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PAG LIN 1 1 DIVISION I 1 2 DEPARTMENT OF ADMINISTRATIVE SERVICES 1 3 ARTICLE 1 1 4 DEPARTMENT OF ADMINISTRATIVE SERVICES 1 5 Section 1. NEW SECTION. 8A.101 DEFINITIONS. 1 6 As used in this chapter, unless the context otherwise 1 7 requires: 1 8 1. "Agency" or "state agency" means a unit of state 1 9 government, which is an authority, board, commission, 1 10 committee, council, department, examining board, or 1 11 independent agency as defined in section 7E.4, including but 1 12 not limited to each principal central department enumerated in 1 13 section 7E.5. However, "agency" or "state agency" does not 1 14 mean any of the following: 1 15 a. The office of the governor or the office of an elective 1 16 constitutional or statutory officer. 1 17 b. The general assembly, or any office or unit under its 1 18 administrative authority. 1 19 c. The judicial branch, as provided in section 602.1102. 1 20 d. A political subdivision of the state or its offices or 1 21 units, including but not limited to a county, city, or 1 22 community college. 1 23 2. "Department" means the department of administrative 1 24 services. 1 25 3. "Director" means the director of the department of 1 26 administrative services or the director's designee. 1 27 4. "Governmental entity" means any unit of government in 1 28 the executive, legislative, or judicial branch of government; 1 29 an agency or political subdivision; any unit of another state 1 30 government, including its political subdivisions; any unit of 1 31 the United States government; or any association or other 1 32 organization whose membership consists primarily of one or 1 33 more of any of the foregoing. 1 34 5. "Governmental subdivision" means a county, city, school 1 35 district, or combination thereof. 2 1 6. "Public records" means the same as defined in section 2 2 22.1. 2 3 Sec. 2. NEW SECTION. 8A.102 DEPARTMENT CREATED – 2 4 DIRECTOR APPOINTED. 2 5 1. The department of administrative services is created. 2 6 The director of the department shall be appointed by the 2 7 governor to serve at the pleasure of the governor and is 2 8 subject to confirmation by the senate. If the office becomes 2 9 vacant, the vacancy shall be filled in the same manner as 2 10 provided for the original appointment. 2 11 2. The person appointed as director shall be 2 12 professionally qualified by education and have no less than 2 13 five years' experience in the field of management, public or 2 14 private sector personnel administration, including the 2 15 application of merit principles in public employment, 2 16 financial management, and policy development and 2 17 implementation. The appointment shall be made without regard 2 18 for political affiliation. The director shall not be a member 2 19 of any local, state, or national committee of a political 2 20 party, an officer or member of a committee in any partisan 2 21 political club or organization, or hold or be a candidate for 2 22 a paid elective public office. The director is subject to the 2 23 restrictions on political activity provided in section 8A.416. 2 24 The governor shall set the salary of the director within pay 2 25 grade nine. 2 26 Sec. 3. NEW SECTION. 8A.103 DEPARTMENT – PURPOSE – 2 27 MISSION. 2 28 The department is created for the purpose of managing and 2 29 coordinating the major resources of state government including 2 30 the human, financial, physical, and information resources of 2 31 state government. 2 32 The mission of the department is to implement a world- 2 33 class, customer-focused organization that provides a 2 34 complement of valued products and services to the internal 2 35 customers of state government. 3 1 Sec. 4. NEW SECTION. 8A.104 POWERS AND DUTIES OF THE 3 2 DIRECTOR. 3 3 The director shall do all of the following: 3 4 1. Coordinate the internal operations of the department 3 5 and develop and implement policies and procedures designed to 3 6 ensure the efficient administration of the department. 3 7 2. Appoint all personnel deemed necessary for the 3 8 administration of the department's functions as provided in 3 9 this chapter. 3 10 3. Prepare an annual budget for the department. 3 11 4. Develop and recommend legislative proposals deemed 3 12 necessary for the continued efficiency of the department's 3 13 functions, and review legislative proposals generated outside 3 14 the department which are related to matters within the 3 15 department's purview. 3 16 5. Adopt rules deemed necessary for the administration of 3 17 this chapter in accordance with chapter 17A. 3 18 6. Develop and maintain enterprisewide support systems 3 19 within the department to provide appropriate administrative 3 20 support and sufficient data for the effective and efficient 3 21 operation of the enterprise. 3 22 7. Enter into contracts for the receipt and provision of 3 23 services as deemed necessary. The director and the governor 3 24 may obtain and accept grants and receipts to or for the state 3 25 to be used for the administration of the department's 3 26 functions as provided in this chapter. 3 27 8. Establish the internal organization of the department 3 28 and allocate and reallocate duties and functions not assigned 3 29 by law to an officer or any subunit of the department to 3 30 promote economic and efficient administration and operation of 3 31 the department. 3 32 9. Install a records system for the keeping of records 3 33 which are necessary for a proper audit and effective operation 3 34 of the department. 3 35 10. Determine which risk exposures shall be self-insured 4 1 or assumed by the state with respect to loss and loss 4 2 exposures of state government. 4 3 11. Keep in the director's office a complete record 4 4 containing an itemized account of all state property, 4 5 including furniture and equipment, under the director's care 4 6 and control, and plans and surveys of the public grounds, 4 7 buildings, and underground constructions at the seat of 4 8 government and of the state laboratories facility in Ankeny. 4 9 12. Serve as the chief information officer for the state. 4 10 13. Exercise and perform such other powers and duties as 4 11 may be prescribed by law. 4 12 Sec. 5. NEW SECTION. 8A.105 PROHIBITED INTERESTS – 4 13 PENALTY. 