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Senate File 518

Partial Bill History

Bill Text

PAG LIN
  1  1                                          SENATE FILE 518
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE ADMINISTRATION OF STATE GOVERNMENT, BY 
  1  5    PROVIDING FOR THE PRACTICES OF THE DEPARTMENT OF
  1  6    GENERAL SERVICES, STATE PROCUREMENT, MOTOR VEHICLES,
  1  7    AND STATE PRINTING.
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1 10 
  1 11    Section 1.  Section 2B.1, subsection 3, Code 1997, is
  1 12 amended to read as follows:
  1 13    3.  The Iowa Code and administrative code divisions are
  1 14 responsible for the editing, compiling, and proofreading of
  1 15 the publications they prepare, as provided in this chapter and
  1 16 notwithstanding section 18.76.  The Iowa Code division is
  1 17 entitled to the temporary possession of the original enrolled
  1 18 Acts and resolutions as necessary to prepare them for
  1 19 publication.
  1 20    Sec. 2.  Section 18.1, subsection 2, Code 1997, is amended
  1 21 to read as follows:
  1 22    2.  "Competitive bidding procedures procedure" means the
  1 23 advertisement for, solicitation of, or the procurement of
  1 24 bids; the manner and condition in which bids are received; and
  1 25 the procedure by which bids are opened, accessed, accepted, or
  1 26 rejected, or awarded.  A "competitive bidding procedure" may
  1 27 include a transaction accomplished in an electronic format.
  1 28    Sec. 3.  Section 18.1, Code 1997, is amended by adding the
  1 29 following new subsection:
  1 30    NEW SUBSECTION.  7.  "State buildings and grounds" excludes
  1 31 any building under the custody and control of the Iowa public
  1 32 employees' retirement system.
  1 33    Sec. 4.  Section 18.3, subsections 4 and 7, Code 1997, are
  1 34 amended to read as follows:
  1 35    4.  Providing for the proper maintenance of the state
  2  1 capitol, grounds, and equipment and all other state buildings,
  2  2 and grounds, and equipment at the seat of government, except
  2  3 those referred to in section 216B.3, subsection 6.
  2  4    7.  Providing architectural services, contracting for
  2  5 construction and construction oversight for state agencies
  2  6 except for the board of regents, department of transportation,
  2  7 national guard, and natural resource commission, and the Iowa
  2  8 public employees' retirement system.  Capital funding
  2  9 appropriated to state agencies, except the board of regents,
  2 10 department of transportation, national guard, and natural
  2 11 resource commission, and the Iowa public employees' retirement
  2 12 system for property management shall be transferred for
  2 13 administration and control to the director of the department
  2 14 of general services.
  2 15    Sec. 5.  Section 18.3, Code 1997, is amended by adding the
  2 16 following new subsections:
  2 17    NEW SUBSECTION.  10.  Developing and implementing
  2 18 procedures to conduct transactions, including purchasing,
  2 19 authorized by this chapter in an electronic format to the
  2 20 extent determined appropriate by the department.  The
  2 21 department shall adopt rules establishing criteria for
  2 22 competitive bidding procedures involving transactions in an
  2 23 electronic format, including criteria for accepting or
  2 24 rejecting bids which are electronically transmitted to the
  2 25 department, and for establishing with reasonable assurance the
  2 26 authenticity of the bid and the bidder's identity.
  2 27    NEW SUBSECTION.  11.  Insuring motor vehicles owned by the
  2 28 state.  Insurance coverage may be provided through a self-
  2 29 insurance program administered by the department or purchased
  2 30 from an insurer.  If the department utilizes a self-insurance
  2 31 program, the department shall maintain loss and exposure data
  2 32 for vehicles under the jurisdiction of the state fleet
  2 33 administrator.  Upon request, state agencies shall provide all
  2 34 loss and exposure information to the department.
  2 35    NEW SUBSECTION.  12.  Organizing the department by
  3  1 divisions or other subunits to promote the effective and
  3  2 efficient administration of the department.
  3  3    Sec. 6.  Section 18.6, subsections 2, 3, 4, and 9, Code
  3  4 1997, are amended to read as follows:
  3  5    2.  The director may also exempt the purchase of an item or
  3  6 service from a competitive bidding procedure when the director
  3  7 determines that the best interests of the state will be served
  3  8 due to an by the exemption which shall be based on one of the
  3  9 following:
  3 10    a.  An immediate or emergency need existing for the item or
  3 11 service.
  3 12    b.  A need to protect the health, safety, or welfare of
  3 13 persons occupying or visiting a public improvement or property
  3 14 located adjacent to the public improvement.
  3 15    3.  The director shall have the power to contract for the
  3 16 purchase of items or services by the department.  Contracts
  3 17 for the purchase of items shall be awarded on the basis of the
  3 18 lowest competent bid.  Contracts not based on competitive
  3 19 bidding shall be awarded on the basis of bidder competence and
  3 20 reasonable price.
  3 21    The director may enter into an agreement with the
  3 22 government of another state or with the federal government to
  3 23 provide for the cooperative purchase of an item or service of
  3 24 general use in this state.
  3 25    4.  The director may refuse all bids on any item or service
  3 26 and institute a new bidding procedure.
  3 27    9.  a.  When the estimated total cost of construction,
  3 28 erection, demolition, alteration, or repair of a public
  3 29 improvement exceeds twenty-five thousand dollars, the
  3 30 department shall advertise for solicit bids on the proposed
  3 31 improvement by publishing an advertisement in a print format.
  3 32 The advertisement shall appear in two publications in a
  3 33 newspaper published in the county in which the work is to be
  3 34 done.  The first advertisement for bids appearing in a
  3 35 newspaper shall be not less than fifteen days prior to the
  4  1 date set for receiving bids.  The department may publish an
  4  2 advertisement in an electronic format as an additional method
  4  3 of soliciting bids under this paragraph.
