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Senate Study Bill 216

Bill Text

PAG LIN
  1  1    Section 1.  Section 2B.1, subsection 3, Code 1997, is
  1  2 amended to read as follows:
  1  3    3.  The Iowa Code and administrative code divisions are
  1  4 responsible for the editing, compiling, and proofreading of
  1  5 the publications they prepare, as provided in this chapter and
  1  6 notwithstanding section 18.76.  The Iowa Code division is
  1  7 entitled to the temporary possession of the original enrolled
  1  8 Acts and resolutions as necessary to prepare them for
  1  9 publication.
  1 10    Sec. 2.  Section 18.1, subsection 2, Code 1997, is amended
  1 11 to read as follows:
  1 12    2.  "Competitive bidding procedures procedure" means the
  1 13 advertisement for, solicitation of, or the procurement of
  1 14 bids; the manner and condition in which bids are received; and
  1 15 the procedure by which bids are opened, accessed, accepted, or
  1 16 rejected, or awarded.  A "competitive bidding procedure" may
  1 17 include a transaction accomplished in an electronic format.
  1 18    Sec. 3.  Section 18.3, Code 1997, is amended by adding the
  1 19 following new subsections:
  1 20    NEW SUBSECTION.  10.  Developing and implementing
  1 21 procedures to conduct transactions, including purchasing,
  1 22 authorized by this chapter in an electronic format to the
  1 23 extent determined appropriate by the department.  The
  1 24 department shall adopt rules establishing criteria for
  1 25 competitive bidding procedures involving transactions in an
  1 26 electronic format, including criteria for accepting or
  1 27 rejecting bids which are electronically transmitted to the
  1 28 department, and for establishing with reasonable assurance the
  1 29 authenticity of the bid and the bidder's identity.
  1 30    NEW SUBSECTION.  11.  Insuring motor vehicles owned by the
  1 31 state.  Insurance coverage may be provided through a self-
  1 32 insurance program administered by the department or purchased
  1 33 from an insurer.  If the department utilizes a self-insurance
  1 34 program, the department shall maintain loss and exposure data
  1 35 for vehicles under the jurisdiction of the state fleet
  2  1 administrator.  Upon request, state agencies shall provide all
  2  2 loss and exposure information to the department.
  2  3    NEW SUBSECTION.  12.  Organizing the department by
  2  4 divisions or other subunits to promote the effective and
  2  5 efficient administration of the department.
  2  6    Sec. 4.  Section 18.6, subsections 2, 3, 4, and 9, Code
  2  7 1997, are amended to read as follows:
  2  8    2.  The director may also exempt the purchase of an item or
  2  9 service from a competitive bidding procedure when the director
  2 10 determines that the best interests of the state will be served
  2 11 due to an by the exemption which shall be based on one of the
  2 12 following:
  2 13    a.  An immediate or emergency need existing for the item or
  2 14 service.
  2 15    b.  A need to protect the health, safety, or welfare of
  2 16 persons occupying or visiting a public improvement or property
  2 17 located adjacent to the public improvement.
  2 18    c.  An opportunity to procure an item or service in another
  2 19 reasonable manner.
  2 20    3.  The director shall have the power to contract for the
  2 21 purchase of items or services by the department.  Contracts
  2 22 for the purchase of items shall be awarded on the basis of the
  2 23 lowest competent bid.  Contracts In awarding a contract, the
  2 24 director may consider the price of the item or service, the
  2 25 bidder's competence, the bidder's specialized expertise, the
  2 26 quality of the item or service, and any other factors that the
  2 27 director determines are relevant and that are included in the
  2 28 bid specifications.  Notwithstanding section 72.3, in any
  2 29 procurement made under this chapter, the director, following
  2 30 the submittal and evaluation of bids, may enter into best and
  2 31 final offer negotiations with qualified bidders as provided in
  2 32 the bid specifications in order to obtain the lowest price
  2 33 possible for the item or service.  A contract which is not
  2 34 based on a competitive bidding procedure shall be awarded on
  2 35 the basis of bidder a bidder's competence and reasonable, the
  3  1 reasonableness of the price, and any other factors that the
  3  2 director determines are relevant.
  3  3    The director may enter into an agreement with the
  3  4 government of another state or with the federal government to
  3  5 provide for the cooperative purchase of an item or service of
  3  6 general use in this state.
  3  7    4.  The director may refuse all bids on any item or service
  3  8 and institute a new bidding procedure.
  3  9    9.  a.  When the estimated total cost of construction,
  3 10 erection, demolition, alteration, or repair of a public
  3 11 improvement exceeds twenty-five thousand dollars, the
  3 12 department shall advertise for bids on the proposed
  3 13 improvement by publishing the advertisement either in an
  3 14 electronic or print format.  If the advertisement is published
  3 15 in an electronic format, it shall be accessible at least
  3 16 fifteen days prior to the date set for receiving bids.  If the
  3 17 advertisement is published in a print format, it shall be in
  3 18 two publications in a newspaper published in the county in
  3 19 which the work is to be done.  The first advertisement for
  3 20 bids appearing in a newspaper shall be not less than fifteen
  3 21 days prior to the date set for receiving bids.  The
  3 22    b.  In awarding a contract, the department shall let the
  3 23 work to the lowest responsible bidder submitting a sealed
  3 24 proposal may consider the price bid, the bidder's competence,
  3 25 the bidder's specialized expertise, the quality of the item or
  3 26 service to be provided, and any other factors that the
  3 27 director determines are relevant and that are included in the
  3 28 bid specifications.  However, if the department considers the
  3 29 bids received not to be acceptable, all bids may be rejected
  3 30 and new bids requested.  A bid shall be accompanied, in a
  3 31 separate envelope, by a deposit of money or a certified check
  3 32 or credit union certified share draft bid bond in an amount to
  3 33 be named designated in the advertisement for bids as security
  3 34 that the bidder will enter into a contract for the doing of
  3 35 the work requested.  The department shall fix establish the
  4  1 bid security in an amount equal to at least five percent, but
  4  2 not more than ten percent of the estimated total cost of the
  4  3 work.  The certified checks, share drafts or deposits of money
  4  4 bid bonds of the unsuccessful bidders shall be returned as
  4  5 soon as the successful bidder is determined, and the.  The
  4  6 certified check, share draft or deposit of money bid bond of
  4  7 the successful bidder shall be returned upon execution of the
  4  8 contract documents.  This section does not apply to the
  4  9 construction, erection, demolition, alteration, or repair of a
  4 10 public improvement when the contracting procedure for the
  4 11 doing of the work requested is otherwise provided for in
  4 12 another provision of law.
  4 13    Sec. 5.  Section 18.6, subsection 12, Code 1997, is amended
  4 14 by striking the subsection.
  4 15    Sec. 6.  Section 18.8, unnumbered paragraph 1, Code 1997,
  4 16 is amended to read as follows:
  4 17    The director shall provide necessary voice or data
  4 18 communications, including telephone and telegraph
  4 19 telecommunications cabling, lighting, fuel, and water services
  4 20 for the state buildings and grounds located at the seat of
  4 21 government, except the buildings and grounds referred to in
  4 22 section 216B.3, subsection 6.
  4 23    Sec. 7.  Section 18.12, subsection 8, Code 1997, is amended
  4 24 by adding the following new paragraph:
  4 25    NEW PARAGRAPH.  c.  The director may dispose of presses,
  4 26 printing equipment, printing supplies, and other machinery or
  4 27 equipment used in the printing operation, as provided in
  4 28 section 18.59.