4 14 The director shall not have any pecuniary interest, 4 15 directly or indirectly, in any contract for supplies furnished 4 16 to the state, or in any business enterprise involving any 4 17 expenditure by the state. A violation of the provisions of 4 18 this section shall be a serious misdemeanor, and upon 4 19 conviction, the director shall be removed from office in 4 20 addition to any other penalty. 4 21 Sec. 6. NEW SECTION. 8A.106 PUBLIC RECORDS. 4 22 1. The records of the department, except personal 4 23 information in an employee's file if the publication of such 4 24 information would serve no proper public purpose, shall be 4 25 public records and shall be open to public inspection, subject 4 26 to reasonable rules as to the time and manner of inspection 4 27 which may be prescribed by the director. However, the 4 28 department shall not be required to release financial 4 29 information, business, or product plans which if released 4 30 would give advantage to competitors and serve no public 4 31 purpose, relating to commercial operations conducted or 4 32 intended to be conducted by the department. 4 33 2. The state agency that is the lawful custodian of a 4 34 public record shall be responsible for determining whether a 4 35 record is required by federal or state statute to be 5 1 confidential. The transmission of a record by a state agency 5 2 by use of electronic means established, maintained, or managed 5 3 by the department shall not constitute a transfer of the legal 5 4 custody of the record from the individual state agency to the 5 5 department or to any other person or entity. 5 6 3. The department shall not have authority to determine 5 7 whether an individual state agency should automate records of 5 8 which the individual state agency is the lawful custodian. 5 9 However, the department may encourage state agencies to 5 10 implement electronic access to public records. 5 11 4. A state agency shall not limit access to a record by 5 12 requiring a citizen to receive the record electronically as 5 13 the only means of providing the record. A person shall have 5 14 the right to examine and copy a printed form of a public 5 15 record as provided in section 22.2, unless the public record 5 16 is confidential. 5 17 Sec. 7. NEW SECTION. 8A.107 OATHS AND SUBPOENAS. 5 18 The director may administer oaths, subpoena witnesses, and 5 19 compel the production of books and papers pertinent to any 5 20 investigation or hearing authorized by this chapter. A person 5 21 who fails to appear in response to a subpoena or produce books 5 22 or papers pertinent to the investigation or hearing or who 5 23 knowingly gives false testimony is guilty of a simple 5 24 misdemeanor. 5 25 Sec. 8. NEW SECTION. 8A.108 ACCEPTANCE OF FUNDS. 5 26 The department may receive and accept donations, grants, 5 27 gifts, and contributions in the form of moneys, services, 5 28 materials, or otherwise, from the United States or any of its 5 29 agencies, from this state or any of its agencies, or from any 5 30 other person, and may use or expend such moneys, services, 5 31 materials, or other contributions, or issue grants, in 5 32 carrying out the operations of the department. All federal 5 33 grants to and the federal receipts of the department are 5 34 hereby appropriated for the purpose set forth in such federal 5 35 grants or receipts. 6 1 Sec. 9. NEW SECTION. 8A.109 FEDERAL FUNDS. 6 2 1. Neither the provisions of this chapter nor rules 6 3 adopted pursuant to this chapter shall apply in any situation 6 4 where such provision or rule is in conflict with governing 6 5 federal regulation or where the provision or rule would 6 6 jeopardize the receipt of federal funds. 6 7 2. If it is determined by the attorney general that any 6 8 provision of this chapter would cause denial of funds or 6 9 services from the United States government which would 6 10 otherwise be available to an agency of this state, such 6 11 provision shall be suspended as to such agency, but only to 6 12 the extent necessary to prevent denial of such funds or 6 13 services. 6 14 Sec. 10. NEW SECTION. 8A.110 SERVICES TO GOVERNMENTAL 6 15 ENTITIES. 6 16 1. The director may enter into agreements with any 6 17 governmental entity of this state to furnish services and 6 18 facilities of the department to the governmental entity. The 6 19 agreement shall provide for the reimbursement to the 6 20 department of the reasonable cost of the services and 6 21 facilities furnished. All governmental entities of this state 6 22 may enter into such agreements. 6 23 2. This chapter does not affect any city civil service 6 24 programs established under chapter 400. 6 25 Sec. 11. NEW SECTION. 8A.111 DEPARTMENT REVOLVING FUNDS. 6 26 1. The director may establish and maintain revolving funds 6 27 to support and account for the services provided by the 6 28 department. These funds shall be administered by the 6 29 department and shall consist of moneys collected by the 6 30 department, moneys appropriated by the general assembly, and 6 31 any other moneys obtained or accepted by the department, 6 32 including but not limited to gifts, loans, donations, grants, 6 33 and contributions. The director may obtain loans from the 6 34 innovation fund created in section 8.63 for deposit in a 6 35 revolving fund established pursuant to this section to provide 7 1 seed and investment capital to enhance the delivery of 7 2 services provided by the department. 7 3 2. The proceeds of a revolving fund established pursuant 7 4 to this section are appropriated to and shall be used by the 7 5 department for the operations of the department consistent 7 6 with this chapter. The director may appoint the personnel 7 7 necessary to ensure the efficient provision of services funded 7 8 pursuant to a revolving fund established under this section. 7 9 However, this usage requirement shall not limit or restrict 7 10 the department from using proceeds from gifts, loans, 7 11 donations, grants, and contributions in conformance with any 7 12 conditions, directions, limitations, or instructions attached 7 13 or related thereto. 7 14 3. Section 8.33 does not apply to any moneys in revolving 7 15 funds established pursuant to this section. Notwithstanding 7 16 section 12C.7, subsection 2, interest or earnings on moneys 7 17 deposited in these funds shall be credited to these funds. 7 18 4. a. The director shall annually provide revolving fund 7 19 service business plans and financial reports to the department 7 20 of management and the general assembly. The business plans 7 21 may include the recommendation that a portion of unexpended 7 22 net income be periodically returned to the appropriate funding 7 23 source. 