistent with this chapter subchapter . 12 2. The office department shall submit an annual report not 13 later than January 31 to the members of the general assembly 14 and the legislative services agency of the activities funded 15 by and expenditures made from the revolving fund during the 16 preceding fiscal year. Section 8.33 does not apply to any 17 moneys in the revolving fund, and, notwithstanding section 18 12C.7, subsection 2 , earnings or interest on moneys deposited 19 in the revolving fund shall be credited to the revolving fund. 20 Sec. 69. Section 28D.3, subsection 4, Code 2024, is amended 21 to read as follows: 22 4. Persons employed by the department of management, 23 department of natural resources, department of administrative 24 services, and the or Iowa communications network under 25 this chapter are not subject to the twenty-four-month time 26 limitation specified in subsection 2 . 27 Sec. 70. Section 97B.4, subsection 2, paragraph d, Code 28 2024, is amended by striking the paragraph. 29 Sec. 71. 2021 Iowa Acts, chapter 172, section 28, is amended 30 to read as follows: 31 SEC. 28. REPEAL. The section of this division of this Act 32 amending section 8.58 is repealed July 1, 2025 2027 . 33 Sec. 72. REPEAL. Sections 8.6, 8.25, 8.28, 8.43, 8.53, 34 8.55, 8.59, 8.60, 8.61, 8B.1, 8B.2, 8B.3, 8B.4, 8B.5, 8B.9, and 35 -59- LSB 6331YC (1) 90 ns/jh 59/ 103
H.F. _____ 8B.13, Code 2024, are repealed. 1 Sec. 73. CODE EDITOR DIRECTIVE. For all of the following 2 terminology changes, the Code editor is directed to make 3 changes in any Code sections amended or enacted by any other 4 Act to correspond with the changes made in this division of 5 this Act if there appears to be no doubt as to the proper method 6 of making the changes and the changes would not be contrary to 7 or inconsistent with the purposes of this Act or any other Act: 8 1. Repayment receipts to appropriated receipts. 9 2. Participating agency to supported entity for 10 purposes associated with chapter 8B, Code 2024. 11 Sec. 74. CODE EDITOR DIRECTIVE. 12 1. The Code editor is directed to make the following 13 transfers: 14 a. Section 8.7 to section 68B.22A. 15 b. Section 8.75 to section 8.57J. 16 c. Section 8B.4A to section 8.78. 17 d. Section 8B.6 to section 8.12. 18 e. Section 8B.7 to section 8.7A. 19 f. Section 8B.10 to section 8.79. 20 g. Section 8B.11 to section 8.91. 21 h. Section 8B.12 to section 8.80. 22 i. Section 8B.15 to section 8.81. 23 j. Section 8B.16 to section 8.82. 24 k. Section 8B.21 to section 8.77. 25 l. Section 8B.22 to section 8.83. 26 m. Section 8B.23 to section 8.84. 27 n. Section 8B.24 to section 8.85. 28 o. Section 8B.25 to section 8.86. 29 p. Section 8B.26 to section 8.87. 30 q. Section 8B.31 to section 8.88. 31 r. Section 8B.32 to section 8.89. 32 s. Section 8B.33 to section 8.90. 33 2. The Code editor shall correct internal references in the 34 Code and in any enacted legislation as necessary due to the 35 -60- LSB 6331YC (1) 90 ns/jh 60/ 103
H.F. _____ enactment of this section. 1 3. The Code editor shall designate sections 8.76 through 2 8.99 as a new subchapter within chapter 8. 3 Sec. 75. TRANSFER OF MONEYS. On the effective date of this 4 division of this Act, moneys remaining in the Iowa economic 5 emergency fund created in section 8.55, Code 2024, shall be 6 transferred as follows: 7 1. To the cash reserve fund created in section 8.56 up to 8 the maximum balance of the cash reserve fund as described in 9 section 8.56, as amended by this division of this Act. 10 2. If moneys remain after the transfer under subsection 1, 11 to the general fund of the state. 12 Sec. 76. TRANSITION. Any rule, regulation, form, order, or 13 directive promulgated by the office of the chief information 14 officer shall continue in full force and effect until amended, 15 repealed, or supplemented by affirmative action of the 16 department of management. 17 DIVISION II 18 CONFORMING AMENDMENTS 19 Sec. 77. Section 2.47A, subsection 1, paragraph b, Code 20 2024, is amended to read as follows: 21 b. Receive the reports of all capital project budgeting 22 requests of all state agencies, with individual state agency 23 priorities noted, pursuant to section 8.6 8.5 , subsection 12 . 24 Sec. 78. Section 7D.29, subsection 1, paragraphs a and b, 25 Code 2024, are amended to read as follows: 26 a. From the appropriation made from the Iowa economic 27 emergency cash reserve fund in section 8.55 8.56 for purposes 28 of paying such expenses. 29 b. To the extent the appropriation from the Iowa economic 30 emergency cash reserve fund described in paragraph a is 31 insufficient to pay such expenses, there is appropriated 32 from moneys in the general fund of the state not otherwise 33 appropriated the amount necessary to fund that deficiency. 34 Sec. 79. Section 8A.101, unnumbered paragraph 1, Code 2024, 35 -61- LSB 6331YC (1) 90 ns/jh 61/ 103
H.F. _____ is amended to read as follows: 1 As used in this chapter and chapter 8B , unless the context 2 otherwise requires: 3 Sec. 80. Section 8A.104, subsection 7, Code 2024, is amended 4 by striking the subsection. 5 Sec. 81. Section 8A.123, subsection 1, Code 2024, is amended 6 to read as follows: 7 1. Activities of the department shall be accounted 8 for within the general fund of the state, except that the 9 director may establish and maintain internal service funds , 10 in accordance with generally accepted accounting principles, 11 as defined in section 8.57, subsection 4 , for activities of 12 the department which are primarily funded from billings to 13 governmental entities for services rendered by the department. 14 The establishment of an internal service fund is subject to 15 the approval of the director of the department of management 16 and the concurrence of the auditor of state. At least ninety 17 days prior to the establishment of an internal service fund 18 pursuant to this section , the director shall notify in writing 19 the general assembly, including the legislative council, 20 legislative fiscal committee, and the legislative services 21 agency. 22 Sec. 82. Section 8A.125, subsection 1, Code 2024, is amended 23 to read as follows: 24 1. The director may bill a governmental entity for services 25 rendered by the department in accordance with the duties 26 of the department as provided in this chapter . Bills may 27 include direct, indirect, and developmental costs which have 28 not been funded by an appropriation to the department. The 29 department shall periodically render a billing statement to a 30 governmental entity outlining the cost of services provided to 31 the governmental entity. The amount indicated on the statement 32 shall be paid by the governmental entity and amounts received 33 by the department shall be considered repayment appropriated 34 receipts as defined in section 8.2 , and deposited into the 35 -62- LSB 6331YC (1) 90 ns/jh 62/ 103
H.F. _____ accounts of the department. 1 Sec. 83. Section 8A.502, subsection 7, Code 2024, is amended 2 to read as follows: 3 7. Accounts. To keep the central budget and proprietary 4 control accounts of the general fund of the state and special 5 revenue funds, as defined in section 8.2 , of the state 6 government. Upon elimination of the state deficit under 7 generally accepted accounting principles, including the payment 8 of items budgeted in a subsequent fiscal year which under 9 generally accepted accounting principles should be budgeted 10 in the current fiscal year, the The recognition of revenues 11 received and expenditures paid and transfers received and paid 12 within the time period required pursuant to section 8.33 shall 13 be in accordance with generally accepted accounting principles. 14 Budget accounts are those accounts maintained to control 15 the receipt and disposition of all funds, appropriations, 16 and allotments. Proprietary accounts are those accounts 17 relating to assets, liabilities, income, and expense. For each 18 fiscal year, the financial position and results of operations 19 of the state shall be reported in an annual comprehensive 20 financial report prepared in accordance with generally accepted 21 accounting principles, as established by the governmental 22 accounting standards board. 23 Sec. 84. Section 8A.502, subsection 8, paragraph b, Code 24 2024, is amended to read as follows: 25 b. By charging all collections made by the educational 26 institutions and state fair board to the respective advance 27 accounts of the institutions and state fair board, and by 28 crediting all such repayment collections appropriated receipts 29 to the respective appropriations and special revenue funds. 30 Sec. 85. Section 8D.3, subsection 2, paragraph b, Code 2024, 31 is amended to read as follows: 32 b. The auditor of state or the auditors designee and the 33 chief information officer selected designated pursuant to 34 section 8B.2 8.5 or the chief information officers designee 35 -63- LSB 6331YC (1) 90 ns/jh 63/ 103
H.F. _____ shall serve as nonvoting, ex officio members of the commission. 1 Sec. 86. Section 10A.107, Code 2024, is amended to read as 2 follows: 3 10A.107 Repayment Appropriated receipts. 4 The department may charge state departments, agencies, and 5 commissions for services rendered and the payment received 6 shall be considered repayment appropriated receipts as defined 7 in section 8.2 . 8 Sec. 87. Section 10A.503, subsection 2, Code 2024, is 9 amended to read as follows: 10 2. The department and the licensing boards referenced in 11 subsection 1 may expend funds in addition to amounts budgeted, 12 if those additional expenditures are directly the result of 13 actual examination and exceed funds budgeted for examinations. 14 Before the department or a licensing board expends or encumbers 15 an amount in excess of the funds budgeted for examinations, 16 the director of the department of management shall approve the 17 expenditure or encumbrance. Before approval is given, the 18 department of management shall determine that the examination 19 expenses exceed the funds budgeted by the general assembly to 20 the department or board and the department or board does not 21 have other funds from which examination expenses can be paid. 22 Upon approval of the department of management, the department 23 or licensing board may expend and encumber funds for excess 24 examination expenses. The amounts necessary to fund the excess 25 examination expenses shall be collected as fees from additional 26 examination applicants and shall be treated as repayment 27 appropriated receipts as defined in section 8.2 . 28 Sec. 88. Section 10A.506, subsection 4, Code 2024, is 29 amended to read as follows: 30 4. The department may expend additional funds, including 31 funds for additional personnel, if those additional 32 expenditures are directly the cause of actual examination 33 expenses exceeding funds budgeted for examinations. Before 34 the department expends or encumbers an amount in excess of 35 -64- LSB 6331YC (1) 90 ns/jh 64/ 103
