Text: HF00533 Text: HF00535 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 534 1 2 1 3 AN ACT 1 4 PROVIDING FOR THE REORGANIZATION OF CERTAIN STATE DEPARTMENTS 1 5 BY ESTABLISHING A DEPARTMENT OF ADMINISTRATIVE SERVICES, 1 6 MAKING RELATED CHANGES, PROVIDING PENALTIES, AND PROVIDING 1 7 AN EFFECTIVE DATE. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 DIVISION I 1 12 DEPARTMENT OF ADMINISTRATIVE SERVICES 1 13 ARTICLE 1 1 14 DEPARTMENT OF ADMINISTRATIVE SERVICES 1 15 Section 1. NEW SECTION. 8A.101 DEFINITIONS. 1 16 As used in this chapter, unless the context otherwise 1 17 requires: 1 18 1. "Agency" or "state agency" means a unit of state 1 19 government, which is an authority, board, commission, 1 20 committee, council, department, examining board, or 1 21 independent agency as defined in section 7E.4, including but 1 22 not limited to each principal central department enumerated in 1 23 section 7E.5. However, "agency" or "state agency" does not 1 24 mean any of the following: 1 25 a. The office of the governor or the office of an elective 1 26 constitutional or statutory officer. 1 27 b. The general assembly, or any office or unit under its 1 28 administrative authority. 1 29 c. The judicial branch, as provided in section 602.1102. 1 30 d. A political subdivision of the state or its offices or 1 31 units, including but not limited to a county, city, or 1 32 community college. 1 33 2. "Department" means the department of administrative 1 34 services. 1 35 3. "Director" means the director of the department of 2 1 administrative services or the director's designee. 2 2 4. "Governmental entity" means any unit of government in 2 3 the executive, legislative, or judicial branch of government; 2 4 an agency or political subdivision; any unit of another state 2 5 government, including its political subdivisions; any unit of 2 6 the United States government; or any association or other 2 7 organization whose membership consists primarily of one or 2 8 more of any of the foregoing. 2 9 5. "Governmental subdivision" means a county, city, school 2 10 district, or combination thereof. 2 11 6. "Public records" means the same as defined in section 2 12 22.1. 2 13 Sec. 2. NEW SECTION. 8A.102 DEPARTMENT CREATED – 2 14 DIRECTOR APPOINTED. 2 15 1. The department of administrative services is created. 2 16 The director of the department shall be appointed by the 2 17 governor to serve at the pleasure of the governor and is 2 18 subject to confirmation by the senate. If the office becomes 2 19 vacant, the vacancy shall be filled in the same manner as 2 20 provided for the original appointment. 2 21 2. The person appointed as director shall be 2 22 professionally qualified by education and have no less than 2 23 five years' experience in the field of management, public or 2 24 private sector personnel administration, including the 2 25 application of merit principles in employment, financial 2 26 management, and policy development and implementation. The 2 27 appointment shall be made without regard for political 2 28 affiliation. The director shall not be a member of any local, 2 29 state, or national committee of a political party, an officer 2 30 or member of a committee in any partisan political club or 2 31 organization, or hold or be a candidate for a paid elective 2 32 public office. The director is subject to the restrictions on 2 33 political activity provided in section 8A.416. The governor 2 34 shall set the salary of the director within pay grade nine. 2 35 Sec. 3. NEW SECTION. 8A.103 DEPARTMENT – PURPOSE – 3 1 MISSION. 3 2 The department is created for the purpose of managing and 3 3 coordinating the major resources of state government including 3 4 the human, financial, physical, and information resources of 3 5 state government. 3 6 The mission of the department is to implement a world- 3 7 class, customer-focused organization that provides a 3 8 complement of valued products and services to the internal 3 9 customers of state government. 3 10 Sec. 4. NEW SECTION. 8A.104 POWERS AND DUTIES OF THE 3 11 DIRECTOR. 3 12 The director shall do all of the following: 3 13 1. Coordinate the internal operations of the department 3 14 and develop and implement policies and procedures designed to 3 15 ensure the efficient administration of the department. 3 16 2. Appoint all personnel deemed necessary for the 3 17 administration of the department's functions as provided in 3 18 this chapter. 3 19 3. Prepare an annual budget for the department. 3 20 4. Develop and recommend legislative proposals deemed 3 21 necessary for the continued efficiency of the department's 3 22 functions, and review legislative proposals generated outside 3 23 the department which are related to matters within the 3 24 department's purview. 3 25 5. Adopt rules deemed necessary for the administration of 3 26 this chapter in accordance with chapter 17A. 3 27 6. Develop and maintain support systems within the 3 28 department to provide appropriate administrative support and 3 29 sufficient data for the effective and efficient operation of 3 30 state government. 3 31 7. Enter into contracts for the receipt and provision of 3 32 services as deemed necessary. The director and the governor 3 33 may obtain and accept grants and receipts to or for the state 3 34 to be used for the administration of the department's 3 35 functions as provided in this chapter. 4 1 8. Establish the internal organization of the department 4 2 and allocate and reallocate duties and functions not assigned 4 3 by law to an officer or any subunit of the department to 4 4 promote economic and efficient administration and operation of 4 5 the department. 4 6 9. Install a records system for the keeping of records 4 7 which are necessary for a proper audit and effective operation 4 8 of the department. 4 9 10. Determine which risk exposures shall be self-insured 4 10 or assumed by the state with respect to loss and loss 4 11 exposures of state government. 4 12 11. Keep in the director's office a complete record 4 13 containing an itemized account of all state property, 4 14 including furniture and equipment, under the director's care 4 15 and control, and plans and surveys of the public grounds, 4 16 buildings, and underground constructions at the seat of 4 17 government and of the state laboratories facility in Ankeny. 4 18 12. Serve as the chief information officer for the state. 4 19 13. Exercise and perform such other powers and duties as 4 20 may be prescribed by law. 4 21 Sec. 5. NEW SECTION. 8A.105 PROHIBITED INTERESTS – 4 22 PENALTY. 4 23 The director shall not have any pecuniary interest, 4 24 directly or indirectly, in any contract for supplies furnished 4 25 to the state, or in any business enterprise involving any 4 26 expenditure by the state. A violation of the provisions of 4 27 this section shall be a serious misdemeanor, and upon 4 28 conviction, the director shall be removed from office in 4 29 addition to any other penalty. 4 30 Sec. 6. NEW SECTION. 8A.106 PUBLIC RECORDS. 4 31 1. The records of the department, except personal 4 32 information in an employee's file if the publication of such 4 33 information would serve no proper public purpose, shall be 4 34 public records and shall be open to public inspection, subject 4 35 to reasonable rules as to the time and manner of inspection 5 1 which may be prescribed by the director. However, the 5 2 department shall not be required to release financial 5 3 information, business, or product plans which if released 5 4 would give advantage to competitors and serve no public 5 5 purpose, relating to commercial operations conducted or 5 6 intended to be conducted by the department. 5 7 2. The state agency that is the lawful custodian of a 5 8 public record shall be responsible for determining whether a 5 9 record is required by federal or state statute to be 5 10 confidential. The transmission of a record by a state agency 5 11 by use of electronic means established, maintained, or managed 5 12 by the department shall not constitute a transfer of the legal 5 13 custody of the record from the individual state agency to the 5 14 department or to any other person or entity. 5 15 3. The department shall not have authority to determine 5 16 whether an individual state agency should automate records of 5 17 which the individual state agency is the lawful custodian. 5 18 However, the department may encourage state agencies to 5 19 implement electronic access to public records. 5 20 4. A state agency shall not limit access to a record by 5 21 requiring a citizen to receive the record electronically as 5 22 the only means of providing the record. A person shall have 5 23 the right to examine and copy a printed form of a public 5 24 record as provided in section 22.2, unless the public record 5 25 is confidential. 5 26 Sec. 7. NEW SECTION. 8A.107 OATHS AND SUBPOENAS. 5 27 The director may administer oaths, subpoena witnesses, and 5 28 compel the production of books and papers pertinent to any 5 29 investigation or hearing authorized by this chapter. A person 5 30 who fails to appear in response to a subpoena or produce books 5 31 or papers pertinent to the investigation or hearing or who 5 32 knowingly gives false testimony is guilty of a simple 5 33 misdemeanor. 5 34 Sec. 8. NEW SECTION. 8A.108 ACCEPTANCE OF FUNDS. 5 35 The department may receive and accept donations, grants, 6 1 gifts, and contributions in the form of moneys, services, 6 2 materials, or otherwise, from the United States or any of its 6 3 agencies, from this state or any of its agencies, or from any 6 4 other person, and may use or expend such moneys, services, 6 5 materials, or other contributions, or issue grants, in 6 6 carrying out the operations of the department. All federal 6 7 grants to and the federal receipts of the department are 6 8 hereby appropriated for the purpose set forth in such federal 6 9 grants or receipts. 6 10 Sec. 9. NEW SECTION. 8A.109 FEDERAL FUNDS. 6 11 1. Neither the provisions of this chapter nor rules 6 12 adopted pursuant to this chapter shall apply in any situation 6 13 where such provision or rule is in conflict with a governing 6 14 federal regulation or where the provision or rule would 6 15 jeopardize the receipt of federal funds. 6 16 2. If it is determined by the attorney general that any 6 17 provision of this chapter would cause denial of funds or 6 18 services from the United States government which would 6 19 otherwise be available to an agency of this state, such 6 20 provision shall be suspended as to such agency, but only to 6 21 the extent necessary to prevent denial of such funds or 6 22 services. 6 23 Sec. 10. NEW SECTION. 8A.110 STATE EMPLOYEE SUGGESTION 6 24 SYSTEM. 6 25 1. There is created a state employee suggestion system for 6 26 the purpose of encouraging state employees to develop and 6 27 submit ideas which will reduce costs and increase efficiency 6 28 in state government and which will make monetary and other 6 29 awards to state employees whose cost reduction ideas are 6 30 adopted under the system. 6 31 2. The department shall provide necessary personnel for 6 32 the efficient operation of the system. The department shall 6 33 adopt rules as necessary for the administration of the system 6 34 and to establish the award policy under which the system will 6 35 operate. The rules shall include: 7 1 a. Eligibility standards and restrictions for both the 7 2 state employee submitting the suggestion and the suggestion 7 3 being submitted. The rules shall provide that suggestions 7 4 relating to academic affairs, including teaching, research, 7 5 and patient care programs at a university teaching hospital, 7 6 are ineligible. 7 7 b. Procedures for submitting and evaluating suggestions, 7 8 including the responsibilities of each person involved in the 7 9 system and providing that the final decision to implement 7 10 shall be made by the director of the applicable state agency. 7 11 c. The method of presentation of awards to employees. 7 12 d. The method of promoting the suggestion program in the 7 13 broadest possible manner to state employees. 7 14 e. Any other policies necessary to properly administer the 7 15 system. 7 16 3. a. When a suggestion is implemented and results in a 7 17 direct cost reduction within state government, the suggester 7 18 shall be awarded ten percent of the first year's net savings, 7 19 not exceeding ten thousand dollars, and a certificate. A cash 7 20 award shall not be awarded for a suggestion which saves less 7 21 than one hundred dollars during the first year of 7 22 implementation. The state agency head shall approve all 7 23 awards and determine the amount to be awarded. Appeals of 7 24 award amounts shall be submitted to the director whose 7 25 decision is final. 7 26 b. Certificates shall be awarded to suggesters of 7 27 implemented suggestions that result in a direct cost reduction 7 28 of less than one hundred dollars. The state agency head shall 7 29 make the determination as to who will receive certificates. 7 30 That decision is final. 7 31 4. An award made pursuant to this section shall be paid 7 32 for out of the appropriated funds of the state agency 7 33 realizing the cost savings, but the payment for awards shall 7 34 not violate any state or federal contract, law, or regulation, 7 35 or impair any agency contractual obligation. 8 1 5. a. A state agency shall keep records of each 8 2 suggestion implemented and the cost savings resulting from the 8 3 suggestion for a period of one year from the date of 8 4 implementation of the suggestion. 8 5 b. The director shall file a report with the governor and 8 6 the general assembly for each fiscal year, relating to the 8 7 administration and implementation of the suggestion system and 8 8 the benefits for the state, the state departments, and state 8 9 employees. 8 10 6. The ability of employees to patent ideas submitted 8 11 under this section is subject to all other agency rules and 8 12 Code requirements pertaining to patents. 8 13 Sec. 11. NEW SECTION. 8A.121 FINANCING DEPARTMENT 8 14 SERVICES – CUSTOMER COUNCILS. 8 15 1. The department shall establish a process by which the 8 16 department shall determine which services provided by the 8 17 department shall be funded by an appropriation to the 8 18 department and which services shall be funded by the 8 19 governmental entity receiving the service. 8 20 2. a. For services which the department determines shall 8 21 be funded by the governmental entity receiving the service, 8 22 the department shall establish a process for determining 8 23 whether the department shall be the sole provider of the 8 24 service or not. 8 25 b. If the department determines that it shall be the sole 8 26 provider of a service, the department shall establish, by 8 27 rule, a customer council responsible for overseeing 8 28 departmental operations with regard to the service provided to 8 29 ensure that the department meets the needs of affected 8 30 governmental entities and the citizens those entities serve. 8 31 The rules adopted shall provide, at a minimum, for the method 8 32 of appointment of members to the council by governmental 8 33 entities required to receive the service from the department 8 34 and for the powers and duties of the council as it relates to 8 35 the service provided, which shall include the authority of 9 1 approving, on an annual basis, business plans submitted by the 9 2 department for performance of the service, the procedure for 9 3 resolving complaints concerning the service provided, and the 9 4 procedure for setting rates for the service. In addition, if 9 5 the service to be provided may also be provided to the 9 6 judicial branch and legislative branch, then the rules shall 9 7 provide that the chief justice of the supreme court and the 9 8 legislative council may, in their discretion, each appoint a 9 9 member to the applicable customer council. 9 10 3. Departmental processes required to be established 9 11 pursuant to this section shall provide, at a minimum, for 9 12 input from affected governmental entities as well as for a 9 13 biennial review by the appropriate customer council of the 9 14 decision made by the department that the department should be 9 15 the sole provider of a service. 9 16 4. The department shall annually prepare a listing 9 17 separately identifying services to be provided by the 9 18 department and funded by an appropriation, services to be 9 19 provided by the department and funded by the governmental 9 20 entity receiving the service, and services which the 9 21 department is authorized to provide but which governmental 9 22 entities may provide on their own or obtain from another 9 23 provider of the service. 9 24 Sec. 12. NEW SECTION. 8A.122 SERVICES TO GOVERNMENTAL 9 25 ENTITIES. 9 26 1. The director shall enter into agreements with state 9 27 agencies, and may enter into agreements with any other 9 28 governmental entity, to furnish services and facilities of the 9 29 department to the applicable governmental entity. The 9 30 agreement shall provide for the reimbursement to the 9 31 department of the reasonable cost of the services and 9 32 facilities furnished. All governmental entities of this state 9 33 may enter into such agreements. 9 34 2. This chapter does not affect any city civil service 9 35 programs established under chapter 400. 10 1 3. The state board of regents shall not be required to 10 2 obtain any service for the state board of regents or any 10 3 institution under the control of the state board of regents 10 4 that is provided by the department pursuant to this chapter 10 5 without the consent of the state board of regents. 10 6 Sec. 13. NEW SECTION. 8A.123 DEPARTMENT INTERNAL SERVICE 10 7 FUNDS. 10 8 1. Activities of the department shall be accounted for 10 9 within the general fund of the state, except that the director 10 10 may establish and maintain internal service funds in 10 11 accordance with generally accepted accounting principles, as 10 12 defined in section 8.57, subsection 4, for activities of the 10 13 department which are primarily funded from billings to 10 14 governmental entities for services rendered by the department. 10 15 The establishment of an internal service fund is subject to 10 16 the approval of the director of the department of management 10 17 and the concurrence of the auditor of state. At least ninety 10 18 days prior to the establishment of an internal service fund 10 19 pursuant to this section, the director shall notify in writing 10 20 the general assembly, including the legislative council, 10 21 legislative fiscal committee, and the legislative fiscal 10 22 bureau. 10 23 2. Internal service funds shall be administered by the 10 24 department and shall consist of moneys collected by the 10 25 department from billings issued in accordance with section 10 26 8A.125 and any other moneys obtained or accepted by the 10 27 department, including but not limited to gifts, loans, 10 28 donations, grants, and contributions, which are designated to 10 29 support the activities of the individual internal service 10 30 funds. The director may obtain loans from the innovation fund 10 31 created in section 8.63 for deposit in an internal service 10 32 fund established pursuant to this section to provide seed and 10 33 investment capital to enhance the delivery of services 10 34 provided by the department. 10 35 3. The proceeds of an internal service fund established 11 1 pursuant to this section shall be used by the department for 11 2 the operations of the department consistent with this chapter. 11 3 The director may appoint the personnel necessary to ensure the 11 4 efficient provision of services funded pursuant to an internal 11 5 service fund established under this section. However, this 11 6 usage requirement shall not limit or restrict the department 11 7 from using proceeds from gifts, loans, donations, grants, and 11 8 contributions in conformance with any conditions, directions, 11 9 limitations, or instructions attached or related thereto. 11 10 4. Section 8.33 does not apply to any moneys in internal 11 11 service funds established pursuant to this section. 11 12 Notwithstanding section 12C.7, subsection 2, interest or 11 13 earnings on moneys deposited in these funds shall be credited 11 14 to these funds. 11 15 5. a. The director shall annually provide internal 11 16 service fund service business plans and financial reports to 11 17 the department of management and the general assembly. The 11 18 business plans may include the recommendation that a portion 11 19 of unexpended net income be periodically returned to the 11 20 appropriate funding source. 11 21 b. The department shall submit an annual report not later 11 22 than October 1 to the members of the general assembly and the 11 23 legislative fiscal bureau of the activities funded by and 11 24 expenditures made from an internal service fund established 11 25 pursuant to this section during the preceding fiscal year. 11 26 Sec. 14. NEW SECTION. 8A.124 ADDITIONAL PERSONNEL. 11 27 The department may employ, upon the approval of the 11 28 department of management, such additional personnel in excess 11 29 of the number of full-time equivalent positions authorized by 11 30 the general assembly if such additional personnel are 11 31 reasonable and necessary to perform such duties as required to 11 32 meet the needs of the department to provide services to other 11 33 governmental entities and as authorized by this chapter. The 11 34 director shall notify in writing the department of management, 11 35 the legislative fiscal committee, and the legislative fiscal 12 1 bureau of any additional personnel employed pursuant to this 12 2 section. 12 3 Sec. 15. NEW SECTION. 8A.125 BILLING – CREDIT CARD 12 4 PAYMENTS. 12 5 1. The director may bill a governmental entity for 12 6 services rendered by the department in accordance with the 12 7 duties of the department as provided in this chapter. Bills 12 8 may include direct, indirect, and developmental costs which 12 9 have not been funded by an appropriation to the department. 12 10 The department shall periodically render a billing statement 12 11 to a governmental entity outlining the cost of services 12 12 provided to the governmental entity. The amount indicated on 12 13 the statement shall be paid by the governmental entity and 12 14 amounts received by the department shall be considered 12 15 repayment receipts as defined in section 8.2, and deposited 12 16 into the accounts of the department. 12 17 2. In addition to other forms of payment, a person may pay 12 18 by credit card for services provided by the department, 12 19 according to rules adopted by the treasurer of state. The 12 20 credit card fees to be charged shall not exceed those 12 21 permitted by statute. A governmental entity may adjust its 12 22 payment to reflect the costs of processing as determined by 12 23 the treasurer of state. The discount charged by the credit 12 24 card issuer may be included in determining the fees to be paid 12 25 for completing a financial transaction under this section by 12 26 using a credit card. All credit card payments shall be 12 27 credited to the fund used to account for the services 12 28 provided. 12 29 Sec. 16. NEW SECTION. 8A.126 DEPARTMENT DEBTS AND 12 30 LIABILITIES – APPROPRIATION REQUEST. 12 31 If a service provided by the department and funded from an 12 32 internal service fund established under section 8A.123 ceases 12 33 to be provided and insufficient funds remain in the internal 12 34 service fund to pay any outstanding debts and liabilities 12 35 relating to that service, the director shall notify the 13 1 general assembly and request that moneys be appropriated from 13 2 the general fund of the state to pay such debts and 13 3 liabilities. 13 4 ARTICLE 2 13 5 INFORMATION TECHNOLOGY 13 6 GENERAL PROVISIONS 13 7 Sec. 17. NEW SECTION. 8A.201 DEFINITIONS. 13 8 As used in this article, unless the context otherwise 13 9 requires: 13 10 1. "Information technology" means computing and 13 11 electronics applications used to process and distribute 13 12 information in digital and other forms and includes 13 13 information technology devices, information technology 13 14 services, and value-added services. 13 15 2. "Information technology council" means the information 13 16 technology council established in section 8A.204. 13 17 3. "Information technology device" means equipment or 13 18 associated software, including programs, languages, 13 19 procedures, or associated documentation, used in operating the 13 20 equipment which is designed for utilizing information stored 13 21 in an electronic format. "Information technology device" 13 22 includes but is not limited to computer systems, computer 13 23 networks, and equipment used for input, output, processing, 13 24 storage, display, scanning, and printing. 13 25 4. "Information technology services" means services 13 26 designed to do any of the following: 13 27 a. Provide functions, maintenance, and support of 13 28 information technology devices. 13 29 b. Provide services including, but not limited to, any of 13 30 the following: 13 31 (1) Computer systems application development and 13 32 maintenance. 13 33 (2) Systems integration and interoperability. 13 34 (3) Operating systems maintenance and design. 13 35 (4) Computer systems programming. 14 1 (5) Computer systems software support. 14 2 (6) Planning and security relating to information 14 3 technology devices. 14 4 (7) Data management consultation. 14 5 (8) Information technology education and consulting. 14 6 (9) Information technology planning and standards. 14 7 (10) Establishment of local area network and workstation 14 8 management standards. 14 9 5. "Participating agency" means any agency other than any 14 10 of the following: 14 11 a. The state board of regents and institutions operated 14 12 under the authority of the state board of regents. 14 13 b. The public broadcasting division of the department of 14 14 education. 14 15 c. The state department of transportation mobile radio 14 16 network. 14 17 d. The department of public safety law enforcement 14 18 communications systems and capitol complex security systems in 14 19 use for the legislative branch. 14 20 e. The telecommunications and technology commission 14 21 established in section 8D.3, with respect to information 14 22 technology that is unique to the Iowa communications network. 14 23 f. The Iowa lottery. 14 24 g. A judicial district department of correctional services 14 25 established pursuant to section 905.2. 14 26 6. "Value-added services" means services that offer or 14 27 provide unique, special, or enhanced value, benefits, or 14 28 features to the customer or user, including, but not limited 14 29 to, services in which information technology is specially 14 30 designed, modified, or adapted to meet the special or 14 31 requested needs of the user or customer, services involving 14 32 the delivery, provision, or transmission of information or 14 33 data that require or involve additional processing, 14 34 formatting, enhancement, compilation or security, services 14 35 that provide the customer or user with enhanced accessibility, 15 1 security or convenience, research and development services, 15 2 and services that are provided to support technological or 15 3 statutory requirements imposed on participating agencies and 15 4 other governmental entities, businesses, and the public. 15 5 Sec. 18. NEW SECTION. 8A.202 INFORMATION TECHNOLOGY 15 6 SERVICES – MISSION – POWERS AND DUTIES – RESPONSIBILITIES. 15 7 1. MISSION. The mission of the department as it relates 15 8 to information technology services is to provide high-quality, 15 9 customer-focused information technology services and business 15 10 solutions to government and to citizens. 15 11 2. POWERS AND DUTIES OF DEPARTMENT. The powers and duties 15 12 of the department as it relates to information technology 15 13 services shall include, but are not limited to, all of the 15 14 following: 15 15 a. Providing information technology to agencies and other 15 16 governmental entities. 15 17 b. Implementing the strategic information technology plan. 15 18 c. Developing and implementing a business continuity plan, 15 19 as the director determines is appropriate, to be used if a 15 20 disruption occurs in the provision of information technology 15 21 to participating agencies and other governmental entities. 15 22 d. Prescribing standards and adopting rules relating to 15 23 information technology and procurement, including but not 15 24 limited to system design and systems integration and 15 25 interoperability, which shall apply to all participating 15 26 agencies except as otherwise provided in this chapter. The 15 27 department shall implement information technology standards as 15 28 established pursuant to this chapter which are applicable to 15 29 information technology procurements for participating 15 30 agencies. 15 31 e. Prescribing standards and adopting rules relating to 15 32 standards for an electronic repository for maintaining 15 33 mandated agency reports as provided in section 304.13A. Such 15 34 repository shall be developed and maintained for the purpose 15 35 of providing public access to such mandated reports. The 16 1 department shall prescribe such standards and adopt rules 16 2 relating to such standards in consultation with the state 16 3 librarian. 16 4 f. Developing and maintaining security policies and 16 5 systems to ensure the integrity of the state's information 16 6 resources and to prevent the disclosure of confidential 16 7 records. 16 8 g. Developing and implementing effective and efficient 16 9 strategies for the use and provision of information technology 16 10 for participating agencies and other governmental entities. 16 11 h. Coordinating the acquisition of information technology 16 12 by participating agencies in furtherance of the purposes of 16 13 this chapter. The department shall institute procedures to 16 14 ensure effective and efficient compliance with the applicable 16 15 standards established pursuant to this article. This article 16 16 shall not be construed to prohibit or limit a participating 16 17 agency from entering into an agreement or contract for 16 18 information technology with a qualified private entity. 16 19 i. Entering into contracts, leases, licensing agreements, 16 20 royalty agreements, marketing agreements, memorandums of 16 21 understanding, or other agreements as necessary and 16 22 appropriate to administer this article. 16 23 j. Requesting that a participating agency provide such 16 24 information as is necessary to establish and maintain an 16 25 inventory of information technology used by participating 16 26 agencies, and such participating agency shall provide such 16 27 information to the department in a timely manner. The form 16 28 and content of the information to be provided shall be 16 29 determined by the department. 16 30 k. Charging reasonable fees, costs, expenses, charges, or 16 31 other amounts to an agency, governmental entity, public 16 32 official, or person or entity related to the provision, sale, 16 33 use, or utilization of, or cost sharing with respect to, 16 34 information technology and any intellectual property interests 16 35 related thereto, research and development, proprietary 17 1 hardware, software, and applications, and information 17 2 technology architecture and design. The department may enter 17 3 into nondisclosure agreements and take any other legal action 17 4 reasonably necessary to secure a right to an interest in 17 5 information technology development by or on behalf of the 17 6 state of Iowa and to protect the state of Iowa's proprietary 17 7 information technology and intellectual property interests. 17 8 The provisions of chapter 23A relating to noncompetition by 17 9 state agencies and political subdivisions with private 17 10 enterprise shall not apply to department activities authorized 17 11 under this paragraph. 17 12 l. Charging reasonable fees, costs, expenses, charges, or 17 13 other amounts to an agency, governmental entity, public 17 14 official, or other person or entity to or for whom information 17 15 technology or other services have been provided by or on 17 16 behalf of, or otherwise made available through, the 17 17 department. 17 18 m. Providing, selling, leasing, licensing, transferring, 17 19 or otherwise conveying or disposing of information technology, 17 20 or any intellectual property or other rights with respect 17 21 thereto, to agencies, governmental entities, public officials, 17 22 or other persons or entities. 17 23 n. Entering into partnerships, contracts, leases, or other 17 24 agreements with public and private entities for the evaluation 17 25 and development of information technology pilot projects. 17 26 o. Initiating and supporting the development of electronic 17 27 commerce, electronic government, and internet applications 17 28 across participating agencies and in cooperation with other 17 29 governmental entities. The department shall foster joint 17 30 development of electronic commerce and electronic government 17 31 involving the public and private sectors, develop customer 17 32 surveys and citizen outreach and education programs and 17 33 material, and provide for citizen input regarding the state's 17 34 electronic commerce and electronic government applications. 17 35 3. RESPONSIBILITIES. The responsibilities of the 18 1 department as it relates to information technology services 18 2 include the following: 18 3 a. Coordinate the activities of the department in 18 4 promoting, integrating, and supporting information technology 18 5 in all business aspects of state government. 18 6 b. Provide for server systems, including mainframe and 18 7 other server operations, desktop support, and applications 18 8 integration. 18 9 c. Provide applications development, support, and 18 10 training, and advice and assistance in developing and 18 11 supporting business applications throughout state government. 18 12 4. INFORMATION TECHNOLOGY CHARGES. The department shall 18 13 render a statement to an agency, governmental entity, public 18 14 official, or other person or entity to or for whom information 18 15 technology, value-added services, or other items or services 18 16 have been provided by or on behalf of, or otherwise made 18 17 available through, the department. Such an agency, 18 18 governmental entity, public official, or other person or 18 19 entity shall pay an amount indicated on such statement in a 18 20 manner determined by the department. 18 21 5. DISPUTE RESOLUTION. If a dispute arises between the 18 22 department and an agency for which the department provides or 18 23 refuses to provide information technology, the dispute shall 18 24 be resolved as provided in section 679A.19. 18 25 Sec. 19. NEW SECTION. 8A.203 DIRECTOR – INFORMATION 18 26 TECHNOLOGY SERVICES POWERS AND DUTIES. 18 27 The director shall do all of the following as it relates to 18 28 information technology services: 18 29 1. Prescribe and adopt information technology standards 18 30 and rules. 18 31 2. Develop and recommend legislative proposals deemed 18 32 necessary for the continued efficiency of the department in 18 33 performing information technology functions, and review 18 34 legislative proposals generated outside of the department 18 35 which are related to matters within the department's purview. 19 1 3. Provide advice to the governor on issues related to 19 2 information technology. 19 3 4. Consult with agencies and other governmental entities 19 4 on issues relating to information technology. 19 5 5. Work with all governmental entities in an effort to 19 6 achieve the information technology goals established by the 19 7 department. 19 8 Sec. 20. NEW SECTION. 8A.204 INFORMATION TECHNOLOGY 19 9 COUNCIL – MEMBERS – POWERS AND DUTIES. 19 10 1. MEMBERSHIP. 19 11 a. The information technology council is composed of 19 12 fourteen members including the following: 19 13 (1) The chairperson of the IowAccess advisory council 19 14 established in section 8A.221, or the chairperson's designee. 19 15 (2) Two executive branch department heads appointed by the 19 16 governor. 19 17 (3) Six persons appointed by the governor who are 19 18 knowledgeable in information technology matters. 19 19 (4) One person representing the judicial branch appointed 19 20 by the chief justice of the supreme court who shall serve in 19 21 an ex officio, nonvoting capacity. 19 22 (5) Four members of the general assembly with not more 19 23 than one member from each house being from the same political 19 24 party. The two senators shall be designated by the president 19 25 of the senate after consultation with the majority and 19 26 minority leaders of the senate. The two representatives shall 19 27 be designated by the speaker of the house of representatives 19 28 after consultation with the majority and minority leaders of 19 29 the house of representatives. Legislative members shall serve 19 30 in an ex officio, nonvoting capacity. A legislative member is 19 31 eligible for per diem and expenses as provided in section 19 32 2.10. 19 33 b. The members appointed pursuant to paragraph "a" shall 19 34 serve four-year staggered terms and such appointments to the 19 35 information technology council are subject to the requirements 20 1 of sections 69.16, 69.16A, and 69.19. The four-year terms of 20 2 members appointed by the governor shall be staggered as 20 3 designated by the governor. Members appointed by the governor 20 4 are subject to senate confirmation and may also be eligible to 20 5 receive compensation as provided in section 7E.6. Members 20 6 shall be reimbursed for actual and necessary expenses incurred 20 7 in performance of the members' duties. 20 8 c. The information technology council shall annually elect 20 9 its own chairperson from among the voting members of the 20 10 council. A majority of the voting members of the council 20 11 constitutes a quorum. 20 12 2. DUTIES. The information technology council shall do 20 13 all of the following: 20 14 a. Advise the department in the development of recommended 20 15 standards for consideration with respect to the procurement of 20 16 information technology by all participating agencies. 20 17 b. Appoint advisory committees as appropriate to assist 20 18 the department in developing strategies for the use and 20 19 provision of information technology and establishing other 20 20 advisory committees as necessary to assist the information 20 21 technology council in carrying out its duties under this 20 22 article. The number of advisory committees and their 20 23 membership shall be determined by the information technology 20 24 council to assure that the public and agencies and other 20 25 governmental entities have an opportunity to comment on the 20 26 services provided and the service goals and objectives of the 20 27 department. 20 28 c. Advise the department in the preparation and annual 20 29 update of the strategic information technology plan for the 20 30 use of information technology throughout state government. 20 31 The plan shall promote participation in cooperative projects 20 32 with other governmental entities. The plan shall establish a 20 33 mission, goals, and objectives for the use of information 20 34 technology, including goals for electronic access to public 20 35 records, information, and services. The plan shall be 21 1 submitted annually to the governor and the general assembly. 21 2 d. Review, as deemed appropriate by the information 21 3 technology council, legislative proposals recommended by the 21 4 director, or other legislative proposals as developed and 21 5 deemed necessary by the information technology council. 21 6 e. Review the recommendations of the IowAccess advisory 21 7 council regarding rates to be charged for access to and for 21 8 value-added services performed through IowAccess. The 21 9 information technology council shall report the establishment 21 10 of a new rate or change in the level of an existing rate to 21 11 the department who will then notify the department of 21 12 management, and the department of management shall notify the 21 13 legislative fiscal bureau regarding the rate establishment or 21 14 change. 21 15 Sec. 21. NEW SECTION. 8A.205 DIGITAL GOVERNMENT. 21 16 1. The department is responsible for initiating and 21 17 supporting the development of electronic commerce, electronic 21 18 government, and internet applications across participating 21 19 agencies and in cooperation with other governmental entities. 21 20 2. In developing the concept of digital government, the 21 21 department shall do all of the following: 21 22 a. Establish standards, consistent with other state law, 21 23 for the implementation of electronic commerce, including 21 24 standards for digital signatures, electronic currency, and 21 25 other items associated with electronic commerce. 21 26 b. Establish guidelines for the appearance and functioning 21 27 of applications. 21 28 c. Establish standards for the integration of electronic 21 29 data across state agencies. 21 30 d. Foster joint development of electronic commerce and 21 31 electronic government involving the public and private 21 32 sectors. 21 33 e. Develop customer surveys and citizen outreach and 21 34 education programs and material, and provide for citizen input 21 35 regarding the state's electronic commerce and electronic 22 1 government applications. 22 2 f. Provide staff support for the IowAccess advisory 22 3 council. 22 4 Sec. 22. NEW SECTION. 8A.206 INFORMATION TECHNOLOGY 22 5 STANDARDS. 22 6 1. The department shall develop, in consultation with the 22 7 information technology council, recommended standards for 22 8 consideration with respect to the procurement of information 22 9 technology by all participating agencies. It is the intent of 22 10 the general assembly that information technology standards be 22 11 established for the purpose of guiding such procurements. 22 12 Such standards, unless waived by the department, shall apply 22 13 to all information technology procurements for participating 22 14 agencies. 22 15 2. The office of the governor or the office of an elective 22 16 constitutional or statutory officer shall consult with the 22 17 department prior to procuring information technology and 22 18 consider the standards recommended by the department, and 22 19 provide a written report to the department relating to the 22 20 office's decision regarding such acquisitions. 22 21 Sec. 23. NEW SECTION. 8A.207 PROCUREMENT OF INFORMATION 22 22 TECHNOLOGY. 22 23 1. Standards established by the department, unless waived 22 24 by the department, shall apply to all information technology 22 25 procurements for participating agencies. 22 26 2. The department shall institute procedures to ensure 22 27 effective and efficient compliance with standards established 22 28 by the department. 22 29 3. The department, by rule, may implement a 22 30 prequalification procedure for contractors with which the 22 31 department has entered or intends to enter into agreements 22 32 regarding the procurement of information technology. 22 33 4. Notwithstanding the provisions governing purchasing as 22 34 provided in article 3, the department may procure information 22 35 technology as provided in this section. The department may 23 1 cooperate with other governmental entities in the procurement 23 2 of information technology in an effort to make such 23 3 procurements in a cost-effective, efficient manner as provided 23 4 in this section. The department, as deemed appropriate and 23 5 cost-effective, may procure information technology using any 23 6 of the following methods: 23 7 a. Cooperative procurement agreement. The department may 23 8 enter into a cooperative procurement agreement with another 23 9 governmental entity relating to the procurement of information 23 10 technology, whether such information technology is for the use 23 11 of the department or other governmental entities. The 23 12 cooperative procurement agreement shall clearly specify the 23 13 purpose of the agreement and the method by which such purpose 23 14 will be accomplished. Any power exercised under such 23 15 agreement shall not exceed the power granted to any party to 23 16 the agreement. 23 17 b. Negotiated contract. The department may enter into an 23 18 agreement for the purchase of information technology if any of 23 19 the following applies: 23 20 (1) The contract price, terms, and conditions are pursuant 23 21 to the current federal supply contract, and the purchase order 23 22 adequately identifies the federal supply contract under which 23 23 the procurement is to be made. 23 24 (2) The contract price, terms, and conditions are no less 23 25 favorable than the contractor's current federal supply 23 26 contract price, terms, and conditions; the contractor has 23 27 indicated in writing a willingness to extend such price, 23 28 terms, and conditions to the department; and the purchase 23 29 order adequately identifies the contract relied upon. 23 30 (3) The contract is with a vendor which has a current 23 31 exclusive or nonexclusive price agreement with the state for 23 32 the information technology to be procured, and such 23 33 information technology meets the same standards and 23 34 specifications as the items to be procured and both of the 23 35 following apply: 24 1 (a) The quantity purchased does not exceed the quantity 24 2 which may be purchased under the applicable price agreement. 24 3 (b) The purchase order adequately identifies the price 24 4 agreement relied upon. 24 5 c. Contracts let by another governmental entity. The 24 6 department, on its own behalf or on the behalf of another 24 7 participating agency or governmental entity, may procure 24 8 information technology under a contract let by another agency 24 9 or other governmental entity, or approve such procurement in 24 10 the same manner by a participating agency or governmental 24 11 entity. 24 12 d. Reverse auction. 