  4 29    Sec. 8.  Section 18.12, subsection 9, Code 1997, is amended
  4 30 to read as follows:
  4 31    9.  a.  Lease all buildings and office space necessary to
  4 32 carry out the provisions of this chapter or necessary for the
  4 33 proper functioning of any state agency at the seat of
  4 34 government, with the approval of the executive council if no
  4 35 specific appropriation has been made.  The cost of any lease
  5  1 for which no specific appropriation has been made shall be
  5  2 paid from the fund provided in section 7D.29.
  5  3    b.  When the general assembly is not in session, the
  5  4 director of general services may request funds moneys from the
  5  5 executive council for moving state agencies located at the
  5  6 seat of government from one location to another.  The request
  5  7 may include moving costs, telephone telecommunications costs,
  5  8 repair costs, or any other costs relating to the move.  The
  5  9 executive council may approve and shall pay the costs from
  5 10 funds provided in section 7D.29 if it determines the agency or
  5 11 department has no available funds for these expenses.
  5 12    c.  Coordinate the leasing of buildings and office space by
  5 13 state agencies throughout the state and develop cooperative
  5 14 relationships with the state board of regents in order to
  5 15 promote the colocation of state agencies.
  5 16    Sec. 9.  Section 18.12, subsection 12, Code 1997, is
  5 17 amended by striking the subsection.
  5 18    Sec. 10.  Section 18.16, subsection 2, Code 1997, is
  5 19 amended to read as follows:
  5 20    2.  The director shall pay the lease or rental fees to the
  5 21 renter or lessor and submit a monthly statement to each state
  5 22 agency for which building and office space is rented or
  5 23 leased. The If the director pays the lease or rental fees on
  5 24 behalf of a state agency, the state agency's payment to the
  5 25 department shall be credited to the rent revolving fund
  5 26 established by this section.  With the approval of the
  5 27 director, a state agency may pay the lease or rental cost
  5 28 shall be paid by the state agency to the department of general
  5 29 services in the same manner as other expenses of the state
  5 30 agency are paid and the payment shall be credited to the rent
  5 31 revolving fund directly to the person who is due the payment
  5 32 under the lease or rental agreement.
  5 33    Sec. 11.  Section 18.18, subsection 1, paragraphs a through
  5 34 c, Code 1997, are amended to read as follows:
  5 35    a.  By July 1, 1991, one One hundred percent of the
  6  1 purchases of inks which are used for newsprint printing
  6  2 services performed internally or contracted for by the
  6  3 department shall be soybean-based.
  6  4    b.  By July 1, 1993, one One hundred percent of the
  6  5 purchases of inks, other than inks which are used for
  6  6 newsprint printing services, and which are used internally or
  6  7 contracted for by the department, shall be soybean-based to
  6  8 the extent formulations for such inks are available.
  6  9    c.  By July 1, 1995, a A minimum of ten percent of the
  6 10 purchases of garbage can liners made by the department shall
  6 11 be plastic garbage can liners with recycled content.  The
  6 12 percentage shall increase by ten percent annually until fifty
  6 13 percent of the purchases of garbage can liners are plastic
  6 14 garbage can liners with recycled content.
  6 15    Sec. 12.  Section 18.18, subsection 5, Code 1997, is
  6 16 amended to read as follows:
  6 17    5.  Information on recycled content shall be requested on
  6 18 all bids for paper products issued by the state and on other
  6 19 bids for products which could have recycled content such as
  6 20 oil, plastic products, including but not limited to starch-
  6 21 based plastic products, compost materials, aggregate,
  6 22 solvents, soybean-based inks, and rubber products.
  6 23    Sec. 13.  Section 18.18, subsection 8, Code 1997, is
  6 24 amended by striking the subsection.
  6 25    Sec. 14.  NEW SECTION.  18.19  RECYCLING REVOLVING FUND.
  6 26    A recycling revolving fund is created within the state
  6 27 treasury under the control of the department.  The fund shall
  6 28 consist of any moneys appropriated by the general assembly and
  6 29 any other moneys available to and obtained or accepted by the
  6 30 department from the federal government or private sources for
  6 31 placement in the fund.  The assets of the fund shall be used
  6 32 by the department only for supporting recycling operations.
  6 33 Moneys in the fund, which may be subject to warrants written
  6 34 by the director of revenue and finance, shall be drawn upon
  6 35 the written requisition of the director or an authorized
  7  1 representative of the director.  The fund is subject to an
  7  2 annual audit by the auditor of state.  Section 8.33 does not
  7  3 apply to any moneys in the fund.  Notwithstanding section
  7  4 12C.7, subsection 2, interest or earnings on moneys deposited
  7  5 in the fund shall be credited to the fund.
  7  6    Sec. 15.  Section 18.20, unnumbered paragraph 1, Code 1997,
  7  7 is amended to read as follows:
  7  8    The department in accordance with recommendations made by
  7  9 the department of natural resources shall require all state
  7 10 agencies to establish an agency wastepaper recycling program
  7 11 by January 1, 1990.  The director shall adopt rules which
  7 12 require a state agency to develop a program to ensure the
  7 13 recycling of the wastepaper generated by the agency.  Each
  7 14 agency shall submit a report to the general assembly meeting
  7 15 in January 1990, which includes a description of the program
  7 16 plan and the agency's efforts to use recycled products.  All
  7 17 state employees shall practice conservation of paper
  7 18 materials.
  7 19    Sec. 16.  Section 18.28, unnumbered paragraph 2, Code 1997,
  7 20 is amended by striking the unnumbered paragraph.
  7 21    Sec. 17.  Section 18.32, Code 1997, is amended to read as
  7 22 follows:
  7 23    18.32  ADVERTISEMENTS FOR BIDS.
  7 24    The director shall advertise for bids for the doing of the
  7 25 public printing.
  7 26    Sec. 18.  Section 18.33, Code 1997, is amended to read as
  7 27 follows:
  7 28    18.33  REQUIREMENTS.
  7 29    Advertisements shall state where and how specifications and
  7 30 other necessary information may be obtained, the time during
  7 31 which the director will receive bids, and the day, hour, and
  7 32 place when bids will be publicly opened or accessed and the
  7 33 manner by which the contracts will be awarded.
  7 34    Sec. 19.  Section 18.36, Code 1997, is amended to read as
  7 35 follows:
  8  1    18.36  FORM OF BIDS.
  8  2    Bids must be:
  8  3    1.  Secured in writing, by telephone, or by facsimile, or
  8  4 in a format prescribed by the director as indicated in the bid
  8  5 specifications, and only on the blanks furnished with the
  8  6 specifications.
  8  7    2.  Signed by the bidder, or if a telephone or electronic
  8  8 bid, confirmed in writing by the bidder in a manner prescribed
  8  9 by the director.
  8 10    3.  If submitted Submitted in writing, submitted in a
  8 11 sealed envelope which shall be properly endorsed a format
  8 12 prescribed by the director which reasonably assures the
  8 13 authenticity of the bid and the bidder's identity.
  8 14    4.  In the hands of the director Submitted to the
  8 15 department as specified by the date and time fixed established
  8 16 in the advertisements for bids.
  8 17    Sec. 20.  Section 18.37, Code 1997, is amended to read as
  8 18 follows:
  8 19    18.37  DEPOSIT WITH BID OR YEARLY BOND.
  8 20    A bidder shall deposit with the director at the time the
  8 21 When a bidder files submits a bid to the department, the
  8 22 director may require the bidder to file a bid, bond or a
  8 23 certified check or credit union certified share draft payable
  8 24 to the state treasurer for in an amount to be fixed in the bid
  8 25 specifications, either covering all classes or items or
  8 26 services, or separate certified checks or drafts for each bid
  8 27 in case the bidder makes more than one bid.  In lieu of checks
  8 28 or share drafts a certified check, the bidder may furnish a
  8 29 yearly bond in an amount to be established by the director.