H.F. _____ the funds budgeted for examinations, the director of the 1 department of management shall approve the expenditure or 2 encumbrance. Before approval is given, the director of the 3 department of management shall determine that the examination 4 expenses exceed the funds budgeted by the general assembly to 5 the department and the department does not have other funds 6 from which the expenses can be paid. Upon approval of the 7 director of the department of management, the department may 8 expend and encumber funds for excess examination expenses. The 9 amounts necessary to fund the examination expenses shall be 10 collected as fees from additional examination applicants and 11 shall be treated as repayment appropriated receipts as defined 12 in section 8.2 , subsection 8 . 13 Sec. 89. Section 10A.801, subsection 9, Code 2024, is 14 amended to read as follows: 15 9. The division may charge agencies for services rendered 16 and the payment received shall be considered repayment 17 appropriated receipts as defined in section 8.2 . 18 Sec. 90. Section 10A.902, subsection 5, Code 2024, is 19 amended to read as follows: 20 5. The department shall adopt rules regarding minimum 21 requirements for lead inspector, lead abater, and lead-safe 22 renovator training programs, certification, work practice 23 standards, and suspension and revocation requirements, and 24 shall implement the training and certification programs. Rules 25 adopted pursuant to this subsection shall comply with chapter 26 272C . The department shall seek federal funding and shall 27 establish fees in amounts sufficient to defray the cost of the 28 programs. The fees shall be used for any of the departments 29 duties under this subchapter , including but not limited 30 to the costs of full-time equivalent positions for program 31 services and investigations. Fees received shall be considered 32 repayment appropriated receipts as defined in section 8.2 . 33 Sec. 91. Section 11.5B, subsection 14, Code 2024, is amended 34 by striking the subsection. 35 -65- LSB 6331YC (1) 90 ns/jh 65/ 103
H.F. _____ Sec. 92. Section 12.89, subsection 2, paragraph b, Code 1 2024, is amended to read as follows: 2 b. The revenues required to be deposited into the fund 3 pursuant to section 8.57, subsection 5 , paragraph e , 4 subparagraphs (1) and (2) f . 5 Sec. 93. Section 12.89A, subsection 2, paragraph a, Code 6 2024, is amended to read as follows: 7 a. The revenues required to be deposited in the fund 8 pursuant to section 8.57, subsection 5 , paragraph e , 9 subparagraphs (1) and (2) f . 10 Sec. 94. Section 13B.8, subsection 4, paragraph b, Code 11 2024, is amended to read as follows: 12 b. The state public defender may enter into agreements with 13 the office of the chief information officer created in chapter 14 8B department of management to provide or procure suitable 15 computer networks and other information technology services 16 to or for each office of the state public defender, including 17 the central administrative office and the office of the state 18 appellate defender, and to each office of the local public 19 defender. 20 Sec. 95. Section 15E.167, subsection 1, paragraphs a and b, 21 Code 2024, are amended to read as follows: 22 a. Broadband means the same as defined in section 8B.1 23 8.2 . 24 b. Broadband infrastructure means the same as defined in 25 section 8B.1 8.2 . 26 Sec. 96. Section 15E.311, subsection 3, paragraph a, Code 27 2024, is amended to read as follows: 28 a. At the end of each fiscal year, moneys in the fund 29 shall be transferred into separate accounts within the fund 30 and designated for use by each county in which no licensee 31 authorized to conduct gambling games under chapter 99F was 32 located during that fiscal year. Moneys transferred to 33 county accounts shall be divided equally among the counties. 34 Moneys transferred into an account for a county shall be 35 -66- LSB 6331YC (1) 90 ns/jh 66/ 103
H.F. _____ transferred by the department to an eligible county recipient 1 for that county. Of the moneys transferred, an eligible county 2 recipient shall distribute seventy-five percent of the moneys 3 as grants to charitable organizations for charitable purposes 4 in that county and shall retain twenty-five percent of the 5 moneys for use in establishing a permanent endowment fund 6 for the benefit of charitable organizations for charitable 7 purposes. In addition, of the moneys transferred from moneys 8 appropriated to the fund from the sports wagering receipts fund 9 created in section 8.57, subsection 6, 8.57I and distributed, 10 eligible county recipients shall give consideration for grants, 11 upon application, to a charitable organization that operates 12 a racetrack facility that conducts automobile races in that 13 county. Of the amounts distributed, eligible county recipients 14 shall give special consideration to grants for projects that 15 include significant vertical infrastructure components designed 16 to enhance quality of life aspects within local communities. 17 In addition, as a condition of receiving a grant, the governing 18 body of a charitable organization receiving a grant shall 19 approve all expenditures of grant moneys and shall allow a 20 state audit of expenditures of all grant moneys. 21 Sec. 97. Section 16.50, subsection 1, Code 2024, is amended 22 to read as follows: 23 1. A workforce housing assistance grant fund is created 24 under the control of the authority. The fund shall consist of 25 appropriations made to the fund. The fund shall be separate 26 from the general fund of the state and the balance in the fund 27 shall not be considered part of the balance of the general fund 28 of the state. However, the fund shall be considered a special 29 account for the purposes of section 8.53 , relating to generally 30 accepted accounting principles. 31 Sec. 98. Section 16.81, subsection 2, paragraph d, Code 32 2024, is amended to read as follows: 33 d. The amount of application fees collected by the 34 authority under this subsection shall be considered repayment 35 -67- LSB 6331YC (1) 90 ns/jh 67/ 103
H.F. _____ appropriated receipts as defined in section 8.2 . 1 Sec. 99. Section 17A.6B, subsection 1, Code 2024, is amended 2 to read as follows: 3 1. The office of the chief information officer department of 4 management shall establish and maintain a user-friendly state 5 services fee database and internet site for use by the public. 6 Each agency shall make available through the internet site the 7 current fees, rates, and charges imposed by the agency on the 8 public. 9 Sec. 100. Section 20.33, Code 2024, is amended to read as 10 follows: 11 20.33 Retention of costs and fees. 12 1. All moneys paid in advance by the board and subsequently 13 taxed as a cost to a party or parties pursuant to section 20.6, 14 subsection 6 , and section 20.11, subsection 3 , shall, when 15 reimbursed by the party or parties taxed under those sections, 16 be retained by the board as repayment appropriated receipts , as 17 defined in section 8.2, and used exclusively to offset the cost 18 of the certified shorthand reporter reporting the proceeding 19 and of any transcript requested by the board. 20 2. All fees established and collected by the board pursuant 21 to section 20.6, subsection 7 , shall be retained by the board 22 as repayment appropriated receipts , as defined in section 8.2, 23 and used exclusively for the purpose of covering the cost of 24 elections required pursuant to section 20.15 , including payment 25 for the services of any vendor retained by the board to conduct 26 or assist in the conduct of such an election. 27 Sec. 101. Section 22.3A, subsection 2, paragraph f, 28 unnumbered paragraph 1, Code 2024, is amended to read as 29 follows: 30 A government body may establish payment rates and procedures 31 required to provide access to data processing software, 32 regardless of whether the data processing software is separated 33 from or combined with a public record. Proceeds from payments 34 may be considered repayment appropriated receipts, as defined 35 -68- LSB 6331YC (1) 90 ns/jh 68/ 103
H.F. _____ in section 8.2 . The payment amount shall be calculated as 1 follows: 2 Sec. 102. Section 23A.2, subsection 8, paragraph o, Code 3 2024, is amended to read as follows: 4 o. The performance of an activity authorized pursuant to 5 section 8B.21, subsection 1 , paragraph m p . 6 Sec. 103. Section 29C.8, subsection 5, Code 2024, is amended 7 to read as follows: 8 5. The department may charge fees for the repair, 9 calibration, or maintenance of radiological detection equipment 10 and may expend funds in addition to funds budgeted for the 11 servicing of the radiological detection equipment. The 12 department shall adopt rules pursuant to chapter 17A providing 13 for the establishment and collection of fees for radiological 14 detection equipment repair, calibration, or maintenance 15 services and for entering into agreements with other public and 16 private entities to provide the services. Fees collected for 17 repair, calibration, or maintenance services shall be treated 18 as repayment appropriated receipts as defined in section 19 8.2 and shall be used for the operation of the departments 20 radiological maintenance facility or radiation incident 21 response training. 22 Sec. 104. Section 35D.7, subsection 2, Code 2024, is amended 23 to read as follows: 24 2. Sums paid to and received by the department for the 25 support of members of the home shall be considered repayment 26 appropriated receipts as defined in section 8.2 and credited to 27 the Iowa veterans home account referred to in section 35D.18, 28 subsection 3 . 29 Sec. 105. Section 35D.18, subsection 3, unnumbered 30 paragraph 1, Code 2024, is amended to read as follows: 31 Revenues received that are attributed to the Iowa veterans 32 home during a fiscal year shall be credited to the Iowa 33 veterans home account and shall be considered repayment 34 appropriated receipts as defined in section 8.2 , including but 35 -69- LSB 6331YC (1) 90 ns/jh 69/ 103
H.F. _____ not limited to all of the following: 1 Sec. 106. Section 35D.18, subsection 4, Code 2024, is 2 amended by striking the subsection. 3 Sec. 107. Section 68A.405A, subsection 1, paragraph a, 4 unnumbered paragraph 1, Code 2024, is amended to read as 5 follows: 6 Except as provided in sections 29C.3 and 29C.6 , a statewide 7 elected official or member of the general assembly shall not 8 permit the expenditure of public moneys under the control 9 of the statewide elected official or member of the general 10 assembly, including but not limited to moneys held in a private 11 purpose trust fund as defined by section 8.2 , for the purpose 12 of any paid advertisement or promotion bearing the written 13 name, likeness, or voice of the statewide elected official or 14 member of the general assembly distributed through any of the 15 following means: 16 Sec. 108. Section 68A.405A, subsection 2, Code 2024, is 17 amended to read as follows: 18 2. A person who willfully violates this section shall be 19 subject to a civil penalty of an amount up to the amount of 20 moneys withdrawn from a public account or private purpose trust 21 fund as defined in section 8.2 used to fund the communication 22 found to be in violation of this section by the board or, for 23 members of the general assembly, by an appropriate legislative 24 ethics committee. A penalty imposed pursuant to this section 25 shall be paid by the candidates committee. Such penalty shall 26 be determined and assessed by the board or, for a member of the 27 general assembly, the appropriate legislative ethics committee, 28 and paid into the account from which such moneys were 29 withdrawn. Additional criminal or civil penalties available 30 under section 68A.701 or established by the board pursuant to 31 section 68B.32A may also be determined and assessed by the 32 board for violations of this section . Nothing in this section 33 shall prevent the imposition of any penalty or sanction for a 34 violation of this section by a legislative ethics committee. 35 -70- LSB 6331YC (1) 90 ns/jh 70/ 103