7 24 b. The department shall submit an annual report not later 7 25 than January 31 to the members of the general assembly and the 7 26 legislative fiscal bureau of the activities funded by and 7 27 expenditures made from a revolving fund established pursuant 7 28 to this section during the preceding fiscal year. 7 29 Sec. 12. NEW SECTION. 8A.112 ADDITIONAL PERSONNEL. 7 30 The department may employ such additional personnel in 7 31 excess of the number of full-time equivalent positions 7 32 authorized by the general assembly if such additional 7 33 personnel are reasonable and necessary to perform such duties 7 34 as authorized by this chapter and if the cost of such 7 35 additional personnel is reimbursed to the department by one or 8 1 more governmental entities. The director shall notify in 8 2 writing the department of management, the legislative fiscal 8 3 committee, and the legislative fiscal bureau of any additional 8 4 personnel employed pursuant to this section. 8 5 Sec. 13. NEW SECTION. 8A.113 BILLING – CREDIT CARD 8 6 PAYMENTS. 8 7 1. The director may bill a governmental entity for 8 8 services rendered by the department in accordance with the 8 9 duties of the department as provided in this chapter. Bills 8 10 may include direct, indirect, and developmental costs. The 8 11 department shall periodically render a billing statement to a 8 12 governmental entity outlining the cost of services provided to 8 13 the governmental entity. The amount indicated on the 8 14 statement shall be paid by the governmental entity and amounts 8 15 received by the department shall be considered repayment 8 16 receipts as defined in section 8.2, and deposited into the 8 17 accounts of the department. 8 18 2. In addition to other forms of payment, a person may pay 8 19 by credit card for services provided by the department, 8 20 according to rules adopted by the treasurer of state. The 8 21 credit card fees to be charged shall not exceed those 8 22 permitted by statute. A governmental entity may adjust its 8 23 payment to reflect the costs of processing as determined by 8 24 the treasurer of state. The discount charged by the credit 8 25 card issuer may be included in determining the fees to be paid 8 26 for completing a financial transaction under this section by 8 27 using a credit card. All credit card payments shall be 8 28 credited to the fund used to account for the services 8 29 provided. 8 30 Sec. 14. NEW SECTION. 8A.114 STATE EMPLOYEE SUGGESTION 8 31 SYSTEM. 8 32 1. There is created a state employee suggestion system for 8 33 the purpose of encouraging state employees to develop and 8 34 submit ideas which will reduce costs and increase efficiency 8 35 in state government and which will make monetary and other 9 1 awards to state employees whose cost reduction ideas are 9 2 adopted under the system. 9 3 2. The department shall provide necessary personnel for 9 4 the efficient operation of the system. The department shall 9 5 adopt rules as necessary for the administration of the system 9 6 and to establish the award policy under which the system will 9 7 operate. The rules shall include: 9 8 a. Eligibility standards and restrictions for both the 9 9 state employee submitting the suggestion and the suggestion 9 10 being submitted. The rules shall provide that suggestions 9 11 relating to academic affairs, including teaching, research, 9 12 and patient care programs at a university teaching hospital, 9 13 are ineligible. 9 14 b. Procedures for submitting and evaluating suggestions, 9 15 including the responsibilities of each person involved in the 9 16 system and providing that the final decision to implement 9 17 shall be made by the director of the applicable state agency. 9 18 c. The method of presentation of awards to employees. 9 19 d. The method of promoting the suggestion program in the 9 20 broadest possible manner to state employees. 9 21 e. Any other policies necessary to properly administer the 9 22 system. 9 23 3. a. When a suggestion is implemented and results in a 9 24 direct cost reduction within state government, the suggester 9 25 shall be awarded ten percent of the first year's net savings, 9 26 not exceeding ten thousand dollars, and a certificate. A cash 9 27 award shall not be awarded for a suggestion which saves less 9 28 than one hundred dollars during the first year of 9 29 implementation. The state agency head shall approve all 9 30 awards and determine the amount to be awarded. Appeals of 9 31 award amounts shall be submitted to the director whose 9 32 decision is final. 9 33 b. Certificates shall be awarded to suggesters of 9 34 implemented suggestions that result in a direct cost reduction 9 35 of less than one hundred dollars. The state agency head shall 10 1 make the determination as to who will receive certificates. 10 2 That decision is final. 10 3 4. An award made pursuant to this section shall be paid 10 4 for out of the appropriated funds of the state agency 10 5 realizing the cost savings, but the payment for awards shall 10 6 not violate any state or federal contract, law, or regulation, 10 7 or impair any agency contractual obligation. 10 8 5. a. A state agency shall keep records of each 10 9 suggestion implemented and the cost savings resulting from the 10 10 suggestion for a period of one year from the date of 10 11 implementation of the suggestion. 10 12 b. The director shall file a report with the governor and 10 13 the general assembly for each fiscal year, relating to the 10 14 administration and implementation of the suggestion system and 10 15 the benefits for the state, the state departments, and state 10 16 employees. 10 17 6. The ability of employees to patent ideas submitted 10 18 under this section is subject to all other agency rules and 10 19 Code requirements pertaining to patents. 10 20 Sec. 15. NEW SECTION. 8A.115 DEPARTMENT DEBTS AND 10 21 LIABILITIES – APPROPRIATION. 10 22 If a service provided by the department and funded from a 10 23 revolving fund established under section 8A.111 ceases to be 10 24 provided and insufficient funds remain in the revolving fund 10 25 to pay any outstanding debts and liabilities relating to that 10 26 service, moneys are appropriated from the general fund of the 10 27 state to the department to pay such debts and liabilities. 10 28 ARTICLE 2 10 29 INFORMATION TECHNOLOGY 10 30 GENERAL PROVISIONS 10 31 Sec. 16. NEW SECTION. 