  4  4    b.  In awarding a contract, the department shall let the
  4  5 work to the lowest responsible bidder submitting a sealed
  4  6 proposal.  However, if the department considers the bids
  4  7 received not to be acceptable, all bids may be rejected and
  4  8 new bids requested.  A bid shall be accompanied, in a separate
  4  9 envelope, by a deposit of money or a certified check or credit
  4 10 union certified share draft bid bond in an amount to be named
  4 11 designated in the advertisement for bids as security that the
  4 12 bidder will enter into a contract for the doing of the work
  4 13 requested.  The department shall fix establish the bid
  4 14 security in an amount equal to at least five percent, but not
  4 15 more than ten percent of the estimated total cost of the work.
  4 16 The certified checks, share drafts or deposits of money bid
  4 17 bonds of the unsuccessful bidders shall be returned as soon as
  4 18 the successful bidder is determined, and the.  The certified
  4 19 check, share draft or deposit of money bid bond of the
  4 20 successful bidder shall be returned upon execution of the
  4 21 contract documents.  This section does not apply to the
  4 22 construction, erection, demolition, alteration, or repair of a
  4 23 public improvement when the contracting procedure for the
  4 24 doing of the work requested is otherwise provided for in
  4 25 another provision of law.
  4 26    Sec. 7.  Section 18.6, subsection 12, Code 1997, is amended
  4 27 by striking the subsection.
  4 28    Sec. 8.  Section 18.8, unnumbered paragraph 1, Code 1997,
  4 29 is amended to read as follows:
  4 30    The director shall provide necessary voice or data
  4 31 communications, including telephone and telegraph
  4 32 telecommunications cabling, lighting, fuel, and water services
  4 33 for the state buildings and grounds located at the seat of
  4 34 government, except the buildings and grounds referred to in
  4 35 section 216B.3, subsection 6.
  5  1    Sec. 9.  Section 18.8, unnumbered paragraph 5, Code
  5  2 Supplement 1997, is amended to read as follows:
  5  3    Except for buildings and grounds described in section
  5  4 216B.3, subsection 6, and; section 2.43, unnumbered paragraph
  5  5 1; and any buildings under the custody and control of the Iowa
  5  6 public employees' retirement system, the director shall assign
  5  7 office space at the capitol, other state buildings and
  5  8 elsewhere in the city of Des Moines, for all executive and
  5  9 judicial state agencies.  Assignments may be changed at any
  5 10 time.  The various officers to whom rooms have been so
  5 11 assigned may control the same while the assignment to them is
  5 12 in force.  Official apartments shall be used only for the
  5 13 purpose of conducting the business of the state.  The term
  5 14 "capitol" or "capitol building" as used in the Code shall be
  5 15 descriptive of all buildings upon the capitol grounds.  The
  5 16 capitol building itself is reserved for the operations of the
  5 17 general assembly, the governor and the courts and the
  5 18 assignment and use of physical facilities for the general
  5 19 assembly shall be pursuant to section 2.43.
  5 20    Sec. 10.  Section 18.12, subsection 8, Code 1997, is
  5 21 amended by adding the following new paragraph:
  5 22    NEW PARAGRAPH.  c.  The director may dispose of presses,
  5 23 printing equipment, printing supplies, and other machinery or
  5 24 equipment used in the printing operation, as provided in
  5 25 section 18.59.
  5 26    Sec. 11.  Section 18.12, subsection 9, Code 1997, is
  5 27 amended to read as follows:
  5 28    9.  a.  Lease all buildings and office space necessary to
  5 29 carry out the provisions of this chapter or necessary for the
  5 30 proper functioning of any state agency at the seat of
  5 31 government, with the approval of the executive council if no
  5 32 specific appropriation has been made.  The cost of any lease
  5 33 for which no specific appropriation has been made shall be
  5 34 paid from the fund provided in section 7D.29.
  5 35    b.  When the general assembly is not in session, the
  6  1 director of general services may request funds moneys from the
  6  2 executive council for moving state agencies located at the
  6  3 seat of government from one location to another.  The request
  6  4 may include moving costs, telephone telecommunications costs,
  6  5 repair costs, or any other costs relating to the move.  The
  6  6 executive council may approve and shall pay the costs from
  6  7 funds provided in section 7D.29 if it determines the agency or
  6  8 department has no available funds for these expenses.
  6  9    c.  Coordinate the leasing of buildings and office space by
  6 10 state agencies throughout the state and develop cooperative
  6 11 relationships with the state board of regents in order to
  6 12 promote the colocation of state agencies.
  6 13    Sec. 12.  Section 18.12, subsection 12, Code 1997, is
  6 14 amended by striking the subsection.
  6 15    Sec. 13.  Section 18.16, subsection 2, Code 1997, is
  6 16 amended to read as follows:
  6 17    2.  The director shall pay the lease or rental fees to the
  6 18 renter or lessor and submit a monthly statement to each state
  6 19 agency for which building and office space is rented or
  6 20 leased.  The If the director pays the lease or rental fees on
  6 21 behalf of a state agency, the state agency's payment to the
  6 22 department shall be credited to the rent revolving fund
  6 23 established by this section.  With the approval of the
  6 24 director, a state agency may pay the lease or rental cost
  6 25 shall be paid by the state agency to the department of general
  6 26 services in the same manner as other expenses of the state
  6 27 agency are paid and the payment shall be credited to the rent
  6 28 revolving fund directly to the person who is due the payment
  6 29 under the lease or rental agreement.
  6 30    Sec. 14.  Section 18.18, subsection 1, paragraphs a through
  6 31 c, Code 1997, are amended to read as follows:
  6 32    a.  By July 1, 1991, one One hundred percent of the
  6 33 purchases of inks which are used for newsprint printing
  6 34 services performed internally or contracted for by the
  6 35 department shall be soybean-based.
  7  1    b.  By July 1, 1993, one One hundred percent of the
  7  2 purchases of inks, other than inks which are used for
  7  3 newsprint printing services, and which are used internally or
  7  4 contracted for by the department, shall be soybean-based to
  7  5 the extent formulations for such inks are available.
  7  6    c.  By July 1, 1995, a A minimum of ten percent of the
  7  7 purchases of garbage can liners made by the department shall
  7  8 be plastic garbage can liners with recycled content.  The
  7  9 percentage shall increase by ten percent annually until fifty
  7 10 percent of the purchases of garbage can liners are plastic
  7 11 garbage can liners with recycled content.