H.F. _____ Sec. 109. Section 80.28, subsection 2, paragraph a, 1 subparagraph (7), Code 2024, is amended to read as follows: 2 (7) One member representing the office of the chief 3 information officer created in section 8B.2 department of 4 management . 5 Sec. 110. Section 80B.15, subsection 2, Code 2024, is 6 amended to read as follows: 7 2. The director of the academy shall assess a fee for 8 use of law enforcement media resources supplied or loaned by 9 the academy. The fees shall be established by rules adopted 10 pursuant to chapter 17A . The fees shall be considered as 11 repayment appropriated receipts , as defined in section 8.2 . 12 Sec. 111. Section 80B.19, subsection 1, Code 2024, is 13 amended to read as follows: 14 1. Activities of the academy shall be accounted for within 15 the general fund of the state, except the academy may establish 16 and maintain an internal training clearing fund , in accordance 17 with generally accepted accounting principles, as defined in 18 section 8.57, subsection 4 , for activities of the academy 19 which are primarily from billings to governmental entities for 20 services rendered by the academy. 21 Sec. 112. Section 84A.5, subsection 9, Code 2024, is amended 22 to read as follows: 23 9. The director of the department of workforce development 24 may adopt rules pursuant to chapter 17A to charge and collect 25 fees for enhanced or value-added services provided by the 26 department of workforce development which are not required by 27 law to be provided by the department and are not generally 28 available from the department of workforce development. Fees 29 shall not be charged to provide a free public labor exchange. 30 Fees established by the director of the department of workforce 31 development shall be based upon the costs of administering the 32 service, with due regard to the anticipated time spent, and 33 travel costs incurred, by personnel performing the service. 34 The collection of fees authorized by this subsection shall 35 -71- LSB 6331YC (1) 90 ns/jh 71/ 103
H.F. _____ be treated as repayment appropriated receipts as defined in 1 section 8.2 . 2 Sec. 113. Section 99D.14, subsection 2, paragraphs b and c, 3 Code 2024, are amended to read as follows: 4 b. Notwithstanding sections 8.60 and section 99D.17 , the 5 portion of the fee paid pursuant to paragraph a relating 6 to the costs of special agents plus any direct and indirect 7 support costs for the agents, for the division of criminal 8 investigations racetrack activities, shall be deposited 9 into the gaming enforcement revolving fund established in 10 section 80.43 . However, the department of public safety shall 11 transfer, on an annual basis, the portion of the regulatory 12 fee attributable to the indirect support costs of the special 13 agents to the general fund of the state. 14 c. Notwithstanding sections 8.60 and section 99D.17 , the 15 portion of the fee paid pursuant to paragraph a relating to 16 the costs of the commission shall be deposited into the gaming 17 regulatory revolving fund established in section 99F.20 . 18 Sec. 114. Section 99D.17, Code 2024, is amended to read as 19 follows: 20 99D.17 Use of funds. 21 Funds received pursuant to sections 99D.14 and 99D.15 22 shall be deposited as provided in section 8.57, subsection 23 5 , and shall be subject to the requirements of section 8.60 . 24 These funds shall first be used to the extent appropriated 25 by the general assembly. The commission is subject to the 26 budget requirements of chapter 8 and the applicable auditing 27 requirements and procedures of chapter 11 . 28 Sec. 115. Section 99D.22, subsection 3, paragraph d, Code 29 2024, is amended to read as follows: 30 d. Establish a registration fee imposed on each horse which 31 is a thoroughbred, quarter horse, or standardbred which shall 32 be paid by the breeder of the horse. The department shall not 33 impose the registration fee more than once on each horse. The 34 amount of the registration fee shall not exceed thirty dollars. 35 -72- LSB 6331YC (1) 90 ns/jh 72/ 103
H.F. _____ The moneys paid to the department from registration fees shall 1 be considered repayment appropriated receipts as defined in 2 section 8.2 , and shall be used for the administration and 3 enforcement of this subsection . 4 Sec. 116. Section 99D.22, subsection 4, paragraph b, Code 5 2024, is amended to read as follows: 6 b. The moneys paid to the department from registration fees 7 as provided in paragraph a shall be considered repayment 8 appropriated receipts as defined in section 8.2 , and shall be 9 used for the administration and enforcement of programs for the 10 promotion of native dogs. 11 Sec. 117. Section 99E.5, subsection 3, Code 2024, is amended 12 to read as follows: 13 3. The annual license fee to conduct internet fantasy sports 14 contests shall be one thousand dollars or, for a licensed 15 internet fantasy sports contest service provider with total 16 annual internet fantasy sports contest adjusted revenues for 17 the year prior to the annual license fee renewal date of 18 one hundred fifty thousand dollars or greater, five thousand 19 dollars. Moneys collected by the commission from the license 20 fees paid under this section shall be considered repayment 21 appropriated receipts as defined in section 8.2 . 22 Sec. 118. Section 99E.5, subsection 4, paragraph c, Code 23 2024, is amended to read as follows: 24 c. Notwithstanding section 8.60 , the The portion of the 25 fee paid pursuant to paragraph a relating to the costs of 26 the commission shall be deposited into the gaming regulatory 27 revolving fund established in section 99F.20 . 28 Sec. 119. Section 99E.6, subsection 2, Code 2024, is amended 29 to read as follows: 30 2. The taxes imposed by this section for internet fantasy 31 sports contests authorized under this chapter shall be paid by 32 the internet fantasy sports contest service provider to the 33 treasurer of state as determined by the commission and shall be 34 credited as provided in section 8.57, subsection 6 8.57I . 35 -73- LSB 6331YC (1) 90 ns/jh 73/ 103
H.F. _____ Sec. 120. Section 99F.4, subsections 2 and 27, Code 2024, 1 are amended to read as follows: 2 2. To license qualified sponsoring organizations, to 3 license the operators of excursion gambling boats, to identify 4 occupations engaged in the administration, control, and conduct 5 of gambling games and sports wagering which require licensing, 6 and to adopt standards for licensing the occupations including 7 establishing fees for the occupational licenses and licenses 8 for qualified sponsoring organizations. The fees shall be 9 paid to the commission and deposited in the general fund of 10 the state. All revenue received by the commission under 11 this chapter from license fees and regulatory fees shall be 12 deposited in the general fund of the state and shall be subject 13 to the requirements of section 8.60 . 14 27. To adopt standards under which all sports wagering is 15 conducted, including the scope and type of wagers allowed, 16 to identify occupations within sports wagering which require 17 licensing, and to adopt standards for licensing and background 18 qualifications for occupations including establishing fees 19 for the occupational license. All revenue received by the 20 commission under this chapter from license fees shall be 21 deposited in the general fund of the state and shall be subject 22 to the requirements of section 8.60 . All revenue received by 23 the commission from regulatory fees shall be deposited into the 24 gaming regulatory revolving fund established in section 99F.20 . 25 Sec. 121. Section 99F.10, subsection 4, paragraphs b and c, 26 Code 2024, are amended to read as follows: 27 b. Notwithstanding sections 8.60 and section 99F.4 , the 28 portion of the fee paid pursuant to paragraph a relating to 29 the costs of special agents and officers plus any direct and 30 indirect support costs for the agents and officers, for the 31 division of criminal investigations excursion gambling boat 32 or gambling structure activities, shall be deposited into the 33 gaming enforcement revolving fund established in section 80.43 . 34 However, the department of public safety shall transfer, on an 35 -74- LSB 6331YC (1) 90 ns/jh 74/ 103
H.F. _____ annual basis, the portion of the regulatory fee attributable 1 to the indirect support costs of the special agents and gaming 2 enforcement officers to the general fund of the state. 3 c. Notwithstanding sections 8.60 and section 99F.4 , the 4 portion of the fee paid pursuant to paragraph a relating to 5 the costs of the commission shall be deposited into the gaming 6 regulatory revolving fund established in section 99F.20 . 7 Sec. 122. Section 99F.11, subsection 5, paragraph b, Code 8 2024, is amended to read as follows: 9 b. The taxes imposed by this subsection for sports wagering 10 authorized under this chapter shall be paid by the licensed 11 operator to the treasurer of state as determined by the 12 commission and shall be credited as provided in section 8.57, 13 subsection 6 8.57I . 14 Sec. 123. Section 99G.39, subsection 6, paragraph a, Code 15 2024, is amended to read as follows: 16 a. Notwithstanding subsection 1 , if gaming revenues under 17 sections 99D.17 and 99F.11 are insufficient in a fiscal year to 18 meet the total amount of such revenues directed to be deposited 19 in the vision Iowa fund during the fiscal year pursuant to 20 section 8.57, subsection 5 , paragraph e f , the difference 21 shall be paid from lottery revenues prior to deposit of the 22 lottery revenues in the general fund, transfer of lottery 23 revenues to the veterans trust fund as provided in subsection 24 3 , and the transfer of lottery revenues to the public safety 25 survivor benefits fund as provided in subsection 4 . If 26 lottery revenues are insufficient during the fiscal year to pay 27 the difference, the remaining difference shall be paid from 28 lottery revenues prior to deposit of lottery revenues in the 29 general fund, the transfer of lottery revenues to the veterans 30 trust fund as provided in subsection 3 , and the transfer of 31 lottery revenues to the public safety survivor benefits fund 32 as provided in subsection 4 in subsequent fiscal years as such 33 revenues become available. 34 Sec. 124. Section 100B.4, subsection 2, Code 2024, is 35 -75- LSB 6331YC (1) 90 ns/jh 75/ 103
