Senate Study Bill 3173 - Introduced
SENATE/HOUSE FILE _____
BY (PROPOSED DEPARTMENT OF
MANAGEMENT BILL)
A BILL FOR
1 An Act relating to the powers, duties, and responsibilities
2 of state government entities associated with the budget,
3 financial control, and information technology, making
4 penalties applicable, and making appropriations.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 BUDGET AND FINANCIAL CONTROL —— INFORMATION TECHNOLOGY
3 Section 1. Section 8.2, Code 2024, is amended to read as
4 follows:
5 8.2 Definitions.
6 When used in this chapter:
7 1. “Appropriable receipts” means receipts that are available
8 for appropriation.
9 2. “Appropriated receipts” means receipts that have been
10 appropriated by the general assembly.
11 1. 3. “Block grant” means funds from the federal government
12 awarded in broad program areas within which the state is given
13 considerable latitude in determining how funds are used and for
14 which the state develops its own plan for spending according
15 to general federal guidelines. “Block grant” does not include
16 education research grants.
17 4. “Broadband” means a high-speed, high-capacity electronic
18 transmission medium, including fixed wireless and mobile
19 wireless mediums, that can carry data signals from independent
20 network sources by establishing different bandwidth channels
21 and that is commonly used to deliver internet services to the
22 public.
23 5. “Broadband infrastructure” means the physical
24 infrastructure used for the transmission of data that provides
25 broadband services. “Broadband infrastructure” does not include
26 land, buildings, structures, improvements, or equipment not
27 directly used in the transmission of data via broadband.
28 2. 6. “Budget” means the budget document required by this
29 chapter to be transmitted to the legislature general assembly.
30 3. 7. “Categorical grant” means federal funds applied
31 for and received by the state which are in the form of
32 entitlements, formula grants, discretionary grants, open-ended
33 entitlements, or another form that may be used only for
34 specific, narrowly defined activities, except funds for
35 student aid and assistance; grants, contracts, and cooperative
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1 agreements for research and training for which no appropriated
2 matching funds are required; and reimbursements for services
3 rendered.
4 4. “Code” or “the Code” means the Code of Iowa.
5 8. “Communications service provider” means a service
6 provider that provides broadband service.
7 9. “Crop operation” means the same as defined in section
8 717A.1.
9 10. “Custodial funds” means those funds from various
10 deposits, taxes, or other means that are properly collected
11 from, held for, and distributed to individuals, private
12 organizations, and other governments as provided by law.
13 5. 11. The terms “department and establishment” and
14 “department” or “establishment”, “department or establishment”
15 mean any executive department, commission, board, institution,
16 bureau, office, or other agency of the state government, by
17 whatever name called, that uses, expends, or receives any
18 state government funds, including the state department of
19 transportation, except for funds which that are required
20 to match federal aid allotted to the state by the federal
21 government for highway special purposes, but excluding the
22 courts and the legislature general assembly.
23 12. “Facilitate” means a communication service provider’s
24 ability to provide broadband service at or above the download
25 and upload speeds specified in the definition of targeted
26 service area in this section to a home, farm, school, or
27 business within a commercially reasonable time and at a
28 commercially reasonable price upon request by a consumer.
29 13. “General fund” means the general fund of the state
30 established pursuant to section 444.21.
31 6. 14. “Government” means the government of the state of
32 Iowa.
33 7. “Private trust funds” means any and all endowment
34 funds and any and all moneys received by a department or
35 establishment from private persons to be held in trust and
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1 expended as directed by the donor.
2 8. “Repayment receipts” means those moneys collected by a
3 department or establishment that supplement an appropriation
4 made by the legislature.
5 15. “Government funds” means all moneys appropriated by the
6 general assembly, or moneys collected by or for the state, or a
7 department or establishment of the state, pursuant to authority
8 granted by law.
9 16. “Information technology” means computing and electronics
10 applications used to process and distribute information in
11 digital and other forms and includes information technology
12 devices, information technology services, infrastructure
13 services, broadband and broadband infrastructure, and
14 value-added services.