24 13 (1) The department may enter into an agreement for the 24 14 purchase of information technology utilizing a reverse auction 24 15 process. Such process shall result in the purchase of 24 16 information technology from the vendor submitting the lowest 24 17 responsible bid amount for the information technology to be 24 18 acquired. The department, in establishing a reverse auction 24 19 process, shall do all of the following: 24 20 (a) Determine the specifications and requirements of the 24 21 information technology to be acquired. 24 22 (b) Identify and provide notice to potential vendors 24 23 concerning the proposed acquisition. 24 24 (c) Establish prequalification requirements to be met by a 24 25 vendor to be eligible to participate in the reverse auction. 24 26 (d) Conduct the reverse auction in a manner as deemed 24 27 appropriate by the department, and consistent with rules 24 28 adopted by the department. 24 29 (2) Prior to conducting a reverse auction, the department 24 30 shall establish a threshold amount which shall be the maximum 24 31 amount which the department is willing to pay for the 24 32 information technology to be acquired. 24 33 (3) The department shall enter into an agreement with a 24 34 vendor who is the lowest responsible bidder which meets the 24 35 specifications or description of the information technology to 25 1 be procured, or the department may reject all bids and begin 25 2 the process again. In determining the lowest responsible 25 3 bidder, the department may consider various factors, 25 4 including, but not limited to, the past performance of the 25 5 vendor relative to quality of product or service, the past 25 6 experience of the department in relation to the product or 25 7 service, the relative quality of products or services, the 25 8 proposed terms of delivery, and the best interest of the 25 9 state. 25 10 e. Competitive bidding. The department may enter into an 25 11 agreement for the procurement or acquisition of information 25 12 technology in the same manner as provided under article III 25 13 for the purchasing of service. 25 14 f. Other agreements. In addition to the competitive 25 15 bidding procedure provided for under paragraph "e", the 25 16 department may enter into an agreement for the purchase, 25 17 disposal, or other disposition of information technology in 25 18 the same manner and subject to the same limitations as 25 19 otherwise provided in this chapter. The department, by rule, 25 20 shall provide for such procedures. 25 21 5. The department shall adopt rules pursuant to chapter 25 22 17A to implement the procurement methods and procedures 25 23 provided for in subsections 2 through 4. 25 24 IOWACCESS 25 25 Sec. 24. NEW SECTION. 8A.221 IOWACCESS ADVISORY COUNCIL 25 26 ESTABLISHED – DUTIES – MEMBERSHIP. 25 27 1. ADVISORY COUNCIL ESTABLISHED. An IowAccess advisory 25 28 council is established within the department for the purpose 25 29 of creating and providing a service to the citizens of this 25 30 state that is the gateway for one-stop electronic access to 25 31 government information and transactions, whether federal, 25 32 state, or local. Except as provided in this section, 25 33 IowAccess shall be a state-funded service providing access to 25 34 government information and transactions. The department, in 25 35 establishing the fees for value-added services, shall consider 26 1 the reasonable cost of creating and organizing such government 26 2 information through IowAccess. 26 3 2. DUTIES. 26 4 a. The advisory council shall do all of the following: 26 5 (1) Recommend to the information technology council rates 26 6 to be charged for access to and for value-added services 26 7 performed through IowAccess. 26 8 (2) Recommend to the director the priority of projects 26 9 associated with IowAccess. 26 10 (3) Recommend to the director expected outcomes and 26 11 effects of the use of IowAccess and determine the manner in 26 12 which such outcomes are to be measured and evaluated. 26 13 (4) Review and recommend to the director the IowAccess 26 14 total budget request and ensure that such request reflects the 26 15 priorities and goals of IowAccess as established by the 26 16 advisory council. 26 17 (5) Review and recommend to the director all rules to be 26 18 adopted by the department that are related to IowAccess. 26 19 (6) Advocate for access to government information and 26 20 services through IowAccess and for data privacy protection, 26 21 information ethics, accuracy, and security in IowAccess 26 22 programs and services. 26 23 (7) Receive status and operations reports associated with 26 24 IowAccess. 26 25 (8) Other duties as assigned by the director. 26 26 b. The advisory council shall also advise the director 26 27 with respect to the operation of IowAccess and encourage and 26 28 implement access to government and its public records by the 26 29 citizens of this state. 26 30 c. The advisory council shall serve as a link between the 26 31 users of public records, the lawful custodians of such public 26 32 records, and the citizens of this state who are the owners of 26 33 such public records. 26 34 d. The advisory council shall ensure that IowAccess gives 26 35 priority to serving the needs of the citizens of this state. 27 1 3. MEMBERSHIP. 27 2 a. The advisory council shall be composed of nineteen 27 3 members including the following: 27 4 (1) Five persons appointed by the governor representing 27 5 the primary customers of IowAccess. 27 6 (2) Six persons representing lawful custodians as follows: 27 7 (a) One person representing the legislative branch, who 27 8 shall not be a member of the general assembly, to be appointed 27 9 jointly by the president of the senate, after consultation 27 10 with the majority and minority leaders of the senate, and by 27 11 the speaker of the house of representatives, after 27 12 consultation with the majority and minority leaders of the 27 13 house of representatives. 27 14 (b) One person representing the judicial branch as 27 15 designated by the chief justice of the supreme court. 27 16 (c) One person representing the executive branch as 27 17 designated by the governor. 27 18 (d) One person to be appointed by the governor 27 19 representing cities who shall be actively engaged in the 27 20 administration of a city. 27 21 (e) One person to be appointed by the governor 27 22 representing counties who shall be actively engaged in the 27 23 administration of a county. 27 24 (f) One person to be appointed by the governor 27 25 representing the federal government. 27 26 (3) Four members to be appointed by the governor 27 27 representing a cross section of the citizens of the state. 27 28 (4) Four members of the general assembly, two from the 27 29 senate and two from the house of representatives, with not 27 30 more than one member from each chamber being from the same 27 31 political party. The two senators shall be designated by the 27 32 president of the senate after consultation with the majority 27 33 and minority leaders of the senate. The two representatives 27 34 shall be designated by the speaker of the house of 27 35 representatives after consultation with the majority and 28 1 minority leaders of the house of representatives. Legislative 28 2 members shall serve in an ex officio, nonvoting capacity. A 28 3 legislative member is eligible for per diem and expenses as 28 4 provided in section 2.10. 28 5 b. Members appointed by the governor are subject to 28 6 confirmation by the senate and shall serve four-year staggered 28 7 terms as designated by the governor. The advisory council 28 8 shall annually elect its own chairperson from among the voting 28 9 members of the board. Members appointed by the governor are 28 10 subject to the requirements of sections 69.16, 69.16A, and 28 11 69.19. Members appointed by the governor shall be reimbursed 28 12 for actual and necessary expenses incurred in performance of 28 13 their duties. Such members may also be eligible to receive 28 14 compensation as provided in section 7E.6. 28 15 4. This section shall not be construed to impair the right 28 16 of a person to contract to purchase information or data from 28 17 the Iowa court information system or any other governmental 28 18 entity. This section shall not be construed to affect a data 28 19 purchase agreement or contract in existence on April 25, 2000. 28 20 Sec. 25. NEW SECTION. 8A.222 FINANCIAL TRANSACTIONS. 28 21 1. Moneys paid to a participating agency from persons who 28 22 complete an electronic financial transaction with the agency 28 23 by accessing IowAccess shall be transferred to the treasurer 28 24 of state for deposit in the general fund of the state, unless 28 25 the disposition of the moneys is specifically provided for 28 26 under other law. The moneys may include all of the following: 28 27 a. Fees required to obtain an electronic public record as 28 28 provided in section 22.3A. 28 29 b. Fees required to process an application or file a 28 30 document, including but not limited to fees required to obtain 28 31 a license issued by a licensing authority. 28 32 c. Moneys owed to a governmental entity by a person 28 33 accessing IowAccess in order to satisfy a liability arising 28 34 from the operation of law, including the payment of 28 35 assessments, taxes, fines, and civil penalties. 29 1 2. Moneys transferred using IowAccess may include amounts 29 2 owed by a governmental entity to a person accessing IowAccess 29 3 in order to satisfy a liability of the governmental entity. 29 4 The moneys may include the payment of tax refunds, and the 29 5 disbursement of support payments as defined in section 252D.16 29 6 or 598.1 as required for orders issued pursuant to section 29 7 252B.14. 29 8 3. In addition to other forms of payment, credit cards 29 9 shall be accepted in payment for moneys owed to or fees 29 10 imposed by a governmental entity in the same manner as 29 11 provided in section 8A.125. 29 12 4. Notwithstanding any other provision of this section, 29 13 the department may establish for the fiscal years beginning 29 14 July 1, 2003, and ending June 30, 2005, a pilot project for 29 15 fee collection. Fees shall be collected based on the ability 29 16 to access court information from remote locations. 29 17 Sec. 26. NEW SECTION. 8A.223 AUDITS REQUIRED. 29 18 A technology audit of the electronic transmission system by 29 19 which government records are transmitted electronically to the 29 20 public shall be conducted not less than once annually for the 29 21 purpose of determining that government records and other 29 22 electronic data are not misappropriated or misused by the 29 23 department or a contractor of the department. 29 24 Sec. 27. NEW SECTION. 8A.224 IOWACCESS REVOLVING FUND. 29 25 An IowAccess revolving fund is created in the state 29 26 treasury. The revolving fund shall be administered by the 29 27 department and shall consist of moneys collected by the 29 28 department as fees, moneys appropriated by the general 29 29 assembly, and any other moneys obtained or accepted by the 29 30 department for deposit in the revolving fund. The proceeds of 29 31 the revolving fund are appropriated to and shall be used by 29 32 the department to maintain, develop, operate, and expand 29 33 IowAccess consistent with this article. The department shall 29 34 submit an annual report not later than January 31 to the 29 35 members of the general assembly and the legislative fiscal 30 1 bureau, of the activities funded by and expenditures made from 30 2 the revolving fund during the preceding fiscal year. Section 30 3 8.33 does not apply to any moneys in the revolving fund and, 30 4 notwithstanding section 12C.7, subsection 2, earnings or 30 5 interest on moneys deposited in the revolving fund shall be 30 6 credited to the revolving fund. 30 7 ARTICLE 3 30 8 PHYSICAL RESOURCES 30 9 GENERAL PROVISIONS 30 10 Sec. 28. NEW SECTION. 8A.301 DEFINITIONS. 30 11 When used in this article, unless the context otherwise 30 12 requires: 30 13 1. "Bid specification" means the standards or qualities 30 14 which must be met before a contract to purchase will be 30 15 awarded and any terms which the director has set as a 30 16 condition precedent to the awarding of a contract. 30 17 2. "Competitive bidding procedure" means the advertisement 30 18 for, solicitation of, or the procurement of bids; the manner 30 19 and condition in which bids are received; and the procedure by 30 20 which bids are opened, accessed, accepted, rejected, or 30 21 awarded. A "competitive bidding procedure" may include a 30 22 transaction accomplished in an electronic format. 30 23 3. "Life cycle cost" means the expected total cost of 30 24 ownership during the life of a product. 30 25 4. "Printing" means, as used in chapter 7A and this 30 26 article, the reproduction of an image from a printing surface 30 27 made generally by a contact impression that causes a transfer 30 28 of ink, the reproduction of an impression by a photographic 30 29 process, or the reproduction of an image by electronic means 30 30 and shall include binding and may include material, processes, 30 31 or operations necessary to produce a finished printed product, 30 32 but shall not include binding, rebinding or repairs of books, 30 33 journals, pamphlets, magazines and literary articles by any 30 34 library of the state or any of its offices, departments, 30 35 boards, and commissions held as a part of their library 31 1 collection. 31 2 5. "State buildings and grounds" excludes any building 31 3 under the custody and control of the Iowa public employees' 31 4 retirement system. 31 5 Sec. 29. NEW SECTION. 8A.302 DEPARTMENTAL DUTIES – 31 6 PHYSICAL RESOURCES. 31 7 The duties of the department as it relates to the physical 31 8 resources of state government shall include but not 31 9 necessarily be limited to the following: 31 10 1. Providing a system of uniform standards and 31 11 specifications for purchasing. When the system is developed, 31 12 all items of general use shall be purchased by state agencies 31 13 through the department, except items used by the state 31 14 department of transportation, institutions under the control 31 15 of the state board of regents, the department for the blind, 31 16 and any other agencies exempted by law. However, items of 31 17 general use may be purchased through the department by any 31 18 governmental entity. 31 19 2. Providing for the proper maintenance of the state 31 20 capitol, grounds, and equipment, and all other state buildings 31 21 and grounds, and equipment at the seat of government, and of 31 22 the state laboratories facility in Ankeny, except those 31 23 referred to in section 216B.3, subsection 6. 31 24 3. Providing for mail services for all state officials, 31 25 agencies, and departments located at the seat of government. 31 26 However, postage shall not be furnished to the general 31 27 assembly, its members, officers, employees, or committees. 31 28 4. Providing architectural services, contracting for 31 29 construction and construction oversight for state agencies 31 30 except for the state board of regents, department of 31 31 transportation, national guard, natural resource commission, 31 32 and the Iowa public employees' retirement system. Capital 31 33 funding appropriated to state agencies, except to the state 31 34 board of regents, department of transportation, national 31 35 guard, natural resource commission, and the Iowa public 32 1 employees' retirement system, for property management shall be 32 2 transferred for administration to the director of the 32 3 department of administrative services. 32 4 5. Developing and implementing procedures to conduct 32 5 transactions, including purchasing, authorized by this article 32 6 in an electronic format to the extent determined appropriate 32 7 by the department. The director shall adopt rules 32 8 establishing criteria for competitive bidding procedures 32 9 involving transactions in an electronic format, including 32 10 criteria for accepting or rejecting bids which are 32 11 electronically transmitted to the department, and for 32 12 establishing with reasonable assurance the authenticity of the 32 13 bid and the bidder's identity. 32 14 6. Providing insurance for motor vehicles owned by the 32 15 state. 32 16 PURCHASING 32 17 Sec. 30. NEW SECTION. 8A.311 COMPETITIVE BIDDING – 32 18 PREFERENCES – RECIPROCAL APPLICATION – DIRECT PURCHASING. 32 19 The director shall adopt rules establishing competitive 32 20 bidding procedures. 32 21 1. All equipment, supplies, or services procured by the 32 22 department shall be purchased by a competitive bidding 32 23 procedure. However, the director may exempt by rule purchases 32 24 of noncompetitive items and purchases in lots or quantities 32 25 too small to be effectively purchased by competitive bidding. 32 26 Preference shall be given to purchasing Iowa products and 32 27 purchases from Iowa-based businesses if the Iowa-based 32 28 business bids submitted are comparable in price to bids 32 29 submitted by out-of-state businesses and otherwise meet the 32 30 required specifications. If the laws of another state mandate 32 31 a percentage preference for businesses or products from that 32 32 state and the effect of the preference is that bids of Iowa 32 33 businesses or products that are otherwise low and responsive 32 34 are not selected in the other state, the same percentage 32 35 preference shall be applied to Iowa businesses and products 33 1 when businesses or products from that other state are bid to 33 2 supply Iowa requirements. 33 3 2. The director may also exempt the purchase of an item or 33 4 service from a competitive bidding procedure when the director 33 5 determines that the best interests of the state will be served 33 6 by the exemption which shall be based on one of the following: 33 7 a. An immediate or emergency need existing for the item or 33 8 service. 33 9 b. A need to protect the health, safety, or welfare of 33 10 persons occupying or visiting a public improvement or property 33 11 located adjacent to the public improvement. 33 12 3. a. The director may contract for the purchase of items 33 13 or services by the department. Contracts for the purchase of 33 14 items or services shall be awarded on the basis of the lowest 33 15 competent bid. Contracts not based on competitive bidding 33 16 shall be awarded on the basis of bidder competence and 33 17 reasonable price. 33 18 b. Architectural and engineering services shall be 33 19 procured in a reasonable manner, as the director by rule may 33 20 determine, on the basis of competence and qualification for 33 21 the type of services required and for a fair and reasonable 33 22 price. 33 23 4. The director may refuse all bids on any item or service 33 24 and request new bids. 33 25 5. The director shall establish by rule the amount of 33 26 security, if any, to accompany a bid or as a condition 33 27 precedent to the awarding of any contract and the 33 28 circumstances under which a security will be returned to the 33 29 bidder or forfeited to the state. 33 30 6. The director shall adopt rules providing a method for 33 31 the various state agencies to file with the department a list 33 32 of those supplies, equipment, machines, and all items needed 33 33 to properly perform their governmental duties and functions. 33 34 7. The director shall furnish a list of specifications, 33 35 prices, and discounts of contract items to any governmental 34 1 subdivision which shall be responsible for payment to the 34 2 vendor under the terms and conditions outlined in the state 34 3 contract. 34 4 8. The director shall adopt rules providing that any state 34 5 agency may, upon request, purchase directly from a vendor if 34 6 the direct purchasing is as economical or more economical than 34 7 purchasing through the department, or upon a showing that 34 8 direct purchasing by the state agency would be in the best 34 9 interests of the state due to an immediate or emergency need. 34 10 The rules shall include a provision permitting a state agency 34 11 to purchase directly from a vendor, on the agency's own 34 12 authority, if the purchase will not exceed five thousand 34 13 dollars and the purchase will contribute to the agency 34 14 complying with or exceeding the targeted small business 34 15 procurement goals under sections 73.15 through 73.21. 34 16 Any member of the executive council may bring before the 34 17 executive council for review a decision of the director 34 18 granting a state agency request for direct purchasing. The 34 19 executive council shall hear and review the director's 34 20 decision in the same manner as an appeal filed by an aggrieved 34 21 bidder, except that the three-day period for filing for review 34 22 shall not apply. 34 23 9. a. When the estimated total cost of construction, 34 24 erection, demolition, alteration, or repair of a public 34 25 improvement exceeds twenty-five thousand dollars, the 34 26 department shall solicit bids on the proposed improvement by 34 27 publishing an advertisement in a print format. The 34 28 advertisement shall appear in two publications in a newspaper 34 29 published in the county in which the work is to be done. The 34 30 first advertisement for bids appearing in a newspaper shall be 34 31 not less than fifteen days prior to the date set for receiving 34 32 bids. The department may publish an advertisement in an 34 33 electronic format as an additional method of soliciting bids 34 34 under this paragraph. 34 35 b. In awarding a contract under this subsection, the 35 1 department shall let the work to the lowest responsible bidder 35 2 submitting a sealed proposal. However, if the department 35 3 considers the bids received not to be acceptable, all bids may 35 4 be rejected and new bids requested. A bid shall be 35 5 accompanied by a certified or cashier's check or bid bond in 35 6 an amount designated in the advertisement for bids as security 35 7 that the bidder will enter into a contract for the work 35 8 requested. The department shall establish the bid security in 35 9 an amount equal to at least five percent, but not more than 35 10 ten percent of the estimated total cost of the work. The 35 11 certified or cashier's checks or bid bonds of unsuccessful 35 12 bidders shall be returned as soon as the successful bidder is 35 13 determined. The certified or cashier's check or bid bond of 35 14 the successful bidder shall be returned upon execution of the 35 15 contract. This subsection does not apply to the construction, 35 16 erection, demolition, alteration, or repair of a public 35 17 improvement when the contracting procedure for the work 35 18 requested is otherwise provided for in law. 35 19 10. The state and its political subdivisions shall give 35 20 preference to purchasing Iowa products and purchasing from 35 21 Iowa-based businesses if the bids submitted are comparable in 35 22 price to those submitted by other bidders and meet the 35 23 required specifications. 35 24 11. The director shall adopt rules which require that each 35 25 bid received for the purchase of items purchased by the 35 26 department includes a product content statement which provides 35 27 the percentage of the content of the item which is reclaimed 35 28 material. 35 29 12. The director shall review and, where necessary, revise 35 30 specifications used by state agencies to procure products in 35 31 order to ensure all of the following: 35 32 a. The procurement of products containing recovered 35 33 materials, including but not limited to lubricating oils, 35 34 retread tires, building insulation materials, and recovered 35 35 materials from waste tires. The specifications shall be 36 1 revised if they restrict the use of alternative materials, 36 2 exclude recovered materials, or require performance standards 36 3 which exclude products containing recovered materials unless 36 4 the agency seeking the product can document that the use of 36 5 recovered materials will hamper the intended use of the 36 6 product. 36 7 b. The procurement by state agencies of bio-based 36 8 hydraulic fluids, greases, and other industrial lubricants 36 9 manufactured from soybeans in accordance with the requirements 36 10 of section 8A.316. 36 11 13. A bidder awarded a state construction contract shall 36 12 disclose the names of all subcontractors, who will work on the 36 13 project being bid, within forty-eight hours after the award of 36 14 the contract. 36 15 If a subcontractor named by a bidder awarded a state 36 16 construction contract is replaced, or if the cost of work to 36 17 be done by a subcontractor is reduced, the bidder shall 36 18 disclose the name of the new subcontractor or the amount of 36 19 the reduced cost. 36 20 14. A state agency shall make every effort to purchase 36 21 those products produced for sale by sheltered workshops, work 36 22 activity centers, and other special programs funded in whole 36 23 or in part by public moneys that employ persons with mental 36 24 retardation or other developmental disabilities or mental 36 25 illness if the products meet the required specifications. 36 26 15. A state agency shall make every effort to purchase 36 27 products produced for sale by employers of persons in 36 28 supported employment. 36 29 16. The department shall not award a contract to a bidder 36 30 for a construction, reconstruction, demolition, or repair 36 31 project or improvement with an estimated cost that exceeds 36 32 twenty-five thousand dollars in which the bid requires the use 36 33 of inmate labor supplied by the department of corrections, but 36 34 not employed by private industry pursuant to section 904.809, 36 35 to perform the project or improvement. 37 1 17. This section does not apply to Iowa technology center 37 2 contracts in support of activities performed for another 37 3 governmental entity, either state or federal. The Iowa 37 4 technology center is an entity created by a chapter 28E 37 5 agreement entered into by the department of public defense. 37 6 18. Life cycle cost and energy efficiency shall be 37 7 included in the criteria used by the department, institutions 37 8 under the control of the state board of regents, the 37 9 department of transportation, the department for the blind, 37 10 and other state agencies in developing standards and 37 11 specifications for purchasing energy-consuming products. For 37 12 purposes of this subsection, the life cycle costs of American 37 13 motor vehicles shall be reduced by five percent in order to 37 14 determine if the motor vehicle is comparable to foreign-made 37 15 motor vehicles. "American motor vehicles" includes those 37 16 vehicles manufactured in this state and those vehicles in 37 17 which at least seventy percent of the value of the motor 37 18 vehicle was manufactured in the United States or Canada and at 37 19 least fifty percent of the motor vehicle sales of the 37 20 manufacturer are in the United States or Canada. In 37 21 determining the life cycle costs of a motor vehicle, the costs 37 22 shall be determined on the basis of the bid price, the resale 37 23 value, and the operating costs based upon a useable life of 37 24 five years or seventy-five thousand miles, whichever occurs 37 25 first. 37 26 19. Preference shall be given to purchasing American-made 37 27 products and purchases from American-based businesses if the 37 28 life cycle costs are comparable to those products of foreign 37 29 businesses and which most adequately fulfill the department's 37 30 need. 37 31 Sec. 31. NEW SECTION. 8A.312 COOPERATIVE PURCHASING. 37 32 The director may purchase items through the department of 37 33 transportation, institutions under the control of the state 37 34 board of regents, and any other agency exempted by law from 37 35 centralized purchasing. These state agencies shall upon 38 1 request furnish the director with a list of and specifications 38 2 for all items of office equipment, furniture, fixtures, motor 38 3 vehicles, heavy equipment, and other related items to be 38 4 purchased during the next quarter and the date by which the 38 5 director must file with the agency the quantity of items to be 38 6 purchased by the state agency for the department. The 38 7 department shall be liable to the state agency for the 38 8 proportionate costs the items purchased for the department 38 9 bear to the total purchase price. When items purchased have 38 10 been delivered, the state agency shall notify the director and 38 11 after receipt of the purchase price shall release the items to 38 12 the director or upon the director's order. 38 13 Sec. 32. NEW SECTION. 8A.313 DISPUTES INVOLVING 38 14 PURCHASING FROM IOWA STATE INDUSTRIES. 38 15 Disputes arising between the department of corrections and 38 16 a purchasing department or agency over the procurement of 38 17 products from Iowa state industries as described in section 38 18 904.808 shall be referred to the director. The decision of 38 19 the director is final unless a written appeal is filed with 38 20 the executive council within five days of receipt of the 38 21 decision of the director, excluding Saturdays, Sundays, and 38 22 legal holidays. If an appeal is filed, the executive council 38 23 shall hear and determine the appeal within thirty days. The 38 24 decision of the executive council is final. 38 25 Sec. 33. NEW SECTION. 8A.314 PURCHASING REVOLVING FUND. 38 26 1. A purchasing revolving fund is established within the 38 27 department. The director shall keep an accurate itemized 38 28 account for each state agency purchasing through the 38 29 department, using services provided for by the department, and 38 30 using postage supplied by the department. 38 31 2. At the end of each month the director shall render a 38 32 statement to each state agency for the actual cost of items 38 33 purchased through the department, and the actual cost of 38 34 services and postage used by the agency. The monthly 38 35 statement shall also include a fair proportion of the 39 1 administrative costs of the department during the month. The 39 2 portion of administrative costs shall be determined by the 39 3 director subject to review by the executive council upon 39 4 complaint from any state agency adversely affected. 39 5 3. Statements rendered to the various state agencies shall 39 6 be paid by the state agencies in the manner determined by the 39 7 department. When the statements are paid the sums shall be 39 8 credited to the purchasing revolving fund. If any funds 39 9 accrue to the revolving fund in excess of two hundred twenty- 39 10 five thousand dollars and there is no anticipated need or use 39 11 for such funds, the governor shall order the excess funds 39 12 credited to the general fund of the state. 39 13 Sec. 34. NEW SECTION. 8A.315 STATE PURCHASES – RECYCLED 39 14 PRODUCTS – SOYBEAN-BASED INKS. 39 15 1. When purchasing paper products other than printing and 39 16 writing paper, the department shall, when the price is 39 17 reasonably competitive and the quality as intended, purchase 39 18 the recycled product. The department shall also purchase, 39 19 when the price is reasonably competitive and the quality as 39 20 intended, and in keeping with the schedule established in this 39 21 subsection, soybean-based inks and plastic products with 39 22 recycled content including but not limited to plastic garbage 39 23 can liners. 39 24 a. One hundred percent of the purchases of inks which are 39 25 used for newsprint printing services performed internally or 39 26 contracted for by the department shall be soybean-based. 39 27 b. One hundred percent of the purchases of inks, other 39 28 than inks which are used for newsprint printing services, and 39 29 which are used internally or contracted for by the department, 39 30 shall be soybean-based to the extent formulations for such 39 31 inks are available. 39 32 c. A minimum of ten percent of the purchases of garbage 39 33 can liners made by the department shall be plastic garbage can 39 34 liners with recycled content. The percentage shall increase 39 35 by ten percent annually until fifty percent of the purchases 40 1 of garbage can liners are plastic garbage can liners with 40 2 recycled content. 40 3 d. The department shall report to the general assembly on 40 4 February 1 of each year the following: 40 5 (1) A listing of plastic products which are regularly 40 6 purchased by the department and other state agencies for which 40 7 recycled content product alternatives are available, including 40 8 the cost of the plastic products purchased and the cost of the 40 9 recycled content product alternatives. 40 10 (2) Information relating to soybean-based inks and plastic 40 11 garbage can liners with recycled content regularly purchased 40 12 by the department and other state agencies, including the cost 40 13 of purchasing soybean-based inks and plastic garbage can 40 14 liners with recycled content and the percentages of soybean- 40 15 based inks and plastic garbage can liners with recycled 40 16 content that have been purchased. 40 17 e. For purposes of this subsection, "recycled content" 40 18 means that the content of the product contains a minimum of 40 19 thirty percent postconsumer material. 40 20 2. a. Except as otherwise provided in this section, the 40 21 department shall purchase and use recycled printing and 40 22 writing paper so that ninety percent of the volume of printing 40 23 and writing paper purchased is recycled paper. The recycled 40 24 printing and writing paper shall meet the requirements for 40 25 procuring recycled printing and writing paper set forth in 40 40 26 C.F.R. pt. 247, and in related recovered materials advisory 40 27 notices issued by the United States environmental protection 40 28 agency. 40 29 b. The department shall establish a prioritization 40 30 procedure for the purchase of recycled paper which provides 40 31 for a five percent differential in the cost of the purchase of 40 32 paper which has been recycled through the use of a 40 33 nonchlorinated process. 40 34 c. If a provision under this subsection results in the 40 35 limitation of sources for the purchase of printing and writing 41 1 paper to three or fewer sources, the department may waive the 41 2 requirement in order to purchase necessary amounts of printing 41 3 and writing paper. 41 4 d. Notwithstanding the requirements of this subsection 41 5 regarding the purchase of recycled printing and writing paper, 41 6 the department shall purchase acid-free permanent paper in the 41 7 amount necessary for the production or reproduction of 41 8 documents, papers, or similar materials produced or reproduced 41 9 for permanent preservation pursuant to law. 41 10 3. The department, in conjunction with the department of 41 11 natural resources, shall review the procurement specifications 41 12 currently used by the state to eliminate, wherever possible, 41 13 discrimination against the procurement of products 41 14 manufactured with recovered materials and soybean-based inks. 41 15 4. The department of natural resources shall assist the 41 16 department in locating suppliers of recycled products and 41 17 soybean-based inks and collecting data on recycled content and 41 18 soybean-based ink purchases. 41 19 5. Information on recycled content shall be requested on 41 20 all bids for paper products other than printing and writing 41 21 paper issued by the state and on other bids for products which 41 22 could have recycled content such as oil, plastic products, 41 23 including but not limited to compost materials, aggregate, 41 24 solvents, soybean-based inks, and rubber products. Except for 41 25 purchases of printing and writing paper made pursuant to 41 26 subsection 2, paragraphs "c" and "d", the department shall 41 27 require persons submitting bids for printing and writing paper 41 28 to certify that the printing and writing paper proposed 41 29 complies with the requirements referred to in subsection 2, 41 30 paragraph "a". 41 31 6. The department, in conjunction with the department of 41 32 natural resources, shall adopt rules to administer this 41 33 section. 41 34 7. All state agencies shall fully cooperate with the 41 35 department and with the department of natural resources in all 42 1 phases of implementing this section. 42 2 8. The department, whenever technically feasible, shall 42 3 purchase and use degradable loose foam packing material 42 4 manufactured from grain starches or other renewable resources, 42 5 unless the cost of the packing material is more than ten 42 6 percent greater than the cost of packing material made from 42 7 nonrenewable resources. For the purposes of this subsection, 42 8 "packing material" means material, other than an exterior 42 9 packing shell, that is used to stabilize, protect, cushion, or 42 10 brace the contents of a package. 42 11 Sec. 35. NEW SECTION. 8A.316 LUBRICANTS AND OILS – 42 12 PREFERENCES. 42 13 The department shall do all of the following: 42 14 1. Revise its procedures and specifications for the 42 15 purchase of lubricating oil and industrial oil to eliminate 42 16 exclusion of recycled oils and any requirement that oils be 42 17 manufactured from virgin materials. 42 18 2. Require that purchases of lubricating oil and 42 19 industrial oil be made from the seller whose oil product 42 20 contains the greatest percentage of recycled oil, unless one 42 21 of the following circumstances regarding a specific oil 42 22 product containing recycled oil exists: 42 23 a. The product is not available within a reasonable period 42 24 of time or in quantities necessary or in container sizes 42 25 appropriate to meet a state agency's needs. 42 26 b. The product does not meet the performance requirements 42 27 or standards recommended by the equipment or vehicle 42 28 manufacturer, including any warranty requirements. 42 29 c. The product is available only at a cost greater than 42 30 one hundred five percent of the cost of comparable virgin oil 42 31 products. 42 32 3. Establish and maintain a preference program for 42 33 procuring oils containing the maximum content of recycled oil. 42 34 The preference program shall include but is not limited to all 42 35 of the following: 43 1 a. The inclusion of the preferences for recycled oil 43 2 products in publications used to solicit bids from suppliers. 43 3 b. The provision of a description of the recycled oil 43 4 procurement program at bidders' conferences. 43 5 c. Discussion of the preference program in lubricating oil 43 6 and industrial oil procurement solicitations or invitations to 43 7 bid. 43 8 d. Efforts to inform industry trade associations about the 43 9 preference program. 43 10 4. a. Provide that when purchasing hydraulic fluids, 43 11 greases, and other industrial lubricants, the department or a 43 12 state agency authorized by the department to directly purchase 43 13 hydraulic fluids, greases, and other industrial lubricants 43 14 shall give preference to purchasing bio-based hydraulic 43 15 fluids, greases, and other industrial lubricants manufactured 43 16 from soybeans. 43 17 b. Provide for the implementation of requirements 43 18 necessary in order to carry out this subsection by the 43 19 department or state agency making the purchase, which shall 43 20 include all of the following: 43 21 (1) Including the preference requirements in publications 43 22 used to solicit bids for hydraulic fluids, greases, and other 43 23 industrial lubricants. 43 24 (2) Describing the preference requirements at bidders' 43 25 conferences in which bids for the sale of hydraulic fluids, 43 26 greases, and other industrial lubricants are sought by the 43 27 department or authorized state agency. 43 28 (3) Discussing the preference requirements in procurement 43 29 solicitations or invitations to bid for hydraulic fluids, 43 30 greases, and other industrial lubricants. 43 31 (4) Informing industry trade associations about the 43 32 preference requirements. 43 33 c. As used in this subsection, unless the context 43 34 otherwise requires: 43 35 (1) "Bio-based hydraulic fluids, greases, and other 44 1 industrial lubricants" means the same as defined by the United 44 2 States department of agriculture, if the department has 44 3 adopted such a definition. If the United States department of 44 4 agriculture has not adopted a definition, "bio-based hydraulic 44 5 fluids, greases, and other industrial lubricants" means 44 6 hydraulic fluids, greases, and other lubricants containing a 44 7 minimum of fifty-one percent soybean oil. 44 8 (2) "Other industrial lubricants" means lubricants used or 44 9 applied to machinery. 44 10 PHYSICAL RESOURCES AND FACILITY MANAGEMENT 44 11 Sec. 36. NEW SECTION. 8A.321 PHYSICAL RESOURCES AND 44 12 FACILITY MANAGEMENT – DIRECTOR DUTIES – APPROPRIATION. 44 13 In managing the physical resources of government, the 44 14 director shall perform all of the following duties: 44 15 1. Provide for supervision over the custodians, and other 44 16 employees of the department in and about the capitol and other 44 17 state buildings, and the state laboratories facility in 44 18 Ankeny, except the buildings and grounds referred to in 44 19 section 216B.3, subsection 6, at the seat of government. 44 20 2. Institute, in the name of the state, and with the 44 21 advice and consent of the attorney general, civil and criminal 44 22 proceedings against any person for injury or threatened injury 44 23 to any public property, including but not limited to 44 24 intangible and intellectual property, under the person's 44 25 control. 44 26 3. Under the direction of the governor, provide, furnish, 44 27 and pay for public utilities service, heat, maintenance, minor 44 28 repairs, and equipment in operating and maintaining the 44 29 official residence of the governor of Iowa. 44 30 4. Contract, with the approval of the executive council, 44 31 for the repair, remodeling, or, if the condition warrants, 44 32 demolition of all buildings and grounds of the state at the 44 33 seat of government, at the state laboratories facility in 44 34 Ankeny, and the institutions of the department of human 44 35 services and the department of corrections for which no 45 1 specific appropriation has been made, if the cost of repair, 45 2 remodeling, or demolition will not exceed one hundred thousand 45 3 dollars when completed. The cost of repair projects for which 45 4 no specific appropriation has been made shall be paid from the 45 5 fund provided in section 7D.29. 45 6 5. Dispose of all personal property of the state under the 45 7 director's control as provided by section 8A.324 when it 45 8 becomes unnecessary or unfit for further use by the state. If 45 9 the director concludes that the personal property is 45 10 contaminated, contains hazardous waste, or is hazardous waste, 45 11 the director may charge the state agency responsible for the 45 12 property for removal and disposal of the personal property. 45 13 The director shall adopt rules establishing the procedures for 45 14 inspecting, selecting, and removing personal property from 45 15 state agencies or from state storage. 45 16 6. a. Lease all buildings and office space necessary to 45 17 carry out the provisions of this article or necessary for the 45 18 proper functioning of any state agency at the seat of 45 19 government. For state agencies at the seat of government, the 45 20 director may lease buildings and office space in Polk county 45 21 or in a county contiguous to Polk county. If no specific 45 22 appropriation has been made, the proposed lease shall be 45 23 submitted to the executive council for approval. The cost of 45 24 any lease for which no specific appropriation has been made 45 25 shall be paid from the fund provided in section 7D.29. 45 26 b. When the general assembly is not in session, the 45 27 director may request moneys from the executive council for 45 28 moving state agencies located at the seat of government from 45 29 one location to another. The request may include moving 45 30 costs, telecommunications costs, repair costs, or any other 45 31 costs relating to the move. The executive council may approve 45 32 and shall pay the costs from funds provided in section 7D.29 45 33 if it determines the agency or department has no available 45 34 funds for these expenses. 45 35 c. Coordinate the leasing of buildings and office space by 46 1 state agencies throughout the state and develop cooperative 46 2 relationships with the state board of regents in order to 46 3 promote the colocation of state agencies. 46 4 7. Unless otherwise provided by law, coordinate the 46 5 location, design, plans and specifications, construction, and 46 6 ultimate use of the real or personal property to be purchased 46 7 by a state agency for whose benefit and use the property is 46 8 being obtained. If the purchase of real or personal property 46 9 is to be financed pursuant to section 12.28, the department 46 10 shall cooperate with the treasurer of state in providing the 46 11 information necessary to complete the financing of the 46 12 property. 46 13 A contract for acquisition, construction, erection, 46 14 demolition, alteration, or repair by a private person of real 46 15 or personal property to be lease-purchased by the treasurer of 46 16 state pursuant to section 12.28 is exempt from section 8A.311, 46 17 subsections 1 and 9, unless the lease-purchase contract is 46 18 funded in advance by a deposit of the lessor's moneys to be 46 19 administered by the treasurer of state under a lease-purchase 46 20 contract which requires rent payments to commence upon 46 21 delivery of the lessor's moneys to the lessee. 46 22 8. With the authorization of a constitutional majority of 46 23 each house of the general assembly and approval by the 46 24 governor, dispose of real property belonging to the state and 46 25 its state agencies upon terms, conditions, and consideration 46 26 as the director may recommend. If real property subject to 46 27 sale under this subsection has been purchased or acquired from 46 28 appropriated funds, the proceeds of the sale shall be 46 29 deposited with the treasurer of state and credited to the 46 30 general fund of the state or other fund from which 46 31 appropriated. There is appropriated from that same fund, with 46 32 the prior approval of the executive council and in cooperation 46 33 with the director, a sum equal to the proceeds so deposited 46 34 and credited to the state agency to which the disposed real 46 35 property belonged or by which it was used, for purposes of the 47 1 state agency. 