H.F. _____ amended to read as follows: 1 2. Notwithstanding section 8.33 , repayment appropriated 2 receipts , as defined in section 8.2, collected by the division 3 of state fire marshal for the fire service training bureau 4 that remain unencumbered or unobligated at the close of the 5 fiscal year shall not revert but shall remain available for 6 expenditure for the purposes designated until the close of the 7 succeeding fiscal year. 8 Sec. 125. Section 100C.9, subsection 1, Code 2024, is 9 amended to read as follows: 10 1. All fees assessed pursuant to this chapter shall be 11 retained as repayment appropriated receipts , as defined in 12 section 8.2, by the department and such fees received shall 13 be used exclusively to offset the costs of administering this 14 chapter . 15 Sec. 126. Section 100D.7, subsection 2, Code 2024, is 16 amended to read as follows: 17 2. All fees assessed pursuant to this chapter shall be 18 retained as repayment appropriated receipts , as defined in 19 section 8.2, by the department and such fees received shall 20 be used exclusively to offset the costs of administering this 21 chapter . 22 Sec. 127. Section 123.17, subsection 3, Code 2024, is 23 amended to read as follows: 24 3. Notwithstanding subsection 2 , if gaming revenues under 25 sections 99D.17 and 99F.11 are insufficient in a fiscal year to 26 meet the total amount of such revenues directed to be deposited 27 in the revenue bonds debt service fund and the revenue bonds 28 federal subsidy holdback fund during the fiscal year pursuant 29 to section 8.57, subsection 5 , paragraph e f , the difference 30 shall be paid from moneys deposited in the beer and liquor 31 control fund prior to transfer of such moneys to the general 32 fund pursuant to subsection 2 and prior to the transfer of such 33 moneys pursuant to subsections 5 and 6 . If moneys deposited in 34 the beer and liquor control fund are insufficient during the 35 -76- LSB 6331YC (1) 90 ns/jh 76/ 103
H.F. _____ fiscal year to pay the difference, the remaining difference 1 shall be paid from moneys deposited in the beer and liquor 2 control fund in subsequent fiscal years as such moneys become 3 available. 4 Sec. 128. Section 124.553, subsection 6, Code 2024, is 5 amended to read as follows: 6 6. The board shall not charge a fee to a pharmacy, 7 pharmacist, veterinarian, or prescribing practitioner for the 8 establishment, maintenance, or administration of the program, 9 including costs for forms required to submit information to or 10 access information from the program, except that the board may 11 charge a fee to an individual who requests the individuals own 12 program information. A fee charged pursuant to this subsection 13 shall not exceed the actual cost of providing the requested 14 information and shall be considered a repayment receipt 15 appropriated receipts as defined in section 8.2 . 16 Sec. 129. Section 124E.10, Code 2024, is amended to read as 17 follows: 18 124E.10 Fees. 19 All fees collected by the department under this chapter 20 shall be retained by the department for operation of the 21 medical cannabidiol registration card program and the medical 22 cannabidiol manufacturer and medical cannabidiol dispensary 23 licensing programs. The moneys retained by the department 24 shall be considered repayment appropriated receipts as defined 25 in section 8.2 and shall be used for any of the departments 26 duties under this chapter , including but not limited to the 27 addition of full-time equivalent positions for program services 28 and investigations. Notwithstanding section 8.33 , moneys 29 retained by the department pursuant to this section shall 30 not revert to the general fund of the state but shall remain 31 available for expenditure only for the purposes specified in 32 this section . 33 Sec. 130. Section 124E.19, subsection 1, paragraph b, Code 34 2024, is amended to read as follows: 35 -77- LSB 6331YC (1) 90 ns/jh 77/ 103
H.F. _____ b. The department shall charge an applicant for a medical 1 cannabidiol manufacturer license or a medical cannabidiol 2 dispensary license a fee determined by the department of public 3 safety and adopted by the department by rule to defray the 4 costs associated with background investigations conducted 5 pursuant to the requirements of this section . The fee shall 6 be in addition to any other fees charged by the department. 7 The fee may be retained by the department of public safety and 8 shall be considered repayment appropriated receipts as defined 9 in section 8.2 . 10 Sec. 131. Section 135C.7, subsection 2, Code 2024, is 11 amended to read as follows: 12 2. In addition to the license fees listed in this section , 13 there shall be an annual assessment assessed to each licensee 14 in an amount to cover the cost of independent reviewers 15 provided pursuant to section 135C.42 . The department shall, in 16 consultation with licensees, establish the assessment amount 17 by rule based on the award of a request for proposals. The 18 assessment shall be retained by the department as a repayment 19 receipt appropriated receipts as defined in section 8.2 and 20 used for the purpose of paying the cost of the independent 21 reviewers. 22 Sec. 132. Section 135Q.2, subsection 1, Code 2024, is 23 amended to read as follows: 24 1. A health care employment agency operating in the state 25 shall register annually with the department. Each separate 26 location of a health care employment agency shall register 27 annually with and pay an annual registration fee of five 28 hundred dollars to the department. The department shall issue 29 each location a separate certification of registration upon 30 approval of registration and payment of the fee. The annual 31 registration fees shall be retained by the department as 32 repayment appropriated receipts as defined in section 8.2 . 33 Sec. 133. Section 135R.3, subsection 4, Code 2024, is 34 amended to read as follows: 35 -78- LSB 6331YC (1) 90 ns/jh 78/ 103
H.F. _____ 4. The fees collected under this section shall be considered 1 repayment appropriated receipts as defined in section 8.2 and 2 shall be used by the department to administer this chapter . 3 Sec. 134. Section 136C.10, subsection 4, Code 2024, is 4 amended to read as follows: 5 4. Fees collected pursuant to this section shall be retained 6 by the department, shall be considered repayment appropriated 7 receipts as defined in section 8.2 , and shall be used for the 8 purposes described in this section , including but not limited 9 to the addition of full-time equivalent positions for program 10 services and investigations. Notwithstanding section 8.33 , 11 moneys retained by the department pursuant to this subsection 12 are not subject to reversion to the general fund of the state. 13 Sec. 135. Section 147A.6, subsection 1, Code 2024, is 14 amended to read as follows: 15 1. The department, upon initial application and receipt 16 of the prescribed initial application fee, shall issue 17 a certificate to an individual who has met all of the 18 requirements for emergency medical care provider certification 19 established by the rules adopted under section 147A.4, 20 subsection 2 . All fees received pursuant to this section shall 21 be retained by the department. The moneys retained by the 22 department shall be used for any of the departments duties 23 under this chapter , including but not limited to the addition 24 of full-time equivalent positions for program services and 25 investigations. Revenues retained by the department pursuant 26 to this section shall be considered repayment appropriated 27 receipts as defined in section 8.2 . Notwithstanding section 28 8.33 , moneys retained by the department pursuant to this 29 section are not subject to reversion to the general fund of the 30 state. 31 Sec. 136. Section 155A.40, subsection 2, Code 2024, is 32 amended to read as follows: 33 2. A request for criminal history data shall be submitted 34 to the department of public safety, division of criminal 35 -79- LSB 6331YC (1) 90 ns/jh 79/ 103
H.F. _____ investigation, pursuant to section 692.2, subsection 1 . 1 The board may also require such applicants, licensees, and 2 registrants to provide a full set of fingerprints, in a form 3 and manner prescribed by the board. Such fingerprints may 4 be submitted to the federal bureau of investigation through 5 the state criminal history repository for a national criminal 6 history check. The board may authorize alternate methods or 7 sources for obtaining criminal history record information. The 8 board may, in addition to any other fees, charge and collect 9 such amounts as may be incurred by the board, the department 10 of public safety, or the federal bureau of investigation in 11 obtaining criminal history information. Amounts collected 12 shall be considered repayment appropriated receipts as defined 13 in section 8.2 . 14 Sec. 137. Section 162.2B, subsection 2, Code 2024, is 15 amended to read as follows: 16 2. The department shall retain all fees that it collects 17 under this section for the exclusive purpose of administering 18 and enforcing the provisions of this chapter . The fees shall 19 be considered repayment appropriated receipts as defined in 20 section 8.2 . The general assembly shall appropriate moneys 21 to the department each state fiscal year necessary for the 22 administration and enforcement of this chapter . 23 Sec. 138. Section 192.111, subsection 3, Code 2024, is 24 amended to read as follows: 25 3. Fees collected under this section and section 194.20 26 shall be deposited in the general fund of the state. All 27 moneys deposited under this section are appropriated to the 28 department for the costs of inspection, sampling, analysis, and 29 other expenses necessary for the administration of this chapter 30 and chapter 194 , and shall be subject to the requirements of 31 section 8.60 . 32 Sec. 139. Section 198.9, subsection 3, Code 2024, is amended 33 to read as follows: 34 3. Fees collected shall be deposited in the general fund of 35 -80- LSB 6331YC (1) 90 ns/jh 80/ 103
H.F. _____ the state and shall be subject to the requirements of section 1 8.60 . Moneys deposited under this section shall be used for 2 the payment of the costs of inspection, sampling, analysis, 3 supportive research, and other expenses necessary for the 4 administration of this chapter . 5 Sec. 140. Section 200.9, Code 2024, is amended to read as 6 follows: 7 200.9 Fertilizer fees. 8 Fees collected for licenses and inspection fees under 9 sections 200.4 and 200.8 , with the exception of those fees 10 collected for deposit in the agriculture management account 11 of the groundwater protection fund, shall be deposited 12 in the general fund of the state and shall be subject to 13 the requirements of section 8.60 . Moneys deposited under 14 this section to the general fund shall be used only by the 15 department for the purpose of inspection, sampling, analysis, 16 preparation, and publishing of reports and other expenses 17 necessary for administration of this chapter . The secretary 18 may assign moneys to the Iowa agricultural experiment station 19 for research, work projects, and investigations as needed for 20 the specific purpose of improving the regulatory functions for 21 enforcement of this chapter . 22 Sec. 141. Section 201A.11, Code 2024, is amended to read as 23 follows: 24 201A.11 Fees and appropriation. 25 Fees collected under this chapter shall be deposited 26 in the general fund of the state and shall be subject to 27 the requirements of section 8.60 . Moneys deposited under 28 this section to the general fund shall be used only by the 29 department for the purpose of administering and enforcing the 30 provisions of this chapter , including inspection, sampling, 31 analysis, and the preparation and publishing of reports. 32 Sec. 142. Section 203.9, subsection 3, Code 2024, is amended 33 to read as follows: 34 3. A grain dealer shall keep complete and accurate records. 35 -81- LSB 6331YC (1) 90 ns/jh 81/ 103