8A.201 DEFINITIONS. 10 32 As used in this article, unless the context otherwise 10 33 requires: 10 34 1. "Information technology" means computing and 10 35 electronics applications used to process and distribute 11 1 information in digital and other forms and includes 11 2 information technology devices, information technology 11 3 services, and value-added services. 11 4 2. "Information technology council" means the information 11 5 technology council established in section 8A.204. 11 6 3. "Information technology device" means equipment or 11 7 associated software, including programs, languages, 11 8 procedures, or associated documentation, used in operating the 11 9 equipment which is designed for utilizing information stored 11 10 in an electronic format. "Information technology device" 11 11 includes but is not limited to computer systems, computer 11 12 networks, and equipment used for input, output, processing, 11 13 storage, display, scanning, and printing. 11 14 4. "Information technology services" means services 11 15 designed to do any of the following: 11 16 a. Provide functions, maintenance, and support of 11 17 information technology devices. 11 18 b. Provide services including, but not limited to, any of 11 19 the following: 11 20 (1) Computer systems application development and 11 21 maintenance. 11 22 (2) Systems integration and interoperability. 11 23 (3) Operating systems maintenance and design. 11 24 (4) Computer systems programming. 11 25 (5) Computer systems software support. 11 26 (6) Planning and security relating to information 11 27 technology devices. 11 28 (7) Data management consultation. 11 29 (8) Information technology education and consulting. 11 30 (9) Information technology planning and standards. 11 31 (10) Establishment of local area network and workstation 11 32 management standards. 11 33 5. "Participating agency" means any agency other than any 11 34 of the following: 11 35 a. The state board of regents and institutions operated 12 1 under the authority of the state board of regents. 12 2 b. The public broadcasting division of the department of 12 3 education. 12 4 c. The state department of transportation mobile radio 12 5 network. 12 6 d. The department of public safety law enforcement 12 7 communications systems. 12 8 e. The telecommunications and technology commission 12 9 established in section 8D.3, with respect to information 12 10 technology that is unique to the Iowa communications network. 12 11 6. "Value-added services" means services that offer or 12 12 provide unique, special, or enhanced value, benefits, or 12 13 features to the customer or user, including, but not limited 12 14 to, services in which information technology is specially 12 15 designed, modified, or adapted to meet the special or 12 16 requested needs of the user or customer, services involving 12 17 the delivery, provision, or transmission of information or 12 18 data that require or involve additional processing, 12 19 formatting, enhancement, compilation or security, services 12 20 that provide the customer or user with enhanced accessibility, 12 21 security or convenience, research and development services, 12 22 and services that are provided to support technological or 12 23 statutory requirements imposed on participating agencies and 12 24 other governmental entities, businesses, and the public. 12 25 Sec. 17. NEW SECTION. 8A.202 INFORMATION TECHNOLOGY 12 26 SERVICES – MISSION – POWERS AND DUTIES – RESPONSIBILITIES. 12 27 1. MISSION. The mission of the department as it relates 12 28 to information technology services is to provide high-quality, 12 29 customer-focused information technology services and business 12 30 solutions to government and to citizens. 12 31 2. POWERS AND DUTIES OF DEPARTMENT. The powers and duties 12 32 of the department as it relates to information technology 12 33 services shall include, but are not limited to, all of the 12 34 following: 12 35 a. Providing information technology to agencies and other 13 1 governmental entities. 13 2 b. Implementing the strategic information technology plan. 13 3 c. Developing and implementing a business continuity plan, 13 4 as the director determines is appropriate, to be used if a 13 5 disruption occurs in the provision of information technology 13 6 to participating agencies and other governmental entities. 13 7 d. Prescribing standards and adopting rules relating to 13 8 information technology and procurement, including but not 13 9 limited to system design and systems integration and 13 10 interoperability, which shall apply to all participating 13 11 agencies except as otherwise provided in this chapter. The 13 12 department shall implement information technology standards as 13 13 established pursuant to this chapter which are applicable to 13 14 information technology procurements for participating 13 15 agencies. 13 16 e. Prescribing standards and adopting rules relating to 13 17 standards for an electronic repository for maintaining 13 18 mandated agency reports as provided in section 304.13A. Such 13 19 repository shall be developed and maintained for the purpose 13 20 of providing public access to such mandated reports. The 13 21 department shall prescribe such standards and adopt rules 13 22 relating to such standards in consultation with the state 13 23 librarian. 13 24 f. Developing and maintaining security policies and 13 25 systems to ensure the integrity of the state's information 13 26 resources and to prevent the disclosure of confidential 13 27 records. 13 28 g. Developing and implementing effective and efficient 13 29 strategies for the use and provision of information technology 13 30 for participating agencies and other governmental entities. 13 31 h. Coordinating the acquisition of information technology 13 32 by participating agencies in furtherance of the purposes of 13 33 this chapter. The department shall institute procedures to 13 34 ensure effective and efficient compliance with the applicable 13 35 standards established pursuant to this article. This article 14 1 shall not be construed to prohibit or limit a participating 14 2 agency from entering into an agreement or contract for 14 3 information technology with a qualified private entity. 14 4 i. Entering into contracts, leases, licensing agreements, 14 5 royalty agreements, marketing agreements, memorandums of 14 6 understanding, or other agreements as necessary and 14 7 appropriate to administer this article. 