  7 12    Sec. 15.  Section 18.18, subsection 5, Code 1997, is
  7 13 amended to read as follows:
  7 14    5.  Information on recycled content shall be requested on
  7 15 all bids for paper products issued by the state and on other
  7 16 bids for products which could have recycled content such as
  7 17 oil, plastic products, including but not limited to starch-
  7 18 based plastic products, compost materials, aggregate,
  7 19 solvents, soybean-based inks, and rubber products.
  7 20    Sec. 16.  Section 18.18, subsection 8, Code 1997, is
  7 21 amended by striking the subsection.
  7 22    Sec. 17.  NEW SECTION.  18.19  RECYCLING REVOLVING FUND.
  7 23    A recycling revolving fund is created within the state
  7 24 treasury under the control of the department.  The fund shall
  7 25 consist of any moneys appropriated by the general assembly and
  7 26 any other moneys available to and obtained or accepted by the
  7 27 department from the federal government or private sources for
  7 28 placement in the fund.  The assets of the fund shall be used
  7 29 by the department only for supporting recycling operations.
  7 30 Moneys in the fund, which may be subject to warrants written
  7 31 by the director of revenue and finance, shall be drawn upon
  7 32 the written requisition of the director or an authorized
  7 33 representative of the director.  The fund is subject to an
  7 34 annual audit by the auditor of state.  Section 8.33 does not
  7 35 apply to any moneys in the fund.  Notwithstanding section
  8  1 12C.7, subsection 2, interest or earnings on moneys deposited
  8  2 in the fund shall be credited to the fund.
  8  3    Sec. 18.  Section 18.20, unnumbered paragraph 1, Code 1997,
  8  4 is amended to read as follows:
  8  5    The department in accordance with recommendations made by
  8  6 the department of natural resources shall require all state
  8  7 agencies to establish an agency wastepaper recycling program
  8  8 by January 1, 1990.  The director shall adopt rules which
  8  9 require a state agency to develop a program to ensure the
  8 10 recycling of the wastepaper generated by the agency.  Each
  8 11 agency shall submit a report to the general assembly meeting
  8 12 in January 1990, which includes a description of the program
  8 13 plan and the agency's efforts to use recycled products.  All
  8 14 state employees shall practice conservation of paper
  8 15 materials.
  8 16    Sec. 19.  Section 18.28, unnumbered paragraph 2, Code 1997,
  8 17 is amended by striking the unnumbered paragraph.
  8 18    Sec. 20.  Section 18.32, Code 1997, is amended to read as
  8 19 follows:
  8 20    18.32  ADVERTISEMENTS FOR BIDS.
  8 21    The director shall advertise for bids for the doing of the
  8 22 public printing.
  8 23    Sec. 21.  Section 18.33, Code 1997, is amended to read as
  8 24 follows:
  8 25    18.33  REQUIREMENTS.
  8 26    Advertisements shall state where and how specifications and
  8 27 other necessary information may be obtained, the time during
  8 28 which the director will receive bids, and the day, hour, and
  8 29 place when bids will be publicly opened or accessed and the
  8 30 manner by which the contracts will be awarded.
  8 31    Sec. 22.  Section 18.36, Code 1997, is amended to read as
  8 32 follows:
  8 33    18.36  FORM OF BIDS.
  8 34    Bids must be:
  8 35    1.  Secured in writing, by telephone, or by facsimile, or
  9  1 in a format prescribed by the director as indicated in the bid
  9  2 specifications, and only on the blanks furnished with the
  9  3 specifications.
  9  4    2.  Signed by the bidder, or if a telephone or electronic
  9  5 bid, confirmed in writing by the bidder in a manner prescribed
  9  6 by the director.
  9  7    3.  If submitted Submitted in writing, submitted in a
  9  8 sealed envelope which shall be properly endorsed a format
  9  9 prescribed by the director which reasonably assures the
  9 10 authenticity of the bid and the bidder's identity.
  9 11    4.  In the hands of the director Submitted to the
  9 12 department as specified by the date and time fixed established
  9 13 in the advertisements for bids.
  9 14    Sec. 23.  Section 18.37, Code 1997, is amended to read as
  9 15 follows:
  9 16    18.37  DEPOSIT WITH BID OR YEARLY BOND.
  9 17    A bidder shall deposit with the director at the time the
  9 18 When a bidder files submits a bid to the department, the
  9 19 director may require the bidder to file a bid, bond or a
  9 20 certified check or credit union certified share draft payable
  9 21 to the state treasurer for in an amount to be fixed in the bid
  9 22 specifications, either covering all classes or items or
  9 23 services, or separate certified checks or drafts for each bid
  9 24 in case the bidder makes more than one bid.  In lieu of checks
  9 25 or share drafts a certified check, the bidder may furnish a
  9 26 yearly bond in an amount to be established by the director.
  9 27 Checks or share drafts Certified checks deposited by
  9 28 unsuccessful bidders, and by successful bidders when they have
  9 29 entered into the contract, shall be returned to them.
  9 30    Sec. 24.  Section 18.38, Code 1997, is amended to read as
  9 31 follows:
  9 32    18.38  OPENING AND ACCESSING OF BIDS – AWARD.
  9 33    All bids shall be publicly opened or accessed and read and
  9 34 the contracts let at the time and place fixed therefor, or on
  9 35 the adjourned day or days named by the director, of which
 10  1 adjournment all parties shall take notice awarded in the
 10  2 manner designated in the bid specifications.  In the award of
 10  3 contracts a contract, due consideration shall be given not
 10  4 only to the price bid, but to the mechanical and other
 10  5 equipment proposed to be used by the bidder, and the financial
 10  6 responsibility of the bidder, and the bidder's ability and
 10  7 experience in the performance of like or similar contracts,
 10  8 and any other factors that the department determines are
 10  9 relevant and that are included in the bid specifications.
 10 10    Sec. 25.  Section 18.43, Code 1997, is amended to read as
 10 11 follows:
 10 12    18.43  DUTY TO ENTER INTO CONTRACT – FORFEITURE.
 10 13    A If the department requires a bid bond or certified check
 10 14 as provided in section 18.37, a successful bidder shall,
 10 15 within ten days after the award, enter into a contract in
 10 16 accordance with the bid.  Unless this is done, or the delay is
 10 17 for reasons satisfactory to the director, the bid bond or
 10 18 certified check or credit union certified share draft
 10 19 submitted with the bid shall be forfeited to the state.  The
 10 20 bid specifications on which the bid is made constitute a part
 10 21 of the contract.