  8 30 Checks or share drafts Certified checks deposited by
  8 31 unsuccessful bidders, and by successful bidders when they have
  8 32 entered into the contract, shall be returned to them.
  8 33    Sec. 21.  Section 18.38, Code 1997, is amended to read as
  8 34 follows:
  8 35    18.38  OPENING AND ACCESSING OF BIDS – AWARD.
  9  1    All bids shall be publicly opened or accessed and read and
  9  2 the contracts let at the time and place fixed therefor, or on
  9  3 the adjourned day or days named by the director, of which
  9  4 adjournment all parties shall take notice awarded in the
  9  5 manner designated in the bid specifications.  In the award of
  9  6 contracts a contract, due consideration shall be given not
  9  7 only to the price bid, but to the mechanical and other
  9  8 equipment proposed to be used by the bidder, and the financial
  9  9 responsibility of the bidder, and the bidder's ability and
  9 10 experience in the performance of like or similar contracts,
  9 11 and any other factors that the department determines are
  9 12 relevant and that are included in the bid specifications.
  9 13    Sec. 22.  Section 18.43, Code 1997, is amended to read as
  9 14 follows:
  9 15    18.43  DUTY TO ENTER INTO CONTRACT – FORFEITURE.
  9 16    A If the department requires a bid bond or certified check
  9 17 as provided in section 18.37, a successful bidder shall,
  9 18 within ten days after the award, enter into a contract in
  9 19 accordance with the bid.  Unless this is done, or the delay is
  9 20 for reasons satisfactory to the director, the bid bond or
  9 21 certified check or credit union certified share draft
  9 22 submitted with the bid shall be forfeited to the state.  The
  9 23 bid specifications on which the bid is made constitute a part
  9 24 of the contract.
  9 25    Sec. 23.  Section 18.44, unnumbered paragraph 1, Code 1997,
  9 26 is amended to read as follows:
  9 27    The department shall enter into contracts which the
  9 28 department determines are reasonable.  The department may
  9 29 ensure that the contracts shall, among other provisions,
  9 30 provide that for the following:
  9 31    Sec. 24.  Section 18.45, Code 1997, is amended to read as
  9 32 follows:
  9 33    18.45  BOND.
  9 34    A The department may require that a bidder provide a bond
  9 35 for the faithful performance of the a contract shall be
 10  1 required in connection with each contract, in an.  The amount
 10  2 to of the bond shall be fixed established by the director.
 10  3 The bond shall be filed with the department as specified and
 10  4 approved by the director.
 10  5    Sec. 25.  Section 18.46, Code 1997, is amended to read as
 10  6 follows:
 10  7    18.46  WRITTEN AUTHORIZATON OF ORDERS.
 10  8    No printing Printing shall not be performed under any
 10  9 contract except on written orders therefor, on detailed forms
 10 10 prescribed as authorized by the director, and signed by the
 10 11 director or by some person authorized by the director.  Every
 10 12 Each order shall designate the contract under which the order
 10 13 is given, and the class, quantity, and kind of the required
 10 14 printing, the definite quantity and kind thereof, and be
 10 15 issued in duplicate with a stub copy preserved.  A separate
 10 16 series of stubs and duplicates shall be used for each class of
 10 17 printing.
 10 18    Sec. 26.  Section 18.48, Code 1997, is amended to read as
 10 19 follows:
 10 20    18.48  ACCEPTANCE OF PRINTING – PENALTY.
 10 21    No printing shall be accepted as in compliance with the
 10 22 contract when not of the grade of skill which is usually
 10 23 employed by first-class printers on printing of this class,
 10 24 nor when the printing is not of the full quality contracted
 10 25 for.  The director may reject or refuse delivery on printing
 10 26 which is not of the quality for which the contract was
 10 27 awarded.  If immediate necessity and or lack of time to
 10 28 procure printing elsewhere compel compels the use of defective
 10 29 printing furnished by a contractor, it the defective printing
 10 30 shall be accepted without approval, and one-half of the
 10 31 contract price thereon shall be deducted as liquidated damages
 10 32 for breach of contract.  The amount of the liquidated damages
 10 33 may be deducted from any payment to the contractor under any
 10 34 state contract.
 10 35    Sec. 27.  Section 18.49, Code 1997, is amended to read as
 11  1 follows:
 11  2    18.49  CONTRACTS BY INSTITUTIONAL HEADS.
 11  3    The director may authorize the managing board, or head, or
 11  4 chief executive officer of any institution or department of
 11  5 the state located outside the city of Des Moines Polk county
 11  6 to secure, under the specifications of the director,
 11  7 competitive bids for printing needed by the institution or
 11  8 department, and submit the bids to the director.  If the
 11  9 director approves any of the bids, the authorized board, head,
 11 10 or officer may contract for the printing, but the contract
 11 11 shall not be valid until a duplicate copy is filed with and
 11 12 approved by the director approves the contract.  The director
 11 13 shall prescribe the manner by which the director is notified
 11 14 of and approves the contract.
 11 15    Sec. 28.  Section 18.50, Code 1997, is amended to read as
 11 16 follows:
 11 17    18.50  EMERGENCY CONTRACTS.
 11 18    The director may at any time award a special separate
 11 19 printing contract or may authorize assistants an assistant to
 11 20 award a special separate printing contract for any work or
 11 21 material coming and materials or printing supplies within the
 11 22 provisions of chapter 7A and sections 18.26 to 18.103 but
 11 23 which are not included in current printing contracts already
 11 24 in existence, or which cannot properly be made the subject of
 11 25 a general contract, if the amount of each contract shall not
 11 26 exceed the amount of five thousand dollars, and if special
 11 27 bids.  A separate printing contract must have been duly
 11 28 solicited by the director from persons or firms vendors
 11 29 engaged in the kind of work under consideration who have
 11 30 indicated a desire to bid on the class of work to be done
 11 31 performed.
 11 32    Sec. 29.  Section 18.51, Code 1997, is amended to read as
 11 33 follows:
 11 34    18.51  PAPER, PRINTING SUPPLIES, AND ACCOUNTING.
 11 35    1.  The director may contract for paper and other printing
 12  1 supplies as part of the a printing or contract.  The director
 12  2 may purchase paper and other printing supplies and furnish the
 12  3 same them to the a contractor.  All paper purchased for use of
 12  4 the state shall, when practicable, have a distinguishing mark
 12  5 or water line by which it can be identified.
 12  6    2.  The director shall keep an accurate account with any
 12  7 person doing printing for the state.  The director shall
 12  8 charge the person the value of all paper drawn, credit the
 12  9 person with all paper used on behalf of the state, and compel
 12 10 an accounting for all paper which is not used.
 12 11    Sec. 30.  Section 18.59, subsection 1, Code 1997, is
 12 12 amended to read as follows:
 12 13    1.  To hold possession of possess all presses and other
 12 14 printing equipment, inventory all of the described equipment,
 12 15 and with the approval of the executive council sell the above-
 12 16 described dispose of the machinery and equipment that is no
 12 17 longer necessary or is unfit for use.  Receipts from the sale
 12 18 of presses, printing equipment, printing supplies, and other
 12 19 machinery or equipment used in the printing operation shall be
 12 20 deposited in the centralized printing revolving fund
 12 21 established in section 18.57.
 12 22    Sec. 31.  Section 18.60, Code 1997, is amended to read as
 12 23 follows:
 12 24    18.60  COST SYSTEMS MAINTAINED BY DEPARTMENTS.
