Senate File 2409 - Introduced
SENATE FILE 2409
BY COMMITTEE ON APPROPRIATIONS
(SUCCESSOR TO SF 2375)
(SUCCESSOR TO SSB 3173)
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. “Appropriated receipts” means receipts that have been
8 appropriated by the general assembly.
9 1. 2. “Block grant” means funds from the federal government
10 awarded in broad program areas within which the state is given
11 considerable latitude in determining how funds are used and for
12 which the state develops its own plan for spending according
13 to general federal guidelines. “Block grant” does not include
14 education research grants.
15 2. 3. “Budget” means the budget document required by this
16 chapter to be transmitted to the legislature general assembly.
17 3. 4. “Categorical grant” means federal funds applied
18 for and received by the state which are in the form of
19 entitlements, formula grants, discretionary grants, open-ended
20 entitlements, or another form that may be used only for
21 specific, narrowly defined activities, except funds for
22 student aid and assistance; grants, contracts, and cooperative
23 agreements for research and training for which no appropriated
24 matching funds are required; and reimbursements for services
25 rendered.
26 4. “Code” or “the Code” means the Code of Iowa.
27 5. “Custodial funds” means those funds from various
28 deposits, taxes, or other means that are properly collected
29 from, held for, and distributed to individuals, private
30 organizations, and other governments as provided by law.
31 5. 6. The terms “department and establishment” and
32 “department” or “establishment”, “department or establishment”
33 mean any executive department, commission, board, institution,
34 bureau, office, or other agency of the state government, by
35 whatever name called, that uses, expends, or receives any
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1 state government funds, including the state department of
2 transportation, except for funds which that are required
3 to match federal aid allotted to the state by the federal
4 government for highway special purposes, but excluding the
5 courts and the legislature general assembly.
6 7. “General fund” means the general fund of the state
7 established pursuant to section 444.21.
8 6. 8. “Government” means the government of the state of
9 Iowa.
10 7. “Private trust funds” means any and all endowment
11 funds and any and all moneys received by a department or
12 establishment from private persons to be held in trust and
13 expended as directed by the donor.
14 8. “Repayment receipts” means those moneys collected by a
15 department or establishment that supplement an appropriation
16 made by the legislature.
17 9. “Government funds” means all moneys appropriated by the
18 general assembly, or moneys collected by or for the state, or a
19 department or establishment of the state, pursuant to authority
20 granted by law.
21 10. “Private purpose trust funds” means trust arrangements
22 under which the principal and income benefit individuals,
23 private organizations, or other governments. “Private purpose
24 trust funds” does not include pension or other employee benefit
25 trust funds or investment trust funds.
26 9. 11. “Special fund” “Special revenue fund” means any
27 and all government fees and other revenue receipts earmarked
28 to finance a governmental agency to which no a general fund
29 appropriation is not made by the state.
30 10. “State funds” means any and all moneys appropriated by
31 the legislature, or money collected by or for the state, or an
32 agency thereof, pursuant to authority granted by any of its
33 laws.
34 11. 12. “Unencumbered balance” means the unobligated
35 balance of an appropriation after charging thereto to the
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1 appropriation all unpaid liabilities for goods and services and
2 all contracts or agreements payable from an the appropriation
3 or a special fund.
4 Sec. 2. Section 8.3A, subsection 1, paragraph a, Code 2024,
5 is amended to read as follows:
6 a. “Capital project” means a project that consists
7 of nonroutine repairs and replacements unrelated to new
8 construction for which the cost is two hundred fifty thousand
9 dollars or more, new construction, infrastructure or site
10 development, equipment, or information technology, as defined
11 in section 8B.1. “Capital project” includes land acquisition
12 and projects that extend the useful life of or change the
13 functional use of a facility. “Capital project” does not
14 include highway and right-of-way projects or airport capital
15 projects undertaken by the state department of transportation
16 and financed from dedicated funds or capital projects funded
17 by nonstate grants, gifts, or contracts obtained at or through
18 state universities, if the projects do not require a commitment
19 of additional state resources for maintenance, operations, or
20 staffing.
21 Sec. 3. Section 8.4, Code 2024, is amended to read as
22 follows:
23 8.4 Department of management.