 10 22    Sec. 26.  Section 18.44, unnumbered paragraph 1, Code 1997,
 10 23 is amended to read as follows:
 10 24    The department shall enter into contracts which the
 10 25 department determines are reasonable.  The department may
 10 26 ensure that the contracts shall, among other provisions,
 10 27 provide that for the following:
 10 28    Sec. 27.  Section 18.45, Code 1997, is amended to read as
 10 29 follows:
 10 30    18.45  BOND.
 10 31    A The department may require that a bidder provide a bond
 10 32 for the faithful performance of the a contract shall be
 10 33 required in connection with each contract, in an.  The amount
 10 34 to of the bond shall be fixed established by the director.
 10 35 The bond shall be filed with the department as specified and
 11  1 approved by the director.
 11  2    Sec. 28.  Section 18.46, Code 1997, is amended to read as
 11  3 follows:
 11  4    18.46  WRITTEN AUTHORIZATON OF ORDERS.
 11  5    No printing Printing shall not be performed under any
 11  6 contract except on written orders therefor, on detailed forms
 11  7 prescribed as authorized by the director, and signed by the
 11  8 director or by some person authorized by the director.  Every
 11  9 Each order shall designate the contract under which the order
 11 10 is given, and the class, quantity, and kind of the required
 11 11 printing, the definite quantity and kind thereof, and be
 11 12 issued in duplicate with a stub copy preserved.  A separate
 11 13 series of stubs and duplicates shall be used for each class of
 11 14 printing.
 11 15    Sec. 29.  Section 18.48, Code 1997, is amended to read as
 11 16 follows:
 11 17    18.48  ACCEPTANCE OF PRINTING – PENALTY.
 11 18    No printing shall be accepted as in compliance with the
 11 19 contract when not of the grade of skill which is usually
 11 20 employed by first-class printers on printing of this class,
 11 21 nor when the printing is not of the full quality contracted
 11 22 for.  The director may reject or refuse delivery on printing
 11 23 which is not of the quality for which the contract was
 11 24 awarded.  If immediate necessity and or lack of time to
 11 25 procure printing elsewhere compel compels the use of defective
 11 26 printing furnished by a contractor, it the defective printing
 11 27 shall be accepted without approval, and one-half of the
 11 28 contract price thereon shall be deducted as liquidated damages
 11 29 for breach of contract.  The amount of the liquidated damages
 11 30 may be deducted from any payment to the contractor under any
 11 31 state contract.
 11 32    Sec. 30.  Section 18.49, Code 1997, is amended to read as
 11 33 follows:
 11 34    18.49  CONTRACTS BY INSTITUTIONAL HEADS.
 11 35    The director may authorize the managing board, or head, or
 12  1 chief executive officer of any institution or department of
 12  2 the state located outside the city of Des Moines Polk county
 12  3 to secure, under the specifications of the director,
 12  4 competitive bids for printing needed by the institution or
 12  5 department, and submit the bids to the director.  If the
 12  6 director approves any of the bids, the authorized board, head,
 12  7 or officer may contract for the printing, but the contract
 12  8 shall not be valid until a duplicate copy is filed with and
 12  9 approved by the director approves the contract.  The director
 12 10 shall prescribe the manner by which the director is notified
 12 11 of and approves the contract.
 12 12    Sec. 31.  Section 18.50, Code 1997, is amended to read as
 12 13 follows:
 12 14    18.50  EMERGENCY CONTRACTS.
 12 15    The director may at any time award a special separate
 12 16 printing contract or may authorize assistants an assistant to
 12 17 award a special separate printing contract for any work or
 12 18 material coming and materials or printing supplies within the
 12 19 provisions of chapter 7A and sections 18.26 to 18.103 but
 12 20 which are not included in current printing contracts already
 12 21 in existence, or which cannot properly be made the subject of
 12 22 a general contract, if the amount of each contract shall not
 12 23 exceed the amount of five thousand dollars, and if special
 12 24 bids.  A separate printing contract must have been duly
 12 25 solicited by the director from persons or firms vendors
 12 26 engaged in the kind of work under consideration who have
 12 27 indicated a desire to bid on the class of work to be done
 12 28 performed.
 12 29    Sec. 32.  Section 18.51, Code 1997, is amended to read as
 12 30 follows:
 12 31    18.51  PAPER, PRINTING SUPPLIES, AND ACCOUNTING.
 12 32    1.  The director may contract for paper and other printing
 12 33 supplies as part of the a printing or contract.  The director
 12 34 may purchase paper and other printing supplies and furnish the
 12 35 same them to the a contractor.  All paper purchased for use of
 13  1 the state shall, when practicable, have a distinguishing mark
 13  2 or water line by which it can be identified.
 13  3    2.  The director shall keep an accurate account with any
 13  4 person doing printing for the state.  The director shall
 13  5 charge the person the value of all paper drawn, credit the
 13  6 person with all paper used on behalf of the state, and compel
 13  7 an accounting for all paper which is not used.
 13  8    Sec. 33.  Section 18.59, subsection 1, Code 1997, is
 13  9 amended to read as follows:
 13 10    1.  To hold possession of possess all presses and other
 13 11 printing equipment, inventory all of the described equipment,
 13 12 and with the approval of the executive council sell the above-
 13 13 described dispose of the machinery and equipment that is no
 13 14 longer necessary or is unfit for use.  Receipts from the sale
 13 15 of presses, printing equipment, printing supplies, and other
 13 16 machinery or equipment used in the printing operation shall be
 13 17 deposited in the centralized printing revolving fund
 13 18 established in section 18.57.
 13 19    Sec. 34.  Section 18.60, Code 1997, is amended to read as
 13 20 follows:
 13 21    18.60  COST SYSTEMS MAINTAINED BY DEPARTMENTS.
 13 22    Each official, board, department, commission, or agency
 13 23 located outside the city of Des Moines Polk county, who
 13 24 maintains printing equipment, or does any printing for the
 13 25 state or its departments shall likewise keep an accurate cost
 13 26 system and make report each June 30 to the director of the
 13 27 amounts, and these.  These reports shall be included in the
 13 28 annual, fiscal, or calendar report of the director.