47 2 9. Subject to the selection procedures of section 12.30, 47 3 employ financial consultants, banks, insurers, underwriters, 47 4 accountants, attorneys, and other advisors or consultants 47 5 necessary to implement the provisions of subsection 7. 47 6 10. Prepare annual status reports for all ongoing capital 47 7 projects of all state agencies, as defined in section 8.3A, 47 8 and submit the status reports to the legislative capital 47 9 projects committee. 47 10 11. Call upon any state agency, as defined in section 47 11 8.3A, for assistance the director may require in performing 47 12 the director's duties under subsection 10 regarding capital 47 13 project status reports. All state agencies, upon the request 47 14 of the director and with the approval of the director of the 47 15 department of management, shall assist the director and are 47 16 authorized to make available to the director any existing 47 17 studies, surveys, plans, data, and other materials in the 47 18 possession of the state agencies which are relevant to the 47 19 director's duties. 47 20 12. In carrying out the requirements of section 64.6, 47 21 purchase an individual or a blanket surety bond insuring the 47 22 fidelity of state officers. The department may self-assume or 47 23 self-insure fidelity exposures for state officials and 47 24 employees. A state official is deemed to have furnished 47 25 surety if the official has been covered by a program of 47 26 insurance or self-insurance established by the department. To 47 27 the extent possible, all bonded state employees shall be 47 28 covered under one or more blanket bonds or position schedule 47 29 bonds. 47 30 13. Review the management of state property loss exposures 47 31 and state liability risk exposures for the capitol complex. 47 32 Insurance coverage may include self-insurance or any type of 47 33 insurance protection sold by insurers, including, but not 47 34 limited to, full coverage, partial coverage, coinsurance, 47 35 reinsurance, and deductible insurance coverage. 48 1 14. Establish a monument maintenance account in the state 48 2 treasury under the control of the department. Funds for the 48 3 maintenance of a state monument, whether received by gift, 48 4 devise, bequest, or otherwise, shall be deposited in the 48 5 account. Funds in the account shall be deposited in an 48 6 interest-bearing account. Notwithstanding section 12C.7, 48 7 interest earned on the account shall be deposited in the 48 8 account and shall be used to maintain the designated monument. 48 9 Any maintenance funds for a state monument held by the state 48 10 and interest earned on the funds shall be used to maintain the 48 11 designated monument. Notwithstanding section 8.33, funds in 48 12 the monument maintenance account at the end of a fiscal year 48 13 shall not revert to the general fund of the state. 48 14 Sec. 37. NEW SECTION. 8A.322 BUILDINGS AND GROUNDS – 48 15 SERVICES – PUBLIC USE. 48 16 1. The director shall provide necessary lighting, fuel, 48 17 and water services for the state buildings and grounds located 48 18 at the seat of government, and for the state laboratories 48 19 facility in Ankeny, except the buildings and grounds referred 48 20 to in section 216B.3, subsection 6. 48 21 2. Except for buildings and grounds described in section 48 22 216B.3, subsection 6; section 2.43, unnumbered paragraph 1; 48 23 and any buildings under the custody and control of the Iowa 48 24 public employees' retirement system, the director shall assign 48 25 office space at the capitol, other state buildings, and 48 26 elsewhere in the city of Des Moines, and the state 48 27 laboratories facility in Ankeny, for all executive and 48 28 judicial state agencies. Assignments may be changed at any 48 29 time. The various officers to whom rooms have been so 48 30 assigned may control the same while the assignment to them is 48 31 in force. Official apartments shall be used only for the 48 32 purpose of conducting the business of the state. The term 48 33 "capitol" or "capitol building" as used in the Code shall be 48 34 descriptive of all buildings upon the capitol grounds. The 48 35 capitol building itself is reserved for the operations of the 49 1 general assembly, the governor, and the courts and the 49 2 assignment and use of physical facilities for the general 49 3 assembly shall be pursuant to section 2.43. 49 4 3. The director shall establish, publish, and enforce 49 5 rules regulating and restricting the use by the public of the 49 6 capitol buildings and grounds and of the state laboratories 49 7 facility in Ankeny. The rules when established shall be 49 8 posted in conspicuous places about the capitol buildings and 49 9 grounds and the state laboratories facility, as applicable. 49 10 Any person violating any rule, except a parking regulation, 49 11 shall be guilty of a simple misdemeanor. 49 12 Sec. 38. NEW SECTION. 8A.323 PARKING REGULATIONS. 49 13 1. The director shall establish, publish, and enforce 49 14 rules regulating, restricting, or prohibiting the use by state 49 15 officials, state employees, and the public, of motor vehicle 49 16 parking facilities at the state capitol complex and at the 49 17 state laboratories facility in Ankeny. The assignment of 49 18 legislative parking spaces shall be under the control of the 49 19 legislative council. The rules established by the director 49 20 may establish fines for violations and a procedure for payment 49 21 of the fines. The director may order payment of a fine and 49 22 enforce the order in the district court. 49 23 2. Motor vehicles parked in violation of the rules may be 49 24 removed without the owner's or operator's consent and at the 49 25 owner's or operator's expense. Motor vehicles removed and not 49 26 claimed within thirty days of their removal or vehicles 49 27 abandoned within the capitol grounds may be disposed of in 49 28 accordance with the provisions of sections 321.85 through 49 29 321.91. 49 30 3. The parking rules established shall be posted in 49 31 conspicuous places at the capitol complex and at the state 49 32 laboratories facility in Ankeny, as applicable. Copies of the 49 33 rules shall be made available to all state officials and 49 34 employees and any other person who requests a copy of the 49 35 rules. 50 1 4. All fines collected by the department shall be 50 2 forwarded to the treasurer of state and deposited in the 50 3 general fund of the state. 50 4 Sec. 39. NEW SECTION. 8A.324 DISPOSAL OF PERSONAL 50 5 PROPERTY. 50 6 The director may dispose of personal property of the state 50 7 under the director's control by any of the following means: 50 8 1. The director may dispose of unfit or unnecessary 50 9 personal property by sale. Proceeds from the sale of personal 50 10 property shall be deposited in the general fund of the state. 50 11 2. If the director concludes that the personal property 50 12 has little or no value, the director may enter into an 50 13 agreement with a not-for-profit organization or governmental 50 14 agency to dispose of the personal property. The not-for- 50 15 profit organization or governmental agency may charge the 50 16 state agency in control of the property with the cost of 50 17 removing and transporting the property. Title to the personal 50 18 property shall transfer when the personal property is in the 50 19 possession of the not-for-profit organization or governmental 50 20 agency. If a governmental agency adds value to the property 50 21 transferred to it and sells it, the proceeds from the sale 50 22 shall be deposited with the governmental agency and not in the 50 23 general fund of the state. 50 24 3. The director may dispose of presses, printing 50 25 equipment, printing supplies, and other machinery or equipment 50 26 used in the printing operation. 50 27 Sec. 40. NEW SECTION. 8A.325 SERVICES AND COMMODITIES 50 28 ACCEPTED. 50 29 The director may accept services, commodities, and surplus 50 30 property and make provision for warehousing and distribution 50 31 to various departments and governmental subdivisions of the 50 32 state, and such other agencies, institutions, and authorized 50 33 recipients within the state as may be from time to time 50 34 designated in federal statutes and rules. 50 35 Sec. 41. NEW SECTION. 8A.326 TERRACE HILL COMMISSION. 51 1 1. The Terrace Hill commission is created consisting of 51 2 nine persons, appointed by the governor, who are knowledgeable 51 3 in business management and historic preservation and 51 4 renovation. The governor shall appoint the chairperson. The 51 5 terms of the commission members are for three years beginning 51 6 on July 1 and ending on June 30. 51 7 2. The Terrace Hill commission may consult with the 51 8 Terrace Hill society, Terrace Hill foundation, the executive 51 9 and legislative branches of this state, and other persons 51 10 interested in the property. 51 11 3. The Terrace Hill commission may enter into contracts, 51 12 subject to this chapter, to execute its purposes. 51 13 4. The commission may adopt rules to administer the 51 14 programs of the commission. The decision of the commission is 51 15 final agency action under chapter 17A. 51 16 Sec. 42. NEW SECTION. 8A.327 RENT REVOLVING FUND CREATED 51 17 – PURPOSE. 51 18 1. A rent revolving fund is created in the state treasury 51 19 under the control of the department to be used by the 51 20 department to pay the lease or rental costs of all buildings 51 21 and office space necessary for the proper functioning of any 51 22 state agency at the seat of state government as provided in 51 23 section 8A.321, subsection 6, except that this fund shall not 51 24 be used to pay the rental or lease costs of a state agency 51 25 which has not received funds budgeted for rental or lease 51 26 purposes. 51 27 2. The director shall pay the lease or rental fees to the 51 28 renter or lessor and submit a monthly statement to each state 51 29 agency for which building and office space is rented or 51 30 leased. If the director pays the lease or rental fees on 51 31 behalf of a state agency, the state agency's payment to the 51 32 department shall be credited to the rent revolving fund 51 33 established by this section. With the approval of the 51 34 director, a state agency may pay the lease or rental cost 51 35 directly to the person who is due the payment under the lease 52 1 or rental agreement. 52 2 Sec. 43. NEW SECTION. 8A.328 RECYCLING REVOLVING FUND. 52 3 A recycling revolving fund is created within the state 52 4 treasury under the control of the department. The fund shall 52 5 consist of any moneys appropriated by the general assembly and 52 6 any other moneys available to and obtained or accepted by the 52 7 department from the federal government or private sources for 52 8 placement in the fund. The assets of the fund shall be used 52 9 by the department only for supporting recycling operations. 52 10 Moneys in the fund shall be drawn upon the written requisition 52 11 of the director or an authorized representative of the 52 12 director. The fund is subject to an annual audit by the 52 13 auditor of state. Section 8.33 does not apply to any moneys 52 14 in the fund. Notwithstanding section 12C.7, subsection 2, 52 15 interest or earnings on moneys deposited in the fund shall be 52 16 credited to the fund. 52 17 Sec. 44. NEW SECTION. 8A.329 WASTEPAPER RECYCLING 52 18 PROGRAM. 52 19 1. The department in accordance with recommendations made 52 20 by the department of natural resources shall require all state 52 21 agencies to establish an agency wastepaper recycling program. 52 22 The director shall adopt rules which require a state agency to 52 23 develop a program to ensure the recycling of the wastepaper 52 24 generated by the agency. All state employees shall practice 52 25 conservation of paper materials. 52 26 2. For the purposes of this section, "agency wastepaper" 52 27 means wastepaper or wastepaper products generated by the 52 28 agency. 52 29 3. The rules adopted by the director shall provide for the 52 30 continuation of existing state agency contracts which provide 52 31 for alternative waste management not including incineration or 52 32 land burial of agency wastepaper. 52 33 PRINTING 52 34 Sec. 45. NEW SECTION. 8A.341 STATE PRINTING – DUTIES. 52 35 The director shall do all of the following as it relates to 53 1 printing: 53 2 1. Provide general supervision of all matters pertaining 53 3 to public printing, including the enforcement of contracts for 53 4 printing, except as otherwise provided by law. The 53 5 supervision shall include providing guidelines for the letting 53 6 of contracts for printing, the manner, form, style, and 53 7 quantity of public printing, and the specifications and 53 8 advertisements for public printing. In addition, the director 53 9 shall have charge of office equipment and supplies and of the 53 10 stock, if any, required in connection with printing contracts. 53 11 2. If money is appropriated for this purpose, by November 53 12 1 of each year supply a report which contains the name, 53 13 gender, county, or city of residence when possible, official 53 14 title, salary received during the previous fiscal year, base 53 15 salary as computed on July 1 of the current fiscal year, and 53 16 traveling and subsistence expense of the personnel of each of 53 17 the departments, boards, and commissions of the state 53 18 government except personnel who receive an annual salary of 53 19 less than one thousand dollars. The number of the personnel 53 20 and the total amount received by them shall be shown for each 53 21 department in the report. All employees who have drawn 53 22 salaries, fees, or expense allowances from more than one 53 23 department or subdivision shall be listed separately under the 53 24 proper departmental heading. On the request of the director, 53 25 the head of each department, board, or commission shall 53 26 furnish the data covering that agency. The report shall be 53 27 distributed upon request without charge to each caucus of the 53 28 general assembly, the legislative service bureau, the 53 29 legislative fiscal bureau, the chief clerk of the house of 53 30 representatives, and the secretary of the senate. Copies of 53 31 the report shall be made available to other persons in both 53 32 print or electronic medium upon payment of a fee, which shall 53 33 not exceed the cost of providing the copy of the report. 53 34 Sections 22.2 through 22.6 apply to the report. All funds 53 35 from the sale of the report shall be deposited in the printing 54 1 revolving fund established in section 8A.345. Requests for 54 2 print publications shall be handled only upon receipt of 54 3 postage by the director. 54 4 3. Deposit receipts from the sale of presses, printing 54 5 equipment, printing supplies, and other machinery or equipment 54 6 used in the printing operation in the printing revolving fund 54 7 established in section 8A.345. 54 8 Sec. 46. NEW SECTION. 8A.342 CONTRACTS WITH STATE 54 9 INSTITUTIONS. 54 10 The director may, without advertising for bids, enter into 54 11 contracts or make provision for doing any of the work coming 54 12 under the provisions of chapter 7A and this article at any 54 13 school or institution under the ownership or control of the 54 14 state. The work shall be done under conditions substantially 54 15 the same as those provided for in the case of contracts with 54 16 individuals and the same standard of quality or product shall 54 17 be required. 54 18 Sec. 47. NEW SECTION. 8A.343 SPECIFICATIONS AND 54 19 REQUIREMENTS. 54 20 The director shall, from time to time, adopt and print 54 21 specifications and requirements covering all matters relating 54 22 to printing that are the subject of contracts. 54 23 Sec. 48. NEW SECTION. 8A.344 PUBLIC PRINTING – BIDDING 54 24 PROCEDURES. 54 25 1. The director shall advertise for bids for public 54 26 printing. Advertisements shall state where and how 54 27 specifications and other necessary information may be 54 28 obtained, the time during which the director will receive 54 29 bids, and the day, hour, and place when bids will be publicly 54 30 opened or accessed, and the manner by which the contracts will 54 31 be awarded. 54 32 2. The director shall supply prospective bidders and 54 33 others on request with the specifications and requirements, 54 34 blank forms for bids, samples of printing so far as possible, 54 35 and all other information pertaining to the subject. 55 1 3. The specifications shall be kept on file in the office 55 2 of the director, open to public inspection, together with 55 3 samples so far as possible, of the work to be done or the 55 4 material to be furnished. 55 5 4. Bids submitted must be: 55 6 a. Secured in writing, by telephone, by facsimile, or in a 55 7 format prescribed by the director as indicated in the bid 55 8 specifications. 55 9 b. Signed by the bidder, or if a telephone or electronic 55 10 bid, confirmed by the bidder in a manner prescribed by the 55 11 director. 55 12 c. Submitted in a format prescribed by the director which 55 13 reasonably assures the authenticity of the bid and the 55 14 bidder's identity. 55 15 d. Submitted to the department as specified by the date 55 16 and time established in the advertisements for bids. 55 17 5. When a bidder submits a bid to the department, the 55 18 director may require the bidder to file a bid bond or a 55 19 certified or cashier's check payable to the treasurer of state 55 20 in an amount to be fixed in the bid specifications, either 55 21 covering all classes or items or services, or separate 55 22 certified or cashier's checks for each bid in case the bidder 55 23 makes more than one bid. In lieu of a certified or cashier's 55 24 check, the bidder may furnish a yearly bond in an amount to be 55 25 established by the director. Certified or cashier's checks 55 26 deposited by unsuccessful bidders, and by successful bidders 55 27 when they have entered into the contract, shall be returned to 55 28 them. 55 29 6. All bids shall be publicly opened or accessed and read 55 30 and the contracts awarded in the manner designated in the bid 55 31 specifications. In the award of a contract, due consideration 55 32 shall be given to the price bid, mechanical and other 55 33 equipment proposed to be used by the bidder, the financial 55 34 responsibility of the bidder, the bidder's ability and 55 35 experience in the performance of similar contracts, and any 56 1 other factors that the department determines are relevant and 56 2 that are included in the bid specifications. 56 3 7. The director shall have the right to reject any or all 56 4 bids, and in case of rejection or because of failure of a 56 5 bidder to enter into a contract, the director may advertise 56 6 for and secure new bids. 56 7 8. When the director is satisfied that bidders have 56 8 presented bids pursuant to an agreement, understanding, or 56 9 combination to prevent free competition, the director shall 56 10 reject all of them and readvertise for bids as in the first 56 11 instance. 56 12 Sec. 49. NEW SECTION. 8A.345 PRINTING REVOLVING FUND. 56 13 A revolving fund is created in the state treasury under the 56 14 control of the department and may be used in making payments 56 15 for supplying paper stock, offset printing, copy preparation, 56 16 binding, distribution costs, and original payment of printing 56 17 and binding claims for any of the state departments, bureaus, 56 18 commissions, or institutions. All salaries and expenses 56 19 properly chargeable to the fund shall be paid from the fund. 56 20 The director may also use the fund for the purchase of 56 21 replacement or additional equipment, if a sufficient balance 56 22 will remain in the fund to enable the continued operation of 56 23 the printing operations of the department. 56 24 DOCUMENT MANAGEMENT 56 25 Sec. 50. NEW SECTION. 8A.351 DISTRIBUTION OF DOCUMENTS 56 26 – GENERAL PROVISIONS. 56 27 If money is appropriated for this purpose, the director 56 28 shall do all of the following: 56 29 1. The director shall require from officials or heads of 56 30 departments mailing lists, or addressed labels or envelopes, 56 31 for use in distribution of reports and documents. The 56 32 director shall revise such lists, eliminating duplications and 56 33 adding to the lists libraries, institutions, public officials, 56 34 and persons having actual use for the material. The director 56 35 shall arrange the lists so as to reduce to the minimum the 57 1 postage or other cost for delivery. Requests for publications 57 2 shall be handled only upon receipt of postage by the director 57 3 from the requesting agency or department. 57 4 2. The director shall furnish the various officials and 57 5 departments with copies of their reports needed for office use 57 6 or to be distributed to persons requesting the reports. 57 7 Requests for publications shall be handled only upon receipt 57 8 of postage by the director. 57 9 3. The director may send additional copies of publications 57 10 to other state officials, individuals, institutions, 57 11 libraries, or societies that may request them. Requests for 57 12 publications shall be handled only upon receipt of postage by 57 13 the director. 57 14 FLEET MANAGEMENT 57 15 Sec. 51. NEW SECTION. 8A.361 VEHICLE ASSIGNMENT – 57 16 AUTHORITY IN DEPARTMENT. 57 17 The department shall provide for the assignment of all 57 18 state-owned motor vehicles to all state officers and 57 19 employees, and to all state offices, departments, bureaus, and 57 20 commissions, except the department of transportation, 57 21 institutions under the control of the state board of regents, 57 22 the department for the blind, and any other agencies exempted 57 23 by law. 57 24 Sec. 52. NEW SECTION. 8A.362 FLEET MANAGEMENT – POWERS 57 25 AND DUTIES – FUEL ECONOMY REQUIREMENTS. 57 26 1. The director may provide for the assignment to a state 57 27 officer or employee or to a state agency, of one or more motor 57 28 vehicles which may be required by the state officer or 57 29 employee or state agency, after the state officer or employee 57 30 or state agency has shown the necessity for such 57 31 transportation. The director may assign a motor vehicle 57 32 either for part-time or full-time use. The director may 57 33 revoke the assignment at any time. 57 34 2. The director may cause all state-owned motor vehicles 57 35 to be inspected periodically. Whenever the inspection reveals 58 1 that repairs have been improperly made on the motor vehicle or 58 2 that the operator is not giving the motor vehicle the proper 58 3 care, the director shall report this fact to the head of the 58 4 state agency to which the motor vehicle has been assigned, 58 5 together with recommendation for improvement. 58 6 3. The director shall provide for a record system for the 58 7 keeping of records of the total number of miles state-owned 58 8 motor vehicles are driven and the per-mile cost of operation 58 9 of each motor vehicle. Every state officer or employee shall 58 10 keep a record book to be furnished by the director in which 58 11 the officer or employee shall enter all purchases of gasoline, 58 12 lubricating oil, grease, and other incidental expense in the 58 13 operation of the motor vehicle assigned to the officer or 58 14 employee, giving the quantity and price of each purchase, 58 15 including the cost and nature of all repairs on the motor 58 16 vehicle. Each operator of a state-owned motor vehicle shall 58 17 promptly prepare a report at the end of each month on forms 58 18 furnished by the director and forwarded to the director, 58 19 giving the information the director may request in the report. 58 20 Each month the director shall compile the costs and mileage of 58 21 state-owned motor vehicles from the reports and keep a cost 58 22 history for each motor vehicle and the costs shall be reduced 58 23 to a cost-per-mile basis for each motor vehicle. The director 58 24 shall call to the attention of an elected official or the head 58 25 of any state agency to which a motor vehicle has been assigned 58 26 any evidence of the mishandling or misuse of a state-owned 58 27 motor vehicle which is called to the director's attention. 58 28 A motor vehicle operated under this subsection shall not 58 29 operate on gasoline other than gasoline blended with at least 58 30 ten percent ethanol, unless under emergency circumstances. A 58 31 state-issued credit card used to purchase gasoline shall not 58 32 be valid to purchase gasoline other than gasoline blended with 58 33 at least ten percent ethanol, if commercially available. The 58 34 motor vehicle shall also be affixed with a brightly visible 58 35 sticker which notifies the traveling public that the motor 59 1 vehicle is being operated on gasoline blended with ethanol. 59 2 However, the sticker is not required to be affixed to an 59 3 unmarked vehicle used for purposes of providing law 59 4 enforcement or security. 59 5 4. a. The director shall provide for the purchase of all 59 6 motor vehicles for all branches of the state government, 59 7 except the department of transportation, institutions under 59 8 the control of the state board of regents, the department for 59 9 the blind, and any other state agency exempted by law. The 59 10 director shall purchase new vehicles in accordance with 59 11 competitive bidding procedures for items or services as 59 12 provided in this article. The director may purchase used or 59 13 preowned vehicles at governmental or dealer auctions if the 59 14 purchase is determined to be in the best interests of the 59 15 state. 59 16 b. The director, and any other state agency, which for 59 17 purposes of this subsection includes but is not limited to 59 18 community colleges and institutions under the control of the 59 19 state board of regents, or local governmental subdivisions 59 20 purchasing new motor vehicles, shall purchase new passenger 59 21 vehicles and light trucks so that the average fuel efficiency 59 22 for the fleet of new passenger vehicles and light trucks 59 23 purchased in that year equals or exceeds the average fuel 59 24 economy standard for the vehicles' model year as established 59 25 by the United States secretary of transportation under 15 59 26 U.S.C. } 2002. This paragraph does not apply to vehicles 59 27 purchased for law enforcement purposes or used for off-road 59 28 maintenance work, or work vehicles used to pull loaded 59 29 trailers. 59 30 c. Not later than February 15 of each year, the director 59 31 shall report compliance with the corporate average fuel 59 32 economy standards published by the United States secretary of 59 33 transportation for new motor vehicles, other than motor 59 34 vehicles purchased by the department of transportation, 59 35 institutions under the control of the state board of regents, 60 1 the department for the blind, and any other state agency 60 2 exempted from the requirements of this subsection. The report 60 3 of compliance shall classify the vehicles purchased for the 60 4 current vehicle model year using the following categories: 60 5 passenger automobiles, enforcement automobiles, vans, and 60 6 light trucks. The director shall deliver a copy of the report 60 7 to the department of natural resources. As used in this 60 8 paragraph, "corporate average fuel economy" means the 60 9 corporate average fuel economy as defined in 49 C.F.R. } 60 10 533.5. 60 11 d. The director shall assign motor vehicles available for 60 12 use to maximize the average passenger miles per gallon of 60 13 motor vehicle fuel consumed. In assigning motor vehicles, the 60 14 director shall consider standards established by the director, 60 15 which may include but are not limited to the number of 60 16 passengers traveling to a destination, the fuel economy of and 60 17 passenger capacity of vehicles available for assignment, and 60 18 any other relevant information, to assure assignment of the 60 19 most energy-efficient vehicle or combination of vehicles for a 60 20 trip from those vehicles available for assignment. The 60 21 standards shall not apply to special work vehicles and law 60 22 enforcement vehicles. The standards shall apply to the 60 23 following agencies: 60 24 (1) Department of transportation. 60 25 (2) Institutions under the control of the state board of 60 26 regents. 60 27 (3) Department for the blind. 60 28 (4) Any other state agency exempted from obtaining 60 29 vehicles for use through the department. 60 30 e. As used in paragraph "d", "fuel economy" means the 60 31 average number of miles traveled by an automobile per gallon 60 32 of gasoline consumed as determined by the United States 60 33 environmental protection agency administrator in accordance 60 34 with 26 U.S.C. } 4064(c). 60 35 5. Of all new passenger vehicles and light pickup trucks 61 1 purchased by the director, a minimum of ten percent of all 61 2 such vehicles and trucks purchased shall be equipped with 61 3 engines which utilize alternative methods of propulsion 61 4 including but not limited to any of the following: 61 5 a. A flexible fuel, which is any of the following: 61 6 (1) A fuel blended with not more than fifteen percent 61 7 gasoline and at least eighty-five percent ethanol. 61 8 (2) A fuel which is a mixture of diesel fuel and processed 61 9 soybean oil. At least twenty percent of the mixed fuel by 61 10 volume must be processed soybean oil. 61 11 (3) A renewable fuel approved by the office of renewable 61 12 fuels and coproducts pursuant to section 159A.3. 61 13 b. Compressed or liquefied natural gas. 61 14 c. Propane gas. 61 15 d. Solar energy. 61 16 e. Electricity. 61 17 This subsection does not apply to vehicles and trucks 61 18 purchased and directly used for law enforcement or purchased 61 19 and used for off-road maintenance work or to pull loaded 61 20 trailers. 61 21 6. All used motor vehicles turned in to the director shall 61 22 be disposed of by public auction, and the sales shall be 61 23 advertised in a newspaper of general circulation one week in 61 24 advance of sale, and the receipts from the sale shall be 61 25 deposited in the depreciation fund to the credit of the state 61 26 agency turning in the vehicle; except that, in the case of a 61 27 used motor vehicle of special design, the director may, 61 28 instead of selling it at public auction, authorize the motor 61 29 vehicle to be traded for another vehicle of similar design. 61 30 If a vehicle sustains damage and the cost to repair exceeds 61 31 the wholesale value of the vehicle, the director may dispose 61 32 of the motor vehicle by obtaining two or more written salvage 61 33 bids and the vehicle shall be sold to the highest responsible 61 34 bidder. 61 35 7. The director may authorize the establishment of motor 62 1 pools consisting of a number of state-owned motor vehicles 62 2 under the director's supervision. The director may store the 62 3 motor vehicles in a public or private garage. If the director 62 4 establishes a motor pool, any state officer or employee 62 5 desiring the use of a state-owned motor vehicle on state 62 6 business shall notify the director of the need for a vehicle 62 7 within a reasonable time prior to actual use of the motor 62 8 vehicle. The director may assign a motor vehicle from the 62 9 motor pool to the state officer or employee. If two or more 62 10 state officers or employees desire the use of a state-owned 62 11 motor vehicle for a trip to the same destination for the same 62 12 length of time, the director may assign one vehicle to make 62 13 the trip. 62 14 8. The director shall require that a sign be placed on 62 15 each state-owned motor vehicle in a conspicuous place which 62 16 indicates its ownership by the state. This requirement shall 62 17 not apply to motor vehicles requested to be exempt by the 62 18 director or by the commissioner of public safety. All state- 62 19 owned motor vehicles shall display registration plates bearing 62 20 the word "official" except motor vehicles requested to be 62 21 furnished with ordinary plates by the director or by the 62 22 commissioner of public safety pursuant to section 321.19. The 62 23 director shall keep an accurate record of the registration 62 24 plates used on all state-owned motor vehicles. 62 25 9. All fuel used in state-owned automobiles shall be 62 26 purchased at cost from the various installations or garages of 62 27 the department of transportation, state board of regents, 62 28 department of human services, or state motor pools throughout 62 29 the state, unless the state-owned sources for the purchase of 62 30 fuel are not reasonably accessible. If the director 62 31 determines that state-owned sources for the purchase of fuel 62 32 are not reasonably accessible, the director shall authorize 62 33 the purchase of fuel from other sources. The director may 62 34 prescribe a manner, other than the use of the revolving fund, 62 35 in which the purchase of fuel from state-owned sources is 63 1 charged to the state agency responsible for the use of the 63 2 motor vehicle. The director shall prescribe the manner in 63 3 which oil and other normal motor vehicle maintenance for 63 4 state-owned motor vehicles may be purchased from private 63 5 sources, if they cannot be reasonably obtained from a state 63 6 motor pool. The director may advertise for bids and award 63 7 contracts in accordance with competitive bidding procedures 63 8 for items and services as provided in this article for 63 9 furnishing fuel, oil, grease, and vehicle replacement parts 63 10 for all state-owned motor vehicles. The director and other 63 11 state agencies, when advertising for bids for gasoline, shall 63 12 also seek bids for ethanol blended gasoline. 63 13 Sec. 53. NEW SECTION. 8A.363 PRIVATE USE PROHIBITED – 63 14 RATE FOR STATE BUSINESS. 63 15 1. A state officer or employee shall not use a state-owned 63 16 motor vehicle for personal private use. A state officer or 63 17 employee shall not be compensated for driving a privately 63 18 owned motor vehicle unless it is done on state business with 63 19 the approval of the director. In that case the state officer 63 20 or employee shall receive an amount to be determined by the 63 21 director. The amount shall not exceed the maximum allowable 63 22 under the federal internal revenue service rules per mile, 63 23 notwithstanding established mileage requirements or 63 24 depreciation allowances. However, the director may authorize 63 25 private motor vehicle rates in excess of the rate allowed 63 26 under the federal internal revenue service rules for state 63 27 business use of substantially modified or specially equipped 63 28 privately owned vehicles required by persons with 63 29 disabilities. A statutory provision establishing 63 30 reimbursement for necessary mileage, travel, or actual 63 31 expenses to a state officer falls under the private motor 63 32 vehicle mileage rate limitation provided in this section 63 33 unless specifically provided otherwise. Any peace officer 63 34 employed by the state as defined in section 801.4 who is 63 35 required to use a private motor vehicle in the performance of 64 1 official duties shall receive the private vehicle mileage rate 64 2 at the rate provided in this section. However, the director 64 3 may delegate authority to officials of the state, and 64 4 department heads, for the use of private vehicles on state 64 5 business up to a yearly mileage figure established by the 64 6 director. If a state motor vehicle has been assigned to a 64 7 state officer or employee, the officer or employee shall not 64 8 collect mileage for the use of a privately owned motor vehicle 64 9 unless the state motor vehicle assigned is not useable. 64 10 2. This section does not apply to any of the following: 64 11 a. Officials and employees of the state whose mileage is 64 12 paid other than by a state agency. 64 13 b. Elected officers of the state. 64 14 c. Judicial officers or court employees. 64 15 d. Members and employees of the general assembly who shall 64 16 be governed by policies relating to motor vehicle travel, 64 17 including but not limited to reimbursement for expenses, if 64 18 such policies are otherwise established by the general 64 19 assembly. 64 20 Sec. 54. NEW SECTION. 8A.364 FLEET MANAGEMENT REVOLVING 64 21 FUND – REPLENISHMENT. 64 22 1. A fleet management revolving fund is created in the 64 23 state treasury under the control of the department. There is 64 24 appropriated from moneys in the state treasury not otherwise 64 25 appropriated the sum of twenty-five thousand dollars to the 64 26 revolving fund. All purchases of gasoline, oil, tires, 64 27 repairs, and all other general expenses incurred in the 64 28 operation of state-owned motor vehicles, and all salaries and 64 29 expenses of employees providing fleet management services 64 30 shall be paid from this fund. 64 31 2. At the end of each month the director shall render a 64 32 statement to each state department or agency for the actual 64 33 cost of operation of all motor vehicles assigned to such 64 34 department or agency, together with a fair proportion of the 64 35 administrative costs for providing fleet management services 65 1 during such month, as determined by the director, all subject 65 2 to review by the executive council upon complaint of any state 65 3 department or agency adversely affected. Such expenses shall 65 4 be paid by the state departments or agencies in the same 65 5 manner as other expenses of such department are paid, and when 65 6 such expenses are paid, such sums shall be credited to the 65 7 fleet management revolving fund. If any surplus accrues to 65 8 the revolving fund in excess of twenty-five thousand dollars 65 9 for which there is no anticipated need or use, the governor 65 10 may order such surplus transferred to the general fund of the 65 11 state. 65 12 Sec. 55. NEW SECTION. 8A.365 VEHICLE REPLACEMENT – 65 13 DEPRECIATION FUND. 65 14 1. The director shall maintain a depreciation fund for the 65 15 purchase of replacement motor vehicles and additions to the 65 16 fleet. The director's records shall show the total funds 65 17 deposited by and credited to each department or agency. At 65 18 the end of each month, the director shall render a statement 65 19 to each state department or agency for additions to the fleet 65 20 and total depreciation credited to that department or agency. 65 21 Such depreciation expense shall be paid by the state 65 22 departments or agencies in the same manner as other expenses 65 23 are paid, and shall be deposited in the depreciation fund to 65 24 the credit of the department or agency. The funds credited to 65 25 each department or agency shall remain the property of the 65 26 department or agency. However, at the end of each biennium, 65 27 the director shall cause to revert to the fund from which it 65 28 accumulated any unassigned depreciation. 65 29 2. The department of corrections is not obligated to pay 65 30 the depreciation expense otherwise required by this section. 65 31 Sec. 56. NEW SECTION. 8A.366 VIOLATIONS – WITHDRAWING 65 32 USE OF VEHICLE. 65 33 If any state officer or employee violates any of the 65 34 provisions of sections 8A.361 through 8A.365, the director may 65 35 withdraw the assignment of any state-owned motor vehicle to 66 1 any such state officer or employee. 66 2 ARTICLE 4 66 3 HUMAN RESOURCES 66 4 STATE HUMAN RESOURCE MANAGEMENT – OPERATIONS 66 5 Sec. 57. NEW SECTION. 8A.401 DEFINITIONS. 66 6 As used in this article, unless the context otherwise 66 7 requires: 66 8 1. "Appointing authority" means the chairperson or person 66 9 in charge of any state agency including, but not limited to, 66 10 boards, bureaus, commissions, and departments, or an employee 66 11 designated to act for an appointing authority. 66 12 2. "Merit system" means the merit system established under 66 13 this article. 66 14 Sec. 58. NEW SECTION. 8A.402 STATE HUMAN RESOURCE 66 15 MANAGEMENT – RESPONSIBILITIES. 66 16 1. The department is the central agency responsible for 66 17 state human resource management, including the following: 66 18 a. Policy and program development, workforce planning, and 66 19 research. 66 20 b. Employment activities and transactions, including 66 21 recruitment, examination, and certification of personnel 66 22 seeking employment or promotion. 66 23 c. Compensation and benefits, including position 66 24 classification, wages and salaries, and employee benefits. 66 25 Employee benefits include, but are not limited to, group 66 26 medical, dental, life, and long-term disability insurance, 66 27 workers' compensation, unemployment benefits, sick leave, 66 28 deferred compensation, holidays and vacations, tuition 66 29 reimbursement, and educational leaves. 66 30 d. Equal employment opportunity, affirmative action, and 66 31 workforce diversity programs. 66 32 e. Education, training, and workforce development 66 33 programs. 66 34 f. Personnel records and administration, including the 66 35 audit of all personnel-related documents. 67 1 g. Employment relations, including the negotiation and 67 2 administration of collective bargaining agreements on behalf 67 3 of the executive branch of the state and its departments and 67 4 agencies as provided in chapter 20. However, the state board 67 5 of regents, for the purposes of implementing and administering 67 6 collective bargaining pursuant to chapter 20, shall act as the 67 7 exclusive representative of the state with respect to its 67 8 faculty, scientific, and other professional staff. 67 9 h. The coordination and management of the state's human 67 10 resource information system, except as otherwise required for 67 11 those employees governed by chapter 262. 67 12 2. The department, as it relates to the human resources of 67 13 state government, shall do the following: 67 14 a. Establish and maintain a list of all employees in the 67 15 executive branch of state government and set forth, as to each 67 16 employee, the class title, pay, status, and other pertinent 67 17 data. For employees governed by chapter 262, the director 67 18 shall work collaboratively with the state board of regents to 67 19 collect such information. 67 20 b. Foster and develop, in cooperation with appointing 67 21 authorities and others, programs for the improvement of 67 22 employee effectiveness, including training, safety, health, 67 23 counseling, and welfare. 67 24 c. Encourage and exercise leadership in the development of 67 25 effective personnel administration within the several state 67 26 agencies, and to make available the facilities of the 67 27 department to this end. 67 28 d. The director may delegate any or all aspects of the 67 29 recruitment, examination, and selection processes to an agency 67 30 in the executive branch upon request by that agency. The 67 31 director shall oversee all activities delegated to that 67 32 agency. 67 33 e. Utilize appropriate persons, including officers and 67 34 employees in the executive branch, to assist in the 67 35 recruitment and examination of applicants for employment. 68 1 These officers and employees are not entitled to extra pay for 68 2 their services, but shall be paid their necessary traveling 68 3 and other expenses. 68 4 3. The human resource management powers and duties of the 68 5 department do not extend to the legislative branch or the 68 6 judicial branch of state government, except for functions 68 7 related to administering compensation and benefit programs. 68 8 MERIT SYSTEM 68 9 Sec. 59. NEW SECTION. 8A.411 MERIT SYSTEM ESTABLISHED – 68 10 COLLECTIVE BARGAINING – APPLICABILITY. 68 11 1. The general purpose of this article is to establish for 68 12 the state of Iowa a system of human resource administration 68 13 based on merit principles and scientific methods to govern the 68 14 appointment, compensation, promotion, welfare, development, 68 15 transfer, layoff, removal, and discipline of its civil 68 16 employees, and other incidents of state employment. 68 17 2. It is also the purpose of this article to promote the 68 18 coordination of personnel rules and policies with collective 68 19 bargaining agreements negotiated under chapter 20. 68 20 3. All appointments and promotions to positions covered by 68 21 the state merit system shall be made solely on the basis of 68 22 merit and fitness, to be ascertained by examinations or other 68 23 appropriate screening methods, except as otherwise specified 68 24 in this article. 68 25 4. Provisions of this article pertaining to 68 26 qualifications, examination, certification, probation, and 68 27 just cause apply only to employees covered by the merit 68 28 system. 68 29 Sec. 60. NEW SECTION. 8A.412 MERIT SYSTEM – 68 30 APPLICABILITY – EXCEPTIONS. 68 31 The merit system shall apply to all employees of the state 68 32 and to all positions in state government now existing or 68 33 hereafter established. In addition, the director shall 68 34 negotiate an agreement with the director of the department for 68 35 the blind concerning the applicability of the merit system to 69 1 the professional employees of the department for the blind. 69 2 However, the merit system shall not apply to the following: 69 3 1. The general assembly, employees of the general 69 4 assembly, other officers elected by popular vote, and persons 69 5 appointed to fill vacancies in elective offices. 69 6 2. All judicial officers and court employees. 69 7 3. The staff of the governor. 