14 8 j. Requesting that a participating agency provide such 14 9 information as is necessary to establish and maintain an 14 10 inventory of information technology used by participating 14 11 agencies, and such participating agency shall provide such 14 12 information to the department in a timely manner. The form 14 13 and content of the information to be provided shall be 14 14 determined by the department. 14 15 k. Charging reasonable fees, costs, expenses, charges, or 14 16 other amounts to an agency, governmental entity, public 14 17 official, or person or entity related to the provision, sale, 14 18 use, or utilization of, or cost sharing with respect to, 14 19 information technology and any intellectual property interests 14 20 related thereto, research and development, proprietary 14 21 hardware, software, and applications, and information 14 22 technology architecture and design. The department may enter 14 23 into nondisclosure agreements and take any other legal action 14 24 reasonably necessary to secure a right to an interest in 14 25 information technology development by or on behalf of the 14 26 state of Iowa and to protect the state of Iowa's proprietary 14 27 information technology and intellectual property interests. 14 28 The provisions of chapter 23A relating to noncompetition by 14 29 state agencies and political subdivisions with private 14 30 enterprise shall not apply to department activities authorized 14 31 under this paragraph. 14 32 l. Charging reasonable fees, costs, expenses, charges, or 14 33 other amounts to an agency, governmental entity, public 14 34 official, or other person or entity to or for whom information 14 35 technology or other services have been provided by or on 15 1 behalf of, or otherwise made available through, the 15 2 department. 15 3 m. Providing, selling, leasing, licensing, transferring, 15 4 or otherwise conveying or disposing of information technology, 15 5 or any intellectual property or other rights with respect 15 6 thereto, to agencies, governmental entities, public officials, 15 7 or other persons or entities. 15 8 n. Entering into partnerships, contracts, leases, or other 15 9 agreements with public and private entities for the evaluation 15 10 and development of information technology pilot projects. 15 11 o. Initiating and supporting the development of electronic 15 12 commerce, electronic government, and internet applications 15 13 across participating agencies and in cooperation with other 15 14 governmental entities. The department shall foster joint 15 15 development of electronic commerce and electronic government 15 16 involving the public and private sectors, develop customer 15 17 surveys and citizen outreach and education programs and 15 18 material, and provide for citizen input regarding the state's 15 19 electronic commerce and electronic government applications. 15 20 3. RESPONSIBILITIES. The responsibilities of the 15 21 department as it relates to information technology services 15 22 include the following: 15 23 a. Coordinate the activities of the department in 15 24 promoting, integrating, and supporting information technology 15 25 in all business aspects of state government. 15 26 b. Provide for server systems, including mainframe and 15 27 other server operations, desktop support, and applications 15 28 integration. 15 29 c. Provide applications development, support, and 15 30 training, and advice and assistance in developing and 15 31 supporting business applications throughout state government. 15 32 4. INFORMATION TECHNOLOGY CHARGES. The department shall 15 33 render a statement to an agency, governmental entity, public 15 34 official, or other person or entity to or for whom information 15 35 technology, value-added services, or other items or services 16 1 have been provided by or on behalf of, or otherwise made 16 2 available through, the department. Such an agency, 16 3 governmental entity, public official, or other person or 16 4 entity shall pay an amount indicated on such statement in a 16 5 manner determined by the department. 16 6 5. DISPUTE RESOLUTION. If a dispute arises between the 16 7 department and an agency for which the department provides or 16 8 refuses to provide information technology, the dispute shall 16 9 be resolved as provided in section 679A.19. 16 10 Sec. 18. NEW SECTION. 8A.203 DIRECTOR – INFORMATION 16 11 TECHNOLOGY SERVICES POWERS AND DUTIES. 16 12 The director shall do all of the following as it relates to 16 13 information technology services: 16 14 1. Prescribe and adopt information technology standards 16 15 and rules. 16 16 2. Develop and recommend legislative proposals deemed 16 17 necessary for the continued efficiency of the department in 16 18 performing information technology functions, and review 16 19 legislative proposals generated outside of the department 16 20 which are related to matters within the department's purview. 16 21 3. Provide advice to the governor on issues related to 16 22 information technology. 16 23 4. Consult with agencies and other governmental entities 16 24 on issues relating to information technology. 16 25 5. Work with all governmental entities in an effort to 16 26 achieve the information technology goals established by the 16 27 department. 16 28 Sec. 19. NEW SECTION. 8A.204 INFORMATION TECHNOLOGY 16 29 COUNCIL – MEMBERS – POWERS AND DUTIES. 16 30 1. MEMBERSHIP. 16 31 a. The information technology council is composed of 16 32 fourteen members including the following: 16 33 (1) The chairperson of the IowAccess advisory council 16 34 established in section 8A.221, or the chairperson's designee. 16 35 (2) Two executive branch department heads appointed by the 17 1 governor. 17 2 (3) Six persons appointed by the governor who are 17 3 knowledgeable in information technology matters. 17 4 (4) One person representing the judicial branch appointed 17 5 by the chief justice of the supreme court who shall serve in 17 6 an ex officio, nonvoting capacity. 17 7 (5) Four members of the general assembly with not more 17 8 than one member from each house being from the same political 17 9 party. The two senators shall be designated by the president 17 10 of the senate after consultation with the majority and 17 11 minority leaders of the senate. The two representatives shall 17 12 be designated by the speaker of the house of representatives 17 13 after consultation with the majority and minority leaders of 17 14 the house of representatives. Legislative members shall serve 17 15 in an ex officio, nonvoting capacity. A legislative member is 17 16 eligible for per diem and expenses as provided in section 17 17 2.10. 