 13 29    Sec. 35.  Section 18.63, unnumbered paragraph 1, Code 1997,
 13 30 is amended to read as follows:
 13 31    No A department or commission of state located in the city
 13 32 of Des Moines Polk county shall not expend any funds moneys
 13 33 for the publication or distribution of books, or pamphlets, or
 13 34 reports unless the publication thereof be is expressly
 13 35 required by law or approved by the director.  A violation of
 14  1 this section shall constitute misfeasance in office.  The
 14  2 state printing administrator may exempt minimal single
 14  3 printing projects from the requirements of this section in
 14  4 order to permit a state agency to timely procure printing, if
 14  5 a state contract is not currently available.  The department
 14  6 shall adopt rules establishing criteria for exemption of
 14  7 minimal printing projects under this section.
 14  8    Sec. 36.  Section 18.82, Code 1997, is amended to read as
 14  9 follows:
 14 10    18.82  CUSTODY OF DOCUMENTS AND STORAGE ROOMS.
 14 11    The superintendent state printing administrator shall
 14 12 receive and have the custody of the Iowa documents, reports,
 14 13 and all other printed matter and, including all documents and
 14 14 reports, for which the state printing administrator is
 14 15 responsible under this chapter.  The state printing
 14 16 administrator shall make and supervise the distribution of the
 14 17 same printed matter in such manner as will be most economical
 14 18 and useful to the public.  The superintendent state printing
 14 19 administrator shall have charge of the state storage building
 14 20 or rooms, in which the superintendent state printing
 14 21 administrator shall keep the reports and documents printed
 14 22 matter.
 14 23    Sec. 37.  Section 18.115, Code 1997, is amended to read as
 14 24 follows:
 14 25    18.115  VEHICLE DISPATCHER STATE FLEET ADMINISTRATOR –
 14 26 EMPLOYEES – POWERS AND DUTIES – FUEL ECONOMY REQUIREMENTS.
 14 27    The director of the department of general services shall
 14 28 appoint a state vehicle dispatcher fleet administrator and
 14 29 other employees as necessary to administer this division.  The
 14 30 state vehicle dispatcher fleet administrator shall serve at
 14 31 the pleasure of the director and is not governed by the merit
 14 32 system provisions of chapter 19A.  Subject to the approval of
 14 33 the director, the state vehicle dispatcher fleet administrator
 14 34 has the following duties:
 14 35    1.  The dispatcher state fleet administrator shall assign
 15  1 to a state officer or employee or to a state office,
 15  2 department, bureau, or commission agency, one or more motor
 15  3 vehicles which may be required by the state officer or
 15  4 employee or department state agency, after the state officer
 15  5 or employee or department state agency has shown the necessity
 15  6 for such transportation.  The state vehicle dispatcher shall
 15  7 have the power to fleet administrator may assign a motor
 15  8 vehicle either for part time or full time.  The dispatcher
 15  9 shall have the right to state fleet administrator may revoke
 15 10 the assignment at any time.
 15 11    2.  The state vehicle dispatcher fleet administrator may
 15 12 cause all state-owned motor vehicles to be inspected
 15 13 periodically.  Whenever the inspection reveals that repairs
 15 14 have been improperly made on the motor vehicle or that the
 15 15 operator is not giving it the proper care, the dispatcher
 15 16 state fleet administrator shall report this fact to the head
 15 17 of the department state agency to which the motor vehicle has
 15 18 been assigned, together with recommendation for improvement.
 15 19    3.  The state vehicle dispatcher fleet administrator shall
 15 20 install a record system for the keeping of records of the
 15 21 total number of miles state-owned motor vehicles are driven
 15 22 and the per-mile cost of operation of each motor vehicle.
 15 23 Every state officer or employee shall keep a record book to be
 15 24 furnished by the state vehicle dispatcher fleet administrator
 15 25 in which the officer or employee shall enter all purchases of
 15 26 gasoline, lubricating oil, grease, and other incidental
 15 27 expense in the operation of the motor vehicle assigned to the
 15 28 officer or employee, giving the quantity and price of each
 15 29 purchase, including the cost and nature of all repairs on the
 15 30 motor vehicle.  Each operator of a state-owned motor vehicle
 15 31 shall promptly prepare a report at the end of each month on
 15 32 forms furnished by the state vehicle dispatcher fleet
 15 33 administrator and forward the same forwarded to the dispatcher
 15 34 at the statehouse state fleet administrator, giving the
 15 35 information the state vehicle dispatcher fleet administrator
 16  1 may request in the report.  The Each month the state vehicle
 16  2 dispatcher fleet administrator shall each month compile the
 16  3 costs and mileage of state-owned motor vehicles from the
 16  4 reports and keep a cost history card on for each motor vehicle
 16  5 and the costs shall be reduced to a cost-per-mile basis for
 16  6 each motor vehicle.  It shall be the duty of the The state
 16  7 vehicle dispatcher to fleet administrator shall call to the
 16  8 attention of an elected official or the head of any department
 16  9 state agency to which a motor vehicle has been assigned any
 16 10 evidence of the mishandling or misuse of any a state-owned
 16 11 motor vehicle which is called to the dispatcher's state fleet
 16 12 administrator's attention.
 16 13    PARAGRAPH DIVIDED.  A motor vehicle operated under this
 16 14 subsection shall not operate on gasoline other than gasoline
 16 15 blended with at least ten percent ethanol, unless under
 16 16 emergency circumstances.  A state-issued credit card used to
 16 17 purchase gasoline shall not be valid to purchase gasoline
 16 18 other than gasoline blended with at least ten percent ethanol,
 16 19 if commercially available.  The motor vehicle shall also be
 16 20 affixed with a brightly visible sticker which notifies the
 16 21 traveling public that the motor vehicle is being operated on
 16 22 gasoline blended with ethanol.  However, the sticker is not
 16 23 required to be affixed to an unmarked vehicle used for
 16 24 purposes of providing law enforcement or security.