69 8 4. All board members and commissioners whose appointments 69 9 are provided for by the Code. 69 10 5. All presidents, deans, directors, teachers, 69 11 professional and scientific personnel, and student employees 69 12 under the jurisdiction of the state board of regents. The 69 13 state board of regents shall adopt rules not inconsistent with 69 14 the objectives of this chapter for all of its employees not 69 15 cited specifically in this subsection. The rules are subject 69 16 to approval by the director. If at any time the director 69 17 determines that the state board of regents merit system rules 69 18 do not comply with the intent of this chapter, the director 69 19 may direct the board to correct the rules. The rules of the 69 20 board are not in compliance until the corrections are made. 69 21 6. All appointments which are by law made by the governor. 69 22 7. All personnel of the armed services under state 69 23 jurisdiction. 69 24 8. Persons who are paid a fee on a contract-for-services 69 25 basis. 69 26 9. Seasonal employees appointed during a state agency's 69 27 designated six-month seasonal employment period during the 69 28 same annual twelve-month period, as approved by the director. 69 29 10. Residents, patients, or inmates working in state 69 30 institutions, or persons on parole working in work experience 69 31 programs. 69 32 11. Professional employees under the supervision of the 69 33 attorney general, the state public defender, the auditor of 69 34 state, the treasurer of state, and the public employment 69 35 relations board. However, employees of the consumer advocate 70 1 division of the department of justice, other than the consumer 70 2 advocate, are subject to the merit system. 70 3 12. Production and engineering personnel under the 70 4 jurisdiction of the Iowa public broadcasting board. 70 5 13. Members of the Iowa state patrol and other peace 70 6 officers employed by the department of public safety. The 70 7 commissioner of public safety shall adopt rules not 70 8 inconsistent with the objectives of this article for the 70 9 persons described in this subsection. 70 10 14. Professional employees of the arts division of the 70 11 department of cultural affairs. 70 12 15. The chief deputy administrative officer and each 70 13 division administrator of each state agency not otherwise 70 14 specifically provided for in this section, and physicians not 70 15 otherwise specifically provided for in this section. As used 70 16 in this subsection, "division administrator" means a principal 70 17 administrative or policymaking position designated by a chief 70 18 administrative officer and approved by the director or as 70 19 specified by law. 70 20 16. All confidential employees. 70 21 17. Other employees specifically exempted by law. 70 22 18. The administrator and the deputy administrator of the 70 23 credit union division of the department of commerce, all 70 24 members of the credit union review board, and all employees of 70 25 the credit union division. 70 26 19. The superintendent and the deputy superintendent of 70 27 the banking division of the department of commerce, all 70 28 members of the state banking board, and all employees of the 70 29 banking division. 70 30 20. Chief deputy industrial commissioners. 70 31 21. The appointee serving as the coordinator of the office 70 32 of renewable fuels and coproducts, as provided in section 70 33 159A.3. 70 34 22. All employees of the Iowa state fair authority. 70 35 23. Up to six nonprofessional employees designated at the 71 1 discretion of each statewide elected official. 71 2 24. The position classifications of employees of statewide 71 3 elected officials that were exempt from the merit system as of 71 4 June 30, 1994, shall remain exempt and any employees 71 5 subsequently hired to fill any exempt position vacancies shall 71 6 be classified as exempt employees. 71 7 Sec. 61. NEW SECTION. 8A.413 STATE HUMAN RESOURCE 71 8 MANAGEMENT – RULES. 71 9 The department shall adopt rules for the administration of 71 10 this article pursuant to chapter 17A. Rulemaking shall be 71 11 carried out with due regard to the terms of collective 71 12 bargaining agreements. A rule shall not supersede a provision 71 13 of a collective bargaining agreement negotiated under chapter 71 14 20. The rules shall provide: 71 15 1. For the preparation, maintenance, and revision of a job 71 16 classification plan that encompasses each job in the executive 71 17 branch, excluding job classifications under the state board of 71 18 regents, based upon assigned duties and responsibilities, so 71 19 that the same general qualifications may reasonably be 71 20 required for and the same pay plan may be equitably applied to 71 21 all jobs in the same job classification. The director shall 71 22 classify the position of every employee in the executive 71 23 branch, excluding employees of the state board of regents, 71 24 into one of the classes in the plan. An appointing authority 71 25 or employee adversely affected by a classification or 71 26 reclassification decision may file an appeal with the 71 27 director. Appeals of a classification or reclassification 71 28 decision shall be exempt from the provisions of section 17A.11 71 29 and shall be heard by a committee appointed by the director. 71 30 The classification or reclassification of a position that 71 31 would cause the expenditure of additional salary funds shall 71 32 not become effective if the expenditure of funds would be in 71 33 excess of the total amount budgeted for the department of the 71 34 appointing authority until budgetary approval has been 71 35 obtained from the director of the department of management. 72 1 When the public interest requires a decrease or increase of 72 2 employees in any position or type of employment not otherwise 72 3 provided by law, or the creation or abolishment of any 72 4 position or type of employment, the director, acting in good 72 5 faith, shall so notify the governor. Thereafter, the position 72 6 or type of employment shall stand abolished or created and the 72 7 number of employees therein reduced or increased. 72 8 2. For pay plans covering all employees in the executive 72 9 branch, excluding employees of the state board of regents, 72 10 after consultation with the governor and appointing 72 11 authorities, and consistent with the terms of collective 72 12 bargaining agreements negotiated under chapter 20. 72 13 3. For examinations to determine the relative fitness of 72 14 applicants for employment. Such examinations shall be 72 15 practical in character and shall relate to such matters as 72 16 will fairly assess the ability of the applicant to discharge 72 17 the duties of the position to which appointment is sought. 72 18 Where the Code of Iowa establishes certification, 72 19 registration, or licensing provisions, such documents shall be 72 20 considered prima facie evidence of basic skills accomplishment 72 21 and such persons shall be exempt from further basic skills 72 22 examination. 72 23 Vacancies shall be announced publicly at least ten days in 72 24 advance of the date fixed for the filing of applications for 72 25 the vacancies, and shall be advertised through the 72 26 communications media. The director may, however, in the 72 27 director's discretion, continue to receive applications and 72 28 examine candidates for a period adequate to assure a 72 29 sufficient number of eligibles to meet the needs of the 72 30 system, and may add the names of successful candidates to 72 31 existing eligible lists. 72 32 4. For promotions which shall give appropriate 72 33 consideration to the applicant's qualifications, record of 72 34 performance, and conduct. A promotion means a change in the 72 35 status of an employee from a position in one class to a 73 1 position in another class having a higher pay grade. 73 2 5. For the establishment of lists for appointment and 73 3 promotion, upon which lists shall be placed the names of 73 4 successful candidates. 73 5 6. For the rejection of applicants who fail to meet 73 6 reasonable requirements. 73 7 7. For the appointment by the appointing authority of a 73 8 person on the appropriate list to fill a vacancy. 73 9 8. For a probation period of six months, excluding 73 10 educational or training leave, before appointment may be made 73 11 complete, and during which period a probationer may be 73 12 discharged or reduced in class or pay. If the employee's 73 13 services are unsatisfactory, the employee shall be dropped 73 14 from the payroll on or before the expiration of the probation 73 15 period. If satisfactory, the appointment shall be deemed 73 16 permanent. The determination of the appointing authority 73 17 shall be final and conclusive. 73 18 9. For temporary employment for not more than seven 73 19 hundred eighty hours in a fiscal year. 73 20 10. For provisional employment when there is no 73 21 appropriate list available. Such provisional employment shall 73 22 not continue longer than one hundred eighty calendar days. 73 23 11. For transfer from a position in one state agency to a 73 24 similar position in the same state agency or another state 73 25 agency involving similar qualifications, duties, 73 26 responsibilities, and salary ranges. Whenever an employee 73 27 transfers or is transferred from one state agency to another 73 28 state agency, the employee's seniority rights, any accumulated 73 29 sick leave, and accumulated vacation time, as provided in the 73 30 law, shall be transferred to the new place of employment and 73 31 credited to the employee. Employees who are subject to 73 32 contracts negotiated under chapter 20 which include transfer 73 33 provisions shall be governed by the contract provisions. 73 34 12. For reinstatement of persons who have attained 73 35 permanent status and who resign in good standing or who are 74 1 laid off from their positions without fault or delinquency on 74 2 their part. 74 3 13. For establishing in cooperation with the appointing 74 4 authorities a performance management system for all employees 74 5 in the executive branch, excluding employees of the state 74 6 board of regents, which shall be considered in determining 74 7 salary increases; as a factor in promotions; as a factor in 74 8 determining the order of layoffs and in reinstatement; as a 74 9 factor in demotions, discharges, and transfers; and for the 74 10 regular evaluation, at least annually, of the qualifications 74 11 and performance of those employees. 74 12 14. For layoffs by reason of lack of funds or work, or 74 13 reorganization, and for the recall of employees so laid off, 74 14 giving consideration in layoffs to the employee's performance 74 15 record and length of service. An employee who has been laid 74 16 off may be on a recall list for one year, which list shall be 74 17 exhausted by the organizational unit enforcing the layoff 74 18 before selection of an employee may be made from the 74 19 promotional or nonpromotional list in the employee's 74 20 classification. Employees who are subject to contracts 74 21 negotiated under chapter 20 which include layoff and recall 74 22 provisions shall be governed by the contract provisions. 74 23 15. For imposition, as a disciplinary measure, of a 74 24 suspension from service without pay. 74 25 16. For discharge, suspension, or reduction in job 74 26 classification or pay grade for any of the following causes: 74 27 failure to perform assigned duties; inadequacy in performing 74 28 assigned duties; negligence; inefficiency; incompetence; 74 29 insubordination; unrehabilitated alcoholism or narcotics 74 30 addiction; dishonesty; unlawful discrimination; failure to 74 31 maintain a license, certificate, or qualification necessary 74 32 for a job classification or position; any act or conduct which 74 33 adversely affects the employee's performance or the employing 74 34 agency; or any other good cause for discharge, suspension, or 74 35 reduction. The person discharged, suspended, or reduced shall 75 1 be given a written statement of the reasons for the discharge, 75 2 suspension, or reduction within twenty-four hours after the 75 3 discharge, suspension, or reduction. All persons concerned 75 4 with the administration of this article shall use their best 75 5 efforts to ensure that this article and the rules adopted 75 6 pursuant to this article shall not be a means of protecting or 75 7 retaining unqualified or unsatisfactory employees, and shall 75 8 discharge, suspend, or reduce in job classification or pay 75 9 grade all employees who should be discharged, suspended, or 75 10 reduced for any of the causes stated in this subsection. 75 11 17. For establishment of a uniform plan for resolving 75 12 employee grievances and complaints. Employees who are subject 75 13 to contracts negotiated under chapter 20 which include 75 14 grievance and complaint provisions shall be governed by the 75 15 contract provisions. 75 16 18. For attendance regulations, and special leaves of 75 17 absence, with or without pay, or reduced pay, in the various 75 18 classes of positions in the executive branch, excluding 75 19 positions under the state board of regents. Employees who are 75 20 subject to contracts negotiated under chapter 20 which include 75 21 leave of absence provisions shall be governed by the contract 75 22 provisions. Annual sick leave and vacation time shall be 75 23 granted in accordance with section 70A.1. 75 24 19. For the development and operation of programs to 75 25 improve the work effectiveness and morale of employees in the 75 26 executive branch, excluding employees of the state board of 75 27 regents, including training, safety, health, welfare, 75 28 counseling, recreation, and employee relations. 75 29 20. Notwithstanding any provisions to the contrary, a rule 75 30 or regulation shall not be adopted by the department which 75 31 would deprive the state of Iowa, or any of its agencies or 75 32 institutions, of federal grants or other forms of financial 75 33 assistance. 75 34 21. For veterans preference through a provision that 75 35 veterans, as defined in section 35.1, shall have five points 76 1 added to the grade or score attained in qualifying 76 2 examinations for appointment to jobs. 76 3 Veterans who have a service-connected disability or are 76 4 receiving compensation, disability benefits, or pension under 76 5 laws administered by the veterans administration shall have 76 6 ten points added to the grades attained in qualifying 76 7 examinations. A veteran who has been awarded the purple heart 76 8 for disabilities incurred in action shall be considered to 76 9 have a service-connected disability. 76 10 22. For acceptance of the qualifications, requirements, 76 11 regulations, and general provisions established under other 76 12 sections of the Code pertaining to professional registration, 76 13 certification, and licensing. 76 14 Sec. 62. NEW SECTION. 8A.414 EXPERIMENTAL RESEARCH 76 15 PROJECTS. 76 16 The director may conduct experimental or research 76 17 personnel-related projects of limited duration designed to 76 18 improve the quality of the employment system. The provisions 76 19 of section 8A.413 or administrative rules adopted pursuant to 76 20 that section are waived for the purposes of such projects. 76 21 Projects adopted under this authority shall not violate 76 22 existing collective bargaining agreements. Any projects that 76 23 relate to issues covered by such agreements or issues that are 76 24 mandatory subjects of collective bargaining are subject to 76 25 negotiations as applicable. The director shall notify the 76 26 chairpersons of the standing committees on appropriations of 76 27 the senate and the house of representatives and the 76 28 chairpersons of the appropriate subcommittees of those 76 29 committees of the proposed projects. The notice from the 76 30 director shall include the purpose of the project, a 76 31 description of the project, and how the project will be 76 32 evaluated. Chairpersons notified shall be given at least two 76 33 weeks to review and comment on the proposal before the project 76 34 is implemented. The director shall report the results of the 76 35 experimental research projects conducted in the preceding 77 1 fiscal year to the legislative council by September 30 of each 77 2 year. 77 3 Sec. 63. NEW SECTION. 8A.415 GRIEVANCES AND DISCIPLINE 77 4 RESOLUTION. 77 5 1. GRIEVANCES. An employee, except an employee covered by 77 6 a collective bargaining agreement which provides otherwise, 77 7 who has exhausted the available agency steps in the uniform 77 8 grievance procedure provided for in the department rules may, 77 9 within seven calendar days following the date a decision was 77 10 received or should have been received at the second step of 77 11 the grievance procedure, file the grievance at the third step 77 12 with the director. The director shall respond within thirty 77 13 calendar days following receipt of the third step grievance. 77 14 If not satisfied, the employee may, within thirty calendar 77 15 days following the director's response, file an appeal with 77 16 the public employment relations board. The hearing shall be 77 17 conducted in accordance with the rules of the public 77 18 employment relations board and the Iowa administrative 77 19 procedure Act, chapter 17A. Decisions rendered shall be based 77 20 upon a standard of substantial compliance with this article 77 21 and the rules of the department. Decisions by the public 77 22 employment relations board constitute final agency action. 77 23 For purposes of this subsection, "uniform grievance 77 24 procedure" does not include procedures for discipline and 77 25 discharge. 77 26 2. DISCIPLINE RESOLUTION. A merit system employee, except 77 27 an employee covered by a collective bargaining agreement, who 77 28 is discharged, suspended, demoted, or otherwise reduced in 77 29 pay, except during the employee's probationary period, may 77 30 bypass steps one and two of the grievance procedure and appeal 77 31 the disciplinary action to the director within seven calendar 77 32 days following the effective date of the action. The director 77 33 shall respond within thirty calendar days following receipt of 77 34 the appeal. 77 35 If not satisfied, the employee may, within thirty calendar 78 1 days following the director's response, file an appeal with 78 2 the public employment relations board. The employee has the 78 3 right to a hearing closed to the public, unless a public 78 4 hearing is requested by the employee. The hearing shall 78 5 otherwise be conducted in accordance with the rules of the 78 6 public employment relations board and the Iowa administrative 78 7 procedure Act, chapter 17A. If the public employment 78 8 relations board finds that the action taken by the appointing 78 9 authority was for political, religious, racial, national 78 10 origin, sex, age, or other reasons not constituting just 78 11 cause, the employee may be reinstated without loss of pay or 78 12 benefits for the elapsed period, or the public employment 78 13 relations board may provide other appropriate remedies. 78 14 Decisions by the public employment relations board constitute 78 15 final agency action. 78 16 Sec. 64. NEW SECTION. 8A.416 DISCRIMINATION, POLITICAL 78 17 ACTIVITY, USE OF OFFICIAL INFLUENCE PROHIBITED. 78 18 1. A person shall not be appointed or promoted to, or 78 19 demoted or discharged from, any position in the merit system, 78 20 or in any way favored or discriminated against with respect to 78 21 employment in the merit system because of the person's 78 22 political or religious opinions or affiliations or race or 78 23 national origin or sex, or age. 78 24 2. A person holding a position in the classified service 78 25 shall not, during the person's working hours or when 78 26 performing the person's duties or when using state equipment 78 27 or at any time on state property, take part in any way in 78 28 soliciting any contribution for any political party or any 78 29 person seeking political office, and such employee shall not 78 30 engage in any political activity that will impair the 78 31 employee's efficiency during working hours or cause the 78 32 employee to be tardy or absent from work. This section does 78 33 not preclude any employee from holding any office for which no 78 34 pay is received or any office for which only token pay is 78 35 received. 79 1 3. A person shall not seek or attempt to use any political 79 2 endorsement in connection with any appointment to a position 79 3 in the merit system. 79 4 4. A person shall not use or promise to use, directly or 79 5 indirectly, any official authority or influence, whether 79 6 possessed or anticipated, to secure or attempt to secure for 79 7 any person an appointment or advantage in appointment to a 79 8 position in the merit system, or an increase in pay or other 79 9 advantage in employment in any such position, for the purpose 79 10 of influencing the vote or political action of any person or 79 11 for any consideration. 79 12 5. An employee shall not use the employee's official 79 13 authority or influence for the purpose of interfering with an 79 14 election or affecting the results thereof. 79 15 6. Any officer or employee who violates this section shall 79 16 be subject to suspension, dismissal, or demotion subject to 79 17 the right of appeal provided in this article. 79 18 7. The director shall adopt any rules necessary for 79 19 further restricting political activities of employees in the 79 20 executive branch, but only to the extent necessary to comply 79 21 with federal standards. Employees retain the right to vote as 79 22 they please and to express their opinions on all subjects. 79 23 Sec. 65. NEW SECTION. 8A.417 PROHIBITED ACTIONS. 79 24 1. A person shall not make any false statement, 79 25 certificate, mark, rating, or report with regard to any 79 26 examination or appointment made under this article or in any 79 27 manner commit or attempt to commit any fraud preventing the 79 28 impartial execution of this article and the rules adopted 79 29 pursuant to this article. 79 30 2. A person shall not, directly or indirectly, give, 79 31 render, pay, offer, solicit, or accept any money, service, or 79 32 other valuable consideration for or on account of any 79 33 appointment, proposed appointment, promotion, or proposed 79 34 promotion to, or any advantage in, a position in the merit 79 35 system. 80 1 3. An employee of the department or any other person shall 80 2 not defeat, deceive, or obstruct any person in the person's 80 3 right to examination or appointment under this article, or 80 4 furnish to any person any special or secret information for 80 5 the purpose of affecting the rights or prospects of any person 80 6 with respect to employment in the merit system. 80 7 4. A person shall not discharge an employee from or take 80 8 or fail to take action regarding an employee's appointment or 80 9 proposed appointment to, promotion or proposed promotion to, 80 10 or any advantage in, a position in a merit system administered 80 11 by, or subject to approval of, the director as a reprisal for 80 12 a failure by that employee to inform the person that the 80 13 employee made a disclosure of information permitted by this 80 14 section, or for a disclosure of any information by that 80 15 employee to a member or employee of the general assembly, or 80 16 for a disclosure of information to any other public official 80 17 or law enforcement agency if the employee reasonably believes 80 18 the information evidences a violation of law or rule, 80 19 mismanagement, a gross abuse of funds, an abuse of authority, 80 20 or a substantial and specific danger to public health or 80 21 safety. However, an employee may be required to inform the 80 22 person that the employee made a disclosure of information 80 23 permitted by this section if the employee represented that the 80 24 disclosure was the official position of the employee's 80 25 immediate supervisor or employer. This subsection does not 80 26 apply if the disclosure of the information is prohibited by 80 27 statute. 80 28 Sec. 66. NEW SECTION. 8A.418 FEDERAL PROGRAMS EXEMPTION 80 29 EXCEPTIONS – PENALTY. 80 30 1. Notwithstanding the provisions of this article to the 80 31 contrary, a person employed under a temporary, emergency 80 32 employment utilization program funded by the federal 80 33 government which program does not exceed one year and which 80 34 program is not subject to merit system standards by federal 80 35 law, shall be exempt from this article except as provided in 81 1 this section. 81 2 2. A person employed as provided in this section shall be 81 3 subject to the provisions of section 8A.416 relating to 81 4 political activity and the civil penalties contained in such 81 5 section and, consistent with subsection 1, the provisions of 81 6 section 8A.417 relating to prohibited actions. 81 7 3. A person violating this section shall be subject to the 81 8 penalty provided for in section 8A.458. 81 9 EMPLOYEE BENEFITS 81 10 Sec. 67. NEW SECTION. 8A.431 IOWA MANAGEMENT TRAINING 81 11 SYSTEM – TRAINING REVOLVING FUND. 81 12 1. The department shall establish and administer an Iowa 81 13 management training system for the state. 81 14 2. A training revolving fund is created in the state 81 15 treasury under the control of the department. The moneys 81 16 credited to the fund shall be used for the purpose of paying 81 17 actual and necessary expenses incurred by the department in 81 18 administering the training system. All fees, grants, or 81 19 specific appropriations for this purpose shall be credited to 81 20 the fund. The fees for the training system courses shall be 81 21 set by the director to cover the costs of course development, 81 22 training materials, facilities and equipment, professional 81 23 instructors, and administration. The fees shall be paid to 81 24 the department by the state agency sending the employees for 81 25 training and the payment shall be credited to the training 81 26 revolving fund. Notwithstanding section 8.33, moneys in the 81 27 revolving fund shall not revert. Notwithstanding section 81 28 12C.7, subsection 2, interest or earnings on moneys deposited 81 29 in the fund shall be credited to the fund. 81 30 Sec. 68. NEW SECTION. 8A.432 COMBINED CHARITABLE 81 31 CAMPAIGN PROGRAM, FEES, REVOLVING FUND. 81 32 1. The department shall establish and administer a 81 33 combined charitable campaign program for state employees. 81 34 2. A combined charitable campaign revolving fund is 81 35 created in the state treasury under the control of the 82 1 department. The moneys credited to the fund shall be used for 82 2 the purpose of paying actual and necessary expenses incurred 82 3 by the department in administering the program. 82 4 Administrative expenses shall not exceed five percent of the 82 5 contributions pledged the previous year. All fees, grants, or 82 6 specific appropriations for this purpose shall be credited to 82 7 the fund. The fees for the program shall be set by the 82 8 director to cover only the cost of administration and 82 9 materials and shall not cover salaries of state employees 82 10 involved in the administration of the program. The fees shall 82 11 be paid to the department from the voluntary employee 82 12 contributions and the payment shall be credited to the 82 13 revolving fund. Notwithstanding section 8.33, any moneys in 82 14 the fund shall not revert. Notwithstanding section 12C.7, 82 15 subsection 2, interest or earnings on moneys deposited in the 82 16 fund shall be credited to the fund. 82 17 Sec. 69. NEW SECTION. 8A.433 DEFERRED COMPENSATION PLAN. 82 18 The department shall make available to eligible state 82 19 employees the option of utilizing mutual funds as an 82 20 investment alternative to the state's deferred compensation 82 21 plan established under section 509A.12. Participating 82 22 employees shall, to the extent permitted by law, be allowed to 82 23 transfer moneys deferred under the plan to a mutual fund 82 24 offered pursuant to section 509A.12. The department may make 82 25 the deferred compensation plan established pursuant to this 82 26 section available to governmental employees of a public entity 82 27 authorized to establish a deferred compensation program 82 28 pursuant to section 509A.12. 82 29 Sec. 70. NEW SECTION. 8A.434 IOWA STATE EMPLOYEE 82 30 DEFERRED COMPENSATION TRUST FUND. 82 31 1. A separate, special Iowa state employee deferred 82 32 compensation trust fund is created in the state treasury under 82 33 the control of the department. The fund shall consist of all 82 34 moneys deposited in the fund pursuant to this section, any 82 35 other assets that must be held in trust for the exclusive 83 1 benefit of participants in the state's deferred compensation 83 2 program as required by section 457 of the federal Internal 83 3 Revenue Code, and interest and earnings thereon, and shall be 83 4 used for the exclusive benefit of participants in a deferred 83 5 compensation program established by the state under section 83 6 509A.12. 83 7 2. The director is the trustee of the fund and shall 83 8 administer the fund. Any loss to the fund shall be charged 83 9 against the fund and the director shall not be personally 83 10 liable for such loss. In addition, the director is the 83 11 trustee of any trusts referenced in section 457(g) of the 83 12 federal Internal Revenue Code. Any loss to the trusts shall 83 13 be charged against the trusts and the director shall not be 83 14 personally liable for such loss. 83 15 3. Any compensation or portion of compensation reduced by 83 16 a participant in conjunction with a deferred compensation 83 17 program established by the state under section 509A.12 and any 83 18 earnings or income thereon shall be held in trust and used for 83 19 the exclusive benefit of the participant or the participant's 83 20 beneficiary as provided by section 457 of the federal Internal 83 21 Revenue Code. 83 22 4. For purposes of this section, custodial accounts, 83 23 annuity contracts, and any other contracts referenced in 83 24 section 457(g) of the federal Internal Revenue Code shall be 83 25 treated as trusts for purposes of section 457 of the federal 83 26 Internal Revenue Code. 83 27 5. Moneys in the fund are not subject to section 8.33. 83 28 Notwithstanding section 12C.7, subsection 2, interest or 83 29 earnings on moneys in the fund shall be credited to the fund. 83 30 Sec. 71. NEW SECTION. 8A.435 STATE EMPLOYEE DEFERRED 83 31 COMPENSATION MATCH TRUST FUND. 83 32 1. A separate, special Iowa state employee deferred 83 33 compensation match trust fund is created in the state treasury 83 34 under the control of the department. The trust fund shall 83 35 consist of all moneys deposited in the fund, and other assets 84 1 that must be held in trust for the exclusive benefit of 84 2 participants in the state's deferred compensation match 84 3 program as required by section 401(a) of the federal Internal 84 4 Revenue Code, and interest and earnings thereon, and shall be 84 5 used for the exclusive benefit of participants and their 84 6 beneficiaries in a deferred compensation match program 84 7 established by the state under section 509A.12. 84 8 2. The director is the trustee of the fund and shall 84 9 administer the fund. Any loss to the fund shall be charged 84 10 against the trust and the director shall not be personally 84 11 liable for such loss. 84 12 3. Moneys in the fund are not subject to section 8.33. 84 13 Notwithstanding section 12C.7, subsection 2, interest or 84 14 earnings on moneys in the fund shall be credited to the fund. 84 15 Sec. 72. NEW SECTION. 8A.436 STATE EMPLOYEE DEPENDENT 84 16 CARE SPENDING ACCOUNT TRUST FUND. 84 17 1. A separate, special Iowa state employee dependent care 84 18 spending account trust fund is created in the state treasury 84 19 under the control of the department. The trust fund consists 84 20 of all moneys, including monthly administrative charges paid 84 21 by a state department or agency as authorized by section 84 22 8A.451, held in trust for the exclusive benefit of 84 23 participants in the state's dependent care spending account 84 24 plan. Moneys in the fund are not subject to section 8.33. 84 25 Notwithstanding section 12C.7, interest and earnings from 84 26 moneys in the trust fund shall be credited to the trust fund 84 27 and shall be used exclusively for the benefit of plan 84 28 participants. 84 29 2. The director shall serve as trustee of the trust fund 84 30 and shall administer the fund as required by sections 125 and 84 31 129 of the federal Internal Revenue Code. Any loss to the 84 32 fund shall be charged against the fund and the director shall 84 33 not be personally liable for such loss. The director has the 84 34 authority to direct expenditures as deemed appropriate to the 84 35 exclusive benefit of the plan participants. 85 1 Sec. 73. NEW SECTION. 8A.437 STATE EMPLOYEE HEALTH 85 2 FLEXIBLE SPENDING ACCOUNT TRUST FUND. 85 3 1. The director shall establish for state employees a 85 4 health flexible spending account plan which offers multiple 85 5 benefits to state employees. The state's health flexible 85 6 spending account plan shall be established to meet the 85 7 conditions of section 125 of the Internal Revenue Code of 85 8 1986. 85 9 2. A separate, special Iowa state employee health flexible 85 10 spending account trust fund is created in the state treasury 85 11 under the control of the department. The trust fund consists 85 12 of all moneys appropriated to the fund, all monthly 85 13 administrative charges paid by a state department or agency as 85 14 authorized by section 8A.451, and any other assets directed to 85 15 be held in trust for the exclusive benefit of participants in 85 16 the state's health flexible spending account plan. Moneys in 85 17 the fund are not subject to section 8.33. Notwithstanding 85 18 section 12C.7, interest and earnings from moneys in the trust 85 19 fund shall be credited to the trust fund and shall be used 85 20 exclusively for the benefit of plan participants. 85 21 3. The director shall serve as trustee of the trust fund 85 22 and has the authority to direct expenditures as deemed 85 23 appropriate to the exclusive benefit of the plan participants. 85 24 Sec. 74. NEW SECTION. 8A.438 ANNUITY CONTRACTS. 85 25 1. At the request of an employee of a state agency through 85 26 contractual agreement, the director may arrange for the 85 27 purchase of group or individual annuity contracts for any of 85 28 the employees of that agency, which annuity contracts are 85 29 issued by a nonprofit corporation issuing retirement annuities 85 30 exclusively for educational institutions and their employees 85 31 or are purchased from any company the employee chooses that is 85 32 authorized to do business in this state or through an Iowa- 85 33 licensed salesperson that the employee selects, on a group or 85 34 individual basis, for retirement or other purposes, and may 85 35 make payroll deductions in accordance with the arrangements 86 1 for the purpose of paying the entire premium due and to become 86 2 due under the contract. The deductions shall be made in the 86 3 manner which will qualify the annuity premiums for the 86 4 benefits afforded under section 403(b) of the Internal Revenue 86 5 Code, as defined in section 422.3. The employee's rights 86 6 under the annuity contract are nonforfeitable except for the 86 7 failure to pay premiums. As used in this section, unless the 86 8 context otherwise requires, "annuity contract" includes any 86 9 custodial account which meets the requirements of section 86 10 403(b)(7) of the Internal Revenue Code, as defined in section 86 11 422.3. 86 12 2. Whenever an existing tax-sheltered annuity contract is 86 13 to be replaced by a new contract, the agent or representative 86 14 of the company shall send a letter of intent by registered 86 15 mail at least thirty days prior to any action to the company 86 16 being replaced, to the commissioner of insurance of this 86 17 state, to the agent's own company, and to the director. The 86 18 letter of intent shall contain the policy number and 86 19 description of the contract being replaced and a description 86 20 of the replacement contract. 86 21 Sec. 75. NEW SECTION. 8A.439 LONGEVITY PAY PROHIBITED – 86 22 EXCEPTION. 86 23 A state employee subject to the provisions of this article 86 24 shall not be entitled to longevity pay except for those 86 25 employees granted longevity pay pursuant to section 307.48. 86 26 STATE HUMAN RESOURCE MANAGEMENT OPERATIONS 86 27 MISCELLANEOUS PROVISIONS 86 28 Sec. 76. NEW SECTION. 8A.451 HUMAN RESOURCES 86 29 ADMINISTRATIVE COSTS. 86 30 1. The department may quarterly render a statement to each 86 31 department or agency which operates in whole or in part from 86 32 other than general fund appropriations for a pro rata share of 86 33 the cost of administration of the department, or a portion 86 34 thereof, as it relates to the state human resources management 86 35 duties of the department pursuant to this article. The 87 1 expense shall be paid by the state department or agency in the 87 2 same manner as other expenses of that department or agency are 87 3 paid and all moneys received shall be deposited in the general 87 4 fund of the state. 87 5 2. The department shall render monthly a statement to each 87 6 state department or agency for a pro rata share of the cost of 87 7 administration of the state employee flexible spending 87 8 accounts. The expense shall be paid by the state department 87 9 or agency in the same manner as other expenses of that state 87 10 department or agency are paid and all moneys received for 87 11 administration costs shall be deposited in the appropriate 87 12 fund. 87 13 Sec. 77. NEW SECTION. 8A.452 USE OF PUBLIC BUILDINGS. 87 14 All officers and employees of the state and of political 87 15 subdivisions of the state shall allow the department the 87 16 reasonable use of public buildings under their control, and 87 17 furnish heat, light, and furniture for any examination, 87 18 hearing, or investigation authorized by this article. The 87 19 department shall pay to a political subdivision the reasonable 87 20 cost of any such facilities furnished. 87 21 Sec. 78. NEW SECTION. 8A.453 AID BY STATE EMPLOYEES – 87 22 RECORDS AND INFORMATION. 87 23 1. All officers and employees of the state shall comply 87 24 with and aid in all proper ways in carrying out the provisions 87 25 of this article and the rules and orders under this article. 87 26 All officers and employees shall furnish any records or 87 27 information which the director requires for any purpose of 87 28 this article. The director may institute and maintain any 87 29 action or proceeding at law or in equity that the director 87 30 considers necessary or appropriate to secure compliance with 87 31 this article and the rules and orders under this article. 87 32 2. The director may delegate to a person in any 87 33 department, agency, board, commission, or office, located away 87 34 from the seat of government, any of the duties imposed by this 87 35 article upon the director. 88 1 Sec. 79. NEW SECTION. 8A.454 HEALTH INSURANCE 88 2 ADMINISTRATION FUND. 88 3 1. A separate, special Iowa state health insurance 88 4 administration fund is created in the state treasury under the 88 5 control of the department. The fund shall consist of all 88 6 moneys deposited in the fund from proceeds of a monthly per 88 7 contract administrative charge assessed and collected by the 88 8 department. Moneys deposited in the fund shall be expended by 88 9 the department for health insurance program administration 88 10 costs. Notwithstanding section 12C.7, subsection 2, interest 88 11 or earnings on moneys deposited in the fund shall be credited 88 12 to the fund. 88 13 2. A monthly per contract administrative charge shall be 88 14 assessed by the department on all health insurance plans 88 15 administered by the department in which the contract holder 88 16 has a state employer to pay the charge. The amount of the 88 17 administrative charge shall be established by the general 88 18 assembly. The department shall collect the administrative 88 19 charge from each department utilizing the centralized payroll 88 20 system and shall deposit the proceeds in the fund. In 88 21 addition, the state board of regents, all library service 88 22 areas, the state fair board, the state department of 88 23 transportation, and each judicial district department of 88 24 correctional services shall remit the administrative charge on 88 25 a monthly basis to the department and shall submit a report to 88 26 the department containing the number and type of health 88 27 insurance contracts held by each of its employees whose health 88 28 insurance is administered by the department. 88 29 3. The expenditure of moneys from the fund in any fiscal 88 30 year shall not exceed the amount of the monthly charge 88 31 established by the general assembly multiplied by the number 88 32 of health insurance contracts in effect at the beginning of 88 33 the same fiscal year in which the expenditures shall be made. 88 34 Any unencumbered or unobligated moneys in the fund at the end 88 35 of the fiscal year shall not revert but shall be transferred 89 1 to the health insurance premium reserve fund established 89 2 pursuant to section 509A.5. 89 3 4. This section is repealed July 1, 2007. 89 4 Sec. 80. NEW SECTION. 8A.455 CERTIFICATION OF PAYROLLS 89 5 – ACTIONS. 89 6 1. A state disbursing or auditing officer shall not make 89 7 or approve or take part in making or approving a payment for 89 8 personnel services to any person unless the payroll voucher or 89 9 account of the pay bears the certification of the director, or 89 10 of the director's authorized agent, that the persons named 89 11 have been appointed and employed in accordance with this 89 12 article and the rules and orders under this article, and that 89 13 funds are available for the payment of the persons. 89 14 2. The director may, for proper cause, withhold 89 15 certification from an entire payroll or from any specific item 89 16 or items on a payroll. The director may, however, provide 89 17 that certification of payrolls may be made once every year, 89 18 and such certification shall remain in effect except in the 89 19 case of any officer or employee whose status has changed after 89 20 the last certification of the officer's or employee's payroll. 89 21 In the latter case a voucher for payment of salary to such 89 22 employee shall not be issued or payment of salary shall not be 89 23 made without further certification by the director. 89 24 3. Any citizen may maintain an action in accordance with 89 25 chapter 17A to restrain a disbursing officer from making any 89 26 payment in contravention of this article, or rule or order 89 27 under this article. Any sum paid contrary to this article or 89 28 any rule or order under this article may be recovered in an 89 29 action in accordance with chapter 17A maintained by any 89 30 citizen, from any officer who made, approved, or authorized 89 31 such payment or who signed or countersigned a voucher, 89 32 payroll, check, or warrant for such payment, or from the 89 33 sureties on the official bond of any such officer. All moneys 89 34 recovered in any such action shall be paid into the state 89 35 treasury. 90 1 4. Any person appointed or employed in contravention of 90 2 this article or of any rule or order under this article who 90 3 performs service for which the person is not paid may maintain 90 4 an action in accordance with chapter 17A against the officer 90 5 or officers who purported so to appoint or employ the person 90 6 to recover the agreed pay for such services or the reasonable 90 7 value of the services if no pay was agreed upon. An officer 90 8 shall not be reimbursed by the state at any time for any sum 90 9 paid to such person on account of such services. 90 10 5. If the director wrongfully withholds certification of 90 11 the payroll voucher or account of any employee, such employee 90 12 may maintain a proceeding in accordance with chapter 17A in 90 13 the courts to compel the director to certify such a payroll 90 14 voucher or account. 90 15 Sec. 81. NEW SECTION. 8A.456 ACCESS TO RECORDS. 90 16 1. An employee subject to the provisions of this article 90 17 shall have access to the employee's personal file. 90 18 2. An applicant for a position subject to the provisions 90 19 of this article shall be permitted to review, in accordance 90 20 with such rules as the director may prescribe, any evaluation 90 21 resulting from the application for employment. 90 22 Sec. 82. NEW SECTION. 8A.457 WORKERS' COMPENSATION 90 23 CLAIMS. 90 24 The director shall employ appropriate staff to handle and 90 25 adjust claims of state employees for workers' compensation 90 26 benefits pursuant to chapters 85, 85A, 85B, and 86, or with 90 27 the approval of the executive council contract for the 90 28 services or purchase workers' compensation insurance coverage 90 29 for state employees or selected groups of state employees. A 90 30 state employee workers' compensation fund is created in the 90 31 state treasury under the control of the department to pay 90 32 state employee workers' compensation claims and administrative 90 33 costs. The department shall establish a rating formula and 90 34 assess premiums to all agencies, departments, and divisions of 90 35 the state including those which have not received an 91 1 appropriation for the payment of workers' compensation 91 2 insurance and which operate from moneys other than from the 91 3 general fund of the state. The department shall collect the 91 4 premiums and deposit them into the state employee workers' 91 5 compensation fund. Notwithstanding section 8.33, moneys 91 6 deposited in the state employee workers' compensation fund 91 7 shall not revert to the general fund of the state at the end 91 8 of any fiscal year, but shall remain in the state employee 91 9 workers' compensation fund and be continuously available to 91 10 pay state employee workers' compensation claims. The director 91 11 may, to the extent practicable, contract with a private 91 12 organization to handle the processing and payment of claims 91 13 and services rendered under the provisions of this section. 