 12 25    Each official, board, department, commission, or agency
 12 26 located outside the city of Des Moines Polk county, who
 12 27 maintains printing equipment, or does any printing for the
 12 28 state or its departments shall likewise keep an accurate cost
 12 29 system and make report each June 30 to the director of the
 12 30 amounts, and these.  These reports shall be included in the
 12 31 annual, fiscal, or calendar report of the director.
 12 32    Sec. 32.  Section 18.63, unnumbered paragraph 1, Code 1997,
 12 33 is amended to read as follows:
 12 34    No A department or commission of state located in the city
 12 35 of Des Moines Polk county shall not expend any funds moneys
 13  1 for the publication or distribution of books, or pamphlets, or
 13  2 reports unless the publication thereof be is expressly
 13  3 required by law or approved by the director.  A violation of
 13  4 this section shall constitute misfeasance in office.  The
 13  5 state printing administrator may exempt minimal single
 13  6 printing projects from the requirements of this section in
 13  7 order to permit a state agency to timely procure printing, if
 13  8 a state contract is not currently available.  The department
 13  9 shall adopt rules establishing criteria for exemption of
 13 10 minimal printing projects under this section.
 13 11    Sec. 33.  Section 18.82, Code 1997, is amended to read as
 13 12 follows:
 13 13    18.82  CUSTODY OF DOCUMENTS AND STORAGE ROOMS.
 13 14    The superintendent state printing administrator shall
 13 15 receive and have the custody of the Iowa documents, reports,
 13 16 and all other printed matter and, including all documents and
 13 17 reports, for which the state printing administrator is
 13 18 responsible under this chapter.  The state printing
 13 19 administrator shall make and supervise the distribution of the
 13 20 same printed matter in such manner as will be most economical
 13 21 and useful to the public.  The superintendent state printing
 13 22 administrator shall have charge of the state storage building
 13 23 or rooms, in which the superintendent state printing
 13 24 administrator shall keep the reports and documents printed
 13 25 matter.
 13 26    Sec. 34.  Section 18.115, Code 1997, is amended to read as
 13 27 follows:
 13 28    18.115  VEHICLE DISPATCHER STATE FLEET ADMINISTRATOR –
 13 29 EMPLOYEES – POWERS AND DUTIES – FUEL ECONOMY REQUIREMENTS.
 13 30    The director of the department of general services shall
 13 31 appoint a state vehicle dispatcher fleet administrator and
 13 32 other employees as necessary to administer this division.  The
 13 33 state vehicle dispatcher fleet administrator shall serve at
 13 34 the pleasure of the director and is not governed by the merit
 13 35 system provisions of chapter 19A.  Subject to the approval of
 14  1 the director, the state vehicle dispatcher fleet administrator
 14  2 has the following duties:
 14  3    1.  The dispatcher state fleet administrator shall assign
 14  4 to a state officer or employee or to a state office,
 14  5 department, bureau, or commission agency, one or more motor
 14  6 vehicles which may be required by the state officer or
 14  7 employee or department state agency, after the state officer
 14  8 or employee or department state agency has shown the necessity
 14  9 for such transportation.  The state vehicle dispatcher shall
 14 10 have the power to fleet administrator may assign a motor
 14 11 vehicle either for part time or full time.  The dispatcher
 14 12 shall have the right to state fleet administrator may revoke
 14 13 the assignment at any time.
 14 14    2.  The state vehicle dispatcher fleet administrator may
 14 15 cause all state-owned motor vehicles to be inspected
 14 16 periodically.  Whenever the inspection reveals that repairs
 14 17 have been improperly made on the motor vehicle or that the
 14 18 operator is not giving it the proper care, the dispatcher
 14 19 state fleet administrator shall report this fact to the head
 14 20 of the department state agency to which the motor vehicle has
 14 21 been assigned, together with recommendation for improvement.
 14 22    3.  The state vehicle dispatcher fleet administrator shall
 14 23 install a record system for the keeping of records of the
 14 24 total number of miles state-owned motor vehicles are driven
 14 25 and the per-mile cost of operation of each motor vehicle.
 14 26 Every state officer or employee shall keep a record book to be
 14 27 furnished by the state vehicle dispatcher fleet administrator
 14 28 in which the officer or employee shall enter all purchases of
 14 29 gasoline, lubricating oil, grease, and other incidental
 14 30 expense in the operation of the motor vehicle assigned to the
 14 31 officer or employee, giving the quantity and price of each
 14 32 purchase, including the cost and nature of all repairs on the
 14 33 motor vehicle.  Each operator of a state-owned motor vehicle
 14 34 shall promptly prepare a report at the end of each month on
 14 35 forms furnished by the state vehicle dispatcher fleet
 15  1 administrator and forward the same forwarded to the dispatcher
 15  2 at the statehouse state fleet administrator, giving the
 15  3 information the state vehicle dispatcher fleet administrator
 15  4 may request in the report.  The Each month the state vehicle
 15  5 dispatcher fleet administrator shall each month compile the
 15  6 costs and mileage of state-owned motor vehicles from the
 15  7 reports and keep a cost history card on for each motor vehicle
 15  8 and the costs shall be reduced to a cost-per-mile basis for
 15  9 each motor vehicle.  It shall be the duty of the The state
 15 10 vehicle dispatcher to fleet administrator shall call to the
 15 11 attention of an elected official or the head of any department
 15 12 state agency to which a motor vehicle has been assigned any
 15 13 evidence of the mishandling or misuse of any a state-owned
 15 14 motor vehicle which is called to the dispatcher's state fleet
 15 15 administrator's attention.
 15 16    PARAGRAPH DIVIDED.  A motor vehicle operated under this
 15 17 subsection shall not operate on gasoline other than gasoline
 15 18 blended with at least ten percent ethanol, unless under
 15 19 emergency circumstances.  A state-issued credit card used to
 15 20 purchase gasoline shall not be valid to purchase gasoline
 15 21 other than gasoline blended with at least ten percent ethanol,
 15 22 if commercially available.  The motor vehicle shall also be
 15 23 affixed with a brightly visible sticker which notifies the
 15 24 traveling public that the motor vehicle is being operated on
 15 25 gasoline blended with ethanol.  However, the sticker is not
 15 26 required to be affixed to an unmarked vehicle used for
 15 27 purposes of providing law enforcement or security.
 15 28    4.  The state vehicle dispatcher fleet administrator shall
 15 29 purchase all motor vehicles for all branches of the state
 15 30 government, except the state department of transportation,
 15 31 institutions under the control of the state board of regents,
 15 32 the department for the blind, and any other agencies state
 15 33 agency exempted by law.  Before purchasing any new motor
 15 34 vehicle the dispatcher shall make requests for public bids by
 15 35 advertisement and shall purchase the vehicles from the lowest
 16  1 responsible bidder for the type and make of motor vehicle
 16  2 designated.  The state fleet administrator shall purchase new
 16  3 vehicles in accordance with competitive bidding procedures for
 16  4 items or services as provided in this chapter.  The vehicle
 16  5 dispatcher state fleet administrator may purchase used or
 16  6 preowned vehicles at governmental or dealer auctions if the
 16  7 purchase is determined to be in the best interests of the
 16  8 state.