 16 25    4.  The state vehicle dispatcher fleet administrator shall
 16 26 purchase all motor vehicles for all branches of the state
 16 27 government, except the state department of transportation,
 16 28 institutions under the control of the state board of regents,
 16 29 the department for the blind, and any other agencies state
 16 30 agency exempted by law.  Before purchasing any new motor
 16 31 vehicle the dispatcher shall make requests for public bids by
 16 32 advertisement and shall purchase the vehicles from the lowest
 16 33 responsible bidder for the type and make of motor vehicle
 16 34 designated.  The state fleet administrator shall purchase new
 16 35 vehicles in accordance with competitive bidding procedures for
 17  1 items or services as provided in this chapter.  The vehicle
 17  2 dispatcher state fleet administrator may purchase used or
 17  3 preowned vehicles at governmental or dealer auctions if the
 17  4 purchase is determined to be in the best interests of the
 17  5 state.
 17  6    In conjunction with the requirements of section 18.3,
 17  7 subsection 1, effective January 1, 1991, the The state vehicle
 17  8 dispatcher fleet administrator, and any other state agency,
 17  9 which for purposes of this paragraph includes but is not
 17 10 limited to community colleges and institutions under the
 17 11 control of the state board of regents, or local governmental
 17 12 political subdivision purchasing new motor vehicles for other
 17 13 than law enforcement purposes, shall purchase new passenger
 17 14 vehicles and light trucks such so that the average fuel
 17 15 efficiency for the fleet of new passenger vehicles and light
 17 16 trucks purchased in that year by the state vehicle dispatcher
 17 17 or other state agency or local governmental political
 17 18 subdivision equals or exceeds the average fuel economy
 17 19 standard for the vehicles' model year as established by the
 17 20 United States secretary of transportation under 15 U.S.C. }
 17 21 2002.  This paragraph does not apply to vehicles purchased for
 17 22 any of the following:  law enforcement purposes, school buses,
 17 23 or used for off-road maintenance work, or work vehicles used
 17 24 to pull loaded trailers.  The group of comparable vehicles
 17 25 within the total fleet purchased by the state vehicle
 17 26 dispatcher, or any other state agency or local governmental
 17 27 political subdivision purchasing motor vehicles for other than
 17 28 law enforcement purposes, shall have an average fuel
 17 29 efficiency rating equal to or exceeding the average fuel
 17 30 economy rating for that model year for that class of
 17 31 comparable vehicles as defined in 40 C.F.R. } 315-82.  As used
 17 32 in this paragraph, "fuel economy" means the average number of
 17 33 miles traveled by an automobile per gallon of gasoline
 17 34 consumed as determined by the United States environmental
 17 35 protection agency administrator in accordance with 26 U.S.C. }
 18  1 4064(c).  For purposes of this paragraph, "state agency"
 18  2 includes, but is not limited to, a community college or an
 18  3 institution under the control of the state board of regents.
 18  4    The Not later than February 15 of each year, the state
 18  5 vehicle dispatcher fleet administrator shall annually report
 18  6 compliance with the corporate average combined fuel economy
 18  7 standards published by the United States secretary of
 18  8 transportation for all new motor vehicles purchased by
 18  9 classification, other than motor vehicles purchased by the
 18 10 state department of transportation, institutions under the
 18 11 control of the state board of regents, the department for the
 18 12 blind, and any other state agency exempted from the
 18 13 requirements of this subsection.  The report of compliance
 18 14 shall classify the vehicles purchased for the current vehicle
 18 15 model year using the following categories:  (passenger
 18 16 automobiles, enforcement automobiles, vans, and light trucks)
 18 17 no later than January 31 of each year to the department of
 18 18 management and the energy and geological resources division
 18 19 of.  The state fleet administrator shall deliver a copy of the
 18 20 report to the department of natural resources.  As used in
 18 21 this paragraph, "combined corporate average fuel economy"
 18 22 means the combined corporate average fuel economy as defined
 18 23 in 40 49 C.F.R. } 600.002 533.5.
 18 24    a.  Effective January 1, 1993, the The state vehicle
 18 25 dispatcher, after consultation with the department of
 18 26 management and the various state agencies exempted from
 18 27 obtaining vehicles for use through the state vehicle
 18 28 dispatcher, shall adopt by rule pursuant to chapter 17A, a
 18 29 system of uniform standards for assigning fleet administrator
 18 30 shall assign motor vehicles available for use to maximize the
 18 31 average passenger miles per gallon of motor vehicle fuel
 18 32 consumed.  The standards should In assigning motor vehicles,
 18 33 the state fleet administrator shall consider standards
 18 34 established by the state fleet administrator, which may
 18 35 include but are not limited to the number of passengers
 19  1 traveling to a destination, the fuel economy of and passenger
 19  2 capacity of vehicles available for assignment, and any other
 19  3 relevant information, to assure assignment of the most energy
 19  4 efficient vehicle or combination of vehicles for a trip from
 19  5 those vehicles available for assignment.  The standards
 19  6 adopted by the state vehicle dispatcher shall not apply to
 19  7 special work vehicles, and law enforcement vehicles.  The
 19  8 rules when adopted standards shall apply to the following
 19  9 agencies:
 19 10    (1)  State vehicle dispatcher fleet administrator.
 19 11    (2)  State department of transportation.
 19 12    (3)  Institutions under the control of the state board of
 19 13 regents.
 19 14    (4)  The department for the blind.
 19 15    (5)  Any other state agency exempted from obtaining
 19 16 vehicles for use through the state vehicle dispatcher fleet
 19 17 administrator.
 19 18    b.  As used in paragraph "a", "fuel economy" means the
 19 19 average number of miles traveled by an automobile per gallon
 19 20 of gasoline consumed as determined by the United States
 19 21 environmental protection agency administrator in accordance
 19 22 with 26 U.S.C. } 4064(c).
 19 23    5.  Of all new passenger vehicles and light pickup trucks
 19 24 purchased by the state vehicle dispatcher fleet administrator,
 19 25 a minimum of ten percent of all such vehicles and trucks
 19 26 purchased shall be equipped with engines which utilize
 19 27 alternative methods of propulsion including but not limited to
 19 28 any of the following:
 19 29    a.  A flexible fuel, which is any of the following:
 19 30    (1)  A fuel blended with not more than fifteen percent
 19 31 gasoline and at least eighty-five percent ethanol.