91 14 Sec. 83. NEW SECTION. 8A.458 PENALTY. 91 15 A person who willfully violates this article or any rules 91 16 adopted pursuant to this article, where no other penalty is 91 17 prescribed, is guilty of a simple misdemeanor. 91 18 ARTICLE 5 91 19 FINANCIAL ADMINISTRATION 91 20 Sec. 84. NEW SECTION. 8A.502 FINANCIAL ADMINISTRATION 91 21 DUTIES. 91 22 The department shall provide for the efficient management 91 23 and administration of the financial resources of state 91 24 government and shall have and assume the following powers and 91 25 duties: 91 26 1. CENTRALIZED ACCOUNTING SYSTEM. To assume the 91 27 responsibilities related to a centralized accounting system 91 28 for state government. 91 29 2. SETOFF PROCEDURES. To establish and maintain a setoff 91 30 procedure as provided in section 8A.504. 91 31 3. COST ALLOCATION SYSTEM. To establish a cost allocation 91 32 system as provided in section 8A.505. 91 33 4. COLLECTION AND PAYMENT OF FUNDS – MONTHLY PAYMENTS. 91 34 To control the payment of all moneys into the state treasury, 91 35 and all payments from the state treasury by the preparation of 92 1 appropriate warrants, or warrant checks, directing such 92 2 collections and payment, and to advise the treasurer of state 92 3 monthly in writing of the amount of public funds not currently 92 4 needed for operating expenses. Whenever the state treasury 92 5 includes state funds that require distribution to counties, 92 6 cities, or other political subdivisions of this state, and the 92 7 counties, cities, and other political subdivisions certify to 92 8 the director that warrants will be stamped for lack of funds 92 9 within the thirty-day period following certification, the 92 10 director may partially distribute the funds on a monthly 92 11 basis. Whenever the law requires that any funds be paid by a 92 12 specific date, the director shall prepare a final accounting 92 13 and shall make a final distribution of any remaining funds 92 14 prior to that date. 92 15 5. PREAUDIT SYSTEM. To establish and fix a reasonable 92 16 imprest cash fund for each state department and institution 92 17 for disbursement purposes where needed. These revolving funds 92 18 shall be reimbursed only upon vouchers approved by the 92 19 director. It is the purpose of this subsection to establish a 92 20 preaudit system of settling all claims against the state, but 92 21 the preaudit system is not applicable to any of the following: 92 22 a. Institutions under the control of the state board of 92 23 regents. 92 24 b. The state fair board as established in chapter 173. 92 25 c. The Iowa dairy industry commission as established in 92 26 chapter 179, the Iowa beef cattle producers association as 92 27 established in chapter 181, the Iowa pork producers council as 92 28 established in chapter 183A, the Iowa egg council as 92 29 established in chapter 184, the Iowa turkey marketing council 92 30 as established in chapter 184A, the Iowa soybean promotion 92 31 board as established in chapter 185, and the Iowa corn 92 32 promotion board as established in chapter 185C. 92 33 6. AUDIT OF CLAIMS. To set rules and procedures for the 92 34 preaudit of claims by individual agencies or organizations. 92 35 The director reserves the right to refuse to accept incomplete 93 1 or incorrect claims and to review, preaudit, or audit claims 93 2 as determined by the director. 93 3 7. CONTRACTS. To certify, record, and encumber all formal 93 4 contracts to prevent overcommitment of appropriations and 93 5 allotments. 93 6 8. ACCOUNTS. To keep the central budget and proprietary 93 7 control accounts of the general fund of the state and special 93 8 funds, as defined in section 8.2, of the state government. 93 9 Upon elimination of the state deficit under generally accepted 93 10 accounting principles, including the payment of items budgeted 93 11 in a subsequent fiscal year which under generally accepted 93 12 accounting principles should be budgeted in the current fiscal 93 13 year, the recognition of revenues received and expenditures 93 14 paid and transfers received and paid within the time period 93 15 required pursuant to section 8.33 shall be in accordance with 93 16 generally accepted accounting principles. Budget accounts are 93 17 those accounts maintained to control the receipt and 93 18 disposition of all funds, appropriations, and allotments. 93 19 Proprietary accounts are those accounts relating to assets, 93 20 liabilities, income, and expense. For each fiscal year, the 93 21 financial position and results of operations of the state 93 22 shall be reported in a comprehensive annual financial report 93 23 prepared in accordance with generally accepted accounting 93 24 principles, as established by the governmental accounting 93 25 standards board. 93 26 9. FAIR BOARD AND BOARD OF REGENTS. To control the 93 27 financial operations of the state fair board and the 93 28 institutions under the state board of regents: 93 29 a. By charging all warrants issued to the respective 93 30 educational institutions and the state fair board to an 93 31 advance account to be further accounted for and not as an 93 32 expense which requires no further accounting. 93 33 b. By charging all collections made by the educational 93 34 institutions and state fair board to the respective advance 93 35 accounts of the institutions and state fair board, and by 94 1 crediting all such repayment collections to the respective 94 2 appropriations and special funds. 94 3 c. By charging all disbursements made to the respective 94 4 allotment accounts of each educational institution or state 94 5 fair board and by crediting all such disbursements to the 94 6 respective advance and inventory accounts. 94 7 d. By requiring a monthly abstract of all receipts and of 94 8 all disbursements, both money and stores, and a complete 94 9 account current each month from each educational institution 94 10 and the state fair board. 94 11 10. ENTITIES REPRESENTING AGRICULTURAL PRODUCERS. To 94 12 control the financial operations of the Iowa dairy industry 94 13 commission as provided in chapter 179, the Iowa beef cattle 94 14 producers association as provided in chapter 181, the Iowa 94 15 pork producers council as provided in chapter 183A, the Iowa 94 16 egg council as provided in chapter 184, the Iowa turkey 94 17 marketing council as provided in chapter 184A, the Iowa 94 18 soybean promotion board as provided in chapter 185, and the 94 19 Iowa corn promotion board as provided in chapter 185C. 94 20 11. CUSTODY OF RECORDS. To have the custody of all books, 94 21 papers, records, documents, vouchers, conveyances, leases, 94 22 mortgages, bonds, and other securities appertaining to the 94 23 fiscal affairs and property of the state, which are not 94 24 required to be kept in some other office. 94 25 12. INTEREST OF THE PERMANENT SCHOOL FUND. To transfer 94 26 the interest of the permanent school fund to the credit of the 94 27 interest for Iowa schools fund. 94 28 13. FORMS. To prescribe all accounting and business forms 94 29 and the system of accounts and reports of financial 94 30 transactions by all departments and agencies of the state 94 31 government other than those of the legislative branch. 94 32 14. FEDERAL CASH MANAGEMENT AND IMPROVEMENT ACT 94 33 ADMINISTRATOR. To serve as administrator for state actions 94 34 relating to the federal Cash Management and Improvement Act of 94 35 1990, Pub. L. No. 101-453, as codified in 31 U.S.C. } 6503. 95 1 The director shall perform the following duties relating to 95 2 the federal law: 95 3 a. Act as the designated representative of the state in 95 4 the negotiation and administration of contracts between the 95 5 state and federal government relating to the federal law. 95 6 b. Modify the centralized statewide accounting system and 95 7 develop, or require to be developed by the appropriate 95 8 departments of state government, the necessary reports and 95 9 procedures necessary to complete the managerial and financial 95 10 reports required to comply with the federal law. 95 11 There is annually appropriated from the general fund of the 95 12 state to the department an amount sufficient to pay interest 95 13 costs that may be due the federal government as a result of 95 14 implementation of the federal law. This paragraph does not 95 15 authorize the payment of interest from the general fund of the 95 16 state for any departmental revolving, trust, or special fund 95 17 where monthly interest earnings accrue to the credit of the 95 18 departmental revolving, trust, or special fund. For any 95 19 departmental revolving, trust, or special fund where monthly 95 20 interest is accrued to the credit of the fund, the director 95 21 may authorize a supplemental expenditure to pay interest costs 95 22 from the individual fund which are due the federal government 95 23 as a result of implementation of the federal law. 95 24 Sec. 85. NEW SECTION. 8A.503 RULES – DEPOSIT OF 95 25 DEPARTMENTAL MONEYS. 95 26 The director shall prescribe by rule the manner and methods 95 27 by which all departments and agencies of the state who collect 95 28 money for and on behalf of the state shall cause the money to 95 29 be deposited with the treasurer of state or in a depository 95 30 designated by the treasurer of state. All such moneys 95 31 collected shall be deposited at such times and in such 95 32 depositories to permit the state of Iowa to deposit the funds 95 33 in a manner consistent with the state's investment policies. 95 34 All such moneys shall be promptly deposited, as directed, even 95 35 though the individual amount remitted may not be correct. If 96 1 any individual amount remitted is in excess of the amount 96 2 required, the department or agency receiving the same shall 96 3 refund the excess amount. If the individual amount remitted 96 4 is insufficient, the person, firm, or corporation concerned 96 5 shall be immediately billed for the amount of the deficiency. 96 6 Sec. 86. NEW SECTION. 8A.504 SETOFF PROCEDURES. 96 7 1. DEFINITIONS. As used in this section, unless the 96 8 context otherwise requires: 96 9 a. "Collection entity" means the department of 96 10 administrative services and any other state agency that 96 11 maintains a separate accounting system and elects to establish 96 12 a debt collection setoff procedure for collection of debts 96 13 owed to the state or its agencies. 96 14 b. "Person" does not include a state agency. 96 15 c. "Qualifying debt" includes, but is not limited to, the 96 16 following: 96 17 (1) Any debt, which is assigned to the department of human 96 18 services, or which the child support recovery unit is 96 19 otherwise attempting to collect, or which the foster care 96 20 recovery unit of the department of human services is 96 21 attempting to collect on behalf of a child receiving foster 96 22 care provided by the department of human services. 96 23 (2) An amount that is due because of a default on a 96 24 guaranteed student or parental loan under chapter 261. 96 25 (3) Any debt which is in the form of a liquidated sum due, 96 26 owing, and payable to the clerk of the district court. 96 27 d. "State agency" means a board, commission, department, 96 28 including the department of administrative services, or other 96 29 administrative office or unit of the state of Iowa or any 96 30 other state entity reported in the Iowa comprehensive annual 96 31 financial report. "State agency" does include the clerk of 96 32 the district court as it relates to the collection of a 96 33 qualifying debt. "State agency" does not include the general 96 34 assembly, the governor, or any political subdivision of the 96 35 state, or its offices and units. 97 1 2. SETOFF PROCEDURE. The collection entity shall 97 2 establish and maintain a procedure to set off against any 97 3 claim owed to a person by a state agency any liability of that 97 4 person owed to a state agency, a support debt being enforced 97 5 by the child support recovery unit pursuant to chapter 252B, 97 6 or such other qualifying debt. The procedure shall only apply 97 7 when at the discretion of the director it is feasible. The 97 8 procedure shall meet the following conditions: 97 9 a. Before setoff, a person's liability to a state agency 97 10 and the person's claim on a state agency shall be in the form 97 11 of a liquidated sum due, owing, and payable. 97 12 b. Before setoff, the state agency shall obtain and 97 13 forward to the collection entity the full name and social 97 14 security number of the person liable to it or to whom a claim 97 15 is owing who is a natural person. If the person is not a 97 16 natural person, before setoff, the state agency shall forward 97 17 to the collection entity the information concerning the person 97 18 as the collection entity shall, by rule, require. The 97 19 collection entity shall cooperate with other state agencies in 97 20 the exchange of information relevant to the identification of 97 21 persons liable to or claimants of state agencies. However, 97 22 the collection entity shall provide only relevant information 97 23 required by a state agency. The information shall be held in 97 24 confidence and used for the purpose of setoff only. Section 97 25 422.72, subsection 1, does not apply to this paragraph. 97 26 c. Before setoff, a state agency shall, at least annually, 97 27 submit to the collection entity the information required by 97 28 paragraph "b" along with the amount of each person's liability 97 29 to and the amount of each claim on the state agency. The 97 30 collection entity may, by rule, require more frequent 97 31 submissions. 97 32 d. Before setoff, the amount of a person's claim on a 97 33 state agency and the amount of a person's liability to a state 97 34 agency shall constitute a minimum amount set by rule of the 97 35 collection entity. 98 1 e. Upon submission of an allegation of liability by a 98 2 state agency, the collection entity shall notify the state 98 3 agency whether the person allegedly liable is entitled to 98 4 payment from a state agency, and, if so entitled, shall notify 98 5 the state agency of the amount of the person's entitlement and 98 6 of the person's last address known to the collection entity. 98 7 Section 422.72, subsection 1, does not apply to this 98 8 paragraph. 98 9 f. Upon notice of entitlement to a payment, the state 98 10 agency shall send written notification to that person of the 98 11 state agency's assertion of its rights to all or a portion of 98 12 the payment and of the state agency's entitlement to recover 98 13 the liability through the setoff procedure, the basis of the 98 14 assertion, the opportunity to request that a jointly or 98 15 commonly owned right to payment be divided among owners, and 98 16 the person's opportunity to give written notice of intent to 98 17 contest the amount of the allegation. The state agency shall 98 18 send a copy of the notice to the collection entity. A state 98 19 agency subject to chapter 17A shall give notice, conduct 98 20 hearings, and allow appeals in conformity with chapter 17A. 98 21 However, upon submission of an allegation of the liability 98 22 of a person which is owing and payable to the clerk of the 98 23 district court and upon the determination by the collection 98 24 entity that the person allegedly liable is entitled to payment 98 25 from a state agency, the collection entity shall send written 98 26 notification to the person which states the assertion by the 98 27 clerk of the district court of rights to all or a portion of 98 28 the payment, the clerk's entitlement to recover the liability 98 29 through the setoff procedure, the basis of the assertions, the 98 30 person's opportunity to request within fifteen days of the 98 31 mailing of the notice that the collection entity divide a 98 32 jointly or commonly owned right to payment between owners, the 98 33 opportunity to contest the liability to the clerk by written 98 34 application to the clerk within fifteen days of the mailing of 98 35 the notice, and the person's opportunity to contest the 99 1 collection entity's setoff procedure. 99 2 g. Upon the timely request of a person liable to a state 99 3 agency or of the spouse of that person and upon receipt of the 99 4 full name and social security number of the person's spouse, a 99 5 state agency shall notify the collection entity of the request 99 6 to divide a jointly or commonly owned right to payment. Any 99 7 jointly or commonly owned right to payment is rebuttably 99 8 presumed to be owned in equal portions by its joint or common 99 9 owners. 99 10 h. The collection entity shall, after the state agency has 99 11 sent notice to the person liable or, if the liability is owing 99 12 and payable to the clerk of the district court, the collection 99 13 entity has sent notice to the person liable, set off the 99 14 amount owed to the agency against any amount which a state 99 15 agency owes that person. The collection entity shall refund 99 16 any balance of the amount to the person. The collection 99 17 entity shall periodically transfer amounts set off to the 99 18 state agencies entitled to them. If a person liable to a 99 19 state agency gives written notice of intent to contest an 99 20 allegation, a state agency shall hold a refund or rebate until 99 21 final disposition of the allegation. Upon completion of the 99 22 setoff, a state agency shall notify in writing the person who 99 23 was liable or, if the liability is owing and payable to the 99 24 clerk of the district court, shall comply with the procedures 99 25 as provided in paragraph "j". 99 26 i. The department of revenue and finance's existing right 99 27 to credit against tax due or to become due under section 99 28 422.73 is not to be impaired by a right granted to or a duty 99 29 imposed upon the collection entity or other state agency by 99 30 this section. This section is not intended to impose upon the 99 31 collection entity or the department of revenue and finance any 99 32 additional requirement of notice, hearing, or appeal 99 33 concerning the right to credit against tax due under section 99 34 422.73. 99 35 j. If the alleged liability is owing and payable to the 100 1 clerk of the district court and setoff as provided in this 100 2 section is sought, all of the following shall apply: 100 3 (1) The judicial branch shall prescribe procedures to 100 4 permit a person to contest the amount of the person's 100 5 liability to the clerk of the district court. 100 6 (2) The collection entity shall, except for the procedures 100 7 described in subparagraph (1), prescribe any other applicable 100 8 procedures concerning setoff as provided in this subsection. 100 9 (3) Upon completion of the setoff, the collection entity 100 10 shall file, at least monthly, with the clerk of the district 100 11 court a notice of satisfaction of each obligation to the full 100 12 extent of all moneys collected in satisfaction of the 100 13 obligation. The clerk shall record the notice and enter a 100 14 satisfaction for the amounts collected and a separate written 100 15 notice is not required. 100 16 3. In the case of multiple claims to payments filed under 100 17 this section, priority shall be given to claims filed by the 100 18 child support recovery unit or the foster care recovery unit, 100 19 next priority shall be given to claims filed by the college 100 20 student aid commission, next priority shall be given to claims 100 21 filed by the investigations division of the department of 100 22 inspections and appeals, next priority shall be given to 100 23 claims filed by a clerk of the district court, and last 100 24 priority shall be given to claims filed by other state 100 25 agencies. In the case of multiple claims in which the 100 26 priority is not otherwise provided by this subsection, 100 27 priority shall be determined in accordance with rules to be 100 28 established by the director. 100 29 4. The director shall have the authority to enter into 100 30 reciprocal agreements with the departments of revenue of other 100 31 states that have enacted legislation that is substantially 100 32 equivalent to the setoff procedure provided in this section 100 33 for the recovery of an amount due because of a default on a 100 34 guaranteed student or parental loan under chapter 261. A 100 35 reciprocal agreement shall also be approved by the college 101 1 student aid commission. The agreement shall authorize the 101 2 department to provide by rule for the setoff of state income 101 3 tax refunds or rebates of defaulters from states with which 101 4 Iowa has a reciprocal agreement and to provide for sending 101 5 lists of names of Iowa defaulters to the states with which 101 6 Iowa has a reciprocal agreement for setoff of that state's 101 7 income tax refunds. 101 8 5. Under substantive rules established by the director, 101 9 the department shall seek reimbursement from other state 101 10 agencies to recover its costs for setting off liabilities. 101 11 Sec. 87. NEW SECTION. 8A.505 COST ALLOCATION SYSTEM. 101 12 The department shall develop and administer an indirect 101 13 cost allocation system for state agencies. The system shall 101 14 be based upon standard cost accounting methodologies and shall 101 15 be used to allocate both direct and indirect costs of state 101 16 agencies or state agency functions in providing centralized 101 17 services to other state agencies. A cost that is allocated to 101 18 a state agency pursuant to this system shall be billed to the 101 19 state agency and the cost is payable to the general fund of 101 20 the state. The source of payment for the billed cost shall be 101 21 any revenue source except for the general fund of the state. 101 22 If a state agency is authorized by law to bill and recover 101 23 direct expenses, the state agency shall recover indirect costs 101 24 in the same manner. 101 25 Sec. 88. NEW SECTION. 8A.506 ACCOUNTING. 101 26 The director may at any time require any person receiving 101 27 money, securities, or property belonging to the state, or 101 28 having the management, disbursement, or other disposition of 101 29 them, an account of which is kept in the department, to render 101 30 statements of them and information in reference to them. 101 31 Sec. 89. NEW SECTION. 8A.507 STATING ACCOUNT. 101 32 If an officer who is accountable to the state treasury for 101 33 any money or property neglects to render an account to the 101 34 director within the time prescribed by law, or, if no time is 101 35 so prescribed, within twenty days after being required to do 102 1 so by the director, the director shall state an account 102 2 against the officer from the books of the officer's office, 102 3 charging ten percent damages on the whole sum appearing due, 102 4 and interest at the rate of six percent per annum on the 102 5 aggregate from the time when the account should have been 102 6 rendered; all of which may be recovered by action brought on 102 7 the account, or on the official bond of the officer. 102 8 Sec. 90. NEW SECTION. 8A.508 COMPELLING PAYMENT. 102 9 If an officer fails to pay into the state treasury the 102 10 amount received by the officer within the time prescribed by 102 11 law, or, having settled with the director, fails to pay the 102 12 amount found due, the director shall charge the officer with 102 13 twenty percent damages on the amount due, with interest on the 102 14 aggregate from the time the amount became due at the rate of 102 15 six percent per annum, and the whole may be recovered by an 102 16 action brought on the account, or on the official bond of the 102 17 officer, and the officer shall forfeit the officer's 102 18 commission. 102 19 Sec. 91. NEW SECTION. 8A.509 DEFENSE TO CLAIM. 102 20 The penal provisions in sections 8A.507 and 8A.508 are 102 21 subject to any legal defense which the officer may have 102 22 against the account as stated by the director, but judgment 102 23 for costs shall be rendered against the officer in the action, 102 24 whatever its result, unless the officer rendered an account 102 25 within the time named in those sections. 102 26 Sec. 92. NEW SECTION. 8A.510 REQUESTED CREDITS – OATH 102 27 REQUIRED. 102 28 When a county treasurer or other receiver of public money 102 29 seeks to obtain credit on the books of the department for 102 30 payment made to the county treasurer, before giving such 102 31 credit the director shall require that person to take and 102 32 subscribe an oath that the person has not used, loaned, or 102 33 appropriated any of the public money for the person's private 102 34 benefit, nor for the benefit of any other person. 102 35 Sec. 93. NEW SECTION. 8A.511 REQUISITION FOR 103 1 INFORMATION. 103 2 In those cases where the director is authorized to call 103 3 upon persons or officers for information, or statements, or 103 4 accounts, the director may issue a requisition therefor in 103 5 writing to the person or officer called upon, allowing 103 6 reasonable time, which, having been served and return made to 103 7 the director, as a notice in a civil action, is evidence of 103 8 the making of the requisition. 103 9 Sec. 94. NEW SECTION. 8A.512 LIMITS ON CLAIMS. 103 10 The director is limited in authorizing the payment of 103 11 claims, as follows: 103 12 1. FUNDING LIMIT. 103 13 a. A claim shall not be allowed by the department if the 103 14 appropriation or fund of certification available for paying 103 15 the claim has been exhausted or proves insufficient. 103 16 b. The authority of the director is subject to the 103 17 following exceptions: 103 18 (1) Claims by state employees for benefits pursuant to 103 19 chapters 85, 85A, 85B, and 86 are subject to limitations 103 20 provided in those chapters. 103 21 (2) Claims for medical assistance payments authorized 103 22 under chapter 249A are subject to the time limits imposed by 103 23 rule adopted by the department of human services. 103 24 (3) Claims approved by an agency according to the 103 25 provisions of sections 25.1 and 25.2. 103 26 2. CONVENTION EXPENSES. Claims for expenses in attending 103 27 conventions, meetings, conferences, or gatherings of members 103 28 of an association or society organized and existing as a 103 29 quasi-public association or society outside the state of Iowa 103 30 shall not be allowed at public expense, unless authorized by 103 31 the executive council; and claims for these expenses outside 103 32 of the state shall not be allowed unless the voucher is 103 33 accompanied by the portion of the minutes of the executive 103 34 council, certified to by its secretary, showing that the 103 35 expense was authorized by the council. This section does not 104 1 apply to claims in favor of the governor, attorney general, 104 2 utilities board members, or to trips referred to in sections 104 3 97B.7A and 217.20. 104 4 3. PAYMENT FROM FEES. Claims for per diem and expenses 104 5 payable from fees shall not be approved for payment in excess 104 6 of those fees if the law provides that such expenditures are 104 7 limited to the special funds collected and deposited in the 104 8 state treasury. 104 9 Sec. 95. NEW SECTION. 8A.513 CLAIMS – APPROVAL. 104 10 The director before approving a claim on behalf of the 104 11 department shall determine: 104 12 1. That the creation of the claim is clearly authorized by 104 13 law. Statutes authorizing the expenditure may be referenced 104 14 through account coding authorized by the director. 104 15 2. That the claim has been authorized by an officer or 104 16 official body having legal authority to so authorize and that 104 17 the fact of authorization has been certified to the director 104 18 by such officer or official body. 104 19 3. That all legal requirements have been observed, 104 20 including notice and opportunity for competition, if required 104 21 by law. 104 22 4. That the claim is in proper form as the director may 104 23 provide. 104 24 5. That the charges are reasonable, proper, and correct 104 25 and no part of the claim has been paid. 104 26 Sec. 96. NEW SECTION. 8A.514 VOUCHERS – INTEREST – 104 27 PAYMENT OF CLAIMS. 104 28 1. Before a warrant or its equivalent is issued for a 104 29 claim payable from the state treasury, the department shall 104 30 file an itemized voucher showing in detail the items of 104 31 service, expense, item furnished, or contract for which 104 32 payment is sought. However, the director may authorize the 104 33 prepayment of claims when the best interests of the state are 104 34 served under rules adopted by the director. The claimant's 104 35 original invoice shall be attached to a department's approved 105 1 voucher. The director shall adopt rules specifying the form 105 2 and contents for invoices submitted by a vendor to a 105 3 department. The requirements apply to acceptance of an 105 4 invoice by a department. A department shall not impose 105 5 additional or different requirements on submission of invoices 105 6 than those contained in rules of the director unless the 105 7 director exempts the department from the invoice requirements 105 8 or a part of the requirements upon a finding that compliance 105 9 would result in poor accounting or management practices. 105 10 2. Vouchers for postage, stamped envelopes, and postal 105 11 cards may be audited as soon as an order for them is entered. 105 12 3. The departments, the general assembly, and the courts 105 13 shall pay their claims in a timely manner. If a claim for 105 14 services, supplies, materials, or a contract which is payable 105 15 from the state treasury remains unpaid after sixty days 105 16 following the receipt of the claim or the satisfactory 105 17 delivery, furnishing, or performance of the services, 105 18 supplies, materials, or contract, whichever date is later, the 105 19 state shall pay interest at the rate of one percent per month 105 20 on the unpaid amount of the claim. This subsection does not 105 21 apply to claims against the state under chapters 25 and 669 or 105 22 to claims paid by federal funds. The interest shall be 105 23 charged to the appropriation or fund to which the claim is 105 24 certified. Departments may enter into contracts for goods or 105 25 services on payment terms of less than sixty days if the state 105 26 may obtain a financial benefit or incentive which would not 105 27 otherwise be available from the vendor. The department, in 105 28 consultation with other affected departments, shall develop 105 29 policies to promote consistency and fiscal responsibility 105 30 relating to payment terms authorized under this subsection. 105 31 The director shall adopt rules under chapter 17A relating to 105 32 the administration of this subsection. 105 33 Sec. 97. NEW SECTION. 8A.515 WARRANTS – FORM. 105 34 A warrant shall bear on its face the signature of the 105 35 director or its facsimile, or the signature of an assistant or 106 1 its facsimile in case of a vacancy in the office of the 106 2 director; a proper number, date, amount, and name of payee; a 106 3 reference to the law under which it is drawn; whether for 106 4 salaries or wages, services, or supplies, and what kind of 106 5 supplies; and from what office or department, or for what 106 6 other general or special purposes; or in lieu thereof, a 106 7 coding system may be used, which particulars shall be entered 106 8 in a warrant register kept for that purpose in the order of 106 9 issuance; and as soon as practicable after issuing a warrant 106 10 register, the director shall certify a duplicate of it to the 106 11 treasurer of state. 106 12 Sec. 98. NEW SECTION. 8A.516 REQUIRED PAYEE. 106 13 All warrants shall be drawn to the order of the person 106 14 entitled to payment or compensation, except that when goods or 106 15 materials are purchased in foreign countries, warrants may be 106 16 drawn upon the treasurer of state, payable to the bearer for 106 17 the net amount of invoice and current exchange, and the 106 18 treasurer of state shall furnish a foreign draft payable to 106 19 the order of the person from whom purchase is made. 106 20 Sec. 99. NEW SECTION. 8A.517 PROHIBITED PAYEE. 106 21 In no case shall warrants be drawn in the name of the 106 22 certifying office, department, board, or institution, or in 106 23 the name of an employee, except for personal service rendered 106 24 or expense incurred by the employee, unless express statutory 106 25 authority exists therefor. 106 26 Sec. 100. NEW SECTION. 8A.518 CLAIMS EXCEEDING 106 27 APPROPRIATIONS. 106 28 A claim shall not be allowed when the claim will exceed the 106 29 amount specifically appropriated for the claim. 106 30 Sec. 101. NEW SECTION. 8A.519 CANCELLATION OF STATE 106 31 WARRANTS. 106 32 On the last business day of each month, the director shall 106 33 cancel and request the treasurer of state to stop payment on 106 34 all state warrants which have been outstanding and unredeemed 106 35 by the treasurer of state for six months or longer. 107 1 DIVISION II 107 2 CONFORMING AND MISCELLANEOUS CHANGES 107 3 Sec. 102. Section 2.9, Code 2003, is amended to read as 107 4 follows: 107 5 2.9 JOURNALS – BILLS AND AMENDMENTS. 107 6 1. a. The senate and house of representatives shall each 107 7 publish a daily journal of the transactions of their 107 8 respective bodies. The secretary of the senate and the chief 107 9 clerk of the house shall each determine the format and manner 107 10 of the journal's publication, the procurement procedures for 107 11 the journal's publication, and the journal's distribution for 107 12 their respective bodies. 107 13 b. The secretary of the senate and the clerk of the house 107 14 of representatives shall each preserve copies of the printed 107 15 daily journals of their respective bodies, as corrected, 107 16 certify to their correctness, and file them with the secretary 107 17 of state at the adjournment of each session of the general 107 18 assembly. The secretary of state shallcause the journals to107 19be bound and preserved aspreserve the original journals of 107 20 the senate and the house in the manner specified by the 107 21 majority leader of the senate and speaker of the house. 107 22 2. a. The senate and house of representatives shall each 107 23 publish bills and amendments of their respective bodies. The 107 24 secretary of the senate and the chief clerk of the house shall 107 25 each determine the procurement procedures for the publication 107 26 of the bills and amendments and the distribution of the bills 107 27 and amendments for their respective bodies. 107 28 b. A bill that seeks to legalize the acts of any official 107 29 or board or other official body, in regard to any matter of 107 30 public nature or for any person or persons, company, or 107 31 corporation, shall not be considered by the senate or house of 107 32 representatives until the bill is published and distributed to 107 33 members of the general assembly, and the publication shall be 107 34 without expense to the state. The senate and house shall not 107 35 order any such bill published until the secretary of the 108 1 senate or chief clerk of the house has received a deposit to 108 2 cover the cost of the publication. The newspaper publication 108 3 of such bill shall be without expense to the state, and the 108 4 bill shall not be published in a newspaper until the costs of 108 5 the newspaper publication has been paid to the secretary of 108 6 state. 108 7 Sec. 103. Section 2.10, subsection 1, Code 2003, is 108 8 amended to read as follows: 108 9 1. Every member of the general assembly except the 108 10 presiding officer of the senate, the speaker of the house, the 108 11 majority and minority floor leader of each house, and the 108 12 president pro tempore of the senate and speaker pro tempore of 108 13 the house, shall receive an annual salary of twenty thousand 108 14 one hundred twenty dollars for the year 1997 and subsequent 108 15 years while serving as a member of the general assembly. In 108 16 addition, each such member shall receive the sum of eighty-six 108 17 dollars per day for expenses of office, except travel, for 108 18 each day the general assembly is in session commencing with 108 19 the first day of a legislative session and ending with the day 108 20 of final adjournment of each legislative session as indicated 108 21 by the journals of the house and senate, except that if the 108 22 length of the first regular session of the general assembly 108 23 exceeds one hundred ten calendar days and the second regular 108 24 session exceeds one hundred calendar days, the payments shall 108 25 be made only for one hundred ten calendar days for the first 108 26 session and one hundred calendar days for the second session. 108 27 Members from Polk county shall receive sixty-five dollars per 108 28 day. Each member shall receive a two hundred dollar per month 108 29 allowance for legislative district constituency postage, 108 30 travel, telephone costs, and other expenses. Travel expenses 108 31 shall be paid at the rate established by section18.1178A.363 108 32 for actual travel in going to and returning from the seat of 108 33 government by the nearest traveled route for not more than one 108 34 time per week during a legislative session unless the general 108 35 assembly otherwise provides. 109 1 Sec. 104. Section 2.43, unnumbered paragraph 1, Code 2003, 109 2 is amended to read as follows: 109 3 The legislative council in cooperation with the officers of 109 4 the senate and house shall have the duty and responsibility 109 5 for preparing for each session of the general assembly. 109 6 Pursuant to such duty and responsibility, the legislative 109 7 council shall assign the use of areas in the state capitol 109 8 except for the areas used by the governor as of January 1, 109 9 1986, and by the courts as ofNovember 1, 2002July 1, 2003, 109 10 and, in consultation with the director of the department of 109 11 general services and the capitol planning commission, may 109 12 assign areas in other state office buildings for use of the 109 13 general assembly or legislative agencies. The legislative 109 14 council may authorize the renovation, remodeling and 109 15 preparation of the physical facilities used or to be used by 109 16 the general assembly or legislative agencies subject to the 109 17 jurisdiction of the legislative council and award contracts 109 18 pursuant to such authority to carry out such preparation. The 109 19 legislative council may purchase supplies and equipment deemed 109 20 necessary for the proper functioning of the legislative branch 109 21 of government. 109 22 Sec. 105. Section 2.47A, subsection 1, paragraph c, Code 109 23 2003, is amended to read as follows: 109 24 c. Receive annual status reports for all ongoing capital 109 25 projects of state agencies, pursuant to section18.128A.321, 109 26 subsection1410. 109 27 Sec. 106. Section 7A.1, unnumbered paragraph 4, Code 2003, 109 28 is amended to read as follows: 109 29 This section shall not be construed as depriving thestate109 30printing administratordirector of the department of 109 31 administrative services of the right to edit and revise said 109 32 report. 109 33 Sec. 107. Section 7A.2, unnumbered paragraph 2, Code 2003, 109 34 is amended to read as follows: 109 35 Reports after being filed with the governor and considered 110 1 by the governor shall be delivered to thestate printing110 2administratordirector of the department of administrative 110 3 services. 110 4 Sec. 108. Section 7A.3, subsection 1, Code 2003, is 110 5 amended to read as follows: 110 6 1. Director ofrevenue and financethe department of 110 7 administrative services on the fiscal condition of the state. 110 8 Sec. 109. Section 7A.3, subsection 6, Code 2003, is 110 9 amended by striking the subsection. 110 10 Sec. 110. Section 7A.3, subsection 10, Code 2003, is 110 11 amended to read as follows: 110 12 10. Department ofgeneraladministrative services. 110 13 Sec. 111. Section 7A.14, unnumbered paragraph 1, Code 110 14 2003, is amended to read as follows: 110 15 The annual and biennial reports shall be published, 110 16 printed, and bound in such number as thestate printing110 17administratordirector of the department of administrative 110 18 services may order. The officials and heads of departments 110 19 shall furnish theadministratordirector with information 110 20 necessary to determine the number of copies to be printed. 110 21 Sec. 112. Section 7A.23, Code 2003, is amended to read as 110 22 follows: 110 23 7A.23 PRICE OF DEPARTMENTAL REPORTS. 110 24 Thestate printing administratordirector of the department 110 25 of administrative services shall establish and fix a selling 110 26 price for all state departmental reports and any other state 110 27 publications theadministratordirector may designate, which 110 28 price per volume shall be the amount charged any person, other 110 29 than public officials, who purchases the publication. The 110 30 price shall cover the cost of printing and distribution. The 110 31administratordirector may distribute gratis to state or local 110 32 public officials or offices, as theadministratordirector 110 33 deems necessary, copies of departmental annual reports. 110 34 Sec. 113. Section 7A.27, Code 2003, is amended to read as 110 35 follows: 111 1 7A.27 OTHER NECESSARY PUBLICATIONS – WHEN NECESSARY TO 111 2 SELL. 111 3There may be published otherOther miscellaneous documents, 111 4 reports, bulletins, books, and booklets may be published that 111 5 are needed for the use of the various officials and 111 6 departments of state, or are of value for the information of 111 7 the general assembly or the public, in form and number most 111 8 useful and convenient, to be determined by thestate printing111 9administratordirector of the department of administrative 111 10 services. 111 11 When such publications, except supplements to the Iowa 111 12 administrative code, paid for by public funds furnished by the 111 13 state, contain reprints of statutes or rules, or both, they 111 14 shall be sold and distributed at cost by the department 111 15 orderingsamethe publication if the cost per publication is 111 16 one dollar or more, unless a central library or depository is 111 17 established. Such publications shall be obtained from the 111 18state printing administratordirector of the department of 111 19 administrative services on requisition by the department 111 20 ordering the publication and the selling price, if any, shall 111 21 be determined by theadministratordirector of the department 111 22 of administrative services by dividing the total cost of 111 23 printing, paper, distribution, and binding by the number 111 24 printed.SaidThe price shall be set at the nearest multiple 111 25 of ten to the quotient thus obtained. Distribution of such 111 26 publications shall be made by theadministratordirector 111 27 gratis to public officers, purchasers of licenses from state 111 28 departments required by statute and departments. Funds from 111 29 the sale of such publications shall be deposited monthly in 111 30 the general fund of the state except the cost of distribution 111 31 shall be deposited in thepermanentprinting revolving fund 111 32 established in section18.578A.345. 111 33 Sec. 114. Section 7A.28, Code 2003, is amended to read as 111 34 follows: 111 35 7A.28 GOVERNOR MAY FIX FILING DATE. 112 1 The governor shall have the right to fix a date for the 112 2 completion of or filing of any copy or manuscript for any 112 3 miscellaneous document or other publication, or for any 112 4 portion of the manuscript, and to compel compliance with such 112 5 orders the same as in the case of the official reports. The 112 6state printing administratordirector of the department of 112 7 administrative services shall report to the governor any 112 8 failure to furnish manuscript or other delay affecting any 112 9 publication. 112 10 Sec. 115. Section 7A.29, Code 2003, is amended to read as 112 11 follows: 112 12 7A.29 TITLE PAGES – COMPLIMENTARY INSERTIONS. 112 13 Thestate printing administratordirector of the department 112 14 of administrative services shall provide the necessary 112 15 printer's copy for a suitable title page for each publication 112 16 requiring such title which shall contain the name of the 112 17 author, butnosuch title shall not have written or printed 112 18 thereon or attached thereto the words "Compliments of" 112 19 followed by the name of the author, nor any other words of 112 20 similar import. 112 21 Sec. 116. Section 7E.5, subsection 1, paragraph b, Code 112 22 2003, is amended to read as follows: 112 23 b. The department ofpersonneladministrative services, 112 24 created in section19A.18A.102, which has primary 112 25 responsibility forpersonnelthe management and coordination 112 26 of the major resources of state government. 112 27 Sec. 117. Section 7E.5, subsection 1, paragraph c, Code 112 28 2003, is amended by striking the paragraph. 112 29 Sec. 118. Section 7E.5, subsection 1, paragraph d, Code 112 30 2003, is amended to read as follows: 112 31 d. The department of revenueand finance, created in 112 32 section 421.2, which has primary responsibility for revenue 112 33 collection and revenue law compliance,financial management112 34and assistance,and the Iowa lottery. 112 35 Sec. 119. Section 7E.5, subsection 1, paragraph x, Code 113 1 2003, is amended by striking the paragraph. 113 2 Sec. 120. Section 7F.1, subsection 3, Code 2003, is 113 3 amended to read as follows: 113 4 3. OFFICE ESTABLISHED. A state-federal relations office 113 5 is established as an independent agency. The office shall be 113 6 located in Washington D.C. and shall be administered by the 113 7 director of the office who is appointed by the governor, 113 8 subject to confirmation by the senate, and who serves at the 113 9 pleasure of the governor. The office and its personnel are 113 10 exempt from the merit system provisions of chapter19A8A, 113 11 article 4. 113 12 Sec. 121. Section 8.31, unnumbered paragraph 6, Code 2003, 113 13 is amended to read as follows: 113 14 The procedure to be employed in controlling the 113 15 expenditures and receipts of the state fair board and the 113 16 institutions under the state board of regents, whose 113 17 collections are not deposited in the state treasury, is that 113 18 outlined in section421.318A.502, subsection69. 