24 The department of management is created, which is directly
25 attached to the office of the governor and under the general
26 direction, supervision, and control of the governor. The
27 office is in immediate charge of an officer to be known
28 as “the director”, who shall be appointed by the governor,
29 subject to confirmation by the senate, and shall hold office
30 at the governor’s pleasure and shall receive a salary as set
31 by the governor. The director may establish, abolish, and
32 consolidate divisions within the department of management
33 when necessary for the efficient performance of the various
34 functions and duties of the department of management. Before
35 entering upon the discharge of duties, the director shall
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1 take the constitutional oath of office and give a surety bond
2 in the penalty fixed by the governor, payable to the state,
3 which shall not be less than twenty-five thousand dollars,
4 conditioned upon the faithful discharge of the director’s
5 duties. The premium on the bond shall be paid out of the state
6 treasury.
7 Sec. 4. Section 8.5, subsection 1, Code 2024, is amended
8 by striking the subsection and inserting in lieu thereof the
9 following:
10 1. Personnel. Employ personnel as necessary for the
11 performance of the duties and responsibilities assigned to the
12 department of management.
13 Sec. 5. Section 8.5, Code 2024, is amended by adding the
14 following new subsections:
15 NEW SUBSECTION. 5. Investigations. Make such
16 investigations of the organization, activities, and methods of
17 procedure of the several departments and establishments as the
18 director of the department of management may be called upon to
19 make by the governor or general assembly.
20 NEW SUBSECTION. 6. Legislative assistance.
21 a. Furnish to any committee of either house of the general
22 assembly having jurisdiction over revenues or appropriations
23 such assistance and information regarding the financial affairs
24 of the government as the committee may request.
25 b. Develop and recommend legislative proposals deemed
26 necessary for the continued efficiency of the department of
27 management in performing information technology functions under
28 subchapter XI, and review legislative proposals generated
29 outside of the department which are related to matters within
30 the department’s purview.
31 NEW SUBSECTION. 7. Rules. Make such rules, subject to the
32 approval of the governor, as may be necessary for effectively
33 carrying on the work of the department of management. The
34 director may, with the approval of the executive council,
35 require any state official, agency, department, or commission,
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1 to require any applicant, registrant, filer, permit holder,
2 or license holder, whether individual, partnership, trust, or
3 corporation, to submit to said official, agency, department,
4 or commission, the social security number or the tax number or
5 both so assigned to said individual, partnership, trust, or
6 corporation.
7 NEW SUBSECTION. 8. Allotments. Perform the necessary work
8 involved in reviewing requests for allotments as are submitted
9 to the governor for approval.
10 NEW SUBSECTION. 9. Budget document. Prepare the budget
11 document and draft the legislation to make it effective.
12 NEW SUBSECTION. 10. Taxation transparency and
13 disclosure. Exercise the powers and perform the duties
14 and responsibilities of the director and the department as
15 authorized or required under chapter 8G.
16 NEW SUBSECTION. 11. General control. Perform such other
17 duties as may be required to effectively control the financial
18 operations of the government as limited by this chapter.
19 NEW SUBSECTION. 12. Capital project budgeting
20 requests. Compile annually all capital project budgeting
21 requests of all state agencies, as those terms are defined in
22 section 8.3A, and to consolidate the requests, with individual
23 state agency priorities noted, into a report for submission
24 with the budget documents by the governor pursuant to section
25 8.22. Any additional information regarding the capital
26 project budgeting requests or priorities shall be compiled and
27 submitted in the same report.
28 NEW SUBSECTION. 13. Capital project planning and budgeting
29 authority. Call upon any state agency, as defined in section
30 8.3A, for assistance the director may require in performing the
31 director’s duties under subsection 12. All state agencies,
32 upon the request of the director, shall assist the director and
33 are authorized to make available to the director any existing
34 studies, surveys, plans, data, and other materials in the
35 possession of the state agencies which are relevant to the
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1 director’s duties.
2 NEW SUBSECTION. 14. State tort claims —— risk management
3 coordinator. Designate a position within the department of
4 management to serve as the executive branch’s risk management
5 coordinator.