 19 32    (2)  A fuel which is a mixture of diesel fuel and processed
 19 33 soybean oil.  At least twenty percent of the mixed fuel by
 19 34 volume must be processed soybean oil.
 19 35    (3)  A renewable fuel approved by the office of renewable
 20  1 fuels and coproducts pursuant to section 159A.2.
 20  2    b.  Compressed or liquefied natural gas.
 20  3    c.  Propane gas.
 20  4    d.  Solar energy.
 20  5    e.  Electricity.
 20  6    The provisions of this subsection do not apply to vehicles
 20  7 and trucks purchased and directly used for law enforcement or
 20  8 purchased and used for off-road maintenance work or to pull
 20  9 loaded trailers.
 20 10    It is the intent of the general assembly that the members
 20 11 of the midwest energy compact promote the development and
 20 12 purchase of motor vehicles equipped with engines which utilize
 20 13 alternative methods of propulsion.
 20 14    6.  All used motor vehicles turned in to the state vehicle
 20 15 dispatcher fleet administrator shall be disposed of by public
 20 16 auction, and the sales shall be advertised in a newspaper of
 20 17 general circulation one week in advance of sale, and the
 20 18 receipts from the sale shall be deposited in the depreciation
 20 19 fund to the credit of that department or state agency turning
 20 20 in the vehicle; except that, in the case of a used motor
 20 21 vehicle of special design, the state vehicle dispatcher fleet
 20 22 administrator may, with the approval of the director, instead
 20 23 of selling it at public auction, authorize the motor vehicle
 20 24 to be traded for another vehicle of similar design.  If a
 20 25 vehicle sustains damage and the cost to repair exceeds the
 20 26 wholesale value of the vehicle, the state vehicle dispatcher
 20 27 fleet administrator may dispose of the motor vehicle by
 20 28 obtaining two or more written salvage bids and the vehicle
 20 29 shall be sold to the highest responsible bidder.
 20 30    7.  The state vehicle dispatcher fleet administrator may
 20 31 authorize the establishment of motor pools consisting of a
 20 32 number of state-owned motor vehicles under the dispatcher's
 20 33 state fleet administrator's supervision and which the
 20 34 dispatcher.  The state fleet administrator may cause to be
 20 35 stored store the motor vehicles in a public or private garage.
 21  1 If the state fleet administrator establishes a motor pool is
 21  2 established by the state vehicle dispatcher, any state officer
 21  3 or employee desiring the use of a state-owned motor vehicle on
 21  4 state business shall notify the state vehicle dispatcher fleet
 21  5 administrator of the need for a vehicle within a reasonable
 21  6 time prior to actual use of the motor vehicle.  The state
 21  7 vehicle dispatcher fleet administrator may assign a motor
 21  8 vehicle from the motor pool to the state officer or employee.
 21  9 If two or more state officers or employees desire the use of a
 21 10 state-owned motor vehicle for a trip to the same destination
 21 11 for the same length of time, the state vehicle dispatcher
 21 12 fleet administrator may assign one vehicle to make the trip.
 21 13    8.  The state vehicle dispatcher fleet administrator shall
 21 14 cause to be marked require that a sign be placed on every each
 21 15 state-owned motor vehicle a sign in a conspicuous place which
 21 16 indicates its ownership by the state except cars.  This
 21 17 requirement shall not apply to motor vehicles requested to be
 21 18 exempt by the commissioner of public safety or the director of
 21 19 the department of general services.  All state-owned motor
 21 20 vehicles shall display registration plates bearing the word
 21 21 "official" except cars motor vehicles requested to be
 21 22 furnished with ordinary plates by the commissioner of public
 21 23 safety or the director of the department of general services
 21 24 pursuant to section 321.19.  The state vehicle dispatcher
 21 25 fleet administrator shall keep an accurate record of the
 21 26 registration plates used on all state cars state-owned motor
 21 27 vehicles.
 21 28    9.  The state vehicle dispatcher shall have the authority
 21 29 to make such fleet administrator may adopt other rules
 21 30 regarding the operation of state-owned motor vehicles, with
 21 31 the approval of the director of the department of general
 21 32 services, as may be necessary to carry out the purpose of this
 21 33 chapter.  All rules adopted by the vehicle dispatcher shall be
 21 34 approved by the director before becoming effective.
 21 35    10.  All gasoline fuel used in state-owned automobiles
 22  1 shall be purchased at cost from the various installations or
 22  2 garages of the state department of transportation, state board
 22  3 of regents, department of human services, or state car motor
 22  4 pools throughout the state, unless such purchases are exempted
 22  5 by the vehicle dispatcher.  The vehicle dispatcher shall study
 22  6 and determine the reasonable accessibility of these state-
 22  7 owned sources for the purchase of gasoline.  If these the
 22  8 state-owned sources for the purchase of gasoline fuel are not
 22  9 reasonably accessible,.  If the vehicle dispatcher state fleet
 22 10 administrator determines that state-owned sources for the
 22 11 purchase of fuel are not reasonably accessible, the state
 22 12 fleet administrator shall authorize the purchase of gasoline
 22 13 fuel from other sources.  The vehicle dispatcher state fleet
 22 14 administrator may prescribe a manner, other than the use of
 22 15 the revolving fund, in which the purchase of gasoline fuel
 22 16 from state-owned sources shall be is charged to the department
 22 17 or state agency responsible for the use of the automobile
 22 18 motor vehicle.  The vehicle dispatcher state fleet
 22 19 administrator shall prescribe the manner in which oil and
 22 20 other normal automobile motor vehicle maintenance for state-
 22 21 owned automobiles motor vehicles may be purchased from private
 22 22 sources, if they cannot be reasonably obtained from a state
 22 23 car motor pool.  The state vehicle dispatcher fleet
 22 24 administrator may advertise for bids and award contracts in
 22 25 accordance with competitive bidding procedures for items and
 22 26 services as provided in this chapter for the furnishing of
 22 27 gasoline fuel, oil, grease, and vehicle replacement parts for
 22 28 all state-owned motor vehicles.  The state vehicle dispatcher
 22 29 fleet administrator and other state agencies, when advertising
 22 30 for bids for gasoline, shall also seek bids for ethanol-
 22 31 blended gasoline.