113 19 Sec. 122. Section 8.36A, Code 2003, is amended to read as 113 20 follows: 113 21 8.36A FULL-TIME EQUIVALENTPOSITIONPOSITIONS. 113 22 1. For purposes of making appropriations and financial 113 23 reports and as used in appropriations statutes, "full-time 113 24 equivalent position" means a budgeting and monitoring unit 113 25 that equates the aggregate of full-time positions, part-time 113 26 positions, a vacancy and turnover factor, and other 113 27 adjustments. One full-time equivalent position represents two 113 28 thousand eighty working hours, which is the regular number of 113 29 hours one full-time person works in one fiscal year. The 113 30 number of full-time equivalent positions shall be calculated 113 31 by totaling the regular number of hours that could be annually 113 32 worked by persons in all authorized positions, reducing those 113 33 hours by a vacancy and turnover factor and dividing that 113 34 amount by two thousand eighty hours. In order to achieve the 113 35 full-time equivalent position level, the number of filled 114 1 positions may exceed the number of full-time equivalent 114 2 positions during parts of the fiscal year to compensate for 114 3 time periods when the number of filled positions is below the 114 4 authorized number of full-time equivalent positions. 114 5 2. If a department or establishment has reached or 114 6 anticipates reaching the full-time equivalent position level 114 7 authorized for the department but determines that conversion 114 8 of a contract position to a full-time equivalent position 114 9 would result in cost savings while providing comparable or 114 10 better services, the department or establishment may request 114 11 the director of the department of management to approve the 114 12 conversion and addition of the full-time equivalent position. 114 13 The request shall be accompanied by evidence demonstrating how 114 14 the cost savings and service quality will be achieved through 114 15 the conversion. If approved by the director of the department 114 16 of management, the department's or establishment's authorized 114 17 full-time equivalent position level shall be increased 114 18 accordingly and the revised level shall be reported to the 114 19 fiscal committee of the legislative council and the 114 20 legislative fiscal bureau. 114 21 Sec. 123. Section 8.47, subsection 1, unnumbered paragraph 114 22 1, Code 2003, is amended to read as follows: 114 23 The department ofgeneraladministrative services, in 114 24 cooperation with the office of attorney general,and the 114 25 department of management,the department of personnel, and the114 26department of revenue and finance,shall adopt uniform terms 114 27 and conditions for service contracts executed by a department 114 28 or establishment benefiting from service contracts. The terms 114 29 and conditions shall include but are not limited to all of the 114 30 following: 114 31 Sec. 124. Section 8.47, subsection 2, Code 2003, is 114 32 amended to read as follows: 114 33 2. Departments or establishments, with the approval of the 114 34 department of management acting in cooperation with the office 114 35 of attorney general, the department of general services, the115 1department of personnel,and the department ofrevenue and115 2financeadministrative services, may adopt special terms and 115 3 conditions for use by the departments or establishments in 115 4 their service contracts. 115 5 Sec. 125. Section 8.63, Code 2003, is amended to read as 115 6 follows: 115 7 8.63 INNOVATIONS FUND. 115 8 1. An innovations fund is created in the state treasury 115 9 under the control of the department of management for the 115 10 purpose of stimulating and encouraging innovation and 115 11 entrepreneurship in state government by the awarding of 115 12 repayable loans to state agencies. 115 13 2. The director of the department of management shall 115 14 establish an eight-member committee to be called the state 115 15 innovations fund committee. The committee shall review all 115 16 requests for funds and approve loans of funds if the committee 115 17 determines that the loan meets the requirements for a project 115 18 loan or an enterprise loan as provided in this section. 115 19 3. A project loan can be funded if the committee 115 20 determines that an agency request would result in cost savings 115 21 or added revenue to the general fund of the state. Eligible 115 22 projects are projects which cannot be funded from an agency's 115 23 operating budget without adversely affecting the agency's 115 24 normal service levels. Projects may include, but are not 115 25 limited to, purchase of advanced technology, contracting for 115 26 expert services, and acquisition of equipment or supplies. 115 27 4. An enterprise loan can be funded if the committee 115 28 determines that the agency or business unit has a viable 115 29 business plan and the capability to use the loan to provide 115 30 internal services to government. The enterprise is expected 115 31 to receive payment for services from its customers and use 115 32 those payments to cover its expenses, including repayment of 115 33 the loan. 115 343.5. A state agency seeking a loan from the innovations 115 35 fund shall complete an application form designed by the state 116 1 innovations fund committee which employs, for projects, a 116 2 return on investment concept and demonstrates how state 116 3 general fund expenditures will be reduced or how state general 116 4 fund revenues will increase, or, for enterprises, a business 116 5 plan that shows how the enterprise will meet customer needs, 116 6 provide value to customers, and demonstrate financial 116 7 viability. Minimum loan requirements for state agency 116 8 requests shall be determined by the committee. As an 116 9 incentive to increase state general fund revenues, an agency 116 10 may retain up to fifty percent of savings realized in 116 11 connection with a project loan from the innovations fund. The 116 12 amount retained shall be determined by the innovations fund 116 13 committee. 116 144.6. a. In order for the innovations fund to be self- 116 15 supporting, the innovations fund committee shall establish 116 16 repayment schedules for eachinnovationinnovations fund loan 116 17 awarded. Agencies shall repay the funds over a period not to 116 18 exceed five years with interest, at a rate to be determined by 116 19 the innovations fund committee. 116 20 b. If the department of management and the department of 116 21 revenueand financecertify that the savings from a proposed 116 22 innovations fund project will result in a net increase in the 116 23 balance of the general fund of the state without a 116 24 corresponding cost savings to the requesting agency, and if 116 25 the requesting agency meets all other eligibility 116 26 requirements, the innovations fund committee may approve the 116 27 loan for the project and not require repayment by the 116 28 requesting agency. There is appropriated from the general 116 29 fund of the state to the department ofrevenue and finance116 30 management for deposit in the innovations fund an amount 116 31 sufficient to repay the loan amount. 116 325.7. Notwithstanding section 12C.7, subsection 2, 116 33 interest or earnings on moneys deposited in the innovations 116 34 fund shall be credited to the innovations fund. 116 35 Notwithstanding section 8.33, moneys remaining in the 117 1 innovations fund at the end of a fiscal year shall not revert 117 2 to the general fund of the state. 117 3 Sec. 126. Section 8D.4, Code 2003, is amended to read as 117 4 follows: 117 5 8D.4 EXECUTIVE DIRECTOR APPOINTED. 117 6 The commission, in consultation with the director of the 117 7 department of administrative services shall appoint an 117 8 executive director of the commission, subject to confirmation 117 9 by the senate. Such individual shall not serve as a member of 117 10 the commission. The executive director shall serve at the 117 11 pleasure of the commission. The executive director shall be 117 12 selected primarily for administrative ability and knowledge in 117 13 the field, without regard to political affiliation. The 117 14 governor shall establish the salary of the executive director 117 15 within range nine as established by the general assembly. The 117 16 salary and support of the executive director shall be paid 117 17 from funds deposited in the Iowa communications network fund. 117 18 Sec. 127. Section 9.3, Code 2003, is amended to read as 117 19 follows: 117 20 9.3 COMMISSIONS. 117 21 All commissions issued by the governor shall be 117 22 countersigned by the secretary, who shall register each 117 23 commission in a book to be kept for that purpose, specifying 117 24 the office, name of officer, date of commission, and tenure of 117 25 office, and forthwith forward to the directors of the 117 26 departments of management and ofrevenue and finance117 27 administrative services copies of the registration. 117 28 Sec. 128. Section 10A.104, subsection 2, Code 2003, is 117 29 amended to read as follows: 117 30 2. Appoint the administrators of the divisions within the 117 31 department and all other personnel deemed necessary for the 117 32 administration of this chapter, except the state public 117 33 defender, assistant state public defenders, administrator of 117 34 the racing and gaming commission, members of the employment 117 35 appeal board, and administrator of the child advocacy board 118 1 created in section 237.16. All persons appointed and employed 118 2 in the department are covered by the provisions of chapter19A118 3 8A, article 4, but persons not appointed by the director are 118 4 exempt from the merit system provisions of chapter19A8A, 118 5 article 4. 118 6 Sec. 129. Section 10A.601, subsections 1 and 7, Code 2003, 118 7 are amended to read as follows: 118 8 1. A full-time employment appeal board is created within 118 9 the department of inspections and appeals to hear and decide 118 10 contested cases under chapter 8A, article 4, and chapters19A,118 11 80, 88, 89A, 91C, 96, and 97B. 118 12 7. An application for rehearing before the appeal board 118 13 shall be filed pursuant to section 17A.16, unless otherwise 118 14 provided in chapter19A,8A, article 4, or chapter 80, 88, 118 15 89A, 91C, 96, or 97B. A petition for judicial review of a 118 16 decision of the appeal board shall be filed pursuant to 118 17 section 17A.19. The appeal board may be represented in any 118 18 such judicial review by an attorney who is a regular salaried 118 19 employee of the appeal board or who has been designated by the 118 20 appeal board for that purpose, or at the appeal board's 118 21 request, by the attorney general. Notwithstanding the 118 22 petitioner's residency requirement in section 17A.19, 118 23 subsection 2, a petition for judicial review may be filed in 118 24 the district court of the county in which the petitioner was 118 25 last employed or resides, provided that if the petitioner does 118 26 not reside in this state, the action shall be brought in the 118 27 district court of Polk county, Iowa, and any other party to 118 28 the proceeding before the appeal board shall be named in the 118 29 petition. Notwithstanding the thirty-day requirement in 118 30 section 17A.19, subsection 6, the appeal board shall, within 118 31 sixty days after filing of the petition for judicial review or 118 32 within a longer period of time allowed by the court, transmit 118 33 to the reviewing court the original or a certified copy of the 118 34 entire records of a contested case. The appeal board may also 118 35 certify to the court, questions of law involved in any 119 1 decision by the appeal board. Petitions for judicial review 119 2 and the questions so certified shall be given precedence over 119 3 all other civil cases except cases arising under the workers' 119 4 compensation law of this state. No bond shall be required for 119 5 entering an appeal from any final order, judgment, or decree 119 6 of the district court to the supreme court. 119 7 Sec. 130. Section 10A.801, subsection 3, paragraph a, Code 119 8 2003, is amended to read as follows: 119 9 a. The department shall employ a sufficient number of 119 10 administrative law judges to conduct proceedings for which 119 11 agencies are required, by section 17A.11 or any other 119 12 provision of law, to use an administrative law judge employed 119 13 by the division. An administrative law judge employed by the 119 14 division shall not perform duties inconsistent with the 119 15 judge's duties and responsibilities as an administrative law 119 16 judge and shall be located in an office that is separated from 119 17 the offices of the agencies for which that person acts as a 119 18 presiding officer. Administrative law judges shall be covered 119 19 by the merit system provisions of chapter19A8A, article 4. 119 20 Sec. 131. Section 11.2, subsection 1, unnumbered paragraph 119 21 3, Code 2003, is amended to read as follows: 119 22 Provided further, that a preliminary audit of the 119 23 educational institutions and the state fair board shall be 119 24 made periodically, at least quarterly, to check the monthly 119 25 reports submitted to the director ofrevenue and financethe 119 26 department of administrative services as required by section 119 27421.318A.502, subsection49, and that a final audit of such 119 28 state agencies shall be made at the close of each fiscal year. 119 29 Sec. 132. Section 12E.8, subsection 2, Code 2003, is 119 30 amended to read as follows: 119 31 2. The authority is exempt from the requirements of 119 32 chapter188A, article 3. 119 33 Sec. 133. Section 13.13, subsection 2, Code 2003, is 119 34 amended to read as follows: 119 35 2. The farm assistance program coordinator shall contract 120 1 with a nonprofit organization chartered in this state to 120 2 provide mediation services as provided in chapters 654A, 654B, 120 3 and 654C. The contract may be terminated by the coordinator 120 4 upon written notice and for good cause. The organization 120 5 awarded the contract is designated as the farm mediation 120 6 service for the duration of the contract. The organization 120 7 may, upon approval by the coordinator, provide mediation 120 8 services other than as provided by law. The farm mediation 120 9 service is not a state agency for the purposes of chapter 8A, 120 10 article 4, and chapters19A,20,and 669. 120 11 Sec. 134. Section 13.22, subsection 6, Code 2003, is 120 12 amended to read as follows: 120 13 6. Cooperate to the fullest extent feasible with the 120 14 existing informational and referral networks among farmers, 120 15 farmer advocates, and others concerned with the economic 120 16 crisis in agricultural areas. The legal services provider is 120 17 not a state agency for the purposes of chapter 8A, article 4, 120 18 and chapters19A,20,and 669. 120 19 Sec. 135. Section 13.34, subsection 4, Code 2003, is 120 20 amended to read as follows: 120 21 4. The contracting nonprofit organization is not a state 120 22 agency for the purposes of chapter 8A, article 4, and chapters 120 2319A,20,and 669. 120 24 Sec. 136. Section 13B.5, Code 2003, is amended to read as 120 25 follows: 120 26 13B.5 STAFF. 120 27 The state public defender may appoint assistant state 120 28 public defenders who, subject to the direction of the state 120 29 public defender, shall have the same duties as the state 120 30 public defender and shall not engage in the private practice 120 31 of law. The salaries of the staff shall be fixed by the state 120 32 public defender. The state public defender and the state 120 33 public defender's staff shall receive actual and necessary 120 34 expenses, including travel at the state rate set forth in 120 35 section18.1178A.363. 121 1 Sec. 137. Section 15.106, subsection 2, Code 2003, is 121 2 amended to read as follows: 121 3 2. Employ personnel as necessary to carry out the duties 121 4 and responsibilities of the department, consistent with the 121 5 merit system provisions of chapter19A8A, article 4, for 121 6 nonprofessional employees. Professional staff of the 121 7 department are exempt from the merit system provisions of 121 8 chapter19A8A, article 4. 121 9 Sec. 138. Section 15.108, subsection 9, paragraph c, Code 121 10 2003, is amended to read as follows: 121 11 c. Except as otherwise provided in sections7D.338A.110, 121 12 260C.14, and 262.9, provide that an inventor whose research is 121 13 funded in whole or in part by the state shall assign to the 121 14 state a proportionate part of the inventor's rights to a 121 15 letter patent resulting from that research. Royalties or 121 16 earnings derived from a letter patent shall be paid to the 121 17 treasurer of state and credited by the treasurer to the 121 18 general fund of the state. However, the department in 121 19 conjunction with other state agencies, including the board of 121 20 regents, shall provide incentives to inventors whose research 121 21 is funded in whole or in part by the state for having their 121 22 products produced in the state. These incentives may include 121 23 taking a smaller portion of the inventor's royalties or 121 24 earnings than would otherwise occur under this paragraph or 121 25 other provisions of the law. 121 26 Sec. 139. Section 16.2, subsection 1, unnumbered paragraph 121 27 2, Code 2003, is amended to read as follows: 121 28 A title guaranty division is created within the authority. 121 29 The powers of the division relating to the issuance of title 121 30 guaranties are vested in and shall be exercised by a division 121 31 board of five members appointed by the governor subject to 121 32 confirmation by the senate. The membership of the board shall 121 33 include an attorney, an abstractor, a real estate broker, a 121 34 representative of a mortgage-lender, and a representative of 121 35 the housing development industry. The executive director of 122 1 the authority shall appoint an attorney as director of the 122 2 title guaranty division who shall serve as an ex officio 122 3 member of the board. The appointment of and compensation for 122 4 the division director are exempt from the merit system 122 5 provisions of chapter19A8A, article 4. 122 6 Sec. 140. Section 16A.5, subsection 2, Code 2003, is 122 7 amended to read as follows: 122 8 2. The executive director is a nonvoting ex officio member 122 9 of the board, and shall advise the authority on matters 122 10 relating to finance, carry out all directives from the 122 11 authority, and hire and supervise the authority's staff 122 12 pursuant to its directions and under the merit system 122 13 provisions of chapter19A8A, article 4, except that principal 122 14 administrative assistants with responsibilities in operating 122 15 loan programs, accounting, and processing of applications for 122 16 interest reduction are exempt from the merit system. 122 17 Sec. 141. Section 17A.6, subsection 5, Code 2003, is 122 18 amended to read as follows: 122 19 5. The Iowa administrative code, its supplements, and the 122 20 Iowa administrative bulletin shall be made available upon 122 21 request to all persons who subscribe to any of themthrough122 22the state printing division.Copies of this code so made122 23available shall be kept current by the division.122 24 Sec. 142. Section 19B.5, subsection 2, Code 2003, is 122 25 amended to read as follows: 122 26 2. The department ofpersonneladministrative services 122 27 shall submit a report on the condition of affirmative action, 122 28 diversity, and multicultural programs in state agencies 122 29 covered by subsection 1 by September 30 of each year to the 122 30 governor and the general assembly.The report shall include122 31information identifying funding sources and itemized costs,122 32including administrative costs, for these programs.122 33 Sec. 143. Section 19B.12, subsection 4, Code 2003, is 122 34 amended to read as follows: 122 35 4. The department ofpersonneladministrative services for 123 1 all state agencies, and the state board of regents for its 123 2 institutions, shall adopt rules and appropriate internal, 123 3 confidential grievance procedures to implement this section, 123 4 and shall adopt procedures for determining violations of this 123 5 section and for ordering appropriate dispositions that may 123 6 include, but are not limited to, discharge, suspension, or 123 7 reduction in rank or grade as defined in section19A.98A.413, 123 8 subsection 16. 123 9 Sec. 144. Section 20.5, subsection 4, Code 2003, is 123 10 amended to read as follows: 123 11 4. The board may employ such persons as are necessary for 123 12 the performance of its functions. Personnel of the board 123 13 shall be employed pursuant to the provisions of chapter19A123 14 8A, article 4. 123 15 Sec. 145. Section 20.18, unnumbered paragraph 2, Code 123 16 2003, is amended to read as follows: 123 17 Public employees of the state or public employees covered 123 18 by civil service shall follow either the grievance procedures 123 19 provided in a collective bargaining agreement, or in the event 123 20 that grievance procedures are not provided, shall follow 123 21 grievance procedures established pursuant to chapter19A8A, 123 22 article 4, or chapter 400, as applicable. 123 23 Sec. 146. Section 23A.2, subsection 10, paragraph o, Code 123 24 2003, is amended to read as follows: 123 25 o. The performance of an activity authorized pursuant to 123 26 section14B.1028A.202, subsection 2, paragraph"l""k". 123 27 Sec. 147. Section 29A.13, Code 2003, is amended to read as 123 28 follows: 123 29 29A.13 APPROPRIATED FUNDS. 123 30 Operating expenses for the national guard including the 123 31 purchase of land, maintenance of facilities, improvement of 123 32 state military reservations, installations, and weapons firing 123 33 ranges owned or leased by the state of Iowa or the United 123 34 States shall be paid from funds appropriated for the support 123 35 and maintenance of the national guard. Claims for payment of 124 1 such expenses shall be subject to the approval of the adjutant 124 2 general. Upon approval of the adjutant general the claim 124 3 shall be submitted to the director ofrevenue and finance in124 4accordance with the procedures established by the director of124 5revenue and finance under chapter 421the department of 124 6 administrative services. 124 7 Payment for personnel compensation and authorized benefits 124 8 shall be approved by the adjutant general prior to submission 124 9 to the director ofrevenue and financethe department of 124 10 administrative services for payment. 124 11 Sec. 148. Section 35A.8, subsection 3, Code 2003, is 124 12 amended to read as follows: 124 13 3. Except for the employment duties and responsibilities 124 14 assigned to the commandant for the Iowa veterans home, the 124 15 executive director shall employ such personnel as are 124 16 necessary for the performance of the duties and 124 17 responsibilities assigned to the commission. All employees 124 18 shall be selected on a basis of fitness for the work to be 124 19 performed with due regard to training and experience and shall 124 20 be subject to the provisions of chapter19A8A, article 4. 124 21 Sec. 149. Section 35A.10, Code 2003, is amended to read as 124 22 follows: 124 23 35A.10 MULTIYEAR CONSTRUCTION PROGRAM – CONSTRUCTION, 124 24 REPAIR, AND IMPROVEMENT PROJECTS. 124 25 1. The commission shall work with the department of 124 26generaladministrative services to prepare and submit to the 124 27 director of the department of management, as provided in 124 28 section 8.23, a multiyear construction program including 124 29 estimates of the expenditure requirements for the 124 30 construction, repair, or improvement of buildings, grounds, or 124 31 equipment at the commission of veterans affairs building at 124 32 Camp Dodge and the Iowa veterans home in Marshalltown. 124 33 2. The commandant and the commission shall have plans and 124 34 specifications prepared by the department ofgeneral124 35 administrative services for authorized construction, repair, 125 1 or improvement projects in excess of twenty-five thousand 125 2 dollars. An appropriation for a project shall not be expended 125 3 until the department ofgeneraladministrative services has 125 4 adopted plans and specifications and has completed a detailed 125 5 estimate of the cost of the project, prepared under the 125 6 supervision of a registered architect or registered 125 7 professional engineer. 125 8 3. The director of the department ofgeneral125 9 administrative services shall, in writing, let all contracts 125 10 for authorized improvements in excess of twenty-five thousand 125 11 dollars in accordance with chapter188A, article 3. The 125 12 director of the department ofgeneraladministrative services 125 13 shall not authorize payment for construction purposes until 125 14 satisfactory proof has been furnished by the proper officer or 125 15 supervising architect that the parties have complied with the 125 16 contract. 125 17 Sec. 150. Section 35D.14, unnumbered paragraph 1, Code 125 18 2003, is amended to read as follows: 125 19 The commandant or the commandant's designee shall employ 125 20 such personnel as are necessary for the performance of the 125 21 duties and responsibilities assigned to the commandant. All 125 22 employees shall be selected on a basis of fitness for the work 125 23 to be performed with due regard to training and experience and 125 24 shall be subject to the provisions of chapter19A8A, article 125 25 4. 125 26 Sec. 151. Section 42.1, subsection 5, paragraph b, Code 125 27 2003, is amended to read as follows: 125 28 b. An elective office in the executive or legislative 125 29 branch of the government of this state, or an office which is 125 30 filled by appointment and is exempt from the merit system 125 31 under section19A.38A.412. 125 32 Sec. 152. Section 47.8, subsection 3, unnumbered paragraph 125 33 2, Code 2003, is amended to read as follows: 125 34 The commission may authorize the registrar to employ such 125 35 additional staff personnel as it deems necessary to permit the 126 1 duties of the registrar's office to be adequately and promptly 126 2 discharged. Such personnel shall be employed pursuant to 126 3 chapter19A8A, article 4. 126 4 Sec. 153. Section 55.1, unnumbered paragraph 2, Code 2003, 126 5 is amended to read as follows: 126 6 A leave of absence for a person regularly employed pursuant 126 7 to chapter19A8A, article 4, is subject to section19A.18126 8 8A.416. 126 9 Sec. 154. Section 55.4, unnumbered paragraph 1, Code 2003, 126 10 is amended to read as follows: 126 11 Any public employee who becomes a candidate for any 126 12 elective public office shall, upon request of the employee and 126 13 commencing any time within thirty days prior to a contested 126 14 primary, special, or general election and continuing until 126 15 after the day following that election, automatically be given 126 16 a period of leave. If the employee is under chapter19A8A, 126 17 article 4, the employee may choose to use accrued vacation 126 18 leave, accrued compensatory leave or leave without pay to 126 19 cover these periods. The appointing authority may authorize 126 20 other employees to use accrued vacation leave or accrued 126 21 compensatory leave instead of leave without pay to cover these 126 22 periods. An employee who is a candidate for any elective 126 23 public office shall not campaign while on duty as an employee. 126 24 Sec. 155. Section 68B.32, subsection 5, Code 2003, is 126 25 amended to read as follows: 126 26 5. The board shall employ a full-time executive director 126 27 who shall be the board's chief administrative officer. The 126 28 board shall employ or contract for the employment of legal 126 29 counsel notwithstanding section 13.7, and any other personnel 126 30 as may be necessary to carry out the duties of the board. The 126 31 board's legal counsel shall be the chief legal officer of the 126 32 board, and shall advise the board on all legal matters 126 33 relating to the administration of this chapter and chapter 56. 126 34 The state may be represented by the board's legal counsel in 126 35 any civil action regarding the enforcement of this chapter or 127 1 chapter 56, or, at the board's request, the state may be 127 2 represented by the office of the attorney general. 127 3 Notwithstanding section19A.38A.412, all of the board's 127 4 employees, except for the executive director and legal 127 5 counsel, shall be employed subject to the merit system 127 6 provisions of chapter19A8A, article 4. The salary of the 127 7 executive director shall be fixed by the board, within the 127 8 range established by the general assembly. The salary of the 127 9 legal counsel shall be fixed by the board, within a salary 127 10 range established by the department of personnel for a 127 11 position requiring similar qualifications and experience. 127 12 Sec. 156. Section 70A.38, subsection 8, Code 2003, is 127 13 amended to read as follows: 127 14 8. This section is repealed June 30,20032008. 127 15 Sec. 157. Section 84A.7, subsection 5, Code 2003, is 127 16 amended to read as follows: 127 17 5. PARTICIPANT ELIGIBILITY. Notwithstanding any contrary 127 18 provision ofchapters 19Achapter 8A, article 4, and chapter 127 19 96, a person employed through an Iowa conservation corps 127 20 program shall be exempt from merit system requirements and 127 21 shall not be eligible to receive unemployment compensation 127 22 benefits. 127 23 Sec. 158. Section 86.2, subsection 1, Code 2003, is 127 24 amended to read as follows: 127 25 1. Chief deputy workers' compensation commissioners for 127 26 whose acts the commissioner is responsible, who are exempt 127 27 from the merit system provisions of chapter19A8A, article 4, 127 28 and who shall serve at the pleasure of the commissioner. 127 29 Sec. 159. Section 88.2, subsection 3, Code 2003, is 127 30 amended to read as follows: 127 31 3. Personnel administering the chapter shall be employed 127 32 pursuant to chapter19A8A, article 4. 127 33 Sec. 160. Section 88A.6, Code 2003, is amended to read as 127 34 follows: 127 35 88A.6 PERSONNEL. 128 1 The commissioner may employ inspectors and any other 128 2 personnel deemed necessary to carry out the provisions of this 128 3 chapter, subject to the provisions of chapter19A8A, article 128 4 4. 128 5 Sec. 161. Section 89.1, unnumbered paragraph 1, Code 2003, 128 6 is amended to read as follows: 128 7 The labor commissioner shall enforce the provisions of this 128 8 chapter and may employ qualified personnel under the 128 9 provisions of chapter19A8A, article 4, to administer the 128 10 provisions of this chapter. 128 11 Sec. 162. Section 89A.4, Code 2003, is amended to read as 128 12 follows: 128 13 89A.4 COMMISSIONER'S DUTIES AND PERSONNEL. 128 14 The commissioner shall enforce the provisions of this 128 15 chapter. The commissioner shall employ personnel for the 128 16 administration of this chapter pursuant to chapter19A8A, 128 17 article 4. 128 18 Sec. 163. Section 91A.9, subsection 3, Code 2003, is 128 19 amended to read as follows: 128 20 3. The commissioner may employ such qualified personnel as 128 21 are necessary for the enforcement of this chapter. Such 128 22 personnel shall be employed pursuant to chapter19A8A, 128 23 article 4. 128 24 Sec. 164. Section 96.11, subsection 16, Code 2003, is 128 25 amended to read as follows: 128 26 16. Reimbursement of setoff costs. The department shall 128 27 include in the amount set off in accordance with section 128 28421.17, subsection 298A.504, for the collection of an 128 29 overpayment created pursuant to section 96.3, subsection 7, or 128 30 section 96.16, subsection 4, an additional amount for the 128 31 reimbursement of setoff costs incurred by the department of 128 32revenue and financeadministrative services. 128 33 Sec. 165. Section 97.51, subsection 1, Code 2003, is 128 34 amended to read as follows: 128 35 1. The treasurer of state is the custodian and trustee of 129 1 this fund and shall administer the fund in accordance with the 129 2 directions of thedepartment of personnelIowa public 129 3 employees' retirement system created in section 97B.1. It is 129 4 the duty of the trustee: 129 5 a. To hold said trust funds. 129 6 b. Under the direction of the department and as designated 129 7 by the department, invest such portion of said trust funds as 129 8 are not needed for current payment of benefits, in interest- 129 9 bearing securities issued by the United States, or interest- 129 10 bearing bonds issued by the state of Iowa, or bonds issued by 129 11 counties, school districts or general obligations or limited 129 12 levy bonds issued by municipal corporations in this state as 129 13 authorized by law; also to sell and dispose of same when 129 14 needed for the payment of benefits. 129 15 c. To disburse the trust funds upon warrants drawn by the 129 16 director of revenue and finance pursuant to the order of the 129 17department of personnelIowa public employees' retirement 129 18 system created in section 97B.1. 129 19 Sec. 166. Section 97.51, subsection 3, Code 2003, is 129 20 amended to read as follows: 129 21 3. Thedepartment of personnelIowa public employees' 129 22 retirement system created in section 97B.1 shall administer 129 23 the Iowa old-age and survivors' insurance liquidation fund and 129 24 shall also administer all other provisions of this chapter. 129 25 Sec. 167. Section 97.52, Code 2003, is amended to read as 129 26 follows: 129 27 97.52 ADMINISTRATION AGREEMENTS. 129 28 Thedepartment of personnelIowa public employees' 129 29 retirement system created in section 97B.1 may enter into 129 30 agreements whereby services performed by thedepartmentsystem 129 31 and its employees under chapters 97, 97B, and 97C shall be 129 32 equitably apportioned among the funds provided for the 129 33 administration of those chapters. The money spent for 129 34 personnel, rentals, supplies, and equipment used by the 129 35departmentsystem in administering the chapters shall be 130 1 equitably apportioned and charged against the funds. 130 2 Sec. 168. Section 97A.5, subsections 5 and 6, Code 2003, 130 3 are amended to read as follows: 130 4 5. STAFF. The department ofpersonnelpublic safety shall 130 5 provide administrative services to the board of trustees. 130 6 Investments shall be administered through the office of the 130 7 treasurer of state. 130 8 6. DATA – RECORDS – REPORTS. 130 9 a. The department ofpersonnelpublic safety shall keep in 130 10 convenient form the data necessary for actuarial valuation of 130 11 the various funds of the system and for checking the expense 130 12 of the system. Thedirector of the departmentcommissioner of 130 13personnelpublic safety shall keep a record of all the acts 130 14 and proceedings of the board, which records shall be open to 130 15 public inspection. The board of trustees shall biennially 130 16 make a report to the general assembly showing the fiscal 130 17 transactions of the system for the preceding biennium, the 130 18 amount of the accumulated cash and securities of the system, 130 19 and the last balance sheet showing the financial condition of 130 20 the system by means of an actuarial valuation of the assets 130 21 and liabilities of the system. 130 22 b. Thedirector of the departmentcommissioner of 130 23personnelpublic safety shall maintain records, including but 130 24 not limited to names, addresses, ages, and lengths of service, 130 25 salaries and wages, contributions, designated beneficiaries, 130 26 benefit amounts, if applicable, and other information 130 27 pertaining to members as necessary in the administration of 130 28 this chapter, as well as the names, addresses, and benefit 130 29 amounts of beneficiaries. For the purpose of obtaining these 130 30 facts, thedirectorcommissioner ofpersonnelpublic safety 130 31 shall have access to the records of the various departments of 130 32 the state and the departments shall provide such information 130 33 upon request. Member and beneficiary records containing 130 34 personal information are not public records for the purposes 130 35 of chapter 22. However, summary information concerning the 131 1 demographics of the members and general statistical 131 2 information concerning the system is subject to chapter 22, as 131 3 well as aggregate information by category. 131 4 Sec. 169. Section 97A.7, subsection 4, Code 2003, is 131 5 amended to read as follows: 131 6 4. A member of the board of trustees or an employee of the 131 7 department ofpersonnelpublic safety shall not have a direct 131 8 interest in the gains or profits of any investment made by the 131 9 board of trustees. A trustee shall not receive any pay or 131 10 emolument for the trustee's services. A trustee or employee 131 11 of the department ofpersonnelpublic safety shall not 131 12 directly or indirectly use the assets of the system except to 131 13 make current and necessary payments as authorized by the board 131 14 of trustees, nor shall a trustee or employee of the department 131 15 ofpersonnelpublic safety become an endorser or surety or 131 16 become in any manner an obligor for moneys loaned by or 131 17 borrowed from the board of trustees. 131 18 Sec. 170. Section 97B.1, Code 2003, is amended to read as 131 19 follows: 131 20 97B.1 SYSTEM CREATED – ORGANIZATIONAL DEFINITIONS. 131 21 1. The "Iowa Public Employees' Retirement System" is 131 22createdestablished as an independent agency within the 131 23 executive branch of state government. The Iowa public 131 24 employees' retirement systemdivision, a separate and distinct131 25division within the department of personnel,shall administer 131 26 the retirement system established under this chapter. 131 27 2. As used in this chapter, unless the context requires 131 28 otherwise: 131 29 a. "Board" means the investment board created by section 131 30 97B.8A. 131 31 b. "Chief executive officer" means the chief executive 131 32 officer of the Iowa public employees' retirement system 131 33division, notwithstanding section 7E.2, subsection 3,131 34paragraph "c", subparagraph (1). 131 35 c. "Committee" means the benefits advisory committee 132 1 created by section 97B.8B. 132 2d. "Division" means the Iowa public employees' retirement132 3system division.132 4e.d. "System" means the Iowa public employees' retirement 132 5 system. 132 6 Sec. 171. Section 97B.1A, subsection 23, Code 2003, is 132 7 amended to read as follows: 132 823.19A."System""Retirement system" means the retirement 132 9 plan as containedhereinin this chapter or as duly amended. 132 10 Sec. 172. Section 97B.4, subsection 2, paragraph c, Code 132 11 2003, is amended to read as follows: 132 12 c. In administering this chapter, thedivision shall132 13 system may enter into a biennial agreement with the department 132 14 ofpersonneladministrative services concerning the sharing of 132 15 resources between thedivisionsystem and department which are 132 16 of benefit to each and which are consistent with the mission 132 17 of thedivisionsystem and the department. The budget program 132 18 for thedivisionsystem shall be established by the chief 132 19 executive officer in consultation with the board and other 132 20 staff of thedivisionsystem and shall be compiledby the132 21department of personnel in collaboration with the divisionand 132 22 submittedon behalf of the divisionby thedepartmentsystem 132 23 pursuant to section 8.23. 132 24 Sec. 173. Section 97B.4, subsection 3, paragraphs a, b, c, 132 25 and d, Code 2003, are amended to read as follows: 132 26 a. CHIEF INVESTMENT OFFICER. The chief executive officer, 132 27 following consultation with the board, shall employ a chief 132 28 investment officer who shall be appointed pursuant to chapter 132 2919A8A, article 4, and shall be responsible for administering 132 30 the investment program for the retirement fund pursuant to the 132 31 investment policies of the board. 132 32 b. CHIEF BENEFITS OFFICER. The chief executive officer, 132 33 following consultation with the benefits advisory committee, 132 34 shall employ a chief benefits officer who shall be appointed 132 35 pursuant to chapter19A8A, article 4, and shall be 133 1 responsible for administering the benefits and other services 133 2 provided under the retirement system. 133 3 c. ACTUARY. Thedivisionsystem shall employ an actuary 133 4 who shall be selected by the board and shall serve at the 133 5 pleasure of the board. The actuary shall be the technical 133 6 advisor for the system on matters regarding the operation of 133 7 the retirement fund. 133 8 d.DIVISIONSYSTEM EMPLOYEES. Subject to other provisions 133 9 of this chapter, thedivisionsystem may employ all other 133 10 personnel as necessary for the administration of the 133 11 retirement system. The maximum number of full-time equivalent 133 12 employees specified by the general assembly for thedivision133 13 system for administration of the retirement system for a 133 14 fiscal year shall not be reduced by any authority other than 133 15 the general assembly. The personnel of thedivisionsystem 133 16 shall be appointed pursuant to chapter19A8A, article 4. The 133 17divisionsystem shall not appoint or employ a person who is an 133 18 officer or committee member of a political party organization 133 19 or who holds or is a candidate for a partisan elective public 133 20 office. 133 21 Sec. 174. Section 97B.7A, subsection 5, Code 2003, is 133 22 amended to read as follows: 133 23 5. TRAVEL. In the administration of the investment of 133 24 moneys in the retirement fund, employees of thedivision133 25 system and members of the board may travel outside the state 133 26 for the purpose of meeting with investment firms and 133 27 consultants and attending conferences and meetings to fulfill 133 28 their fiduciary responsibilities. This travel is not subject 133 29 to section421.388A.512, subsection 2. 133 30 Sec. 175. Section 97B.43, unnumbered paragraph 1, Code 133 31 2003, is amended to read as follows: 133 32 Each member in service on July 4, 1953, who made 133 33 contributions under the abolished system, and who has not 133 34 applied for and qualified for benefit payments under the 133 35 abolished system, shall receive credit for years of prior 134 1 service in the determination of retirement allowance payments 134 2 under this chapter, if the member elects to become a member on 134 3 or before October 1, 1953, the member has not made application 134 4 for a refund of the part of the member's contributions under 134 5 the abolished system which are payable under sections 97.50 to 134 6 97.53, and the member gives written authorization prior to 134 7 October 1, 1953, to the commission to credit to the retirement 134 8 fund the amount of the member's contribution which would be 134 9 subject to a claim for refund. The amount so credited shall, 134 10 after transfer, be considered as a contribution to the 134 11 retirement system made as of July 4, 1953, by the member and 134 12 shall be included in the determination of the amount of moneys 134 13 payable under this chapter. However, an employee who was 134 14 under a contract of employment as a teacher in the public 134 15 schools of the state of Iowa at the end of the school year 134 16 1952-1953, or any person covered by section 97B.1A, subsection 134 17 20, paragraph "c" or "d", shall be considered as in service as 134 18 of July 4, 1953, if they were members of the abolished system. 134 19 Sec. 176. Section 97B.49B, subsection 1, paragraph e, 134 20 subparagraph (3), Code 2003, is amended to read as follows: 134 21 (3) A correctional officer or correctional supervisor 134 22 employed by the Iowa department of corrections, and any other 134 23 employee of that department whose primary purpose is, through 134 24 ongoing direct inmate contact, to enforce and maintain 134 25 discipline, safety, and security within a correctional 134 26 facility. The Iowa department of corrections and the 134 27personnel division of thedepartment ofpersonnel134 28 administrative services shall jointly determine which job 134 29 classifications are covered under this subparagraph. 134 30 Sec. 177. Section 97B.49B, subsection 1, paragraph e, 134 31 subparagraph (7), Code 2003, is amended to read as follows: 134 32 (7) An employee covered by the merit system as provided in 134 33 chapter19A8A, article 4, whose primary duty is providing 134 34 airport security and who carries or is licensed to carry a 134 35 firearm while performing those duties. 135 1 Sec. 178. Section 97B.49F, subsection 2, paragraph c, 135 2 subparagraph (5), Code 2003, is amended to read as follows: 135 3 (5) As used in this paragraph, "favorable actuarial 135 4 experience" means the difference, if positive, between the 135 5 anticipated and actual experience of the retirement system's 135 6 actuarial assets and liabilities as measured by the system's 135 7 actuary in the most recent annual actuarial valuation of the 135 8 retirement system pursuant to rules adopted by thedivision135 9 system. 