H.F. _____ A grain dealer shall keep records for the previous six years. 1 If the grain dealers records are incomplete or inaccurate, 2 the department may reconstruct the grain dealers records in 3 order to determine whether the grain dealer is in compliance 4 with the provisions of this chapter . The department may 5 charge the grain dealer the actual cost for reconstructing the 6 grain dealers records, which shall be considered repayment 7 appropriated receipts as defined in section 8.2 . 8 Sec. 143. Section 203C.2, subsection 5, Code 2024, is 9 amended to read as follows: 10 5. Moneys received by the department in administering this 11 section shall be considered repayment appropriated receipts as 12 defined in section 8.2 . 13 Sec. 144. Section 204.4, subsection 2, paragraph e, Code 14 2024, is amended to read as follows: 15 e. The results of a national criminal history record check 16 of an applicant as may be required by the department. The 17 department shall inform an applicant if a national criminal 18 history record check will be conducted. If a national criminal 19 history record check is conducted, the applicant shall 20 provide the applicants fingerprints to the department. The 21 department shall provide the fingerprints to the department 22 of public safety for submission through the state criminal 23 history repository to the federal bureau of investigation. The 24 applicant shall pay the actual cost of conducting any national 25 criminal history record check to the department of agriculture 26 and land stewardship. The department shall pay the actual cost 27 of conducting the national criminal history record check to 28 the department of public safety from moneys deposited in the 29 hemp fund pursuant to section 204.6 . The department of public 30 safety shall treat such payments as repayment appropriated 31 receipts as defined in section 8.2 . The results of the 32 national criminal history check shall not be considered a 33 public record under chapter 22 . 34 Sec. 145. Section 206.12, subsection 3, Code 2024, is 35 -82- LSB 6331YC (1) 90 ns/jh 82/ 103
H.F. _____ amended to read as follows: 1 3. The registrant, before selling or offering for sale any 2 pesticide for use in this state, shall register each brand and 3 grade of such pesticide with the secretary upon forms furnished 4 by the secretary. The secretary shall set the registration 5 fee annually at three hundred dollars for each and every brand 6 and grade to be offered for sale in this state. The secretary 7 shall adopt by rule exemptions to the fee. Fifty dollars of 8 each fee collected shall be deposited in the general fund of 9 the state , shall be subject to the requirements of section 10 8.60 , and shall be used only for the purpose of enforcing 11 the provisions of this chapter . The remainder of each fee 12 collected shall be deposited in the agriculture management 13 account of the groundwater protection fund created in section 14 455E.11 . 15 Sec. 146. Section 215A.9, subsection 2, Code 2024, is 16 amended to read as follows: 17 2. A fee of fifteen dollars shall be charged for each device 18 subject to reinspection under section 215A.5 . All moneys 19 received by the department under the provisions of this chapter 20 shall be handled in the same manner as repayment receipts 21 appropriated receipts as defined in chapter 8 section 8.2 , and 22 shall be used for the administration and enforcement of the 23 provisions of this chapter . 24 Sec. 147. Section 222.92, subsection 3, unnumbered 25 paragraph 1, Code 2024, is amended to read as follows: 26 Subject to the approval of the department, except for 27 revenues segregated as provided in section 249A.11 , revenues 28 received that are attributed to a state resource center for a 29 fiscal year shall be credited to the state resource centers 30 account and shall be considered repayment appropriated receipts 31 as defined in section 8.2 , including but not limited to all of 32 the following: 33 Sec. 148. Section 222.92, subsection 4, Code 2024, is 34 amended by striking the subsection. 35 -83- LSB 6331YC (1) 90 ns/jh 83/ 103
H.F. _____ Sec. 149. Section 226.9B, subsection 2, unnumbered 1 paragraph 1, Code 2024, is amended to read as follows: 2 Revenues received that are attributed to the psychiatric 3 medical institution for children beds during a fiscal year 4 shall be credited to the mental health institutes account 5 and shall be considered repayment appropriated receipts as 6 defined in section 8.2 , including but not limited to all of the 7 following: 8 Sec. 150. Section 232D.307, subsection 3, Code 2024, is 9 amended to read as follows: 10 3. The judicial branch in conjunction with the department of 11 public safety, the department of health and human services, and 12 the state chief information officer department of management 13 shall establish procedures for electronic access to the single 14 contact repository necessary to conduct background checks 15 requested under subsection 1 . 16 Sec. 151. Section 252B.4, subsection 3, Code 2024, is 17 amended to read as follows: 18 3. Fees collected pursuant to this section shall be 19 considered repayment appropriated receipts, as defined in 20 section 8.2 , and shall be used for the purposes of child 21 support services. The director or a designee shall keep an 22 accurate record of the fees collected and expended. 23 Sec. 152. Section 252B.5, subsection 13, paragraph b, Code 24 2024, is amended to read as follows: 25 b. Fees collected pursuant to this subsection shall be 26 considered repayment appropriated receipts as defined in 27 section 8.2 , and shall be used for the purposes of child 28 support services. The director shall maintain an accurate 29 record of the fees collected and expended under this 30 subsection . 31 Sec. 153. Section 252B.23, subsection 11, Code 2024, is 32 amended to read as follows: 33 11. All surcharge payments shall be received and disbursed 34 by the collection services center. The surcharge payments 35 -84- LSB 6331YC (1) 90 ns/jh 84/ 103
H.F. _____ received by the collection services center shall be considered 1 repayment appropriated receipts as defined in section 8.2 2 and shall be used to pay the costs of any contracts with a 3 collection entity. 4 Sec. 154. Section 262.9, subsection 19, paragraph b, Code 5 2024, is amended to read as follows: 6 b. Authorize, at its discretion, each institution of higher 7 education to retain the student fees and charges it collects to 8 further the institutions purposes as authorized by the board. 9 Notwithstanding any provision to the contrary, student fees and 10 charges, as defined in section 262A.2 , shall not be considered 11 repayment appropriated receipts as defined in section 8.2 . 12 Sec. 155. Section 262.9B, subsections 1, 3, and 4, Code 13 2024, are amended to read as follows: 14 1. Overview. The state board of regents for institutions 15 under its control shall coordinate interagency cooperation with 16 state agencies, as defined in section 8A.101 , in the area of 17 purchasing and information technology with the goal of annually 18 increasing the amount of joint purchasing. The board and the 19 institutions under the control of the board shall engage the 20 department of administrative services, the chief information 21 officer of the state department of management , and other 22 state agencies authorized to purchase goods and services in 23 pursuing mutually beneficial activities relating to purchasing 24 items and acquiring information technology. The board and 25 the institutions shall explore ways to leverage resources, 26 identify cost savings, implement efficiencies, and improve 27 effectiveness without compromising the mission of the board and 28 the institutions under the control of the board relative to 29 students and research commitments. 30 3. Information technology. 31 a. The board shall direct institutions under its control 32 to cooperate with the chief information officer of the state 33 department of management in efforts to cooperatively obtain 34 information technology and related services that result in 35 -85- LSB 6331YC (1) 90 ns/jh 85/ 103
H.F. _____ mutual cost savings and efficiency improvements, and shall 1 seek input from the chief information officer of the state 2 department of management regarding specific areas of potential 3 cooperation between the institutions under the control of 4 the board and the office of the chief information officer 5 department of management . 6 b. The board shall convene at least quarterly an interagency 7 information technology group meeting including the institutions 8 under its control, the state chief information officer 9 department of management and any other agency authorized to 10 purchase goods and services, for purposes of timely cooperation 11 in obtaining information technology and related services. 12 4. Cooperative purchasing plan. The board shall, before 13 July 1 of each year, prepare a plan that identifies specific 14 areas of cooperation between the institutions under its 15 control, the department of administrative services, and the 16 chief information officer of the state department of management 17 that will be addressed for the next fiscal year including 18 timelines for implementing, analyzing, and evaluating each of 19 the areas of cooperation. The plan shall also identify the 20 potential for greater interinstitutional cooperation in areas 21 that would result in a net cost savings. 22 Sec. 156. Section 272C.6, subsection 6, paragraph b, Code 23 2024, is amended to read as follows: 24 b. The department of agriculture and land stewardship, the 25 department of insurance and financial services, the department 26 of inspections, appeals, and licensing, and the department 27 of health and human services shall each adopt rules pursuant 28 to chapter 17A which provide for the allocation of fees and 29 costs collected pursuant to this section to the board under its 30 jurisdiction collecting the fees and costs. The fees and costs 31 shall be considered repayment appropriated receipts as defined 32 in section 8.2 . 33 Sec. 157. Section 321.52, subsection 4, paragraph d, Code 34 2024, is amended to read as follows: 35 -86- LSB 6331YC (1) 90 ns/jh 86/ 103