 16  9    In conjunction with the requirements of section 18.3,
 16 10 subsection 1, effective January 1, 1991, the The state vehicle
 16 11 dispatcher fleet administrator, and any other state agency,
 16 12 which for purposes of this paragraph includes but is not
 16 13 limited to community colleges and institutions under the
 16 14 control of the state board of regents, or local governmental
 16 15 political subdivision purchasing new motor vehicles for other
 16 16 than law enforcement purposes, shall purchase new passenger
 16 17 vehicles and light trucks such so that the average fuel
 16 18 efficiency for the fleet of new passenger vehicles and light
 16 19 trucks purchased in that year by the state vehicle dispatcher
 16 20 or other state agency or local governmental political
 16 21 subdivision equals or exceeds the average fuel economy
 16 22 standard for the vehicles' model year as established by the
 16 23 United States secretary of transportation under 15 U.S.C. }
 16 24 2002.  This paragraph does not apply to vehicles purchased for
 16 25 any of the following:  law enforcement purposes, school buses,
 16 26 or primarily used for off-road maintenance work, or work
 16 27 vehicles used to pull loaded trailers.  The group of
 16 28 comparable vehicles within the total fleet purchased by the
 16 29 state vehicle dispatcher, or any other state agency or local
 16 30 governmental political subdivision purchasing motor vehicles
 16 31 for other than law enforcement purposes, shall have an average
 16 32 fuel efficiency rating equal to or exceeding the average fuel
 16 33 economy rating for that model year for that class of
 16 34 comparable vehicles as defined in 40 C.F.R. } 315-82.  As used
 16 35 in this paragraph, "fuel economy" means the average number of
 17  1 miles traveled by an automobile per gallon of gasoline
 17  2 consumed as determined by the United States environmental
 17  3 protection agency administrator in accordance with 26 U.S.C. }
 17  4 4064(c).  For purposes of this paragraph, "state agency"
 17  5 includes, but is not limited to, a community college or an
 17  6 institution under the control of the state board of regents.
 17  7    The Not later than February 15 of each year, the state
 17  8 vehicle dispatcher fleet administrator shall annually report
 17  9 compliance with the corporate average combined fuel economy
 17 10 standards published by the United States secretary of
 17 11 transportation for all new motor vehicles purchased by
 17 12 classification, other than motor vehicles purchased by the
 17 13 state department of transportation, institutions under the
 17 14 control of the state board of regents, the department for the
 17 15 blind, and any other state agency exempted from the
 17 16 requirements of this subsection.  The report of compliance
 17 17 shall classify the vehicles purchased for the current vehicle
 17 18 model year using the following categories:  (passenger
 17 19 automobiles, enforcement automobiles, vans, and light trucks)
 17 20 no later than January 31 of each year to the department of
 17 21 management and the energy and geological resources division
 17 22 of.  The state fleet administrator shall deliver a copy of the
 17 23 report to the department of natural resources.  As used in
 17 24 this paragraph, "combined corporate average fuel economy"
 17 25 means the combined corporate average fuel economy as defined
 17 26 in 40 49 C.F.R. } 600.002 533.5.
 17 27    a.  Effective January 1, 1993, the The state vehicle
 17 28 dispatcher, after consultation with the department of
 17 29 management and the various state agencies exempted from
 17 30 obtaining vehicles for use through the state vehicle
 17 31 dispatcher, shall adopt by rule pursuant to chapter 17A, a
 17 32 system of uniform standards for assigning fleet administrator
 17 33 shall assign motor vehicles available for use to maximize the
 17 34 average passenger miles per gallon of motor vehicle fuel
 17 35 consumed.  The standards should In assigning motor vehicles,
 18  1 the state fleet administrator shall consider standards
 18  2 established by the state fleet administrator, which may
 18  3 include but are not limited to the number of passengers
 18  4 traveling to a destination, the fuel economy of and passenger
 18  5 capacity of vehicles available for assignment, and any other
 18  6 relevant information, to assure assignment of the most energy
 18  7 efficient vehicle or combination of vehicles for a trip from
 18  8 those vehicles available for assignment.  The standards
 18  9 adopted by the state vehicle dispatcher shall not apply to
 18 10 special work vehicles, and law enforcement vehicles.  The
 18 11 rules when adopted standards shall apply to the following
 18 12 agencies:
 18 13    (1)  State vehicle dispatcher fleet administrator.
 18 14    (2)  State department of transportation.
 18 15    (3)  Institutions under the control of the state board of
 18 16 regents.
 18 17    (4)  The department for the blind.
 18 18    (5)  Any other state agency exempted from obtaining
 18 19 vehicles for use through the state vehicle dispatcher fleet
 18 20 administrator.
 18 21    b.  As used in paragraph "a", "fuel economy" means the
 18 22 average number of miles traveled by an automobile per gallon
 18 23 of gasoline consumed as determined by the United States
 18 24 environmental protection agency administrator in accordance
 18 25 with 26 U.S.C. } 4064(c).
 18 26    5.  Of all new passenger vehicles and light pickup trucks
 18 27 purchased by the state vehicle dispatcher fleet administrator,
 18 28 a minimum of ten percent of all such vehicles and trucks
 18 29 purchased shall be equipped with engines which utilize
 18 30 alternative methods of propulsion including but not limited to
 18 31 any of the following:
 18 32    a.  A flexible fuel, which is any of the following:
 18 33    (1)  A fuel blended with not more than fifteen percent
 18 34 gasoline and at least eighty-five percent ethanol.
 18 35    (2)  A fuel which is a mixture of diesel fuel and processed
 19  1 soybean oil.  At least twenty percent of the mixed fuel by
 19  2 volume must be processed soybean oil.
 19  3    (3)  A renewable fuel approved by the office of renewable
 19  4 fuels and coproducts pursuant to section 159A.2.
 19  5    b.  Compressed or liquefied natural gas.
 19  6    c.  Propane gas.
 19  7    d.  Solar energy.
 19  8    e.  Electricity.
 19  9    The provisions of this subsection do not apply to vehicles
 19 10 and trucks purchased and directly used for law enforcement or
 19 11 purchased and used exclusively for off-road maintenance work.
 19 12    It is the intent of the general assembly that the members
 19 13 of the midwest energy compact promote the development and
 19 14 purchase of motor vehicles equipped with engines which utilize
 19 15 alternative methods of propulsion.
 19 16    6.  All used motor vehicles turned in to the state vehicle
 19 17 dispatcher fleet administrator shall be disposed of by public
 19 18 auction, and the sales shall be advertised in a newspaper of
 19 19 general circulation one week in advance of sale, and the
 19 20 receipts from the sale shall be deposited in the depreciation
 19 21 fund to the credit of that department or state agency turning
 19 22 in the vehicle; except that, in the case of a used motor
 19 23 vehicle of special design, the state vehicle dispatcher fleet
 19 24 administrator may, with the approval of the director, instead
 19 25 of selling it at public auction, authorize the motor vehicle
 19 26 to be traded for another vehicle of similar design.  If a
 19 27 vehicle sustains damage and the cost to repair exceeds the
 19 28 wholesale value of the vehicle, the state vehicle dispatcher
 19 29 fleet administrator may dispose of the motor vehicle by
 19 30 obtaining two or more written salvage bids and the vehicle
 19 31 shall be sold to the highest responsible bidder.
 19 32    7.  The state vehicle dispatcher fleet administrator may
 19 33 authorize the establishment of motor pools consisting of a
 19 34 number of state-owned motor vehicles under the dispatcher's
 19 35 state fleet administrator's supervision and which the
 20  1 dispatcher.  The state fleet administrator may cause to be
 20  2 stored store the motor vehicles in a public or private garage.
 20  3 If the state fleet administrator establishes a motor pool is
 20  4 established by the state vehicle dispatcher, any state officer
 20  5 or employee desiring the use of a state-owned motor vehicle on
 20  6 state business shall notify the state vehicle dispatcher fleet
 20  7 administrator of the need for a vehicle within a reasonable
 20  8 time prior to actual use of the motor vehicle.  The state
 20  9 vehicle dispatcher fleet administrator may assign a motor
 20 10 vehicle from the motor pool to the state officer or employee.