135 10 Sec. 179. Section 97B.50, subsection 2, paragraph c, Code 135 11 2003, is amended to read as follows: 135 12 c. A vested member who terminated service due to a 135 13 disability, who has been issued payment for a refund pursuant 135 14 to section 97B.53, and who subsequently commences receiving 135 15 disability benefits as a result of that disability pursuant to 135 16 the federal Social Security Act, 42 U.S.C. } 423 et seq. or 135 17 the federal Railroad Retirement Act, 45 U.S.C. } 231 et seq., 135 18 may receive credit for membership service for the period 135 19 covered by the refund payment, upon repayment to thedivision135 20 system of the actuarial cost of receiving service credit for 135 21 the period covered by the refund payment, as determined by the 135 22divisionsystem. For purposes of this paragraph, the 135 23 actuarial cost of the service purchase shall be determined as 135 24 provided in section 97B.74. The payment to thedivision135 25 system as provided in this paragraph shall be made within 135 26 ninety days after July 1, 2000, or the date federal disability 135 27 payments commenced, whichever occurs later. For purposes of 135 28 this paragraph, the date federal disability payments commence 135 29 shall be the date that the member actually receives the first 135 30 such payment, regardless of any retroactive payments included 135 31 in that payment. A member who repurchases service credit 135 32 under this paragraph and applies for retirement benefits shall 135 33 have the member's monthly allowance, including retroactive 135 34 adjustment payments, determined in the same manner as provided 135 35 in paragraph "a" or "b", as applicable. This paragraph shall 136 1 not be implemented until the system has received a 136 2 determination letter from the federal internal revenue service 136 3 approving the system's plan's qualified status under Internal 136 4 Revenue Code section 401(a). 136 5 Sec. 180. Section 97B.64, Code 2003, is amended to read as 136 6 follows: 136 7 97B.64 INSURANCE LAWS NOT APPLICABLE. 136 8 None of the laws of this state regulating insurance or 136 9 insurance companies shall apply to thedivisionsystem or to 136 10 theIowa public employees'retirement system or any of its 136 11 funds. 136 12 Sec. 181. Section 97C.2, subsection 8, Code 2003, is 136 13 amended to read as follows: 136 14 8. The term "state agency" means thedepartment of136 15personnelIowa public employees' retirement system created in 136 16 section 97B.1. 136 17 Sec. 182. Section 99E.3, subsection 3, Code 2003, is 136 18 amended to read as follows: 136 19 3. The commissioner may employ, with the approval of the 136 20 director, clerks, stenographers, inspectors, agents, and other 136 21 employees pursuant to chapter19A8A, article 4, as necessary 136 22 to carry out this chapter, except as provided in section 136 23 99E.14. The commissioner may require a background 136 24 investigation to be conducted in connection with the 136 25 employment of lottery employees. The board shall define, by 136 26 rule, the employment categories subject to investigation. The 136 27 background investigation by the division of criminal 136 28 investigation of the department of public safety may include a 136 29 national criminal history record check through the federal 136 30 bureau of investigation. The screening of lottery employees 136 31 through the federal bureau of investigation shall be conducted 136 32 by submission of fingerprints through the state criminal 136 33 history record repository to the federal bureau of 136 34 investigation. 136 35 Sec. 183. Section 99E.14, unnumbered paragraph 1, Code 137 1 2003, is amended to read as follows: 137 2 The commissioner shall designate three administrative 137 3 positions within the division which require specific areas of 137 4 expertise relating to the operation of the lottery. These 137 5 three administrative positions are exempt from the merit 137 6 system provisions of chapter19A8A, article 4. The 137 7 commissioner shall designate one of these three administrators 137 8 to serve as acting commissioner in the commissioner's absence. 137 9 Sec. 184. Section 103A.6, Code 2003, is amended to read as 137 10 follows: 137 11 103A.6 MERIT SYSTEM. 137 12 Employees of the commissioner, if required by federal 137 13 statutes, are covered by the merit system provisions of 137 14 chapter19A8A, article 4. 137 15 Sec. 185. Section 123.20, subsection 4, Code 2003, is 137 16 amended to read as follows: 137 17 4. To appoint clerks, agents, or other employees required 137 18 for carrying out the provisions of this chapter; to dismiss 137 19 employees for cause; to assign employees to bureaus as created 137 20 by the administrator within the division; and to designate 137 21 their title, duties, and powers. All employees of the 137 22 division are subject to chapter19A8A, article 4, unless 137 23 exempt under section19A.38A.412. 137 24 Sec. 186. Section 135.2, unnumbered paragraph 1, Code 137 25 2003, is amended to read as follows: 137 26 The governor shall appoint the director of the department, 137 27 subject to confirmation by the senate. The director shall 137 28 serve at the pleasure of the governor. The director is exempt 137 29 from the merit system provisions of chapter19A8A, article 4. 137 30 The governor shall set the salary of the director within the 137 31 range established by the general assembly. 137 32 Sec. 187. Section 135C.16, subsection 1, Code 2003, is 137 33 amended to read as follows: 137 34 1. In addition to the inspections required by sections 137 35 135C.9 and 135C.38, the department shall make or cause to be 138 1 made such further unannounced inspections as it deems 138 2 necessary to adequately enforce this chapter. At least one 138 3 general unannounced inspection shall be conducted for each 138 4 health care facility within a thirty-month period. The 138 5 inspector shall show identification to the person in charge of 138 6 the facility and state that an inspection is to be made before 138 7 beginning the inspection. An employee of the department who 138 8 gives unauthorized advance notice of an inspection made or 138 9 planned to be made under this subsection or section 135C.38 138 10 shall be disciplined as determined by the director, except 138 11 that if the employee is employed pursuant to the merit system 138 12 provisions of chapter19A8A, article 4, the discipline shall 138 13 not exceed the discipline authorized pursuant to thatchapter138 14 article. 138 15 Sec. 188. Section 135C.18, Code 2003, is amended to read 138 16 as follows: 138 17 135C.18 EMPLOYEES. 138 18 The department may employ, pursuant to chapter19A8A, 138 19 article 4, such assistants and inspectors as may be necessary 138 20 to administer and enforce the provisions of this chapter. 138 21 Sec. 189. Section 137.6, subsection 4, Code 2003, is 138 22 amended to read as follows: 138 23 4. Employ persons as necessary for the efficient discharge 138 24 of its duties. Employment practices shall meet the 138 25 requirements of chapter19A8A, article 4, or any civil 138 26 service provision adopted under chapter 400. 138 27 Sec. 190. Section 142A.5, subsection 1, paragraph b, Code 138 28 2003, is amended to read as follows: 138 29 b. Employ a division administrator who shall be 138 30 responsible for the administration and oversight of the 138 31 division. The division administrator shall report to and 138 32 shall serve at the pleasure of the director. The 138 33 administrator shall be exempt from the merit system provisions 138 34 of chapter19A8A, article 4. 138 35 Sec. 191. Section 142A.6, subsection 5, Code 2003, is 139 1 amended to read as follows: 139 2 5. Procurement of goods and services necessary to 139 3 implement the initiative is subject to approval of the 139 4 commission. Notwithstanding chapter188A, article 3, or any 139 5 other provision of law to the contrary, such procurement may 139 6 be accomplished by the commission under its own competitive 139 7 bidding process which shall provide for consideration of such 139 8 factors as price, bidder competence, and expediency in 139 9 procurement. 139 10 Sec. 192. Section 147.98, Code 2003, is amended to read as 139 11 follows: 139 12 147.98 SECRETARY OF PHARMACY EXAMINERS. 139 13 The pharmacy examiners shall have the right to employ a 139 14 full-time secretary, who shall not be a member of the 139 15 examining board, at such compensation as may be fixed pursuant 139 16 to chapter19A8A, article 4, but the provisions of section 139 17 147.22 providing for a secretary for each examining board 139 18 shall not apply to the pharmacy examiners. 139 19 Sec. 193. Section 147.102, Code 2003, is amended to read 139 20 as follows: 139 21 147.102 PSYCHOLOGISTS, CHIROPRACTORS, AND DENTISTS. 139 22 Notwithstanding the provisions of this subtitle, every 139 23 application for a license to practice psychology, 139 24 chiropractic, or dentistry shall be made directly to the 139 25 chairperson, executive director, or secretary of the examining 139 26 board of such profession, and every reciprocal agreement for 139 27 the recognition of any such license issued in another state 139 28 shall be negotiated by the examining board for such 139 29 profession. All examination, license, and renewal fees 139 30 received from persons licensed to practice any of such 139 31 professions shall be paid to and collected by the chairperson, 139 32 executive director, or secretary of the examining board of 139 33 such profession, who shall transmit the fees to the treasurer 139 34 of state for deposit into the general fund of the state. The 139 35 salary of the secretary shall be established by the governor 140 1 with the approval of the executive council pursuant to section 140 219A.98A.413, subsection 2, under the pay plan for exempt 140 3 positions in the executive branch of government. 140 4 Sec. 194. Section 147.103, unnumbered paragraph 1, Code 140 5 2003, is amended to read as follows: 140 6 The board of physician assistant examiners may appoint 140 7 investigators, who shall not be members of the examining 140 8 board, to administer and aid in the enforcement of the 140 9 provisions of law relating to physician assistants. The 140 10 amount of compensation for the investigators shall be 140 11 determined pursuant to chapter19A8A, article 4. 140 12 Sec. 195. Section 147.103A, subsections 3 and 4, Code 140 13 2003, are amended to read as follows: 140 14 3. The board may appoint investigators, who shall not be 140 15 members of the examining board, and whose compensation shall 140 16 be determined pursuant to chapter19A8A, article 4. 140 17 Investigators appointed by the board have the powers and 140 18 status of peace officers when enforcing this chapter and 140 19 chapters 148, 150, 150A, and 272C. 140 20 4. Applications for a license shall be made to the chair- 140 21 person, executive director, or secretary of the board. All 140 22 examination, license, and renewal fees shall be paid to and 140 23 collected by the chairperson, executive director, or secretary 140 24 of the board, who shall transmit the fees to the treasurer of 140 25 state for deposit in the general fund of the state. The 140 26 salary of the executive director of the board shall be 140 27 established by the governor with approval of the executive 140 28 council pursuant to section19A.98A.413, subsection 2, under 140 29 the pay plan for exempt positions in the executive branch of 140 30 government. 140 31 Sec. 196. Section 147.114, Code 2003, is amended to read 140 32 as follows: 140 33 147.114 INSPECTOR. 140 34 An inspector may be appointed by the board of dental 140 35 examiners pursuant to the provisions of chapter19A8A, 141 1 article 4. 141 2 Sec. 197. Section 152.2, Code 2003, is amended to read as 141 3 follows: 141 4 152.2 EXECUTIVE DIRECTOR – ASSISTANTS. 141 5 The board shall appoint a full-time executive director. 141 6 The executive director shall be a registered nurse and shall 141 7 not be a member of the board. The governor, with the approval 141 8 of the executive council pursuant to section19A.98A.413, 141 9 subsection 2, under the pay plan for exempt positions in the 141 10 executive branch of government, shall set the salary of the 141 11 executive director. 141 12 Sec. 198. Section 152.3, subsection 6, Code 2003, is 141 13 amended to read as follows: 141 14 6. To appoint assistants to the director and persons 141 15 necessary to administer thisActchapter. Any appointments 141 16 shall be merit appointments made pursuant to chapter19A8A, 141 17 article 4. 141 18 Sec. 199. Section 152.11, Code 2003, is amended to read as 141 19 follows: 141 20 152.11 INVESTIGATORS FOR NURSES. 141 21 The board of nursing may appoint investigators, who shall 141 22 not be members of the board, to administer and aid in the 141 23 enforcement of the provisions of law related to those licensed 141 24 to practice nursing. The amount of compensation for the 141 25 investigators shall be determined pursuant to chapter19A8A, 141 26 article 4. Investigators authorized by the board of nursing 141 27 have the powers and status of peace officers when enforcing 141 28 this chapter and chapters 147 and 272C. 141 29 Sec. 200. Section 153.33, subsection 2, Code 2003, is 141 30 amended to read as follows: 141 31 2. To appoint investigators, who shall not be members of 141 32 the examining board, to administer and aid in the enforcement 141 33 of the provisions of law relating to those persons licensed to 141 34 practice dentistry and dental hygiene, and persons registered 141 35 as dental assistants. The amount of compensation for the 142 1 investigators shall be determined pursuant to chapter19A8A, 142 2 article 4. Investigators authorized by the board of dental 142 3 examiners have the powers and status of peace officers when 142 4 enforcing this chapter and chapters 147 and 272C. 142 5 Sec. 201. Section 157.7, Code 2003, is amended to read as 142 6 follows: 142 7 157.7 INSPECTORS AND CLERICAL ASSISTANTS. 142 8 The department of inspections and appeals shall employ 142 9 personnelunderpursuant to chapter19A8A, article 4, to 142 10 perform duties related to inspection functions under this 142 11 chapter. The department of inspections and appeals shall, 142 12 when possible, integrate inspection efforts under this chapter 142 13 with inspections conducted under chapter 158. 142 14 The Iowa department of public health may employ clerical 142 15 assistantsunderpursuant to chapter19A8A, article 4, to 142 16 administer and enforce this chapter. The costs and expenses 142 17 of the clerical assistants shall be paid from funds 142 18 appropriated to the department of public health. 142 19 Sec. 202. Section 158.6, Code 2003, is amended to read as 142 20 follows: 142 21 158.6 INSPECTORS AND CLERICAL ASSISTANTS. 142 22 The department of inspections and appeals shall employ 142 23 personnelunderpursuant to chapter19A8A, article 4, to 142 24 perform duties related to inspection functions under this 142 25 chapter. The department of inspections and appeals shall, 142 26 when possible, integrate inspection efforts under this chapter 142 27 with inspections conducted under chapter 157. 142 28 The Iowa department of public health may employ clerical 142 29 assistantsunderpursuant to chapter19A8A, article 4, to 142 30 administer and enforce this chapter. The costs and expenses 142 31 of the clerical assistants shall be paid from funds 142 32 appropriated to the department of public health. 142 33 Sec. 203. Section 175.7, subsection 3, Code 2003, is 142 34 amended to read as follows: 142 35 3. The executive director shall advise the authority on 143 1 matters relating to agricultural land and property and 143 2 agricultural finance, and carry out all directives from the 143 3 authority, and shall hire and supervise the authority's staff 143 4 pursuant to its directions and under the merit system 143 5 provisions of chapter19A8A, article 4, except that principal 143 6 administrative assistants with responsibilities in beginning 143 7 farm loan programs, accounting, mortgage loan processing, and 143 8 investment portfolio management are exempt from the merit 143 9 system. 143 10 Sec. 204. Section 189.2, subsection 4, Code 2003, is 143 11 amended to read as follows: 143 12 4. Issue from time to time, bulletins showing the results 143 13 of inspections, analyses, and prosecutions under this 143 14 subtitle, excluding chapters 203, 203A, 203C, 203D, 207, and 143 15 208. These bulletins shall be printed in such numbers as may 143 16 be approved by thestate printing administratordirector of 143 17 the department of administrative services and shall be 143 18 distributed to the newspapers of the state and to all 143 19 interested persons. 143 20 Sec. 205. Section 216A.2, unnumbered paragraph 2, Code 143 21 2003, is amended to read as follows: 143 22 The governor shall appoint the administrators of each of 143 23 the divisions subject to confirmation by the senate. Each 143 24 administrator shall serve at the pleasure of the governor and 143 25 is exempt from the merit system provisions of chapter19A8A, 143 26 article 4. The governor shall set the salary of the division 143 27 administrators within the ranges set by the general assembly. 143 28 Sec. 206. Section 216A.145, Code 2003, is amended to read 143 29 as follows: 143 30 216A.145 EMPLOYEES AND RESPONSIBILITY. 143 31 The administrator shall be the administrative officer of 143 32 the division and shall be responsible for implementing 143 33 policies and programs. The administrator may employ, in 143 34 accordance with chapter19A8A, article 4, other persons 143 35 necessary to carry out the programs of the division. 144 1 Sec. 207. Section 216B.3, subsections 14 and 17, Code 144 2 2003, are amended to read as follows: 144 3 14. Purchase and use recycled printing and writing paper 144 4 in accordance with the schedule established in section18.18144 5 8A.315; establish a wastepaper recycling program, by January144 61, 1990,in accordance with the recommendations made by the 144 7 department of natural resources and requirements of section 144 818.208A.329; and, in accordance with section18.68A.311, 144 9 require product content statements and compliance with 144 10 requirements regarding contract bidding. 144 11 17. Comply with the requirements for the purchase of 144 12 lubricating oils, industrial oils, greases, and hydraulic 144 13 fluids as established pursuant to section18.228A.316. 144 14 Sec. 208. Section 217.23, subsection 1, Code 2003, is 144 15 amended to read as follows: 144 16 1. The director of human services or the director's 144 17 designee, shall employ such personnel as are necessary for the 144 18 performance of the duties and responsibilities assigned to the 144 19 department. All employees shall be selected on a basis of 144 20 fitness for the work to be performed with due regard to 144 21 training and experience and shall be subject to the provisions 144 22 of chapter19A8A, article 4. 144 23 Sec. 209. Section 217.34, Code 2003, is amended to read as 144 24 follows: 144 25 217.34 DEBT SETOFF. 144 26 The investigations division of the department of 144 27 inspections and appeals and the department of human services 144 28 shall provide assistance to set off against a person's or 144 29 provider's income tax refund or rebate any debt which has 144 30 accrued through written contract, subrogation, departmental 144 31 recoupment procedures, or court judgment and which is in the 144 32 form of a liquidated sum due and owing the department of human 144 33 services. The department of inspections and appeals, with 144 34 approval of the department of human services, shall adopt 144 35 rules under chapter 17A necessary to assist the department of 145 1revenue and financeadministrative services in the 145 2 implementation of the setoff under section421.17, subsection145 3218A.504 in regard to money owed to the state for public 145 4 assistance overpayments. The department of human services 145 5 shall adopt rules under chapter 17A necessary to assist the 145 6 department ofrevenue and financeadministrative services in 145 7 the implementation of the setoff under section421.17,145 8subsection 218A.504, in regard to collections by the child 145 9 support recovery unit and the foster care recovery unit. 145 10 Sec. 210. Section 218.10, Code 2003, is amended to read as 145 11 follows: 145 12 218.10 SUBORDINATE OFFICERS AND EMPLOYEES. 145 13 The administrator in charge of a particular institution, 145 14 with the consent and approval of the director of human 145 15 services, shall determine the number of subordinate officers 145 16 and employees for the institution. Subject to this chapter, 145 17 the officers and employees shall be appointed and discharged 145 18 by the superintendent or business manager pursuant to chapter 145 1919A8A, article 4. The superintendent shall keep, in the 145 20 record of each subordinate officer and employee, the date of 145 21 employment, the compensation, and the date of each discharge, 145 22 and the reasons for discharge. 145 23 Sec. 211. Section 218.58, subsections 3 and 5, Code 2003, 145 24 are amended to read as follows: 145 25 3. The department ofgeneraladministrative services shall 145 26 let all contracts under chapter188A, article 3, for 145 27 authorized construction, repair, or improvement of 145 28 departmental buildings, grounds, or equipment. 145 29 5. A claim for payment relating to a project shall be 145 30 itemized on a voucher form pursuant to section421.408A.514, 145 31 certified by the claimant and the architect or engineer in 145 32 charge, and audited and approved by the department ofgeneral145 33 administrative services. Upon approval by the department of 145 34generaladministrative services, thevoucher shall be145 35forwarded to thedirector ofrevenue and finance, whothe 146 1 department of administrative services shall draw a warrant to 146 2 be paid by the treasurer of state from funds appropriated for 146 3 the project. A partial payment made before completion of the 146 4 project does not constitute final acceptance of the work or a 146 5 waiver of any defect in the work. 146 6 Sec. 212. Section 218.85, Code 2003, is amended to read as 146 7 follows: 146 8 218.85 UNIFORM SYSTEM OF ACCOUNTS. 146 9 The director of human services through the administrators 146 10 in control of the institutions shall install in all the 146 11 institutions the most modern, complete, and uniform system of 146 12 accounts, records, and reports possible. The system shall be 146 13 prescribed by the director ofrevenue and financethe 146 14 department of administrative services as authorized in section 146 15421.318A.502, subsection1013, and, among other matters, 146 16 shall clearly show the detailed facts relative to the handling 146 17 and uses of all purchases. 146 18 Sec. 213. Section 218.100, Code 2003, is amended to read 146 19 as follows: 146 20 218.100 CENTRAL WAREHOUSE AND SUPPLY DEPOT. 146 21 The department of human services shall establish a fund for 146 22 maintaining and operating a central warehouse as a supply 146 23 depot and distribution facility for surplus government 146 24 products, carload canned goods, paper products, other staples 146 25 and such other items as determined by the department. The 146 26 fund shall be permanent and shall be composed of the receipts 146 27 from the sales of merchandise, recovery of handling, operating 146 28 and delivery charges of such merchandise and from the funds 146 29 contributed by the institutions now in a contingent fund being 146 30 used for this purpose. All claims for purchases of 146 31 merchandise, operating and salary expenses shall be subject to 146 32 the provisions of sections 218.86 to218.89218.88. 146 33 Sec. 214. Section 231.22, unnumbered paragraph 1, Code 146 34 2003, is amended to read as follows: 146 35 The governor, subject to confirmation by the senate, shall 147 1 appoint a director of the department of elder affairs who 147 2 shall, subject to chapter19A8A, article 4, employ and direct 147 3 staff as necessary to carry out the powers and duties created 147 4 by this chapter. The director shall serve at the pleasure of 147 5 the governor. However, the director is subject to 147 6 reconfirmation by the senate as provided in section 2.32, 147 7 subsection 8. The governor shall set the salary for the 147 8 director within the range set by the general assembly. 147 9 Sec. 215. Section 231.58, subsection 4, paragraph d, Code 147 10 2003, is amended to read as follows: 147 11 d. Develop procedures for coordination at the local and 147 12 state level among the providers of long-term care, including 147 13 when possible co-campusing of services. The director of the 147 14 department ofgeneraladministrative services shall give 147 15 particular attention to this section when arranging for office 147 16 space pursuant to section18.128A.321 for these three 147 17 departments. 147 18 Sec. 216. Section 234.8, Code 2003, is amended to read as 147 19 follows: 147 20 234.8 FEES FOR CHILD WELFARE SERVICES. 147 21 The department of human services may charge a fee for child 147 22 welfare services to a person liable for the cost of the 147 23 services. The fee shall not exceed the reasonable cost of the 147 24 services. The fee shall be based upon the person's ability to 147 25 pay and consideration of the fee's impact upon the liable 147 26 person's family and the goals identified in the case 147 27 permanency plan. The department may assess the liable person 147 28 for the fee and the means of recovery shall include a setoff 147 29 against an amount owed by a state agency to the person 147 30 assessed pursuant to section421.17, subsection 298A.504. In 147 31 addition the department may establish an administrative 147 32 process to recover the assessment through automatic income 147 33 withholding. The department shall adopt rules pursuant to 147 34 chapter 17A to implement the provisions of this section. This 147 35 section does not apply to court-ordered services provided to 148 1 juveniles which are a charge upon the state pursuant to 148 2 section 232.141 and services for which the department has 148 3 established a support obligation pursuant to section 234.39. 148 4 Sec. 217. Section 235A.15, subsection 5, Code 2003, is 148 5 amended to read as follows: 148 6 5. Access to disposition data subject to placement in the 148 7 central registry pursuant to section 232.71D is authorized to 148 8 the department of personnel or to the personnel office of a 148 9 public employer, as defined in section 20.3, as necessary for 148 10 presentation in grievance or arbitration procedures provided 148 11 for in sections19A.148A.415 and 20.18. Disposition data 148 12 introduced into a grievance or arbitration proceeding shall 148 13 not be considered a part of the public record of a case. 148 14 Sec. 218. Section 236.15B, unnumbered paragraph 5, Code 148 15 2003, is amended to read as follows: 148 16 The department ofrevenue and financeadministrative 148 17 services shall consult the crime victim assistance board 148 18 concerning the adoption of rules to implement this section. 148 19 However, before a checkoff pursuant to this section shall be 148 20 permitted, all liabilities on the books of the department of 148 21revenue and financeadministrative services and accounts 148 22 identified as owing under section421.178A.504 and the 148 23 political contribution allowed under section 56.18 shall be 148 24 satisfied. 148 25 Sec. 219. Section 252B.5, subsection 4, Code 2003, is 148 26 amended to read as follows: 148 27 4. Assistance to set off against a debtor's income tax 148 28 refund or rebate any support debt, which is assigned to the 148 29 department of human services or which the child support 148 30 recovery unit is attempting to collect on behalf of any 148 31 individual not eligible as a public assistance recipient, 148 32 which has accrued through written contract, subrogation, or 148 33 court judgment, and which is in the form of a liquidated sum 148 34 due and owing for the care, support, or maintenance of a 148 35 child. Unless the periodic payment plan provisions for a 149 1 retroactive modification pursuant to section 598.21, 149 2 subsection 8, apply, the entire amount of a judgment for 149 3 accrued support, notwithstanding compliance with a periodic 149 4 payment plan or regardless of the date of entry of the 149 5 judgment, is due and owing as of the date of entry of the 149 6 judgment and is delinquent for the purposes of setoff, 149 7 including for setoff against a debtor's federal income tax 149 8 refund or other federal nontax payment. The department of 149 9 human services shall adopt rules pursuant to chapter 17A 149 10 necessary to assist the department ofrevenue and finance149 11 administrative services in the implementation of the child 149 12 support setoff as established under section421.17, subsection149 13218A.504. 149 14 Sec. 220. Section 252B.5, subsection 8, Code 2003, is 149 15 amended to read as follows: 149 16 8. a. Assistance, in consultation with the department of 149 17revenue and financeadministrative services, in identifying 149 18 and taking action against self-employed individuals as 149 19 identified by the following conditions: 149 20 (1) The individual owes support pursuant to a court or 149 21 administrative order being enforced by the unit and is 149 22 delinquent in an amount equal to or greater than the support 149 23 obligation amount assessed for one month. 149 24 (2) The individual has filed a state income tax return in 149 25 the preceding twelve months. 149 26 (3) The individual has no reported tax withholding amount 149 27 on the most recent state income tax return. 149 28 (4) The individual has failed to enter into or comply with 149 29 a formalized repayment plan with the unit. 149 30 (5) The individual has failed to make either all current 149 31 support payments in accordance with the court or 149 32 administrative order or to make payments against any 149 33 delinquency in each of the preceding twelve months. 149 34 b. Notwithstanding section 252B.9, the unit may forward 149 35 information to the department ofrevenue and finance150 1 administrative services as necessary to implement this 150 2 subsection, including but not limited to both of the 150 3 following: 150 4 (1) The name and social security number of the individual. 150 5 (2) Support obligation information in the specific case, 150 6 including the amount of the delinquency. 150 7 Sec. 221. Section 255.27, Code 2003, is amended to read as 150 8 follows: 150 9 255.27 FACULTY TO PREPARE BLANKS – PRINTING. 150 10 The medical faculty of the state university hospital shall 150 11 from time to time prepare blanks containing questions and 150 12 requiring information that it finds necessary and proper to be 150 13 obtained by the physician who examines a patient under order 150 14 of court. The blanks shall be printed by the state, and a 150 15 sufficient supply shall be furnished by thestate printing150 16administratordirector of the department of administrative 150 17 services to the clerk of each juvenile court in the state. 150 18 The cost of printing the blanks shall be audited, allowed, and 150 19 paid in the same manner as other bills for public printing. 150 20 Sec. 222. Section 256.9, subsection 4, Code 2003, is 150 21 amended to read as follows: 150 22 4. Employ personnel and assign duties and responsibilities 150 23 of the department. The director shall appoint a deputy 150 24 director and division administrators deemed necessary. They 150 25 shall be appointed on the basis of their professional 150 26 qualifications, experience in administration, and background. 150 27 Members of the professional staff are not subject to the merit 150 28 system provisions of chapter19A8A, article 4, and are 150 29 subject to section 256.10. 150 30 Sec. 223. Section 256.52, subsection 3, paragraph d, Code 150 31 2003, is amended to read as follows: 150 32 d. Appoint and approve the technical, professional, 150 33 excepting the medical librarian and the law librarian, 150 34 secretarial, and clerical staff necessary to accomplish the 150 35 purposes of the division subject to chapter19A8A, article 4. 151 1 Sec. 224. Section 256.54, subsection 1, unnumbered 151 2 paragraph 1, Code 2003, is amended to read as follows: 151 3 The medical library shall be administered by a medical 151 4 librarian, appointed by the director subject to chapter19A151 5 8A, article 4, who shall do all of the following: 151 6 Sec. 225. Section 256.54, subsection 2, unnumbered 151 7 paragraph 1, Code 2003, is amended to read as follows: 151 8 The law library shall be administered by a law librarian 151 9 appointed by the director subject to chapter19A8A, article 151 10 4, who shall do all of the following: 151 11 Sec. 226. Section 257C.6, subsection 11, Code 2003, is 151 12 amended to read as follows: 151 13 11. The authority is exempt from chapter188A, article 3. 151 14 Sec. 227. Section 260C.19B, Code 2003, is amended to read 151 15 as follows: 151 16 260C.19B PURCHASE OF BIO-BASED HYDRAULIC FLUIDS, GREASES, 151 17 AND OTHER INDUSTRIAL LUBRICANTS. 151 18 Hydraulic fluids, greases, and other industrial lubricants 151 19 purchased by or used under the direction of the board of 151 20 directors to provide services to a merged area shall be 151 21 purchased in compliance with the preference requirements for 151 22 purchasing bio-based hydraulic fluids, greases, and other 151 23 industrial lubricants as provided pursuant to section18.22151 24 8A.316. 151 25 Sec. 228. Section 261.37, subsection 7, Code 2003, is 151 26 amended to read as follows: 151 27 7. To establish an effective system for the collection of 151 28 delinquent loans, including the adoption of an agreement with 151 29 theIowadepartment ofrevenue and financeadministrative 151 30 services to set off against a defaulter's income tax refund or 151 31 rebate the amount that is due because of a default on a 151 32 guaranteed or parental loan made under this division. The 151 33 commission shall adopt rules under chapter 17A necessary to 151 34 assist the department ofrevenue and financeadministrative 151 35 services in the implementation of the student loan setoff 152 1 program as established under section421.17, subsection 23152 2 8A.504. 152 3 Sec. 229. Section 261A.6, subsection 10, Code 2003, is 152 4 amended to read as follows: 152 5 10. All employees of the authority are exempt from 152 6chapters 19Achapter 8A, article 4, and chapter 97B. 152 7 Sec. 230. Section 262.9, subsection 6, Code 2003, is 152 8 amended to read as follows: 152 9 6. Purchase and use recycled printing and writing paper, 152 10 with the exception of specialized paper when no recyclable 152 11 product is available, in accordance with the schedule 152 12 established in section18.188A.315; establish a wastepaper 152 13 recycling program for all institutions governed by the board 152 14 in accordance with recommendations made by the department of 152 15 natural resources and the requirements of section18.20152 16 8A.329; shall, in accordance with the requirements of section 152 1718.68A.311, require product content statements and compliance 152 18 with requirements regarding procurement specifications; and 152 19 shall comply with the requirements for the purchase of 152 20 lubricating oils and industrial oils as established pursuant 152 21 to section18.228A.316. 152 22 Sec. 231. Section 262.25A, subsection 1, Code 2003, is 152 23 amended to read as follows: 152 24 1. Institutions under the control of the state board of 152 25 regents shall purchase only new automobiles which have at 152 26 least the fuel economy required for purchase of new 152 27 automobiles by thestate fleet administratordirector of the 152 28 department of administrative services under section18.115152 29 8A.362, subsection 4. This subsection does not apply to 152 30 automobiles purchased for law enforcement purposes. 152 31 Sec. 232. Section 262.25B, Code 2003, is amended to read 152 32 as follows: 152 33 262.25B PURCHASE OF BIO-BASED HYDRAULIC FLUIDS, GREASES, 152 34 AND OTHER INDUSTRIAL LUBRICANTS. 152 35 The state board of regents and institutions under the 153 1 control of the board purchasing hydraulic fluids, greases, and 153 2 other industrial lubricants shall give preference to 153 3 purchasing bio-based hydraulic fluids, greases, and other 153 4 industrial lubricants as provided in section18.228A.316. 153 5 Sec. 233. Section 272C.7, subsection 1, Code 2003, is 153 6 amended to read as follows: 153 7 1. As an alternative to authority contained elsewhere in 153 8 this chapter, a licensing board may employ within the limits 153 9 of available funds an executive secretary, one or more 153 10 inspectors, and such clerical personnel as may be necessary 153 11 for the administration of the duties of the board. Employees 153 12 of the board shall be employed subject to chapter19A8A, 153 13 article 4. The qualifications of the executive secretary 153 14 shall be determined by the board. 153 15 Sec. 234. Section 298.14, Code 2003, is amended to read as 153 16 follows: 153 17 298.14 SCHOOL DISTRICT INCOME SURTAXES. 153 18 For each fiscal year, the cumulative total of the percents 153 19 of surtax approved by the board of directors of a school 153 20 district and collected by the department of revenueand153 21financeunder sections 257.21, 257.29, and 298.2, and the 153 22 enrichment surtax under section 442.15, Code 1989, and an 153 23 income surtax collected by a political subdivision under 153 24 chapter 422D, shall not exceed twenty percent. 153 25 A school district income surtax fund is created in the 153 26 office of treasurer of state. Income surtaxes collected by 153 27 the department of revenueand financeunder sections 257.21, 153 28 257.29, and 298.2 and section 442.15, Code 1989, shall be 153 29 deposited in the school district income surtax fund to the 153 30 credit of each school district. A separate accounting of each 153 31 surtax, by school district, shall be maintained. 153 32 The director ofrevenue and financethe department of 153 33 administrative services shall draw warrants in payment of the 153 34 surtaxes collected in each school district. Warrants shall be 153 35 payable in two installments to be paid on approximately the 154 1 first day of December and the first day of February following 154 2 collection of the taxes and shall be delivered to the 154 3 respective school districts. 154 4 Sec. 235. Section 303.1A, subsection 5, Code 2003, is 154 5 amended to read as follows: 154 6 5. Appoint and approve the technical, professional, 154 7 secretarial, and clerical staff necessary to accomplish the 154 8 purposes of the department subject to chapter19A8A, article 154 9 4. 154 10 Sec. 236. Section 303.2, subsection 2, paragraph i, Code 154 11 2003, is amended to read as follows: 154 12 i. Buy or receive by other means historical materials 154 13 including, but not limited to, artifacts, art, books, 154 14 manuscripts, and images. Such materials are not personal 154 15 property undersection 18.12sections 8A.321 and 8A.324 and 154 16 shall be received and cared for under the rules of the 154 17 department. The historical division may sell or otherwise 154 18 dispose of those materials according to the rules of the 154 19 department and be credited for any revenues credited by the 154 20 disposal less the costs incurred. 154 21 Sec. 237. Section 303.9, subsection 2, Code 2003, is 154 22 amended to read as follows: 154 23 2. The department may sell mementos and other items 154 24 relating to Iowa history and historic sites on the premises of 154 25 property under control of the department and at the state 154 26 capitol. Notwithstanding sections18.128A.321 and18.16154 27 8A.327, the department may directly and independently enter 154 28 into rental and lease agreements with private vendors for the 154 29 purpose of selling mementos. All fees and income produced by 154 30 the sales and rental or lease agreements shall be credited to 154 31 the account of the department. The mementos and other items 154 32 sold by the department or vendors under this subsection are 154 33 exempt from section18.68A.311. The department is not a 154 34 retailer under chapter 422 and the sale of such mementos and 154 35 other items by the department is not a retail sale under 155 1 chapter 422 and is exempt from the sales tax. 155 2 Sec. 238. Section 304.3, subsections 8 and 9, Code 2003, 155 3 are amended to read as follows: 155 4 8. The director of the department ofgeneral155 5 administrative services. 155 69. The director of the information technology department.155 7 Sec. 239. Section 307.12, subsection 2, Code 2003, is 155 8 amended to read as follows: 155 9 2. Employ personnel as necessary to carry out the duties 155 10 and responsibilities of the department, consistent with 155 11 chapter19A8A, article 4. 155 12 Sec. 240. Section 307.12, unnumbered paragraph 2, Code 155 13 2003, is amended to read as follows: 155 14 If in the interest of the state, the director may allow a 155 15 subsistence expense to an employee under the supervision of 155 16 the department's administrator for highways for continuous 155 17 stay in one location while on duty away from established head- 155 18 quarters and place of domicile for a period not to exceed 155 19 forty-five days; and allow automobile expenses in accordance 155 20 with section18.1178A.363, for moving an employee and the 155 21 employee's family from place of present domicile to new 155 22 domicile, and actual transportation expense for moving of 155 23 household goods. The household goods for which transportation 155 24 expense is allowed shall not include pets or animals. 155 25 Sec. 241. Section 307.21, subsection 4, paragraphs a and 155 26 b, Code 2003, are amended to read as follows: 155 27 a. Provide centralized purchasing services for the 155 28 department, in cooperation with the department ofgeneral155 29 administrative services. The administrator shall, when the 155 30 price is reasonably competitive and the quality as intended, 155 31 purchase soybean-based inks and plastic products with recycled 155 32 content, including but not limited to plastic garbage can 155 33 liners, and shall purchase these items in accordance with the 155 34 schedule established in section18.188A.315. However, the 155 35 administrator need not purchase garbage can liners in 156 1 accordance with the schedule if the liners are utilized by a 156 2 facility approved by the environmental protection commission 156 3 created under section 455A.6, for purposes of recycling. For 156 4 purposes of this subsection, "recycled content" means that the 156 5 content of the product contains a minimum of thirty percent 156 6 postconsumer material. 156 7 b. The administrator shall do all of the following: 156 8 (1) Purchase and use recycled printing and writing paper 156 9 in accordance with the schedule established in section18.18156 10 8A.315. 156 11 (2) Establish a wastepaper recycling programby January 1,156 121990,in accordance with recommendations made by the 156 13 department of natural resources and the requirements of 156 14 section18.208A.329. 156 15 (3) Require in accordance with section18.68A.311 product 156 16 content statements and compliance with requirements regarding 156 17 procurement specifications. 156 18 (4) Comply with the requirements for the purchase of 156 19 lubricating oils, industrial oils, greases, and hydraulic 156 20 fluids as established pursuant to section18.228A.316. 156 21 Sec. 242. Section 307.21, unnumbered paragraph 2, Code 156 22 2003, is amended to read as follows: 156 23 The administrator of administrative services may purchase 156 24 items from the department ofgeneraladministrative services 156 25 and may cooperate with the director ofgeneralthe department 156 26 of administrative services by providingcentralizedpurchasing 156 27 services for the department ofgeneraladministrative 156 28 services. 156 29 Sec. 243. Section 313.4, subsection 3, Code 2003, is 156 30 amended to read as follows: 156 31 3. There is appropriated from funds appropriated to the 156 32 department which would otherwise revert to the primary road 156 33 fund pursuant to the provisions of the Act appropriating the 156 34 funds or chapter 8, an amount sufficient to pay the increase 156 35 in salaries, which increase is not otherwise provided for by 157 1 the general assembly in an appropriation bill, resulting from 157 2 the annual review of the merit pay plan as provided in 157 3subsection 2 ofsection19A.98A.413, subsection 2. The 157 4 appropriation herein provided shall be in effect from the 157 5 effective date of the revised pay plan to the end of the 157 6 fiscal biennium in which it becomes effective. 157 7 Sec. 244. Section 321.19, subsection 1, unnumbered 157 8 paragraph 2, Code 2003, is amended to read as follows: 157 9 The department shall furnish, on application, free of 157 10 charge, distinguishing plates for vehicles thus exempted, 157 11 which plates except plates on Iowa state patrol vehicles shall 157 12 bear the word "official" and the department shall keep a 157 13 separate record. Registration plates issued for Iowa state 157 14 patrol vehicles, except unmarked patrol vehicles, shall bear 157 15 two red stars on a yellow background, one before and one 157 16 following the registration number on the plate, which 157 17 registration number shall be the officer's badge number. 157 18 Registration plates issued for county sheriff's patrol 157 19 vehicles shall display one seven-pointed gold star followed by 157 20 the letter "S" and the call number of the vehicle. However, 157 21 the director ofgeneralthe department of administrative 157 22 services or the director of transportation may order the 157 23 issuance of regular registration plates for any exempted 157 24 vehicle used by peace officers in the enforcement of the law, 157 25 persons enforcing chapter 124 and other laws relating to 157 26 controlled substances, persons in the department of justice, 157 27 the alcoholic beverages division of the department of 157 28 commerce, disease investigators of the Iowa department of 157 29 public health, the department of inspections and appeals, and 157 30 the department of revenueand finance, who are regularly 157 31 assigned to conduct investigations which cannot reasonably be 157 32 conducted with a vehicle displaying "official" state 157 33 registration plates, persons in the lottery division of the 157 34 department of revenue and finance whose regularly assigned 157 35 duties relating to security or the carrying of lottery tickets 158 1 cannot reasonably be conducted with a vehicle displaying 158 2 "official" registration plates, and persons in the department 158 3 of economic development who are regularly assigned duties 158 4 relating to existing industry expansion or business 158 5 attraction. For purposes of sale of exempted vehicles, the 158 6 exempted governmental body, upon the sale of the exempted 158 7 vehicle, may issue for in-transit purposes a pasteboard card 158 8 bearing the words "Vehicle in Transit", the name of the 158 9 official body from which the vehicle was purchased, together 158 10 with the date of the purchase plainly marked in at least one- 158 11 inch letters, and other information required by the 158 12 department. The in-transit card is valid for use only within 158 13 forty-eight hours after the purchase date as indicated on the 158 14 bill of sale which shall be carried by the driver. 