H.F. _____ d. A salvage theft examination shall be made by a peace 1 officer who has been specially certified and recertified when 2 required by the Iowa law enforcement academy to do salvage 3 theft examinations. The Iowa law enforcement academy shall 4 determine standards for training and certification, conduct 5 training, and may approve alternative training programs 6 which satisfy the academys standards for training and 7 certification. The owner of the salvage vehicle shall make 8 the vehicle available for examination at a time and location 9 designated by the peace officer doing the examination. The 10 owner may obtain a permit to drive the vehicle to and from the 11 examination location by submitting a repair affidavit to the 12 agency performing the examination stating that the vehicle is 13 reasonably safe for operation and listing the repairs which 14 have been made to the vehicle. The owner must be present 15 for the examination and have available for inspection the 16 salvage title, bills of sale for all essential parts changed, 17 if applicable, and the repair affidavit. The examination 18 shall be for the purposes of determining whether the vehicle 19 or repair components have been stolen. The examination is not 20 a safety inspection and a signed salvage theft examination 21 certificate shall not be construed by any court of law to be a 22 certification that the vehicle is safe to be operated. There 23 shall be no cause of action against the peace officer or the 24 agency conducting the examination or the county treasurer 25 for failure to discover or note safety defects. If the 26 vehicle passes the theft examination, the peace officer shall 27 indicate that the vehicle passed examination on the salvage 28 theft examination certificate. The permit and salvage theft 29 examination certificate shall be on controlled forms prescribed 30 and furnished by the department. The owner shall pay a fee 31 of fifty dollars at the time the examination is scheduled. 32 The agency performing the examinations shall retain forty 33 dollars of the fee and shall pay five dollars of the fee to 34 the department and five dollars of the fee to the treasurer of 35 -87- LSB 6331YC (1) 90 ns/jh 87/ 103
H.F. _____ state for deposit in the general fund of the state. Moneys 1 deposited to the general fund under this paragraph are subject 2 to the requirements of section 8.60 and shall be used by 3 the Iowa law enforcement academy to provide for the special 4 training, certification, and recertification of officers as 5 required by this subsection . 6 Sec. 158. Section 321.491, subsection 2, paragraph b, Code 7 2024, is amended to read as follows: 8 b. A certified abstract of the record of the case prepared 9 for the department shall only be available to the public 10 from the department. A noncertified record of conviction 11 or forfeiture of bail shall be available to the public from 12 the judicial branch. The clerk of the district court shall 13 collect a fee of fifty cents for each noncertified copy of 14 any record of conviction or forfeiture of bail furnished to 15 any requester except the department or other local, state, 16 or federal government entity. Moneys collected under this 17 section shall be transferred to the department as a repayment 18 receipt appropriated receipts , as defined in section 8.2 , to 19 enhance the efficiency of the department to process records 20 and information between the department and the Iowa court 21 information system. 22 Sec. 159. Section 321A.3, subsection 1, Code 2024, is 23 amended to read as follows: 24 1. The department of transportation shall upon request 25 furnish any person a certified abstract of the operating record 26 of a person subject to chapter 321 or 321J , or this chapter . 27 The abstract shall also fully designate the motor vehicles, 28 if any, registered in the name of the person. If there is 29 no record of a conviction of the person having violated 30 any law relating to the operation of a motor vehicle or of 31 any injury or damage caused by the person, the department 32 of transportation shall so certify. A fee of five dollars 33 and fifty cents shall be paid for each abstract except for 34 abstracts requested by state, county, or city officials, court 35 -88- LSB 6331YC (1) 90 ns/jh 88/ 103
H.F. _____ officials, public transit officials, or other officials of a 1 political subdivision of the state or a nonprofit charitable 2 organization described in section 501(c)(3) of the Internal 3 Revenue Code. Except for any additional access fee collected 4 under subsection 7 , the department of transportation shall 5 transfer the moneys collected under this section to the 6 treasurer of state who shall credit to the general fund all 7 moneys collected. If a fee established in this subsection 8 is collected by the office of the chief information officer, 9 created in section 8B.2 , department of management for a record 10 furnished through an electronic portal maintained by the office 11 of the chief information officer department of management , 12 the office of the chief information officer department of 13 management shall transfer the moneys collected under this 14 subsection to the treasurer of state who shall credit the 15 moneys to the general fund. 16 Sec. 160. Section 325A.5, Code 2024, is amended to read as 17 follows: 18 325A.5 Fees credited to road use tax fund seminar 19 receipts. 20 All fees received for applications and permits or 21 certificates under this chapter shall be remitted to the 22 treasurer of state and credited to the road use tax fund. 23 All fees collected for the motor carrier safety education 24 seminar shall be considered a repayment receipt appropriated 25 receipts as defined in section 8.2 , and shall be remitted to 26 the department to be used to pay for the seminars. 27 Sec. 161. Section 421.17, subsection 2, paragraph d, Code 28 2024, is amended to read as follows: 29 d. To facilitate uniformity and equalization of assessments 30 throughout the state of Iowa and to facilitate transfers of 31 funds to local governments, the director of the department 32 of revenue may use geographic information system technology 33 and may require assessing authorities and local governments 34 that have adopted compatible technology to provide information 35 -89- LSB 6331YC (1) 90 ns/jh 89/ 103
H.F. _____ to the department of revenue electronically using electronic 1 geographic information system file formats. The department of 2 revenue shall act on behalf of political subdivisions and the 3 state to deliver a consolidated response to the boundary and 4 annexation survey and provide legal boundary geography data to 5 the United States census bureau. The department of revenue 6 shall coordinate with political subdivisions and the state to 7 ensure that consistent, accurate, and integrated geography is 8 provided to the United States census bureau. The office of 9 the chief information officer department of management shall 10 provide geographic information system and technical support to 11 the department of revenue to facilitate the exchange. 12 Sec. 162. Section 421.17, subsection 27, paragraph j, Code 13 2024, is amended to read as follows: 14 j. Of the amount of debt actually collected pursuant to 15 this subsection an amount, not to exceed the amount collected, 16 which is sufficient to pay for salaries, support, maintenance, 17 services, and other costs incurred by the department related 18 to the administration of this subsection shall be retained by 19 the department. Revenues retained by the department pursuant 20 to this section shall be considered repayment appropriated 21 receipts as defined in section 8.2 . The director shall, in 22 the annual budget request pursuant to section 8.23 , make an 23 estimate as to the amount of receipts to be retained and the 24 estimated amount of additional receipts to be collected. The 25 director shall report annually to the department of management, 26 the legislative fiscal committee, and the legislative services 27 agency on any additional positions added and the costs incurred 28 during the previous fiscal year pursuant to this subsection . 29 Sec. 163. Section 422.7, subsection 10, paragraph b, Code 30 2024, is amended to read as follows: 31 b. As used in this subsection , broadband infrastructure , 32 communications service provider , and targeted service area 33 mean the same as defined in section 8B.1 8.2 , respectively. 34 Sec. 164. Section 422.35, subsection 13, paragraph b, Code 35 -90- LSB 6331YC (1) 90 ns/jh 90/ 103
H.F. _____ 2024, is amended to read as follows: 1 b. As used in this subsection , broadband infrastructure , 2 communications service provider , and targeted service area 3 mean the same as defined in section 8B.1 8.2 , respectively. 4 Sec. 165. Section 423.2A, subsection 3, Code 2024, is 5 amended to read as follows: 6 3. Of the amount of sales tax revenue actually transferred 7 per quarter pursuant to subsection 2 , paragraphs e and f , 8 the department shall retain an amount equal to the actual cost 9 of administering the transfers under subsection 2 , paragraphs 10 e and f , or twenty-five thousand dollars, whichever is 11 less. The amount retained by the department pursuant to this 12 subsection shall be divided pro rata each quarter between 13 the amounts that would have been transferred pursuant to 14 subsection 2 , paragraphs e and f , without the deduction 15 made by operation of this subsection . Revenues retained by 16 the department pursuant to this subsection shall be considered 17 repayment appropriated receipts as defined in section 8.2 . 18 Sec. 166. Section 426B.1, subsection 1, Code 2024, is 19 amended to read as follows: 20 1. A property tax relief fund is created in the state 21 treasury under the authority of the department of health 22 and human services. The fund shall be separate from the 23 general fund of the state and shall not be considered part 24 of the general fund of the state except in determining the 25 cash position of the state for payment of state obligations. 26 The moneys in the fund are not subject to the provisions of 27 section 8.33 and shall not be transferred, used, obligated, 28 appropriated, or otherwise encumbered except as provided in 29 this chapter . Moneys in the fund may be used for cash flow 30 purposes, provided that any moneys so allocated are returned 31 to the fund by the end of each fiscal year. However, the 32 fund shall be considered a special account for the purposes 33 of section 8.53 , relating to elimination of any GAAP deficit. 34 For the purposes of this chapter , unless the context otherwise 35 -91- LSB 6331YC (1) 90 ns/jh 91/ 103