 22 32    11.  The state vehicle dispatcher is responsible for
 22 33 insuring motor vehicles owned by the state.  Insurance
 22 34 coverage may be through a self-insurance program administered
 22 35 by the department or purchased from an insurer.  If the
 23  1 determination is made to utilize a self-insurance program the
 23  2 vehicle dispatcher shall maintain loss and exposure data for
 23  3 the vehicles under the dispatcher's jurisdiction.  Each agency
 23  4 shall provide to the department all requested motor vehicle
 23  5 loss and loss exposure information.
 23  6    Sec. 38.  Section 18.117, Code 1997, is amended to read as
 23  7 follows:
 23  8    18.117  PRIVATE USE PROHIBITED – RATE FOR STATE BUSINESS.
 23  9    1.  A state officer or employee shall not use a state-owned
 23 10 motor vehicle for personal private use, nor shall the.  A
 23 11 state officer or employee shall not be compensated for driving
 23 12 a privately owned motor vehicle unless it is done on state
 23 13 business with the approval of the state vehicle dispatcher,
 23 14 and in fleet administrator.  In that case the state officer or
 23 15 employee shall receive an amount to be determined by the state
 23 16 which may be director in consultation with the director of the
 23 17 department of personnel and the director of revenue and
 23 18 finance.  The amount shall not exceed the maximum allowable
 23 19 under the federal internal revenue service rules per mile,
 23 20 notwithstanding established mileage requirements or
 23 21 depreciation allowances.  However, the director may authorize
 23 22 per mile reimbursement private motor vehicle rates in excess
 23 23 of the rate allowed under the federal internal revenue service
 23 24 rules for state business use of substantially modified or
 23 25 specially equipped privately owned vehicles required by
 23 26 persons with disabilities.  A statutory provision stipulating
 23 27 establishing reimbursement for necessary mileage, travel, or
 23 28 actual expenses reimbursement to a state officer falls under
 23 29 the mileage reimbursement private motor vehicle mileage rate
 23 30 limitation provided in this section unless specifically
 23 31 provided otherwise.  Any peace officer employed by the state
 23 32 as defined in section 801.4 who is required to use a private
 23 33 motor vehicle in the performance of official duties shall
 23 34 receive reimbursement for mileage expense the private vehicle
 23 35 mileage rate at the rate specified provided in this section.
 24  1 However, the state vehicle dispatcher fleet administrator may
 24  2 delegate authority to officials of the state, and department
 24  3 heads, for the use of private vehicles on state business up to
 24  4 a yearly mileage figure established by the director of general
 24  5 services.  If a state motor vehicle has been assigned to a
 24  6 state officer or employee, the officer or employee shall not
 24  7 collect mileage for the use of a privately owned motor vehicle
 24  8 unless the state motor vehicle assigned is not usable.
 24  9    2.  This section Subsection 1 does not apply to officials
 24 10 any of the following:
 24 11    a.  Officials and employees of the state whose mileage is
 24 12 paid by other than by a state agencies and this section does
 24 13 not apply to elected agency.
 24 14    b.  Elected officers of the state, judicial.
 24 15    c.  Judicial officers, or court employees.
 24 16    d.  Members and employees of the general assembly who shall
 24 17 be governed by policies relating to motor vehicle travel,
 24 18 including but not limited to reimbursement for expenses, as
 24 19 established by the general assembly.
 24 20    Sec. 39.  Section 421.40, unnumbered paragraph 3, Code
 24 21 1997, is amended to read as follows:
 24 22    The departments, the general assembly, and the courts shall
 24 23 pay their claims in a timely manner.  If a claim for services,
 24 24 supplies, materials, or a contract which is payable from the
 24 25 state treasury remains unpaid after sixty days following the
 24 26 receipt of the claim or the satisfactory delivery, furnishing,
 24 27 or performance of the services, supplies, materials, or
 24 28 contract, whichever date is later, the state shall pay
 24 29 interest at the rate of one percent per month on the unpaid
 24 30 amount of the claim.  This paragraph does not apply to claims
 24 31 against the state under chapters 25 and 669 or to claims paid
 24 32 by federal funds.  The interest shall be charged to the
 24 33 appropriation or fund to which the claim is certified.
 24 34 Departments may enter into contracts for goods or services on
 24 35 payment terms of less than sixty days if the state may obtain
 25  1 a financial benefit or incentive which would not otherwise be
 25  2 available from the vendor.  The department of revenue and
 25  3 finance, in consultation with the department of general
 25  4 services and other affected agencies, shall develop policies
 25  5 to promote consistency and fiscal responsibility relating to
 25  6 payment terms authorized under this paragraph.  The director
 25  7 of the department of revenue and finance shall adopt rules
 25  8 under chapter 17A relating to the administration of this
 25  9 paragraph.
 25 10    Sec. 40.  NAME CHANGES – DIRECTIONS TO CODE EDITOR.
 25 11    1.  The Iowa Code editor shall change references to
 25 12 "superintendent of printing" to "state printing administrator"
 25 13 wherever the references appear in the Code.
 25 14    2.  The Iowa Code editor shall change references to "state
 25 15 vehicle dispatcher" to "state fleet administrator" wherever
 25 16 the references appear in the Code.
 25 17    Sec. 41.  Sections 18.41, 18.52, 18.55, 18.56, 18.76,
 25 18 18.77, 18.78, 18.79, and 18.118, Code 1997, are repealed.  
 25 19 
 25 20 
 25 21                                                             
 25 22                               MARY E. KRAMER
 25 23                               President of the Senate
 25 24 
 25 25 
 25 26                                                             
 25 27                               RON J. CORBETT
 25 28                               Speaker of the House
 25 29 
 25 30    I hereby certify that this bill originated in the Senate and
 25 31 is known as Senate File 518, Seventy-seventh General Assembly.
 25 32 
 25 33 
 25 34                                                             
 25 35                               MARY PAT GUNDERSON
 26  1                               Secretary of the Senate
 26  2 Approved                , 1998
 26  3 
 26  4 
 26  5                         
 26  6 TERRY E. BRANSTAD
 26  7 Governor
     
Text: SF00517                           Text: SF00519
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