15 17. “Information technology device” means equipment or
16 associated software, including programs, languages, procedures,
17 or associated documentation, used in operating the equipment
18 which is designed for utilizing information stored in an
19 electronic format. “Information technology device” includes
20 but is not limited to computer systems, computer networks, and
21 equipment used for input, output, processing, storage, display,
22 scanning, and printing.
23 18. “Information technology services” means services
24 designed to do any of the following:
25 a. Provide functions, maintenance, and support of
26 information technology devices.
27 b. Provide services including but not limited to any of the
28 following:
29 (1) Computer systems application development and
30 maintenance.
31 (2) Systems integration and interoperability.
32 (3) Operating systems maintenance and design.
33 (4) Computer systems programming.
34 (5) Computer systems software support.
35 (6) Planning and security relating to information
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1 technology devices.
2 (7) Data management consultation.
3 (8) Information technology education and consulting.
4 (9) Information technology planning and policies.
5 (10) Establishment of local area network and workstation
6 management policies.
7 19. “Information technology staff” includes any employees
8 performing information technology services, including but not
9 limited to department or establishment employees in information
10 technology classifications, contractors, temporary workers, and
11 any other employees providing information technology services.
12 20. “Infrastructure services” includes all of the following:
13 a. Data centers used to support mainframe and other
14 computers and their associated components including servers,
15 information networks, storage systems, redundant or backup
16 power systems, redundant data communications connections,
17 environmental controls, and security devices.
18 b. Servers, mainframes, or other centralized processing
19 systems.
20 c. Storage systems, including but not limited to disk, tape,
21 optical, and other structured repositories for storing digital
22 information.
23 d. Computer networks commonly referred to as local area
24 networks.
25 e. Network services, including equipment and software
26 which support local area networks, campus area networks, wide
27 area networks, and metro area networks. Network services
28 also include data network services such as routers, switches,
29 firewalls, virtual private networks, intrusion detection
30 systems, access control, internet protocol load balancers,
31 event logging and correlation, and content caching.
32 f. Groupware applications used to facilitate collaboration,
33 communication, and workflow, including electronic mail,
34 directory services, calendaring and scheduling, and imaging
35 systems.
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1 g. Information technology help desk services.
2 h. Cybersecurity functions and equipment.
3 i. Digital printing and printing procurement services.
4 j. Data warehouses, including services that assist in
5 managing and locating digital information.
6 k. Disaster recovery technology and services.
7 l. Cloud computing solutions including but not limited
8 to solutions based on software as a service, platform as a
9 service, and infrastructure as a service.
10 m. Other similar or related services as determined by the
11 director of the department of management.
12 21. “Private purpose trust funds” means trust arrangements
13 under which the principal and income benefit individuals,
14 private organizations, or other governments. “Private purpose
15 trust funds” does not include pension or other employee benefit
16 trust funds or investment trust funds.
17 9. 22. “Special fund” “Special revenue fund” means any
18 and all government fees and other revenue receipts earmarked
19 to finance a governmental agency to which no a general fund
20 appropriation is not made by the state.
21 10. “State funds” means any and all moneys appropriated by
22 the legislature, or money collected by or for the state, or an
23 agency thereof, pursuant to authority granted by any of its
24 laws.
25 23. “Supported entity” means a unit of state government,
26 which is an authority, board, commission, committee, council,
27 department, or independent agency as defined in section 7E.4,
28 including but not limited to each principal central department
29 enumerated in section 7E.5. However, “supported entity” does
30 not mean any of the following:
31 a. The office of the governor or the office of an elective
32 constitutional or statutory officer.
33 b. The general assembly, or any office or unit under its
34 administrative authority.
35 c. The judicial branch, as provided in section 602.1102.
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1 d. A political subdivision of the state or its offices
2 or units, including but not limited to a county, city, or
3 community college.
4 e. The state board of regents and institutions operated
5 under its authority.
6 24. “Targeted service area” means any of the following:
7 a. A United States census bureau census block located
8 in this state, including any crop operation located within
9 the census block, or other geographic unit the department of
10 management sets by rule, within which no communications service
11 provider offers or facilitates broadband service at or above
12 the tier 1, tier 2, or tier 3 download and upload speeds. As
13 used in this subsection:
14 (1) “Tier 1” means a maximum download speed of less than
15 twenty-five megabits per second and a maximum upload speed of
16 less than three megabits per second.