6 a. The risk management coordinator shall have all of the
7 following responsibilities:
8 (1) Coordinating and monitoring risk control policies and
9 programs in the executive branch, including but not limited
10 to coordination with the employees of departments who are
11 responsible for the workers’ compensation for state employees
12 and management of state property.
13 (2) Consulting with the attorney general with respect to
14 the risk control policies and programs and trends in claims and
15 liability of the state under chapter 669.
16 (3) Coordinating the state’s central data repository for
17 claims and risk information.
18 b. The costs of salary, benefits, and support for the risk
19 management coordinator shall be authorized by the state appeal
20 board established in chapter 73A and shall be paid as claims
21 for services furnished to the state under section 25.2.
22 NEW SUBSECTION. 15. Salary model administrator. Designate
23 a position within the department of management to serve as the
24 salary model administrator.
25 a. The salary model administrator shall work in conjunction
26 with the legislative services agency to maintain the state’s
27 salary model used for analyzing, comparing, and projecting
28 state employee salary and benefit information, including
29 information relating to employees of the state board of
30 regents.
31 b. The department of revenue, the department of
32 administrative services, the institutions governed by the state
33 board of regents pursuant to section 262.7, each judicial
34 district’s department of correctional services, and the state
35 department of transportation shall provide salary data to the
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1 department of management and the legislative services agency
2 to operate the state’s salary model. The format and frequency
3 of provision of the salary data shall be determined by the
4 department of management and the legislative services agency.
5 c. The information shall be used in collective bargaining
6 processes under chapter 20 and in calculating the funding needs
7 contained within any annual salary adjustment legislation.
8 A state employee organization as defined in section 20.3,
9 subsection 4, may request information produced by the model,
10 but the information provided shall not contain information
11 attributable to individual employees.
12 NEW SUBSECTION. 16. Chief information officer. Designate a
13 position within the department of management to serve as the
14 chief information officer for the department and supported
15 entities, as defined in section 8B.1, who shall be the sole
16 chief information officer for the department and supported
17 entities.
18 NEW SUBSECTION. 17. Gubernatorial advice. Provide advice
19 to the governor, including advice related to information
20 technology, as defined in section 8B.1.
21 NEW SUBSECTION. 18. Information technology
22 consultation. Consult with departments and establishments on
23 issues related to information technology, as defined in section
24 8B.1.
25 NEW SUBSECTION. 19. Cybersecurity. Exercise the sole
26 authority in the executive branch of state government for
27 convening cross-jurisdictional, multi-entity collaborations to
28 address cybersecurity issues for supported entities, as defined
29 in section 8B.1.
30 NEW SUBSECTION. 20. Designation of services —— funding ——
31 customer council.
32 a. Establish a process by which the department of
33 management, in consultation with the department of
34 administrative services, determines which services provided
35 by the department of administrative services shall be funded
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1 by an appropriation and which services shall be funded by the
2 governmental entity receiving the service.
3 b. Establish a process for determining whether the
4 department of administrative services shall be the sole
5 provider of a service for purposes of those services which the
6 department of management determines under paragraph “a” are to
7 be funded by the governmental entities receiving the service.
8 c. (1) Establish, by rule, a customer council responsible
9 for overseeing the services provided solely by the department
10 of administrative services. The rules adopted shall provide
11 for all of the following:
12 (a) The method of appointment of members to the council by
13 the governmental entities required to receive the services.
14 (b) The duties of the customer council which shall be as
15 follows:
16 (i) Annual review and approval of the department of
17 administrative services’ business plan regarding services
18 provided solely by the department of administrative services.
19 (ii) Annual review and approval of the procedure for
20 resolving complaints concerning services provided by the
21 department of administrative services.
22 (iii) Annual review and approval of the procedure
23 for setting rates for the services provided solely by the
24 department of administrative services.
25 (c) A process for receiving input from affected
26 governmental entities as well as for a biennial review by the
27 customer council of the determinations made by the department
28 of management of which services are funded by an appropriation
29 to the department of administrative services and which services
30 are funded by the governmental entities receiving the service,
31 including any recommendations as to whether the department of
32 adminis