 20 11 If two or more state officers or employees desire the use of a
 20 12 state-owned motor vehicle for a trip to the same destination
 20 13 for the same length of time, the state vehicle dispatcher
 20 14 fleet administrator may assign one vehicle to make the trip.
 20 15    8.  The state vehicle dispatcher fleet administrator shall
 20 16 cause to be marked require that a sign be placed on every each
 20 17 state-owned motor vehicle a sign in a conspicuous place which
 20 18 indicates its ownership by the state except cars.  This
 20 19 requirement shall not apply to motor vehicles requested to be
 20 20 exempt by the commissioner of public safety or the director of
 20 21 the department of general services.  All state-owned motor
 20 22 vehicles shall display registration plates bearing the word
 20 23 "official" except cars motor vehicles requested to be
 20 24 furnished with ordinary plates by the commissioner of public
 20 25 safety or the director of the department of general services
 20 26 pursuant to section 321.19.  The state vehicle dispatcher
 20 27 fleet administrator shall keep an accurate record of the
 20 28 registration plates used on all state cars state-owned motor
 20 29 vehicles.
 20 30    9.  The state vehicle dispatcher shall have the authority
 20 31 to make such fleet administrator may adopt other rules
 20 32 regarding the operation of state-owned motor vehicles, with
 20 33 the approval of the director of the department of general
 20 34 services, as may be necessary to carry out the purpose of this
 20 35 chapter.  All rules adopted by the vehicle dispatcher shall be
 21  1 approved by the director before becoming effective.
 21  2    10.  All gasoline fuel used in state-owned automobiles
 21  3 shall be purchased at cost from the various installations or
 21  4 garages of the state department of transportation, state board
 21  5 of regents, department of human services, or state car motor
 21  6 pools throughout the state, unless such purchases are exempted
 21  7 by the vehicle dispatcher.  The vehicle dispatcher shall study
 21  8 and determine the reasonable accessibility of these state-
 21  9 owned sources for the purchase of gasoline.  If these the
 21 10 state-owned sources for the purchase of gasoline fuel are not
 21 11 reasonably accessible,.  If the vehicle dispatcher state fleet
 21 12 administrator determines that state-owned sources for the
 21 13 purchase of fuel are not reasonably accessible, the state
 21 14 fleet administrator shall authorize the purchase of gasoline
 21 15 fuel from other sources.  The vehicle dispatcher state fleet
 21 16 administrator may prescribe a manner, other than the use of
 21 17 the revolving fund, in which the purchase of gasoline fuel
 21 18 from state-owned sources shall be is charged to the department
 21 19 or state agency responsible for the use of the automobile
 21 20 motor vehicle.  The vehicle dispatcher state fleet
 21 21 administrator shall prescribe the manner in which oil and
 21 22 other normal automobile motor vehicle maintenance for state-
 21 23 owned automobiles motor vehicles may be purchased from private
 21 24 sources, if they cannot be reasonably obtained from a state
 21 25 car motor pool.  The state vehicle dispatcher fleet
 21 26 administrator may advertise for bids and award contracts in
 21 27 accordance with competitive bidding procedures for items and
 21 28 services as provided in this chapter for the furnishing of
 21 29 gasoline fuel, oil, grease, and vehicle replacement parts for
 21 30 all state-owned motor vehicles.  The state vehicle dispatcher
 21 31 fleet administrator and other state agencies, when advertising
 21 32 for bids for gasoline, shall also seek bids for ethanol-
 21 33 blended gasoline.
 21 34    11.  The state vehicle dispatcher is responsible for
 21 35 insuring motor vehicles owned by the state.  Insurance
 22  1 coverage may be through a self-insurance program administered
 22  2 by the department or purchased from an insurer.  If the
 22  3 determination is made to utilize a self-insurance program the
 22  4 vehicle dispatcher shall maintain loss and exposure data for
 22  5 the vehicles under the dispatcher's jurisdiction.  Each agency
 22  6 shall provide to the department all requested motor vehicle
 22  7 loss and loss exposure information.
 22  8    Sec. 35.  Section 18.117, Code 1997, is amended to read as
 22  9 follows:
 22 10    18.117  PRIVATE USE PROHIBITED – RATE FOR STATE BUSINESS.
 22 11    1.  A state officer or employee shall not use a state-owned
 22 12 motor vehicle for personal private use, nor shall the.  A
 22 13 state officer or employee shall not be compensated for driving
 22 14 a privately owned motor vehicle unless it is done on state
 22 15 business with the approval of the state vehicle dispatcher,
 22 16 and in fleet administrator.  In that case the state officer or
 22 17 employee shall receive an amount to be determined by the state
 22 18 which may be director in consultation with the director of the
 22 19 department of personnel and the director of revenue and
 22 20 finance.  The amount shall not exceed the maximum allowable
 22 21 under the federal internal revenue service rules per mile,
 22 22 notwithstanding established mileage requirements or
 22 23 depreciation allowances.  However, the director may authorize
 22 24 per mile reimbursement private motor vehicle rates in excess
 22 25 of the rate allowed under the federal internal revenue service
 22 26 rules for state business use of substantially modified or
 22 27 specially equipped privately owned vehicles required by
 22 28 persons with disabilities.  A statutory provision stipulating
 22 29 establishing reimbursement for necessary mileage, travel, or
 22 30 actual expenses reimbursement to a state officer falls under
 22 31 the mileage reimbursement private motor vehicle mileage rate
 22 32 limitation provided in this section unless specifically
 22 33 provided otherwise.  Any peace officer employed by the state
 22 34 as defined in section 801.4 who is required to use a private
 22 35 motor vehicle in the performance of official duties shall
 23  1 receive reimbursement for mileage expense the private vehicle
 23  2 mileage rate at the rate specified provided in this section.
 23  3 However, the state vehicle dispatcher fleet administrator may
 23  4 delegate authority to officials of the state, and department
 23  5 heads, for the use of private vehicles on state business up to
 23  6 a yearly mileage figure established by the director of general
 23  7 services.  If a state motor vehicle has been assigned to a
 23  8 state officer or employee, the officer or employee shall not
 23  9 collect mileage for the use of a privately owned motor vehicle
 23 10 unless the state motor vehicle assigned is not usable.
 23 11    2.  This section Subsection 1 does not apply to officials
 23 12 any of the following:
 23 13    a.  Officials and employees of the state whose mileage is
 23 14 paid by other than by a state agencies and this section does
 23 15 not apply to elected agency.
 23 16    b.  Elected officers of the state, judicial.
 23 17    c.  Judicial officers, or court employees.
 23 18    d.  Members and employees of the general assembly who shall
 23 19 be governed by policies relating to motor vehicle travel,
 23 20 including but not limited to reimbursement for expenses, as
 23 21 established by the general assembly.
 23 22    Sec. 36.  Section 421.40, unnumbered paragraph 3, Code
 23 23 1997, is amended to read as follows:
 23 24    The departments, the general assembly, and the courts shall
 23 25 pay their claims in a timely manner.  If a claim for services,
 23 26 supplies, materials, or a contract which is payable from the
 23 27 state treasury remains unpaid after sixty days following the
 23 28 receipt of the claim or the satisfactory delivery, furnishing,
 23 29 or performance of the services, supplies, materials, or
 23 30 contract, whichever date is later, the state shall pay
 23 31 interest at the rate of one percent per month on the unpaid
 23 32 amount of the claim.  This paragraph does not apply to claims
 23 33 against the state under chapters 25 and 669 or to claims paid
 23 34 by federal funds.  The interest shall be charged to the
 23 35 appropriation or fund to which the claim is certified.
