Relating to matters under the purview of the department of management, and including effective date and applicability provisions

The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly. This bill relates to matters under the purview of the department of management (DOM). The bill strikes current law providing for the use of moneys in the technology reinvestment fund for certain technology projects and instead appropriates moneys in the fund to DOM for technology projects using factors set forth in the bill. The bill requires DOM to provide a prioritized list of proposed projects to the governor, who must use the list to develop a budgetary recommendation to the general assembly, and to report completed and ongoing projects to the general assembly annually. The bill increases the frequency at which a person performing work for DOM or an individual on the information technology staff of a supported entity may be subject to a national criminal history check through the federal bureau of investigation from at least once every 10 years to every 5 years. The bill prohibits the inclusion of certain provisions in information technology contracts and declares those provisions void if present in such contracts. The bill also provides that such contracts are deemed to include provisions requiring the contract to be governed by Iowa law and litigation related to the contract to be brought and maintained in an appropriate state or federal court sitting in Iowa. The bill authorizes the director of DOM to include limitations of vendor liability in information technology goods and services contracts, but sets forth prohibited terms in such limitations of liability. The bill makes all communication concerning cybersecurity between the chief information security officer and other entities confidential and allows the communications to be released only for specific purposes. Under current law, the department of health and human services serves as the Iowa statistical analysis center and maintains an integrated information system for data sharing among federal, state, and local governments. The bill transfers these powers and duties to DOM and grants DOM access to criminal justice information other than intelligence data and peace officer investigative reports maintained by the department of public safety. DOM is authorized to provide data analysis and reporting on issues that may affect the state’s correctional population and various subgroups of the population, to maintain a multiagency information system to track the progress of juveniles and adults charged with a criminal offense through state and local agencies and programs, and to count and track decision points for individuals in the juvenile justice system, child welfare system, and court system. If DOM lacks sufficient moneys to perform the authorized tasks of the Iowa statistical analysis center, the bill allows DOM to determine which, if any, to implement. The bill states that DOM is not the lawful custodian under Code chapter 22 (open records) for records DOM maintains in DOM’s information technology capacity for other state entities as an automated data processing unit of government or when held by DOM solely for storage for another department or establishment. The bill requires DOM to deny requests for information for which DOM is not the lawful custodian, to provide assistance to the lawful custodian to comply with production obligations, and to cooperate in any efforts to resist associated subpoenas.