17 18 b. The members appointed pursuant to paragraph "a" shall 17 19 serve four-year staggered terms and such appointments to the 17 20 information technology council are subject to the requirements 17 21 of sections 69.16, 69.16A, and 69.19. The four-year terms of 17 22 members appointed by the governor shall be staggered as 17 23 designated by the governor. Members appointed by the governor 17 24 are subject to senate confirmation and may also be eligible to 17 25 receive compensation as provided in section 7E.6. Members 17 26 shall be reimbursed for actual and necessary expenses incurred 17 27 in performance of the members' duties. 17 28 c. The information technology council shall annually elect 17 29 its own chairperson from among the voting members of the 17 30 council. A majority of the voting members of the council 17 31 constitutes a quorum. 17 32 2. DUTIES. The information technology council shall do 17 33 all of the following: 17 34 a. Advise the department in the development of recommended 17 35 standards for consideration with respect to the procurement of 18 1 information technology by all participating agencies. 18 2 b. Appoint advisory committees as appropriate to assist 18 3 the department in developing strategies for the use and 18 4 provision of information technology and establishing other 18 5 advisory committees as necessary to assist the information 18 6 technology council in carrying out its duties under this 18 7 article. The number of advisory committees and their 18 8 membership shall be determined by the information technology 18 9 council to assure that the public and agencies and other 18 10 governmental entities have an opportunity to comment on the 18 11 services provided and the service goals and objectives of the 18 12 department. 18 13 c. Advise the department in the preparation and annual 18 14 update of the strategic information technology plan for the 18 15 use of information technology throughout state government. 18 16 The plan shall promote participation in cooperative projects 18 17 with other governmental entities. The plan shall establish a 18 18 mission, goals, and objectives for the use of information 18 19 technology, including goals for electronic access to public 18 20 records, information, and services. The plan shall be 18 21 submitted annually to the governor and the general assembly. 18 22 d. Review, as deemed appropriate by the information 18 23 technology council, legislative proposals recommended by the 18 24 director, or other legislative proposals as developed and 18 25 deemed necessary by the information technology council. 18 26 e. Review the recommendations of the IowAccess advisory 18 27 council regarding rates to be charged for access to and for 18 28 value-added services performed through IowAccess. The 18 29 information technology council shall report the establishment 18 30 of a new rate or change in the level of an existing rate to 18 31 the department who will then notify the department of 18 32 management, and the department of management shall notify the 18 33 legislative fiscal bureau regarding the rate establishment or 18 34 change. 18 35 Sec. 20. NEW SECTION. 8A.205 DIGITAL GOVERNMENT. 19 1 1. The department is responsible for initiating and 19 2 supporting the development of electronic commerce, electronic 19 3 government, and internet applications across participating 19 4 agencies and in cooperation with other governmental entities. 19 5 2. In developing the concept of digital government, the 19 6 department shall do all of the following: 19 7 a. Establish standards, consistent with other state law, 19 8 for the implementation of electronic commerce, including 19 9 standards for digital signatures, electronic currency, and 19 10 other items associated with electronic commerce. 19 11 b. Establish guidelines for the appearance and functioning 19 12 of applications. 19 13 c. Establish standards for the integration of electronic 19 14 data across state agencies. 19 15 d. Foster joint development of electronic commerce and 19 16 electronic government involving the public and private 19 17 sectors. 19 18 e. Develop customer surveys and citizen outreach and 19 19 education programs and material, and provide for citizen input 19 20 regarding the state's electronic commerce and electronic 19 21 government applications. 19 22 f. Provide staff support for the IowAccess advisory 19 23 council. 19 24 Sec. 21. NEW SECTION. 8A.206 INFORMATION TECHNOLOGY 19 25 STANDARDS. 19 26 1. The department shall develop, in consultation with the 19 27 information technology council, recommended standards for 19 28 consideration with respect to the procurement of information 19 29 technology by all participating agencies. It is the intent of 19 30 the general assembly that information technology standards be 19 31 established for the purpose of guiding such procurements. 19 32 Such standards, unless waived by the department, shall apply 19 33 to all information technology procurements for participating 19 34 agencies. 19 35 2. The office of the governor or the office of an elective 20 1 constitutional or statutory officer shall consult with the 20 2 department prior to procuring information technology and 20 3 consider the standards recommended by the department, and 20 4 provide a written report to the department relating to the 20 5 office's decision regarding such acquisitions. 20 6 Sec. 22. NEW SECTION. 8A.207 PROCUREMENT OF INFORMATION 20 7 TECHNOLOGY. 20 8 1. Standards established by the department, unless waived 20 9 by the department, shall apply to all information technology 20 10 procurements for participating agencies. 20 11 2. The department shall institute procedures to ensure 20 12 effective and efficient compliance with standards established 20 13 by the department. 20 14 3. The department, by rule, may implement a 20 15 prequalification procedure for contractors with which the 20 16 department has entered or intends to enter into agreements 20 17 regarding the procurement of information technology. 