 24  1 Departments may enter into contracts for goods or services on
 24  2 payment terms of less than sixty days if the state may obtain
 24  3 a financial benefit or incentive which would not otherwise be
 24  4 available from the vendor.  The department of revenue and
 24  5 finance, in consultation with the department of general
 24  6 services and other affected agencies, shall develop policies
 24  7 to promote consistency and fiscal responsibility relating to
 24  8 payment terms authorized under this paragraph.  The director
 24  9 of the department of revenue and finance shall adopt rules
 24 10 under chapter 17A relating to the administration of this
 24 11 paragraph.
 24 12    Sec. 37.  NAME CHANGES – DIRECTIONS TO CODE EDITOR.
 24 13    1.  The Iowa Code editor shall change references to
 24 14 "superintendent of printing" to "state printing administrator"
 24 15 wherever the references appear in the Code.
 24 16    2.  The Iowa Code editor shall change references to "state
 24 17 vehicle dispatcher" to "state fleet administrator" wherever
 24 18 the references appear in the Code.
 24 19    Sec. 38.  REPEALS.  Sections 18.41, 18.52, 18.55, 18.56,
 24 20 18.76, 18.77, 18.78, 18.79, and 18.118, Code 1997, are
 24 21 repealed.  
 24 22                           EXPLANATION
 24 23    This bill amends a number of provisions relating to the
 24 24 administration of state government, by providing for the
 24 25 administration of the department of general services and
 24 26 particularly provisions affecting procurement, state-owned
 24 27 motor vehicles, and state printing.  The bill amends the
 24 28 following sections:
 24 29    Code section 2B.1 is amended to eliminate a reference to
 24 30 Code section 18.76 which is repealed later in the bill.
 24 31    Code section 18.1 is amended to provide that the definition
 24 32 of "competitive bidding procedure" includes transactions
 24 33 accomplished in an electronic format.
 24 34    Code section 18.3 is amended to require that the department
 24 35 develop and implement procedures to conduct transactions,
 25  1 including purchasing, in an electronic format.  The section is
 25  2 amended to require that the department insure motor vehicles
 25  3 owned by state through a self-insurance program or through a
 25  4 private insurer.  A similar provision is eliminated from Code
 25  5 section 18.115.  The section is also amended to allow the
 25  6 department to organize by divisions or other subunits to
 25  7 promote the effective and efficient administration of the
 25  8 department.
 25  9    Code section 18.6 is amended to provide that the director
 25 10 may contract for the purchase of services as well as items.
 25 11 It provides that the department may exempt from ordinary
 25 12 competitive bidding procedures, the purchase of an item or
 25 13 service based on a determination that it is necessary to
 25 14 protect the health, safety, or welfare of persons occupying or
 25 15 visiting a public improvement or property located adjacent to
 25 16 the public improvement; or that an item or service may be
 25 17 procured in another reasonable manner.  The bill provides that
 25 18 the department is not obligated to award a contract based on
 25 19 the lowest competent bid.  The bill lists a number of factors
 25 20 that the director may consider, including price, bidder
 25 21 competence, and the item's or service's quality.  The bill
 25 22 allows the director to enter into best and final offer
 25 23 negotiations with qualified bidders in order to obtain the
 25 24 lowest price possible for the item or service.  The bill
 25 25 provides that the director may enter into an agreement with
 25 26 the government of another state or the federal government to
 25 27 provide for the cooperative purchase of an item or service of
 25 28 general use in the state.  The bill provides that the
 25 29 department may advertise for bids in an electronic format.
 25 30 The bill eliminates provisions regarding share drafts and
 25 31 deposits of moneys which are used by bidders to provide
 25 32 evidence of financial security.  The bill provides that the
 25 33 evidence of financial security is limited to a certified check
 25 34 and a bid bond.  The bill eliminates a requirement that a
 25 35 person submitting the proposed contract for the purchase of
 26  1 items must receive information regarding the availability of a
 26  2 waste management review.
 26  3    Code section 18.8 is amended to provide that the director
 26  4 may provide telecommunications cabling to state agencies and
 26  5 eliminates a reference to voice and data communications.
 26  6    Code section 18.12 is amended to provide that the
 26  7 department may dispose of presses, printing equipment,
 26  8 printing supplies, and other machinery or equipment used in
 26  9 the department's printing operation.  The bill moves a
 26 10 provision within chapter 18 requiring that the department
 26 11 coordinate the leasing of buildings and office space by state
 26 12 agencies throughout the state and develop cooperative
 26 13 relationships with state agencies and the state board of
 26 14 regents.
 26 15    Code section 18.16 is amended to provide that a state
 26 16 agency may directly pay the price of a lease or rental costs
 26 17 incurred by the state agency in lieu of the department paying
 26 18 the price of the lease or rental costs on behalf of the state
 26 19 agency.
 26 20    Code section 18.18 is amended to remove dates for
 26 21 compliance of recycling mandates which have expired.  The bill
 26 22 provides that information regarding recycled content for
 26 23 products that could be starch-based is no longer required to
 26 24 be included on bids.  The bill also eliminates a requirement
 26 25 providing for agreements with the states of Minnesota and
 26 26 Wisconsin for the purchase of general use items by January 1,
 26 27 1993.  The bill otherwise authorizes the department to enter
 26 28 into such agreements with any state and the federal
 26 29 government.
 26 30    Code section 18.19 is a new section which establishes a
 26 31 recycling revolving fund under the control of the department.
 26 32 The bill provides that the assets of the fund must be used by
 26 33 the department for supporting recycling operations.
 26 34    Code section 18.20 is amended to eliminate a January 1,
 26 35 1990, deadline for state agencies to establish wastepaper
 27  1 recycling programs.  It also eliminates a provision requiring
 27  2 agencies to submit reports to the general assembly by January
 27  3 1990.
 27  4    Code section 18.28 is amended by eliminating a provision
 27  5 which prohibits the reproduction of 10 or more copies from an
 27  6 original on an office copier located in the city of Des
 27  7 Moines, unless the department approves the copying.
 27  8    Code section 18.32 relates to the advertisement of bids.
 27  9 The section is amended to enhance readability.
 27 10    Code section 18.33 is amended to provide that
 27 11 advertisements for bid specifications shall provide how bids
 27 12 will be accessed as well as opened.
 27 13    Code section 18.36 is amended to provide requirements for
 27 14 bids.  The bill allows bids to be in a format prescribed by
 27 15 the department.  The bill provides that the bid may be
 27 16 submitted in an electronic format which reasonably assures the
 27 17 authenticity of the bid and the bidder's identity.
 27 18    Code section 18.37 amends a provision requiring a bidder to
 27 19 post evidence of financial security with the department.  The
 27 20 bill eliminates a reference to a credit union share draft, and
 27 21 allows a bidder to provide evidence of financial security by
 27 22 providing a certified check or posting a bid bond.
 27 23    Code section 18.38 is amended to provide that bids may be
 27 24 accessed as well as opened.  The bill provides that contracts
 27 25 are awarded in a manner designated in the bid specifications.
 27 26    Code section 18.43 is amended to remove a reference to
 27 27 credit union certified share drafts in a provision relating to
 27 28 a bidder's evidence of financial security.
 27 29    Code section 18.44 is amended to allow the department to
 27 30 enter into contracts which the department finds reasonable and
 27 31 which may include factors currently considered by the
 27 32 department.
 27 33    Code section 18.45 is amended to allow the department to
 27 34 determine when a bond by a bidder is required.