H.F. _____ requires, property tax relief fund means the property tax 1 relief fund created in this section . 2 Sec. 167. Section 427.1, subsection 40, paragraphs a and b, 3 Code 2024, are amended to read as follows: 4 a. The owner of broadband infrastructure shall be entitled 5 to an exemption from taxation to the extent provided in this 6 subsection for assessment years beginning before January 1, 7 2027. Unless the context otherwise requires, the words and 8 phrases used in this subsection shall have the same meaning as 9 the words and phrases used in chapter 8B , including but not 10 limited to the words and phrases defined in section 8B.1 8.2 . 11 b. The exemption shall apply to the installation of 12 broadband infrastructure that facilitates broadband service 13 at or above the download and upload speeds specified in 14 the definition of targeted service area in section 8B.1 15 8.2 commenced and completed on or after July 1, 2015, and 16 before July 1, 2025, in a targeted service area, and used to 17 deliver internet services to the public. A person claiming 18 an exemption under this subsection shall certify to the local 19 assessor prior to commencement of the installation that the 20 installation of broadband infrastructure will facilitate 21 broadband service at or above the download and upload speeds 22 specified in the definition of targeted service area in section 23 8B.1 8.2 within a targeted service area and shall specify 24 the current number of homes, farms, schools, and businesses 25 in the targeted service area to which broadband service was 26 facilitated and the download and upload speeds available prior 27 to the broadband infrastructure installation for which the 28 exemption is claimed and the number of homes, farms, schools, 29 and businesses in the targeted service area to which broadband 30 service will be facilitated and the download and upload speeds 31 that will be available as a result of installation of the 32 broadband infrastructure for which the exemption is claimed. 33 Sec. 168. Section 427.1, subsection 40, paragraph f, 34 subparagraph (1), subparagraph division (d), Code 2024, is 35 -92- LSB 6331YC (1) 90 ns/jh 92/ 103
H.F. _____ amended to read as follows: 1 (d) Certification from the office of the chief information 2 officer department of management that the installation will 3 facilitate broadband service in a targeted service area at 4 or above the download and upload speeds specified in the 5 definition of targeted service area in section 8B.1 in a 6 targeted service area 8.2 . 7 Sec. 169. Section 427.1, subsection 40, paragraph f, 8 subparagraphs (2) and (7), Code 2024, are amended to read as 9 follows: 10 (2) The department of revenue and the board of supervisors 11 shall not approve applications that are missing any of the 12 information or documentation required in subparagraph (1). The 13 department of revenue or the board of supervisors may consult 14 with the office of the chief information officer department of 15 management to access additional information needed to review 16 an application. 17 (7) At any time after the exemption is granted and the 18 broadband service is available in a targeted service area, 19 the department of revenue or the board of supervisors, as 20 applicable, under the direction of the office of the chief 21 information officer department of management , may require the 22 property owner receiving the exemption to substantiate that the 23 owner continues to provide the service described in paragraph 24 b . If the department of revenue or the board of supervisors 25 determines that the property owner no longer provides the 26 service described in paragraph b , the department of revenue or 27 the board of supervisors shall revoke the exemption. An owner 28 may appeal the decision to revoke the exemption in the same 29 manner as provided in subparagraphs (5) and (6), as applicable. 30 Sec. 170. Section 453A.35A, subsection 1, Code 2024, is 31 amended to read as follows: 32 1. A health care trust fund is created in the office of 33 the treasurer of state. The fund consists of the revenues 34 generated from the tax on cigarettes pursuant to section 35 -93- LSB 6331YC (1) 90 ns/jh 93/ 103
H.F. _____ 453A.6, subsection 1 , and from the tax on tobacco products 1 as specified in section 453A.43, subsections 1, 2, 3, and 4 , 2 that are credited to the health care trust fund, annually, 3 pursuant to section 453A.35 . Moneys in the fund shall be 4 separate from the general fund of the state and shall not be 5 considered part of the general fund of the state. However, the 6 fund shall be considered a special account for the purposes 7 of section 8.53 relating to generally accepted accounting 8 principles. Moneys in the fund shall be used only as specified 9 in this section and shall be appropriated only for the uses 10 specified. Moneys in the fund are not subject to section 8.33 11 and shall not be transferred, used, obligated, appropriated, 12 or otherwise encumbered, except as provided in this section . 13 Notwithstanding section 12C.7, subsection 2 , interest or 14 earnings on moneys deposited in the fund shall be credited to 15 the fund. 16 Sec. 171. Section 461A.79, subsection 4, Code 2024, is 17 amended to read as follows: 18 4. Moneys available to be expended for purposes of this 19 section for public outdoor recreation and resources shall be 20 credited to or deposited to the general fund of the state and 21 appropriations made for purposes of this section shall be 22 allocated as provided in this section . Moneys credited to or 23 deposited to the general fund of the state pursuant to this 24 subsection are subject to the requirements of section 8.60 . 25 Sec. 172. Section 473.19A, subsection 2, paragraph a, Code 26 2024, is amended to read as follows: 27 a. Any moneys awarded or allocated to the state, its 28 citizens, or its political subdivisions as a result of the 29 federal court decisions and United States department of energy 30 settlements resulting from alleged violations of federal 31 petroleum pricing regulations attributable to or contained 32 within the Exxon fund. Amounts remaining in the oil overcharge 33 account established in section 455E.11, subsection 2 , paragraph 34 e , Code 2007, and the energy conservation trust established 35 -94- LSB 6331YC (1) 90 ns/jh 94/ 103
H.F. _____ in section 473.11 , Code 2007, as of June 30, 2008, shall be 1 deposited into the building energy management fund pursuant to 2 this paragraph, notwithstanding section 8.60, subsection 15, 3 Code 2007 . 4 Sec. 173. Section 475A.6, subsection 3, Code 2024, is 5 amended to read as follows: 6 3. The office of consumer advocate may expend additional 7 funds, including funds for outside consultants, if those 8 additional expenditures are actual expenses which exceed 9 the funds budgeted for the performance of the advocates 10 duties. Before the office expends or encumbers an amount in 11 excess of the funds budgeted, the director of the department 12 of management shall approve the expenditure or encumbrance. 13 Before approval is given, the director of the department of 14 management shall determine that the expenses exceed the funds 15 budgeted by the general assembly to the office of consumer 16 advocate and that the office does not have other funds from 17 which such expenses can be paid. Upon approval of the director 18 of the department of management, the office may expend and 19 encumber funds for excess expenses. The amounts necessary 20 to fund the excess expenses shall be collected from those 21 utilities or persons which caused the excess expenditures, and 22 the collections shall be treated as repayment appropriated 23 receipts as defined in section 8.2 , subsection 8 . 24 Sec. 174. Section 477C.7, subsection 2, Code 2024, is 25 amended to read as follows: 26 2. The entities subject to assessment shall remit the 27 assessed amounts, as determined by the board, to a special 28 revenue fund, as defined under section 8.2 , subsection 9 . The 29 moneys in the fund are appropriated solely to plan, establish, 30 administer, and promote the relay service and equipment 31 distribution programs. 32 Sec. 175. Section 505.7, subsection 7, Code 2024, is amended 33 to read as follows: 34 7. The insurance division shall, by January 15 of each 35 -95- LSB 6331YC (1) 90 ns/jh 95/ 103
H.F. _____ year, prepare estimates of projected receipts, refunds, and 1 reimbursements to be generated by the examinations function 2 of the division during the calendar year in which the report 3 is due, and such receipts, refunds, and reimbursements shall 4 be treated in the same manner as repayment appropriated 5 receipts, as defined in section 8.2, subsection 8, and shall be 6 available to the division to pay the expenses of the divisions 7 examination function. 8 Sec. 176. Section 523A.501, subsection 3, paragraph b, Code 9 2024, is amended to read as follows: 10 b. A request for criminal history data shall be submitted 11 to the department of public safety, division of criminal 12 investigation, pursuant to section 692.2, subsection 1 . The 13 commissioner may also require such applicants or licensees 14 to provide a full set of fingerprints, in a form and manner 15 prescribed by the commissioner. Such fingerprints may be 16 submitted to the federal bureau of investigation through the 17 state criminal history repository for a national criminal 18 history check. The commissioner may authorize alternate 19 methods or sources for obtaining criminal history record 20 information. The commissioner may, in addition to any other 21 fees, charge and collect such amounts as may be incurred by 22 the commissioner, the department of public safety, or the 23 federal bureau of investigation in obtaining criminal history 24 information. Amounts collected shall be considered repayment 25 appropriated receipts as defined in section 8.2 . 26 Sec. 177. Section 523A.502, subsection 4, paragraph b, Code 27 2024, is amended to read as follows: 28 b. A request for criminal history data shall be submitted 29 to the department of public safety, division of criminal 30 investigation, pursuant to section 692.2, subsection 1 . The 31 commissioner may also require such applicants or licensees, 32 to provide a full set of fingerprints, in a form and manner 33 prescribed by the commissioner. Such fingerprints may be 34 submitted to the federal bureau of investigation through the 35 -96- LSB 6331YC (1) 90 ns/jh 96/ 103
H.F. _____ state criminal history repository for a national criminal 1 history check. The commissioner may authorize alternate 2 methods or sources for obtaining criminal history record 3 information. The commissioner may, in addition to any other 4 fees, charge and collect such amounts as may be incurred by 5 the commissioner, the department of public safety, or the 6 federal bureau of investigation in obtaining criminal history 7 information. Amounts collected shall be considered repayment 8 appropriated receipts as defined in section 8.2 . 9 Sec. 178. Section 524.207, subsection 4, Code 2024, is 10 amended to read as follows: 11 4. The banking division may expend additional funds, 12 including funds for additional personnel, if those additional 13 expenditures are actual expenses which exceed the funds 14 budgeted for bank or licensee examinations or investigations 15 and directly result from examinations or investigations of 16 banks or licensees. The amounts necessary to fund the excess 17 examination or investigation expenses shall be collected from 18 banks and licensees being regulated, and the collections shall 19 be treated as repayment appropriated receipts as defined 20 in section 8.2 . The division shall notify in writing the 21 legislative services agency and the department of management 22 when hiring additional personnel. The written notification 23 shall include documentation that any additional expenditure 24 related to such hiring will be totally reimbursed as provided 25 in section 546.12, subsection 2 , and shall also include 26 the divisions justification for hiring such personnel. 27 The division must obtain the approval of the department of 28 management only if the number of additional personnel to be 29 hired exceeds the number of full-time equivalent positions 30 authorized by the general assembly. 31 Sec. 179. Section 524.901, subsection 7, paragraph c, 32 subparagraph (2), subparagraph division (a), Code 2024, is 33 amended to read as follows: 34 (a) A targeted service area as defined in section 8B.1, 35 -97- LSB 6331YC (1) 90 ns/jh 97/ 103