158 15 Sec. 245. Section 321.30, subsection 13, Code 2003, is 158 16 amended to read as follows: 158 17 13. The department or the county treasurer knows that an 158 18 applicant for renewal of a registration has a delinquent 158 19 account, charge, fee, loan, taxes, or other indebtedness owed 158 20 to or being collected by the state, from information received 158 21 pursuant tosectionsections 421.17 and 8A.504. An applicant 158 22 may contest this action by requesting a contested case 158 23 proceeding from the agency that referred the debt for 158 24 collection pursuant to section421.178A.504. This subsection 158 25 shall apply only to a renewal of registration and shall not 158 26 apply to the issuance of an original registration or to the 158 27 issuance of a certificate of title. 158 28 Sec. 246. Section 321.31, subsection 1, unnumbered 158 29 paragraph 3, Code 2003, is amended to read as follows: 158 30 The director shall maintain a records system of delinquent 158 31 accounts owed to the state using information provided through 158 32 the computerized data bank established in section 421.17. The 158 33 department and county treasurers shall use the information 158 34 maintained in the records system to determine if applicants 158 35 for renewal of registration have delinquent accounts, charges, 159 1 fees, loans, taxes, or other indebtedness owed to or being 159 2 collected by the state as provided pursuant to section421.17159 3 8A.504. The director, the director of the department of 159 4 administrative services, and the director of revenueand159 5financeshall establish procedures for updating the delinquent 159 6 accounts records to add and remove accounts, as applicable. 159 7 Sec. 247. Section 321.35, unnumbered paragraph 2, Code 159 8 2003, is amended to read as follows: 159 9 The department shall not enter into any contract requiring 159 10 an expenditure of at least five hundred thousand dollars for 159 11 the manufacture of motor vehicle registration plates to be 159 12 reissued to owners under this chapter unless competitive 159 13 bidding procedures as provided in chapter188A, article 3, 159 14 are followed. 159 15 Sec. 248. Section 321.40, unnumbered paragraph 6, Code 159 16 2003, is amended to read as follows: 159 17 The county treasurer shall refuse to renew the registration 159 18 of a vehicle registered to the applicant if the county 159 19 treasurer knows that the applicant has a delinquent account, 159 20 charge, fee, loan, taxes, or other indebtedness owed to or 159 21 being collected by the state, from information provided 159 22 pursuant tosectionsections 8A.504 and 421.17. An applicant 159 23 may contest this action by requesting a contested case 159 24 proceeding from the agency that referred the debt for 159 25 collection pursuant to section421.178A.504. 159 26 Sec. 249. Section 321.149, Code 2003, is amended to read 159 27 as follows: 159 28 321.149 BLANKS. 159 29 The department shall not later than November 15 of each 159 30 year prepare and furnish the treasurer of each county all 159 31 blank books, blank forms, and all supplies required for the 159 32 administration of this chapter, including applications for 159 33 registration and transfer of vehicles, quintuple receipts, and 159 34 original remittance sheets to be used in remitting fees to the 159 35 department, in such form as the department may prescribe. 160 1 Contracts for the blank books, blank forms, and supplies shall 160 2 be awarded by thestate printing administratordirector of the 160 3 department of administrative services to persons, firms, 160 4 partnerships, or corporations engaged in the business of 160 5 printing in Iowa unless, or through them, the persons, firms, 160 6 partnerships or corporations cannot provide the required 160 7 printing set forth in this section. In lieu of purchasing 160 8 under competitive bids thestate printing administrator160 9 director of the department of administrative services shall 160 10 have authority to arrange with the director of the department 160 11 of corrections to furnish the supplies as can be made in the 160 12 state institutions. 160 13 Sec. 250. Section 321.210B, Code 2003, is amended to read 160 14 as follows: 160 15 321.210B NONRENEWAL OR SUSPENSION FOR FAILURE TO PAY 160 16 INDEBTEDNESS OWED TO THE STATE. 160 17 The department shall suspend or refuse to renew the 160 18 driver's license of a person who has a delinquent account owed 160 19 to the state according to records provided by the department 160 20 of revenueand financepursuant to section 421.17. A license 160 21 shall be suspended or shall not be renewed until such time as 160 22 the department ofrevenue and financeadministrative services 160 23 notifies the state department of transportation that the 160 24 licensee has made arrangements for payment of the debt with 160 25 the agency which is owed or is collecting the debt. This 160 26 section is only applicable to those persons residing in a 160 27 county which is participating in the driver's license 160 28 indebtedness clearance pilot project. 160 29 Sec. 251. Section 331.502, subsection 3, Code 2003, is 160 30 amended by striking the subsection. 160 31 Sec. 252. Section 331.552, subsection 5, Code 2003, is 160 32 amended to read as follows: 160 33 5. Account for, report, and pay into the state treasury 160 34 any money, property, or securities received on behalf of the 160 35 state as provided in sections421.328A.506 to421.348A.508. 161 1 Sec. 253. Section 405A.10, Code 2003, is amended to read 161 2 as follows: 161 3 405A.10 FRANCHISE TAX REVENUE ALLOCATION. 161 4 For the fiscal year beginning July 1, 1997, and each 161 5 subsequent fiscal year, there is appropriated from the general 161 6 fund of the state to the department of revenue and finance the 161 7 sum of eight million eight hundred thousand dollars which 161 8 shall be paid quarterly on warrants by the director of the 161 9 department of administrative services as allocated pursuant to 161 10 section 422.65. 161 11 Sec. 254. Section 421.17, subsections 21, 23, 24, 25, 26, 161 12 28, 29, 30, and 33, Code 2003, are amended by striking the 161 13 subsections. 161 14 Sec. 255. Section 422.12A, subsection 2, Code 2003, is 161 15 amended to read as follows: 161 16 2. The director of revenueand financeshall draft the 161 17 income tax form to allow the designation of contributions to 161 18 the keep Iowa beautiful fund on the tax return. The 161 19 department of revenueand finance, on or before January 31, 161 20 shall certify the total amount designated on the tax return 161 21 forms due in the preceding calendar year and shall report the 161 22 amount to the treasurer of state. The treasurer of state 161 23 shall credit the amount to the keep Iowa beautiful fund. 161 24 However, before a checkoff pursuant to this section shall be 161 25 permitted, all liabilities on the books of the department of 161 26 revenueand financeand accounts identified as owing under 161 27 section 421.17 and the political contribution allowed under 161 28 section 56.18 shall be satisfied. 161 29 Sec. 256. Section 422.20, subsection 3, unnumbered 161 30 paragraph 1, Code 2003, is amended to read as follows: 161 31 Unless otherwise expressly permitted by section 8A.504, 161 32 section 421.17, subsections21,22, 22A,23, 25, 29,and 32, 161 33 sections 252B.9, 421.19, 421.28, 422.72, and 452A.63, and this 161 34 section, a tax return, return information, or investigative or 161 35 audit information shall not be divulged to any person or 162 1 entity, other than the taxpayer, the department, or internal 162 2 revenue service for use in a matter unrelated to tax 162 3 administration. 162 4 Sec. 257. Section 422.72, subsection 3, unnumbered 162 5 paragraph 1, Code 2003, is amended to read as follows: 162 6 Unless otherwise expressly permitted by section 8A.504, 162 7 section 421.17, subsections21,22, 22A,23, 25, 29,and 32, 162 8 sections 252B.9, 421.19, 421.28, 422.20, and 452A.63, and this 162 9 section, a tax return, return information, or investigative or 162 10 audit information shall not be divulged to any person or 162 11 entity, other than the taxpayer, the department, or internal 162 12 revenue service for use in a matter unrelated to tax 162 13 administration. 162 14 Sec. 258. Section 425.1, subsection 1, Code 2003, is 162 15 amended to read as follows: 162 16 1. A homestead credit fund is created. There is 162 17 appropriated annually from the general fund of the state to 162 18 the department of revenueand financeto be credited to the 162 19 homestead credit fund, an amount sufficient to implement this 162 20 chapter. 162 21 The director ofrevenue and financethe department of 162 22 administrative services shall issue warrants on the homestead 162 23 credit fund payable to the county treasurers of the several 162 24 counties of the state under this chapter. 162 25 Sec. 259. Section 432.13, unnumbered paragraph 2, Code 162 26 2003, is amended to read as follows: 162 27 Premiums received for benefits acquired by the department 162 28 ofpersonneladministrative services on behalf of state 162 29 employees pursuant to section19A.18A.402, subsection21, 162 30 are exempt from premium tax. 162 31 Sec. 260. Section 450.84, Code 2003, is amended to read as 162 32 follows: 162 33 450.84 COSTS CHARGED AGAINST ESTATE – EXCEPTIONS. 162 34 If an estate or interest in an estate passes so as to be 162 35 liable to taxation under this chapter, all costs of the 163 1 proceedings for the assessment of the tax are chargeable to 163 2 the estate as other costs in probate proceedings and, to 163 3 discharge the lien, all costs as well as the taxes must be 163 4 paid. In all other cases the costs are to be paid as ordered 163 5 by the court. When a decision adverse to the state has been 163 6 rendered, with an order that the state pay the costs, the 163 7 clerk of the court in which the action was pending shall 163 8 certify the amount of the costs to the director of revenueand163 9finance, who shall, if the costs are correctly certified and 163 10 the case has been finally terminated and the tax, if any is 163 11 due, has been paid, audit the claim and direct the department 163 12 of administrative services to issue a warrant on the treasurer 163 13 of state in payment of the costs. 163 14 Sec. 261. Section 452A.77, unnumbered paragraph 1, Code 163 15 2003, is amended to read as follows: 163 16 All fees, taxes, interest and penalties imposed under this 163 17 chapter must be paid to the department of revenueand finance163 18 or the state department of transportation, whichever is 163 19 responsible for the collection. The appropriate state agency 163 20 shall transmit each payment daily to the treasurer of state. 163 21 Such payments shall be deposited by the treasurer of state in 163 22 a fund, hereby created, within the state treasury which shall 163 23 be known as the "motor fuel tax fund," the net proceeds of 163 24 which fund, after deductions by lawful transfers and refunds, 163 25 shall be known as the "motor vehicle fuel tax fund". The 163 26 department of revenueand financeand the state department of 163 27 transportation shall certify monthly to the director of 163 28revenue and financethe department of administrative services 163 29 amounts of refunds of tax approved during each month, and the 163 30 director ofrevenue and financethe department of 163 31 administrative services shall draw warrants in such amounts on 163 32 the motor fuel tax fund and transmit them. There is hereby 163 33 appropriated out of the money received under the provisions of 163 34 this chapter and deposited in the motor fuel tax fund 163 35 sufficient funds to pay such refunds as may be authorized in 164 1 this chapter. 164 2 Sec. 262. Section 455A.4, subsection 1, paragraph e, Code 164 3 2003, is amended to read as follows: 164 4 e. Employ personnel as necessary to carry out the 164 5 functions vested in the department consistent with chapter19A164 6 8A, article 4, unless the positions are exempt from that 164 7chapterarticle. 164 8 Sec. 263. Section 455G.3, subsection 5, Code 2003, is 164 9 amended to read as follows: 164 10 5. For purposes of payment of refunds of the environmental 164 11 protection charge under section 424.15 by the department of 164 12 revenueand finance, the treasurer of state shall allocate to 164 13 the department ofrevenue and financeadministrative services 164 14 the total amount budgeted by the fund's board for 164 15 environmental protection charge refunds. Any unused funds 164 16 shall be remitted to the treasurer of state. 164 17 Sec. 264. Section 459.505, subsection 2, paragraph b, Code 164 18 2003, is amended to read as follows: 164 19 b. Obtain a lower fixed amount bid for the work from 164 20 another qualified person, other than a governmental entity, 164 21 and pay the amount of the claim required in this section, 164 22 based on the fixed amount in this bid upon completion of the 164 23 work. The department is not required to comply with section 164 2418.68A.311 in implementing this section. 164 25 Sec. 265. Section 474.1, unnumbered paragraph 2, Code 164 26 2003, is amended to read as follows: 164 27 The utilities board shall organize by appointing an 164 28 executive secretary, who shall take the same oath as the 164 29 members. The board shall set the salary of the executive 164 30 secretary within the limits of the pay plan for exempt 164 31 positions provided for in section19A.98A.413, subsection 2, 164 32 unless otherwise provided by the general assembly. The board 164 33 may employ additional personnel as it finds necessary. 164 34 Subject to confirmation by the senate, the governor shall 164 35 appoint a member as the chairperson of the board. The 165 1 chairperson shall be the administrator of the utilities 165 2 division. The appointment as chairperson shall be for a two- 165 3 year term which begins and ends as provided in section 69.19. 165 4 Sec. 266. Section 474.10, Code 2003, is amended to read as 165 5 follows: 165 6 474.10 GENERAL COUNSEL. 165 7 The board shall employ a competent attorney to serve as its 165 8 general counsel, and assistants to the general counsel as it 165 9 finds necessary for the full and efficient discharge of its 165 10 duties. The general counsel is the attorney for, and legal 165 11 advisor of, the board and is exempt from the merit system 165 12 provisions of chapter19A8A, article 4. Assistants to the 165 13 general counsel are subject to the merit system provisions of 165 14 chapter19A8A, article 4. The general counsel or an 165 15 assistant to the general counsel shall provide the necessary 165 16 legal advice to the board in all matters and represent the 165 17 board in all actions instituted in a state or federal court 165 18 challenging the validity of a rule or order of the board. The 165 19 existence of a fact which disqualifies a person from election 165 20 or from acting as a utilities board member disqualifies the 165 21 person from employment as general counsel or assistant general 165 22 counsel. The general counsel shall devote full time to the 165 23 duties of the office. During employment the counsel shall not 165 24 be a member of a political committee, contribute to a 165 25 political campaign fund other than through the income tax 165 26 checkoff for contributions to the Iowa election campaign fund 165 27 and the presidential election campaign fund, participate in a 165 28 political campaign, or be a candidate for a political office. 165 29 Sec. 267. Section 475A.3, subsection 2, Code 2003, is 165 30 amended to read as follows: 165 31 2. EMPLOYEES. The consumer advocate may employ attorneys, 165 32 legal assistants, secretaries, clerks, and other employees the 165 33 consumer advocate finds necessary for the full and efficient 165 34 discharge of the duties and responsibilities of the office. 165 35 The consumer advocate may employ consultants as expert 166 1 witnesses or technical advisors pursuant to contract as the 166 2 consumer advocate finds necessary for the full and efficient 166 3 discharge of the duties of the office. Employees of the 166 4 consumer advocate division, other than the consumer advocate, 166 5 are subject to merit employment, except as provided in section 166 619A.38A.412. 166 7 Sec. 268. Section 502.601, subsection 1, Code 2003, is 166 8 amended to read as follows: 166 9 1. This chapter shall be administered by the commissioner 166 10 of insurance of the state of Iowa. The administrator shall 166 11 appoint a deputy administrator who shall be exempt from the 166 12 merit system provided for in chapter19A8A, article 4. The 166 13 deputy administrator is the principal operations officer of 166 14 the securities bureau and is responsible to the administrator 166 15 for the routine administration of the chapter and the 166 16 management of the securities bureau. In the absence of the 166 17 administrator, whether because of vacancy in the office, by 166 18 reason of absence, physical disability, or other cause, the 166 19 deputy administrator shall be the acting administrator and 166 20 shall, for the time being, have and exercise the authority 166 21 conferred upon the administrator. The administrator may by 166 22 order from time to time delegate to the deputy administrator 166 23 any or all of the functions assigned to the administrator in 166 24 this chapter. The administrator shall employ officers, 166 25 attorneys, accountants, and other employees as needed for the 166 26 administration of the chapter. 166 27 Sec. 269. Section 505.4, unnumbered paragraph 2, Code 166 28 2003, is amended to read as follows: 166 29 The commissioner may appoint a deputy commissioner for 166 30 supervision whom the commissioner may appoint as supervisory 166 31 or special deputy pursuant to chapter 507C and who shall 166 32 perform such other duties as may be assigned by the 166 33 commissioner. The deputy commissioner for supervision shall 166 34 receive a salary to be fixed by the commissioner. The deputy 166 35 commissioner for supervision shall beanexemptemployeefrom 167 1 the merit system provisions of chapter 8A, article 4, under 167 2 section19A.38A.412, subsection 17. 167 3 Sec. 270. Section 507.5, Code 2003, is amended to read as 167 4 follows: 167 5 507.5 CHIEF EXAMINER. 167 6 The commissioner may appoint a chief examiner who shall 167 7 supervise insurance company examinations and perform such 167 8 other duties as may be assigned by the commissioner. The 167 9 chief examiner shall receive a salary to be fixed by the 167 10 commissioner. The chief examiner shall beanexemptemployee167 11 from the merit system provisions of chapter 8A, article 4, 167 12 under section19A.38A.412, subsection 17. 167 13 Sec. 271. Section 602.1204, subsection 3, Code 2003, is 167 14 amended to read as follows: 167 15 3. The supreme court shall compile and publish all 167 16 procedures and directives relating to the supervision and 167 17 administration of the internal affairs of the judicial branch, 167 18 and shall distribute a copy of the compilation and all 167 19 amendments to each operating component of the judicial branch. 167 20Copies also shall be distributed to agencies referred to in167 21section 18.97 upon request.167 22 Sec. 272. Section 602.8102, subsection 58A, Code 2003, is 167 23 amended to read as follows: 167 24 58A. Assist the department ofrevenue and finance167 25 administrative services in setting off against debtors' income 167 26 tax refunds or rebates under section421.17, subsection 25167 27 8A.504, debts which are due, owing, and payable to the clerk 167 28 of the district court as criminal fines, civil penalties, 167 29 surcharges, or court costs. 167 30 Sec. 273. Section 602.8107, subsection 4, unnumbered 167 31 paragraph 2, Code 2003, is amended to read as follows: 167 32 This subsection does not apply to amounts collected for 167 33 victim restitution, the victim compensation fund, criminal 167 34 penalty surcharge, law enforcement initiative surcharge, 167 35 amounts collected as a result of procedures initiated under 168 1 subsection 5 or under section421.17, subsection 258A.504, or 168 2 sheriff's room and board fees. 168 3 Sec. 274. Section 618.11, Code 2003, is amended to read as 168 4 follows: 168 5 618.11 FEES FOR PUBLICATION. 168 6 The compensation, when not otherwise fixed, for the 168 7 publication in a newspaper of any notice, order, citation, or 168 8 other publication required or allowed by law shall be at a 168 9 rate of thirty-four cents for one insertion and twenty-three 168 10 cents for each subsequent insertion for each line of eight 168 11 point type two inches in length, or its equivalent. Beginning 168 12 June 1, 2001, and each June 1 thereafter, thestate printing168 13administratordirector of the department of administrative 168 14 services shall calculate a new rate for the following fiscal 168 15 year as prescribed in this section, and shall publish this 168 16 rate as a notice in the Iowa administrative bulletin prior to 168 17 the first day of the following calendar month. The new rate 168 18 shall be effective on the first day of the calendar month 168 19 following its publication. The rate shall be calculated by 168 20 applying the percentage change in the consumer price index for 168 21 all urban consumers for the last available twelve-month period 168 22 published in the federal register by the federal department of 168 23 labor, bureau of labor statistics, to the existing rate as an 168 24 increase or decrease in the rate rounded to the nearest one- 168 25 tenth of a cent. The calculation and publication of the rate 168 26 by thestate printing administratordirector of the department 168 27 of administrative services shall be exempt from the provisions 168 28 of chapters 17A and 25B. 168 29 Sec. 275. Section 625.29, subsection 1, paragraph g, Code 168 30 2003, is amended to read as follows: 168 31 g. The proceeding involved the department ofpersonnel168 32underadministrative services under chapter19A8A, article 4. 168 33 Sec. 276. Section 691.1, Code 2003, is amended to read as 168 34 follows: 168 35 691.1 LABORATORY CREATED. 169 1 There is hereby created under the control, direction and 169 2 supervision of the commissioner of public safety a state 169 3 criminalistics laboratory. The commissioner of public safety 169 4 may assign the criminalistics laboratory to a division or 169 5 bureau within the public safety department. The laboratory 169 6 shall, within its capabilities, conduct analyses, comparative 169 7 studies, fingerprint identification, firearms identification, 169 8 questioned documents studies, and other studies normally 169 9 performed by a criminalistics laboratory when requested by a 169 10 county attorney, medical examiner, or law enforcement agency 169 11 of this state to aid in any criminal investigation. Agents of 169 12 the division of criminal investigation and bureau of 169 13 identification may be assigned to the criminalistics 169 14 laboratory by the commissioner. New employees shall be 169 15 appointed pursuant to chapter19A8A, article 4, and need not 169 16 qualify as agents for the division of criminal investigation 169 17 and bureau of identification, and shall not participate in the 169 18 peace officers' retirement plan established pursuant to 169 19 chapter 97A. 169 20 Sec. 277. Section 809A.17, subsection 4, Code 2003, is 169 21 amended to read as follows: 169 22 4. Forfeited property which is not used by the department 169 23 of justice in the enforcement of the law may be requisitioned 169 24 by the department of public safety or any law enforcement 169 25 agency within the state for use in enforcing the criminal laws 169 26 of this state. Forfeited property not requisitioned may be 169 27 delivered to the director of the department of general 169 28 services to be disposed of in the same manner as property 169 29 received pursuant to section18.158A.325. 169 30 Sec. 278. Section 904.108, subsection 1, paragraph e, Code 169 31 2003, is amended to read as follows: 169 32 e. Employ, assign, and reassign personnel as necessary for 169 33 the performance of duties and responsibilities assigned to the 169 34 department. Employees shall be selected on the basis of 169 35 fitness for work to be performed with due regard to training 170 1 and experience and are subject to chapter19A8A, article 4. 170 2 Sec. 279. Section 904.108, subsection 3, Code 2003, is 170 3 amended to read as follows: 170 4 3. The director may establish a sales bonus system for the 170 5 sales representatives for prison industry products. If a 170 6 sales bonus system is established, the system shall not affect 170 7 the status of the sales representatives under chapter19A8A, 170 8 article 4. 170 9 Sec. 280. Section 904.303, unnumbered paragraph 1, Code 170 10 2003, is amended to read as follows: 170 11 The director shall determine the number and compensation of 170 12 subordinate officers and employees for each institution 170 13 subject to chapter19A8A, article 4. Subject to this 170 14 chapter, the officers and employees shall be appointed and 170 15 discharged by the superintendent who shall keep in the record 170 16 of each subordinate officer and employee, the date of 170 17 employment, the compensation, and the date of and the reasons 170 18 for each discharge. 170 19 Sec. 281. Section 904.312B, Code 2003, is amended to read 170 20 as follows: 170 21 904.312B PURCHASE OF BIO-BASED HYDRAULIC FLUIDS, GREASES, 170 22 AND OTHER INDUSTRIAL LUBRICANTS. 170 23 The department when purchasing hydraulic fluids, greases, 170 24 and other industrial lubricants shall give preference to 170 25 purchasing bio-based hydraulic fluids, greases, and other 170 26 industrial lubricants as provided in section18.228A.316. 170 27 Sec. 282. Section 904.315, unnumbered paragraph 1, Code 170 28 2003, is amended to read as follows: 170 29 The director of the department ofgeneraladministrative 170 30 services shall, in writing, let all contracts for authorized 170 31 improvements costing in excess of twenty-five thousand dollars 170 32 under chapter188A, article 3. Upon prior authorization by 170 33 the director, improvements costing five thousand dollars or 170 34 less may be made by the superintendent of any institution. 170 35 Sec. 283. Section 904.706, unnumbered paragraph 1, Code 171 1 2003, is amended to read as follows: 171 2 A revolving farm fund is created in the state treasury in 171 3 which the department shall deposit receipts from agricultural 171 4 products, nursery stock, agricultural land rentals, and the 171 5 sale of livestock. However, before any agricultural operation 171 6 is phased out, the department which proposes to discontinue 171 7 this operation shall notify the governor, chairpersons and 171 8 ranking members of the house and senate appropriations 171 9 committees, and cochairpersons and ranking members of the 171 10 subcommittee in the senate and house of representatives which 171 11 has handled the appropriation for this department in the past 171 12 session of the general assembly. Before the department sells 171 13 farmland under the control of the department, the director 171 14 shall notify the governor, chairpersons and ranking members of 171 15 the house and senate appropriations committees, and 171 16 cochairpersons and ranking members of the joint appropriations 171 17 subcommittee that handled the appropriation for the department 171 18 during the past session of the general assembly. The 171 19 department may pay from the fund for the operation, 171 20 maintenance, and improvement of farms and agricultural or 171 21 nursery property under the control of the department. A 171 22 purchase order for five thousand dollars or less payable from 171 23 the fund is exempt from the general purchasing requirements of 171 24 chapter188A, article 3. Notwithstanding section 8.33, 171 25 unencumbered or unobligated receipts in the revolving farm 171 26 fund at the end of a fiscal year shall not revert to the 171 27 general fund of the state. 171 28 Sec. 284. Section 904.808, subsection 1, paragraph b, Code 171 29 2003, is amended to read as follows: 171 30 b. When the state director releases, in writing, the 171 31 obligation of the department or agency to purchase the product 171 32 from Iowa state industries, after determining that Iowa state 171 33 industries is unable to meet the performance characteristics 171 34 of the purchase request for the product, and a copy of the 171 35 release is attached to the request to the director ofrevenue172 1and financethe department of administrative services for 172 2 payment for a similar product, or when Iowa state industries 172 3 is unable to furnish needed products, comparable in both 172 4 quality and price to those available from alternative sources, 172 5 within a reasonable length of time. Any disputes arising 172 6 between a purchasing department or agency and Iowa state 172 7 industries regarding similarity of products, or comparability 172 8 of quality or price, or the availability of the product, shall 172 9 be referred to the director of the department ofgeneral172 10 administrative services, whose decision shall be subject to 172 11 appeal as provided in section18.78A.313. However, if the 172 12 purchasing department is the department ofgeneral172 13 administrative services, any matter which would be referred to 172 14 the director under this paragraph shall be referred to the 172 15 executive council in the same manner as if the matter were to 172 16 be heard by the director of the department ofgeneral172 17 administrative services. The decision of the executive 172 18 council is final. 172 19 Sec. 285. Section 904A.4B, subsection 3, Code 2003, is 172 20 amended to read as follows: 172 21 3. Hire and supervise all of the board's staff pursuant to 172 22 the provisions of chapter19A8A, article 4. 172 23 Sec. 286. AMENDMENTS CHANGING TERMINOLOGY – DIRECTIVE TO 172 24 CODE EDITOR. Except as otherwise provided in this Act: 172 25 1. a. The Iowa Code editor is directed to strike the 172 26 words "information technology department" and insert the words 172 27 "department of administrative services" wherever the words 172 28 "information technology department" appear in the Iowa Code 172 29 unless a contrary intent is clearly evident. 172 30 b. The Iowa Code editor is directed to strike the words 172 31 "director of the information technology department" or 172 32 "information technology department director" and insert the 172 33 words "director of the department of administrative services" 172 34 wherever the words "director of the information technology 172 35 department" or "information technology department director" 173 1 appear in the Iowa Code unless a contrary intent is clearly 173 2 evident. 173 3 2. a. The Iowa Code editor is directed to strike the 173 4 words "department of general services" and insert the words 173 5 "department of administrative services" wherever the words 173 6 "department of general services" appear in the Iowa Code 173 7 unless a contrary intent is clearly evident. 173 8 b. The Iowa Code editor is directed to strike the words 173 9 "director of the department of general services" or "general 173 10 services department director" and insert the words "director 173 11 of the department of administrative services" wherever the 173 12 words "director of the department of general services" or 173 13 "general services department director" appear in the Iowa Code 173 14 unless a contrary intent is clearly evident. 173 15 3. a. The Iowa Code editor is directed to strike the 173 16 words "department of personnel" and insert the words 173 17 "department of administrative services" wherever the words 173 18 "department of personnel" appear in the Iowa Code unless a 173 19 contrary intent is clearly evident. 173 20 b. The Iowa Code editor is directed to strike the words 173 21 "director of the department of personnel" or "personnel 173 22 department director" and insert the words "director of the 173 23 department of administrative services" wherever the words 173 24 "director of the department of personnel" or "personnel 173 25 department director" appear in the Iowa Code unless a contrary 173 26 intent is clearly evident. 173 27 4. a. Sections 1.15, 2.10, subsection 4, 2.12, 2.13, 173 28 2B.10, subsection 4, 7.13, 7D.13, 7D.14, 8.35A, 11.20, 12.3, 173 29 12.4, 12.5, 12.6, 12.8, 12.15, 12.26, 12B.16, 12B.17, 12B.18, 173 30 15.354, 15E.112, 15E.117, 16.31, 17A.4, 25.2, 29C.14, 35.10, 173 31 49A.9, 53.50, 56.3A, 56.22, 56.23, 74.9, 96.7, subsection 7, 173 32 96.9, 96.14, 97.51, 97A.8, 97A.11, 97B.7, 97B.33, 100B.11, 173 33 123.53, 152.3, 159.21, 159.23, 159A.7, 161.7, 161C.5, 173 34 169A.13A, 175.22, subsection 3, 179.5, 186.5, 218.50, 218.57, 173 35 218.86, 218.87, 225.22, 225.23, 225.28, 225.30, 225C.12, 174 1 227.7, 229.35, 233B.14, 234.6, 249.8, 251.5, 255.24, 255.26, 174 2 257B.11, 257B.18, 257B.35, 257B.37, 257B.39, 257B.40, 257B.42, 174 3 257C.9, subsection 3, 261.4, 262.22, 262.29, 270.5, 270.6, 174 4 270.7, 272.11, 272C.7, 298.11, 304A.29, 310.7, 313.18, 313.19, 174 5 313.20, 313.28, 314.3, 315.7, 324A.5, 331.555, 452A.72, 174 6 455B.107, 455B.183A, 455B.246, 456A.19, 456A.21, 459.401, 174 7 459.501, 460.303, 473.11, 504A.63, 515.129, 518B.2, 518B.5, 174 8 524.209, 533.62, 534.403, 546.10, 568.16, 568.20, 568.24, 174 9 569.4, 602.1304, 602.9109, 641.5, 663.44, 679B.7, 820.24, and 174 10 904.311, Code 2003, are amended by striking from the 174 11 applicable section or subsection the words "director of 174 12 revenue and finance" and inserting in lieu thereof the 174 13 following: "director of the department of administrative 174 14 services". 174 15 b. Sections 2.49, subsection 5, 8.34, 8.61, 8D.13, 174 16 subsection 11, 11.28, 12.6, 12.14, 12.28, 12B.2, 12B.17, 174 17 16.31, 16A.13, 22.7, subsection 32, 25.6, 74.9, 100B.11, 174 18 175.22, 179.5, 181.13, 183A.7, 184.13, 184A.4, 185.26, 174 19 185C.26, 252B.22, 255.24A, 256.12, 256.19, 256.20, 256D.4, 174 20 257.32, 257B.1B, 257C.9, subsection 4, 260C.18B, subsection 4, 174 21 260C.24, 282.28, 282.31, 283.1, 285.2, 294A.6, 294A.9, 174 22 294A.22, 303.14, 313.7, 405A.9, 455G.5, 541A.3, 541A.5, 174 23 602.8102, subsection 4, 602.9104, 633.545, 804.28, and 174 24 904.507A, Code 2003, are amended by striking from the sections 174 25 the words "department of revenue and finance" and inserting in 174 26 lieu thereof the following: "department of administrative 174 27 services". 174 28 c. Except as otherwise provided in this Act, the Iowa Code 174 29 editor is directed to strike the words "revenue and finance" 174 30 and insert the word "revenue" wherever the words "revenue and 174 31 finance" appear in the Iowa Code and the reference to "revenue 174 32 and finance" means the department of revenue and finance or 174 33 the director of revenue and finance unless a contrary intent 174 34 is clearly evident. 174 35 5. a. Except as otherwise provided in this Act, the Iowa 175 1 Code editor is directed to strike the words "division" and 175 2 "division's" and insert the words "system" and "system's" 175 3 wherever the words "division" and "division's" appear in 175 4 chapter 97B of the Iowa Code and the reference means the Iowa 175 5 public employee's retirement system division of the department 175 6 of personnel unless a contrary intent is clearly evident. 175 7 b. Except as otherwise provided in this Act, the Iowa Code 175 8 editor is directed to strike the word "system" and insert the 175 9 words "retirement system" in the following sections wherever 175 10 "system" but not "retirement system" appears in chapter 97B of 175 11 the Iowa Code and the reference means the retirement plan 175 12 established under chapter 97B: 175 13 Sections 97B.1A, subsections 3, 7, 9, 11, 14, 26; 97B.4; 175 14 97B.7A, subsection 1; 97B.8A, subsection 3, paragraph "b", 175 15 97B.8A, subsections 4 and 5; 97B.8B; 97B.11; 97B.17; 97B.42A, 175 16 subsections 3, 4, and 5; 97B.49F; 97B.49G; 97B.49H; 97B.50; 175 17 97B.50A, subsections 2 and 3; 97B.52A, subsection 3; 97B.53, 175 18 unnumbered paragraph 1; 97B.65; 97B.66; 97B.72; 97B.72A; 175 19 97B.73; 97B.73A; 97B.74; 97B.80; 97B.80A; 97B.80B; 97B.80C; 175 20 97B.81; 97B.82. 175 21 Sec. 287. ADMINISTRATIVE RULES – TRANSITION PROVISIONS. 175 22 1. Any rule, regulation, form, order, or directive 175 23 promulgated by any state agency mentioned in this Act, 175 24 including any agency abolished, merged, or altered in this 175 25 Act, and in effect on the effective date of this Act shall 175 26 continue in full force and effect until amended, repealed, or 175 27 supplemented by affirmative action of the appropriate state 175 28 agency under the duties and powers of state agencies as 175 29 established in this Act and under the procedure established in 175 30 subsection 2. 175 31 Any license or permit issued by any state agency mentioned 175 32 in this Act, including any agency abolished, merged, or 175 33 altered in this Act, and in effect on the effective date of 175 34 this Act shall continue in full force and effect until 175 35 expiration or renewal. 176 1 2. In regard to updating references and format in the Iowa 176 2 administrative code in order to correspond to the 176 3 restructuring of state government as established in this Act, 176 4 the administrative rules coordinator and the administrative 176 5 rules review committee, in consultation with the 176 6 administrative code editor, shall jointly develop a schedule 176 7 for the necessary updating of the Iowa administrative code. 176 8 Sec. 288. MISCELLANEOUS TRANSITION PROVISIONS. 176 9 1. Any personnel in the state merit system of employment 176 10 who are mandatorily transferred due to the effect of this Act 176 11 shall be so transferred without any loss in salary, benefits, 176 12 or accrued years of service. 176 13 2. Any funds in any account or fund of a department 176 14 eliminated due to the effect of this Act shall be transferred 176 15 to the comparable fund or account as provided by this Act. 176 16 3. Any cause of action or statute of limitation relating 176 17 to a department or division transferred to another department 176 18 or division as provided by this Act shall not be affected as a 176 19 result of the transfer and such cause or statute of limitation 176 20 shall apply to the successor department or division. 176 21 4. Any replacement of signs, logos, stationery, insignia, 176 22 uniforms, and related items that is made due to the effect of 176 23 this Act should be done as part of the normal replacement 176 24 cycle for such items. 176 25 Sec. 289. DEPARTMENT PROGRESS REPORTS. The department of 176 26 administrative services shall report to the committees on 176 27 government oversight of the senate and house of 176 28 representatives on or before each July 31 and January 31 176 29 between July 1, 2003, and February 1, 2006, regarding the 176 30 activities of the department in implementing the requirements 176 31 of this Act, including but not limited to the department's 176 32 decisions concerning which services should be provided solely 176 33 by the department and which services should be available from 176 34 a variety of providers. 176 35 Sec. 290. STATE ADMINISTRATIVE SERVICES – MISCELLANEOUS 177 1 PROVISIONS. 177 2 1. As used in this section, unless the context otherwise 177 3 requires: 177 4 a. "Agency" or "state agency" means as defined in section 177 5 8A.101. "Agency" includes the state board of regents subject 177 6 to the requirements of section 8A.122. 177 7 b. "Designated state service" means one of the following 177 8 services provided to state agencies: printing, information 177 9 technology, mail, human resource benefits and payroll, 177 10 financial accounting, property management, fleet management, 177 11 and purchasing services. 177 12 c. "Managed competition" means a process that allows both 177 13 state agencies and other entities to submit competitive bids 177 14 to provide designated state services, which process takes into 177 15 account the true cost-accounting costs for state agencies. 177 16 Managed competition may result in multiple providers, which 177 17 may be state agencies or nongovernmental entities, of the same 177 18 designated state service to state agencies. The use of 177 19 managed competition shall not preclude the use of other 177 20 entrepreneurial steps in any area. 177 21 2. The following duties relating to state administrative 177 22 services shall be performed, subject to the requirements of 177 23 chapter 8A, as provided by this subsection: 177 24 a. (1) The department of administrative services shall, 177 25 pursuant to the requirements of this section, select a 177 26 designated state service and conduct a pilot project to 177 27 determine the feasibility of conducting a managed competition 177 28 for delivery of the service and shall submit a report, with 177 29 its findings and recommendations, to the legislative fiscal 177 30 bureau and the committees on government oversight of the 177 31 senate and house of representatives by July 1, 2005. 177 32 (2) In addition, the department of administrative services 177 33 may, pursuant to the requirements of this section, determine 177 34 how the designated state services of all executive branch 177 35 agencies, community-based corrections districts, and other 178 1 state governmental entities shall be delivered. 178 2 b. By July 1, 2005, the department of administrative 178 3 services shall submit a request for proposals for a managed 178 4 competition for printing services unless more efficient 178 5 results can be obtained through the use of other 178 6 entrepreneurial methods as authorized by chapter 8A. The 178 7 request for proposals shall allow for the awarding of all or 178 8 parts of printing services to the department or another 178 9 governmental agency or nongovernmental entity. 178 10 c. By September 1, 2004, the department of administrative 178 11 services, with the assistance of the department of management, 178 12 shall conduct a comprehensive study of the impact of 178 13 transferring all state agency employees delivering information 178 14 technology services to the department of administrative 178 15 services and of the impact of physically merging the data 178 16 centers of the department, the state department of 178 17 transportation, and the department of workforce development, 178 18 into one data center. The study shall include an assessment 178 19 of advantages and disadvantages, economies of scale, cost, and 178 20 space availability, and shall solicit input from outside 178 21 vendors, both public and private. The department shall report 178 22 to the legislative fiscal bureau and the committees on 178 23 government oversight of the senate and house of 178 24 representatives on the department's findings and 178 25 recommendations by November 1, 2004. 178 26 d. The department of administrative services may limit 178 27 unified fleet management responsibilities to cars and small 178 28 trucks. By July 1, 2005, the fleet management operations 178 29 shall be subject to a managed competition process conducted by 178 30 the department of administrative services unless more 178 31 efficient results can be obtained through the use of other 178 32 entrepreneurial methods as authorized by chapter 8A. The 178 33 request for proposals shall allow for the awarding of all or 178 34 parts of fleet management to the department of administrative 178 35 services, other governmental agencies, or nongovernmental 179 1 entities. 179 2 3. The auditor of state shall be consulted regarding the 179 3 process for issuance of requests for proposals for managed 179 4 competition. The role of the auditor of state is to provide 179 5 advice as to whether an approach offers the best opportunity 179 6 for reducing state government costs. 179 7 Sec. 291. 179 8 1. Sections 7A.15, 7A.16, 7A.17, 7A.18, 7A.19, 7A.21, 179 9 7A.22, 7A.25, 7A.26, 7D.33, 218.89, 421.6, 421.31, 421.32, 179 10 421.33, 421.34, 421.35, 421.36, 421.37, 421.38, 421.39, 179 11 421.40, 421.41, 421.42, 421.43, 421.44, 421.45, Code 2003, are 179 12 repealed. 179 13 2. Chapters 14B, 18, and 19A, Code 2003, are repealed. 179 14 Sec. 292. PREVAILING PROVISIONS. The provisions of House 179 15 File 636 relating to legislative branch consolidation of 179 16 functions, or a similar bill enacted by the Eightieth General 179 17 Assembly, 2003 Regular Session, which provisions relate to 179 18 official legal and other publications, procurements, special 179 19 distribution of legal publications, and restrictions on free 179 20 distributions by the legislative service bureau or its 179 21 successor agency, shall prevail over any conflicting 179 22 provisions of this Act. 179 23 Sec. 293. EFFECTIVE DATE. The sections of this Act 179 24 amending sections 8.63 and 70A.38, and enacting section 179 25 8A.204, being deemed of immediate importance, take effect upon 179 26 enactment. 179 27 179 28 179 29 179 30 CHRISTOPHER C. RANTS 179 31 Speaker of the House 179 32 179 33 179 34 179 35 MARY E. KRAMER 180 1 President of the Senate 180 2 180 3 I hereby certify that this bill originated in the House and 180 4 is known as House File 534, Eightieth General Assembly. 180 5 180 6 180 7 180 8 MARGARET THOMSON 180 9 Chief Clerk of the House 180 10 Approved , 2003 180 11 180 12 180 13 180 14 THOMAS J. VILSACK 180 15 Governor
Text: HF00533 Text: HF00535 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2003 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Jun 19 02:30:01 CDT 2003
URL: /DOCS/GA/80GA/Legislation/HF/00500/HF00534/030508.html
jhf