 27 35    Code section 18.46 is amended to eliminate requirements
 28  1 relating to written orders for printing including detailed
 28  2 specifications relating to the nature of orders.  The bill
 28  3 allows the department to determine procedures for completing
 28  4 an order.
 28  5    Code section 18.48 provides that the department may reject
 28  6 printing if it does not meet quality requirements of a first
 28  7 class printer.  It also provides that a contractor may be
 28  8 required to forfeit payment amounts as liquidated damages.
 28  9 This bill provides that the department may reject or refuse
 28 10 delivery on printing which is not of the quality contemplated
 28 11 in the contract.  It also provides that the liquidated damages
 28 12 may be deducted from any payment made to the contractor under
 28 13 any state contract.
 28 14    Code section 18.49 provides that the director may authorize
 28 15 a state agency located outside the city of Des Moines to
 28 16 secure printing bids.  This bill provides that a state agency
 28 17 located outside of Polk county may contract for outside
 28 18 printing.  The bill eliminates procedural requirements
 28 19 regarding the authorization and provides that the director
 28 20 must prescribe the manner by which notification and approval
 28 21 are made.
 28 22    Code section 18.50 is amended to provide that the director
 28 23 of the department may award separate printing contracts for
 28 24 work, material, or printing supplies which are not included in
 28 25 a current printing contract.  Currently, the department may
 28 26 enter into a special contract for work or materials, if the
 28 27 amount of the contract is $5,000 or less.  The bill removes
 28 28 this limitation.
 28 29    Code section 18.51 eliminates a requirement that all paper
 28 30 purchased for use by the state must have a distinguishing
 28 31 mark.  The bill also provides accounting requirements
 28 32 involving persons doing printing for the state.  The language
 28 33 of the provision is currently included in Code section 18.52
 28 34 which the bill repeals.
 28 35    Code section 18.59 is amended to provide that the
 29  1 department is no longer required to obtain the consent of the
 29  2 executive council prior to disposing of printing machinery or
 29  3 equipment.  The bill provides that receipts from the sale of
 29  4 presses, printing equipment, printing supplies, and other
 29  5 machinery or equipment used in the printing operation shall be
 29  6 deposited in the department's printing revolving fund.
 29  7    Code section 18.60 provides for accounts by state agencies
 29  8 located outside of the city of Des Moines which maintain
 29  9 printing equipment.  The bill provides that the provisions
 29 10 apply to agencies located outside Polk county.
 29 11    Code section 18.63 provides that state agencies located in
 29 12 the city of Des Moines may not expend moneys for the
 29 13 publication or distribution of materials unless required by
 29 14 law or approved by the director.  The bill provides that this
 29 15 requirement applies to state agencies located in Polk county.
 29 16 It removes a provision which provides that a violation of the
 29 17 requirement constitutes misfeasance in office.  The bill
 29 18 provides that the department may exempt minimal single
 29 19 printing projects from these requirements in order to permit a
 29 20 state agency to timely procure printing, if a state contract
 29 21 is not currently available.
 29 22    Code section 18.82 is amended to change the name of the
 29 23 state printing superintendent to the state printing
 29 24 administrator.
 29 25    Code section 18.115 currently provides for the duties and
 29 26 powers of the state vehicle dispatcher.  This bill amends the
 29 27 section by changing the name of the state vehicle dispatcher
 29 28 to the state fleet administrator.  The bill also provides that
 29 29 the administrator may notify an elected official as well as
 29 30 the head of a state agency regarding any mishandling or misuse
 29 31 of a state-owned motor vehicle.  The bill eliminates language
 29 32 in the section providing procedures for purchasing new motor
 29 33 vehicles.  The bill provides that a purchase must comply with
 29 34 competitive bidding procedures.  The section eliminates a
 29 35 reference to January 1, 1991, which was the date when new
 30  1 motor vehicles purchased by state agencies and local
 30  2 governments were required to comply with fuel efficiency
 30  3 standards.  The bill eliminates exemptions from the fuel
 30  4 economy requirement currently available for school buses, off-
 30  5 road maintenance work, and vehicles used to pull loaded
 30  6 trailers.  The bill changes the date from January 31 to
 30  7 February 15 when the department must annually report on
 30  8 compliance with the standards.  The bill eliminates the
 30  9 department of management as a recipient of the report.  The
 30 10 bill changes the fuel economy standard from a standard which
 30 11 measures combined fuel economy to a standard which measures
 30 12 corporate average fuel economy.  Both standards are
 30 13 established by the federal government.  The bill removes a
 30 14 requirement that the department establish a system of uniform
 30 15 standards for assigning motor vehicles by rule.  The bill
 30 16 provides that the department must assign motor vehicles based
 30 17 on standards which may include the same factors currently
 30 18 used.  The bill eliminates a provision referring to promoting
 30 19 the development and purchase of motor vehicle equipment with
 30 20 engines utilizing alternative methods of propulsion.  The bill
 30 21 amends provisions regarding the purchase of gasoline used in
 30 22 state-owned motor vehicles.  The bill replaces the term
 30 23 "gasoline" with "fuel".  The bill removes a requirement that
 30 24 the department study the accessibility of state-owned sources.
 30 25 The bill provides that the department may provide for the
 30 26 purchase of motor vehicle repair and maintenance in accordance
 30 27 with competitive bidding procedures.  The bill eliminates a
 30 28 provision requiring the department to obtain insurance
 30 29 coverage for motor vehicles.  Similar language is included
 30 30 elsewhere in the bill.
 30 31    Code section 18.117 provides for reimbursing state officers
 30 32 and employees who use a privately owned motor vehicle for
 30 33 state business.  The bill changes the name of the state
 30 34 vehicle dispatcher to the state fleet administrator.  The bill
 30 35 provides that the amount of reimbursement shall be based on an
 31  1 amount determined by the department in consultation with the
 31  2 department of personnel and the department of revenue and
 31  3 finance.  The bill provides that the section is not applicable
 31  4 to members and employees of the general assembly who are to be
 31  5 governed by policies established by the general assembly.
 31  6    Code section 421.40 provides procedures for the payment of
 31  7 claims by departments, the general assembly, and the courts.
 31  8 The bill provides that departments may enter into contracts
 31  9 for goods or services on payment terms of less than 60 days if
 31 10 the state obtains a financial benefit or incentive which would
 31 11 not otherwise be available from the vendor.
 31 12    The bill directs the Iowa Code editor to change references
 31 13 to "superintendent of printing" to "state printing
 31 14 administrator" and references to "state vehicle dispatcher" to
 31 15 "state fleet administrator" wherever the references appear in
 31 16 the Code.
 31 17    The bill repeals a number of sections, including Code
 31 18 sections 18.41, 18.52, 18.55, 18.56, 18.76, 18.77, 18.78,
 31 19 18.79, and 18.118.  Code section 18.41 refers to the
 31 20 acceptance of bids; Code section 18.52 provides accounting
 31 21 requirements for private printers; Code section 18.55 requires
 31 22 the director to provide accounting requirements when several
 31 23 state agencies are involved in a printing project; Code
 31 24 section 18.56 provides for vouchers and audit requirements;
 31 25 Code section 18.76 provides for editing manuscripts; Code
 31 26 section 18.77 provides for cooperation among agencies in their
 31 27 operations; Code section 18.78 provides for appeals; Code
 31 28 section 18.79 provides recordkeeping requirements; and Code
 31 29 section 18.118 provides penalties for violating rules adopted
 31 30 by the state vehicle dispatcher.  
 31 31 LSB 1336DP 77
 31 32 da/jj/8.1
     

Text: SSB00215                          Text: SSB00217
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