H.F. _____ subsection 13 8.2 . 1 Sec. 180. Section 533.111, subsection 3, paragraph a, Code 2 2024, is amended to read as follows: 3 a. The amounts necessary to fund the excess examination 4 expenses shall be collected from state credit unions being 5 regulated, and the collections shall be treated as repayment 6 appropriated receipts as defined in section 8.2 . 7 Sec. 181. Section 543D.22, subsection 5, Code 2024, is 8 amended to read as follows: 9 5. The board may, in addition to any other fees, charge 10 and collect such amounts as may be incurred by the board, the 11 department of public safety, or federal bureau of investigation 12 in obtaining criminal history information. Amounts collected 13 shall be considered repayment appropriated receipts as defined 14 in section 8.2 , subsection 8 . 15 Sec. 182. Section 543E.20, subsection 5, paragraph d, Code 16 2024, is amended to read as follows: 17 d. The director may, in addition to any other fees, charge 18 and collect such amounts as may be incurred by the director, 19 the department of public safety, or the federal bureau of 20 investigation in obtaining criminal history information. 21 Amounts collected shall be considered repayment appropriated 22 receipts as defined in section 8.2 . 23 Sec. 183. Section 556.18, subsection 3, Code 2024, is 24 amended to read as follows: 25 3. The treasurer of state shall annually credit all moneys 26 received under section 556.4 to the general fund of the state. 27 Moneys credited to the general fund of the state pursuant to 28 this subsection are subject to the requirements of subsections 29 1 and 2 and section 8.60 . 30 Sec. 184. Section 633.564, subsection 3, Code 2024, is 31 amended to read as follows: 32 3. The judicial branch, in conjunction with the department 33 of public safety, the department of health and human services, 34 and the state chief information officer department of 35 -98- LSB 6331YC (1) 90 ns/jh 98/ 103
H.F. _____ management , shall establish procedures for electronic access to 1 the single contact repository established pursuant to section 2 135C.33 necessary to conduct background checks requested under 3 subsection 1 . 4 Sec. 185. 2022 Iowa Acts, chapter 1145, section 6, 5 subsection 1, is amended to read as follows: 6 1. The salary rates specified in subsection 2 are for the 7 fiscal year beginning July 1, 2022, effective for the pay 8 period beginning June 24, 2022, and for subsequent fiscal 9 years until otherwise provided by the general assembly. The 10 salaries provided for in this section shall be paid from moneys 11 allocated to the judicial branch from the salary adjustment 12 fund, or if the allocation is not sufficient, from moneys 13 appropriated to the judicial branch pursuant to this Act or any 14 other Act of the general assembly. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanations substance by the members of the general assembly. 18 This bill relates to the powers, duties, and 19 responsibilities of state government entities associated with 20 the budget, financial control, and information technology. 21 For purposes of Code chapter 8 (budget and financial 22 control), the bill defines appropriable receipts, custodial 23 funds, general fund, government funds, private purposes 24 trust funds, and special revenue fund. The term repayment 25 receipts is redefined as appropriated receipts and the term 26 is changed throughout the Code. 27 The bill adds relevant definitions from Code chapter 8B 28 (information technology) as part of the bills integration of 29 Code chapter 8B into Code chapter 8, including broadband, 30 broadband infrastructure, communications service provider, 31 crop operation, facilitate, information technology, 32 information technology device, information technology 33 services, information technology staff, infrastructure 34 services, targeted service area, underserved area, 35 -99- LSB 6331YC (1) 90 ns/jh 99/ 103
H.F. _____ and value-added services. The bill replaces the term 1 participating agency for purposes of information technology 2 with the term supported entity. 3 The bill defines capital project for purposes of Code 4 section 8.3A (capital project planning and budgeting). The 5 term is also used in Code sections 8.5 and 8.22 for budgeting 6 purposes. 7 The bill authorizes the director of the department of 8 management (DOM) to establish, abolish, and consolidate 9 divisions within DOM. The bill strikes a provision requiring 10 the DOM director to post a $25,000 surety bond. Under current 11 law (Code section 8A.321(12)), the department of administrative 12 services (DAS) purchases a blanket surety bond for state 13 officers. 14 The bill consolidates Code sections 8.5 and 8.6, which 15 relate to general and specific duties of the DOM director. 16 Duties relating to the reporting of standing appropriations are 17 moved to Code section 8.22. Duties relating to the preparation 18 of local budget reports are moved to new Code section 8.48. 19 The bill adds duties relating to information technology as part 20 of the bills integration of Code chapter 8B into Code chapter 21 8, including preparing legislative proposals, designating a 22 chief information officer, providing advice to the governor, 23 consulting, and addressing cybersecurity. 24 The bill eliminates the special olympics fund and instead 25 provides a standing appropriation to DOM for such purposes. 26 The bill revises the functions and duties of the office of 27 grants enterprise management within DOM. 28 The bill authorizes DOM to establish one or more funds within 29 the state treasury under the control of DOM for purposes of 30 administering DOM. 31 The bill moves and alters provisions relating to 32 supplemental appropriations estimates from Code section 8.28 to 33 Code section 8.22. 34 The bill revises the duties of the revenue estimating 35 -100- LSB 6331YC (1) 90 ns/jh 100/ 103
H.F. _____ conference and strikes provisions relating to the conferences 1 estimate for tax refunds payable from estimated revenue and 2 certain specified revenue estimates. 3 The bill combines the Iowa economic emergency fund (EEF) and 4 the cash reserve fund (CRF) by (1) eliminating the EEF, (2) 5 increasing the maximum balance of the CRF from 7.5 percent of 6 the adjusted revenue estimate to 12.5 percent of the adjusted 7 revenue estimate, and (3) authorizing moneys in the CRF to 8 be used for purposes previously authorized for moneys in the 9 EEF. These authorizations include (1) support of the executive 10 council, (2) appropriations to the general fund of the state 11 (GF) under emergency circumstances when the balance of the 12 GF is negative, and (3) transfers of a budget surplus to the 13 taxpayer relief fund and to the GF, as applicable. Upon the 14 elimination of the EEF, remaining EEF moneys are transferred to 15 the CRF up to the CRFs new maximum balance, and then to the GF. 16 The repeal dates for Code sections 8.57G (Iowa coronavirus 17 fiscal recovery fund) and 8.57H (Iowa coronavirus capital 18 projects fund) are extended from July 1, 2025, to July 1, 2027. 19 The Iowa skilled worker and job creation fund is moved to Code 20 chapter 8, subchapter V (special purpose funds), and the sports 21 wagering receipts fund is moved from Code section 8.57 to new 22 Code section 8.57I. 23 The bill revises the provisions establishing the office of 24 lean enterprise and change management within DOM. 25 In 2022, the general assembly converted the office of the 26 chief information officer (OCIO) from an independent agency to 27 an entity within DOM. Generally, the bill eliminates the OCIO 28 and updates and moves relevant provisions from Code chapter 8B 29 into Code chapter 8. 30 The bill authorizes the chief information officer and DOM to 31 adopt various information technology policies and procedures 32 and provide continuous monitoring through a cybersecurity 33 operations center. The bill designates DOM as the sole 34 authority in state government for providing and procuring 35 -101- LSB 6331YC (1) 90 ns/jh 101/ 103
H.F. _____ information technology goods and services and for establishing 1 associated master agreements. The bill authorizes DOM to 2 establish and collect fees associated with purchases made from 3 DOM information technology agreements, to be retained by DOM 4 for administration. 5 Under the bill, employees of DOM are no longer subject to a 6 24-month limitation on employee interchange among governmental 7 entities. 8 The bill eliminates an existing exception providing that 9 the Iowa public employees retirement system (IPERS) is not 10 a supported entity for purposes of information technology, 11 thereby subjecting IPERS to DOMs powers and responsibilities 12 relating to information technology under the bill. 13 The bill eliminates the salary adjustment fund, references 14 to the GAAP (generally accepted accounting principles) deficit, 15 and provisions relating to the preparation of a tentative 16 budget. The bill repeals provisions freezing appropriations 17 under Code sections 53.50 (expenses for absentee voting), 18 229.35 (expenses for state mental health and disability 19 services commission), 230.8 (expenses for transfers of persons 20 with mental illness), 230.11 (expenses for custody, care, and 21 investigation of persons with mental illness), and 663.44 22 (reimbursement for costs of habeas corpus proceedings). The 23 bill also repeals provisions limiting the use of moneys 24 collected under 1993 law along with provisions requiring the 25 tracking and reporting of those moneys. 26 The bill transfers Code section 8.7 (reporting of gifts and 27 bequests received) to Code chapter 68B (government ethics and 28 lobbying). By operation of law, the bill applies the penalties 29 in Code section 68B.34 to Code section 8.7. A person who 30 knowingly and intentionally violates Code section 8.7 is guilty 31 of a serious misdemeanor and may be reprimanded, suspended, or 32 dismissed from the persons position or otherwise sanctioned. 33 A serious misdemeanor is punishable by confinement for no more 34 than one year and a fine of at least $430 but not more than 35 -102- LSB 6331YC (1) 90 ns/jh 102/ 103
H.F. _____ $2,560. 1 The bill repeals provisions relating to the establishment 2 of OCIO, OCIOs duties, prohibited pecuniary interests of the 3 chief information officer, and required reporting by OCIO. 4 -103- LSB 6331YC (1) 90 ns/jh 103/ 103