20 18 4. Notwithstanding the provisions governing purchasing as 20 19 provided in article III, the department may procure 20 20 information technology as provided in this section. The 20 21 department may cooperate with other governmental entities in 20 22 the procurement of information technology in an effort to make 20 23 such procurements in a cost-effective, efficient manner as 20 24 provided in this section. The department, as deemed 20 25 appropriate and cost-effective, may procure information 20 26 technology using any of the following methods: 20 27 a. Cooperative procurement agreement. The department may 20 28 enter into a cooperative procurement agreement with another 20 29 governmental entity relating to the procurement of information 20 30 technology, whether such information technology is for the use 20 31 of the department or other governmental entities. The 20 32 cooperative procurement agreement shall clearly specify the 20 33 purpose of the agreement and the method by which such purpose 20 34 will be accomplished. Any power exercised under such 20 35 agreement shall not exceed the power granted to any party to 21 1 the agreement. 21 2 b. Negotiated contract. The department may enter into an 21 3 agreement for the purchase of information technology if any of 21 4 the following applies: 21 5 (1) The contract price, terms, and conditions are pursuant 21 6 to the current federal supply contract, and the purchase order 21 7 adequately identifies the federal supply contract under which 21 8 the procurement is to be made. 21 9 (2) The contract price, terms, and conditions are no less 21 10 favorable than the contractor's current federal supply 21 11 contract price, terms, and conditions; the contractor has 21 12 indicated in writing a willingness to extend such price, 21 13 terms, and conditions to the department; and the purchase 21 14 order adequately identifies the contract relied upon. 21 15 (3) The contract is with a vendor which has a current 21 16 exclusive or nonexclusive price agreement with the state for 21 17 the information technology to be procured, and such 21 18 information technology meets the same standards and 21 19 specifications as the items to be procured and both of the 21 20 following apply: 21 21 (a) The quantity purchased does not exceed the quantity 21 22 which may be purchased under the applicable price agreement. 21 23 (b) The purchase order adequately identifies the price 21 24 agreement relied upon. 21 25 c. Contracts let by another governmental entity. The 21 26 department, on its own behalf or on the behalf of another 21 27 participating agency or governmental entity, may procure 21 28 information technology under a contract let by another agency 21 29 or other governmental entity, or approve such procurement in 21 30 the same manner by a participating agency or governmental 21 31 entity. 21 32 d. Reverse auction. 21 33 (1) The department may enter into an agreement for the 21 34 purchase of information technology utilizing a reverse auction 21 35 process. Such process shall result in the purchase of 22 1 information technology from the vendor submitting the lowest 22 2 responsible bid amount for the information technology to be 22 3 acquired. The department, in establishing a reverse auction 22 4 process, shall do all of the following: 22 5 (a) Determine the specifications and requirements of the 22 6 information technology to be acquired. 22 7 (b) Identify and provide notice to potential vendors 22 8 concerning the proposed acquisition. 22 9 (c) Establish prequalification requirements to be met by a 22 10 vendor to be eligible to participate in the reverse auction. 22 11 (d) Conduct the reverse auction in a manner as deemed 22 12 appropriate by the department, and consistent with rules 22 13 adopted by the department. 22 14 (2) Prior to conducting a reverse auction, the department 22 15 shall establish a threshold amount which shall be the maximum 22 16 amount which the department is willing to pay for the 22 17 information technology to be acquired. 22 18 (3) The department shall enter into an agreement with a 22 19 vendor who is the lowest responsible bidder which meets the 22 20 specifications or description of the information technology to 22 21 be procured, or the department may reject all bids and begin 22 22 the process again. In determining the lowest responsible 22 23 bidder, the department may consider various factors, 22 24 including, but not limited to, the past performance of the 22 25 vendor relative to quality of product or service, the past 22 26 experience of the department in relation to the product or 22 27 service, the relative quality of products or services, the 22 28 proposed terms of delivery, and the best interest of the 22 29 state. 22 30 e. Competitive bidding. The department may enter into an 22 31 agreement for the procurement or acquisition of information 22 32 technology in the same manner as provided under article III 22 33 for the purchasing of service. 22 34 f. Other agreements. In addition to the competitive 22 35 bidding procedure provided for under paragraph "e", the 23 1 department may enter into an agreement for the purchase, 23 2 disposal, or other disposition of information technology in 23 3 the same manner and subject to the same limitations as 23 4 otherwise provided in this chapter. The department, by rule, 23 5 shall provide for such procedures. 23 6 5. The department shall adopt rules pursuant to chapter 23 7 17A to implement the procurement methods and procedures 23 8 provided for in subsections 2 through 4. 23 9 IOWACCESS 23 10 Sec. 23. NEW SECTION. 8A.221 IOWACCESS ADVISORY COUNCIL 23 11 ESTABLISHED – DUTIES – MEMBERSHIP. 23 12 1. ADVISORY COUNCIL ESTABLISHED. An IowAccess advisory 23 13 council is established within the department for the purpose 23 14 of creating and providing a service to the citizens of this 23 15 state that is the gateway for one-stop electronic access to 23 16 government information and transactions, whether federal, 23 17 state, or local. Except as provided in this section, 23 18 IowAccess shall be a state-funded service providing access to 23 19 government information and transactions. The department, in 23 20 establishing the fees for value-added services, shall consider 23 21 the reasonable cost of creating and organizing such government 23 22 information through IowAccess. 23 23 2. DUTIES. 23 24 a. The advisory council shall do all of the following: 23 25 (1) Recommend to the information technology council rates 23 26 to be charged for access to and for value-added services 23 27 performed through IowAccess. 