17 (2) “Tier 2” means a minimum download speed of greater than
18 or equal to twenty-five megabits per second but less than fifty
19 megabits per second.
20 (3) “Tier 3” means a minimum download speed of greater than
21 or equal to fifty megabits per second but less than eighty
22 megabits per second.
23 b. Any geographic area, as the department of management sets
24 by rule, that is materially underserved by broadband service
25 such that tier 1, tier 2, and tier 3 download and upload speeds
26 are not meaningfully available. The department of management’s
27 power to determine the geographic area by rule under this
28 paragraph includes the power to define and interpret policies
29 as to whether a geographic area is materially underserved and
30 broadband service is meaningfully available.
31 25. “Underserved area” means any portion of a targeted
32 service area within which no communications service provider
33 facilitates broadband service meeting the tier 1 download and
34 upload speeds specified in the definition of targeted service
35 area.
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1 11. 26. “Unencumbered balance” means the unobligated
2 balance of an appropriation after charging thereto to the
3 appropriation all unpaid liabilities for goods and services and
4 all contracts or agreements payable from an the appropriation
5 or a special fund.
6 27. “Value-added services” means services that offer or
7 provide unique, special, or enhanced value, benefits, or
8 features to the customer or user including but not limited to
9 services in which information technology is specially designed,
10 modified, or adapted to meet the special or requested needs
11 of the user or customer; services involving the delivery,
12 provision, or transmission of information or data that require
13 or involve additional processing, formatting, enhancement,
14 compilation, or security; services that provide the customer
15 or user with enhanced accessibility, security, or convenience;
16 research and development services; and services that are
17 provided to support technological or statutory requirements
18 imposed on supported entities and other governmental entities,
19 businesses, and the public.
20 Sec. 2. Section 8.3A, subsection 1, paragraph a, Code 2024,
21 is amended to read as follows:
22 a. “Capital project” means a project that consists
23 of nonroutine repairs and replacements unrelated to new
24 construction for which the cost is two hundred fifty thousand
25 dollars or more, new construction, infrastructure or site
26 development, equipment, or information technology. “Capital
27 project” includes land acquisition and projects that extend the
28 useful life of or change the functional use of a facility.
29 “Capital project” does not include highway and right-of-way
30 projects or airport capital projects undertaken by the state
31 department of transportation and financed from dedicated
32 funds or capital projects funded by nonstate grants, gifts,
33 or contracts obtained at or through state universities, if
34 the projects do not require a commitment of additional state
35 resources for maintenance, operations, or staffing.
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1 Sec. 3. Section 8.4, Code 2024, is amended to read as
2 follows:
3 8.4 Department of management.
4 The department of management is created, which is directly
5 attached to the office of the governor and under the general
6 direction, supervision, and control of the governor. The
7 office is in immediate charge of an officer to be known
8 as “the director”, who shall be appointed by the governor,
9 subject to confirmation by the senate, and shall hold office
10 at the governor’s pleasure and shall receive a salary as set
11 by the governor. The director may establish, abolish, and
12 consolidate divisions within the department of management
13 when necessary for the efficient performance of the various
14 functions and duties of the department of management. Before
15 entering upon the discharge of duties, the director shall
16 take the constitutional oath of office and give a surety bond
17 in the penalty fixed by the governor, payable to the state,
18 which shall not be less than twenty-five thousand dollars,
19 conditioned upon the faithful discharge of the director’s
20 duties. The premium on the bond shall be paid out of the state
21 treasury.
22 Sec. 4. Section 8.5, subsection 1, Code 2024, is amended to
23 read as follows:
24 1. Assistants. Employ, with the approval of the governor,
25 two assistants and such clerical assistants as the director may
26 find necessary.
27 Sec. 5. Section 8.5, Code 2024, is amended by adding the
28 following new subsections:
29 NEW SUBSECTION. 5. Investigations. Make such
30 investigations of the organization, activities, and methods of
31 procedure of the several departments and establishments as the
32 director of the department of management may be called upon to
33 make by the governor or general assembly.
34 NEW SUBSECTION. 6. Legislative assistance.
35 a. Furnish to any committee of either house of the general
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