23 28 (2) Recommend to the director the priority of projects 23 29 associated with IowAccess. 23 30 (3) Recommend to the director expected outcomes and 23 31 effects of the use of IowAccess and determine the manner in 23 32 which such outcomes are to be measured and evaluated. 23 33 (4) Review and recommend to the director the IowAccess 23 34 total budget request and ensure that such request reflects the 23 35 priorities and goals of IowAccess as established by the 24 1 advisory council. 24 2 (5) Review and recommend to the director all rules to be 24 3 adopted by the department that are related to IowAccess. 24 4 (6) Advocate for access to government information and 24 5 services through IowAccess and for data privacy protection, 24 6 information ethics, accuracy, and security in IowAccess 24 7 programs and services. 24 8 (7) Receive status and operations reports associated with 24 9 IowAccess. 24 10 (8) Other duties as assigned by the director. 24 11 b. The advisory council shall also advise the director 24 12 with respect to the operation of IowAccess and encourage and 24 13 implement access to government and its public records by the 24 14 citizens of this state. 24 15 c. The advisory council shall serve as a link between the 24 16 users of public records, the lawful custodians of such public 24 17 records, and the citizens of this state who are the owners of 24 18 such public records. 24 19 d. The advisory council shall ensure that IowAccess gives 24 20 priority to serving the needs of the citizens of this state. 24 21 3. MEMBERSHIP. 24 22 a. The advisory council shall be composed of nineteen 24 23 members including the following: 24 24 (1) Five persons appointed by the governor representing 24 25 the primary customers of IowAccess. 24 26 (2) Six persons representing lawful custodians as follows: 24 27 (a) One person representing the legislative branch, who 24 28 shall not be a member of the general assembly, to be appointed 24 29 jointly by the president of the senate, after consultation 24 30 with the majority and minority leaders of the senate, and by 24 31 the speaker of the house of representatives, after 24 32 consultation with the majority and minority leaders of the 24 33 house of representatives. 24 34 (b) One person representing the judicial branch as 24 35 designated by the chief justice of the supreme court. 25 1 (c) One person representing the executive branch as 25 2 designated by the governor. 25 3 (d) One person to be appointed by the governor 25 4 representing cities who shall be actively engaged in the 25 5 administration of a city. 25 6 (e) One person to be appointed by the governor 25 7 representing counties who shall be actively engaged in the 25 8 administration of a county. 25 9 (f) One person to be appointed by the governor 25 10 representing the federal government. 25 11 (3) Four members to be appointed by the governor 25 12 representing a cross section of the citizens of the state. 25 13 (4) Four members of the general assembly, two from the 25 14 senate and two from the house of representatives, with not 25 15 more than one member from each chamber being from the same 25 16 political party. The two senators shall be designated by the 25 17 president of the senate after consultation with the majority 25 18 and minority leaders of the senate. The two representatives 25 19 shall be designated by the speaker of the house of 25 20 representatives after consultation with the majority and 25 21 minority leaders of the house of representatives. Legislative 25 22 members shall serve in an ex officio, nonvoting capacity. A 25 23 legislative member is eligible for per diem and expenses as 25 24 provided in section 2.10. 25 25 b. Members appointed by the governor are subject to 25 26 confirmation by the senate and shall serve four-year staggered 25 27 terms as designated by the governor. The advisory council 25 28 shall annually elect its own chairperson from among the voting 25 29 members of the board. Members appointed by the governor are 25 30 subject to the requirements of sections 69.16, 69.16A, and 25 31 69.19. Members appointed by the governor shall be reimbursed 25 32 for actual and necessary expenses incurred in performance of 25 33 their duties. Such members may also be eligible to receive 25 34 compensation as provided in section 7E.6. 25 35 4. This section shall not be construed to impair the right 26 1 of a person to contract to purchase information or data from 26 2 the Iowa court information system or any other governmental 26 3 entity. This section shall not be construed to affect a data 26 4 purchase agreement or contract in existence on April 25, 2000. 26 5 Sec. 24. NEW SECTION. 8A.222 FINANCIAL TRANSACTIONS. 26 6 1. Moneys paid to a participating agency from persons who 26 7 complete an electronic financial transaction with the agency 26 8 by accessing IowAccess shall be transferred to the treasurer 26 9 of state for deposit in the general fund of the state, unless 26 10 the disposition of the moneys is specifically provided for 26 11 under other law. The moneys may include all of the following: 26 12 a. Fees required to obtain an electronic public record as 26 13 provided in section 22.3A. 26 14 b. Fees required to process an application or file a 26 15 document, including but not limited to fees required to obtain 26 16 a license issued by a licensing authority. 26 17 c. Moneys owed to a governmental entity by a person 26 18 accessing IowAccess in order to satisfy a liability arising 26 19 from the operation of law, including the payment of 26 20 assessments, taxes, fines, and civil penalties. 26 21 2. Moneys transferred using IowAccess may include amounts 26 22 owed by a governmental entity to a person accessing IowAccess 26 23 in order to satisfy a liability of the governmental entity. 26 24 The moneys may include the payment of tax refunds, and the 26 25 disbursement of support payments as defined in section 252D.16 26 26 or 598.1 as required for orders issued pursuant to section 26 27 252B.14. 26 28 3. In addition to other forms of payment, credit cards 26 29 shall be accepted in payment for moneys owed to or fees 26 30 imposed by a governmental entity in the same manner as 26 31 provided in section 8A.113. 26 32 4. Notwithstanding any other provision of this section, 26 33 the department may establish for the fiscal years beginning 26 34 July 1, 2003, and ending June 30, 2005, a pilot project for 26 35 fee collection. Fees shall be collected based on the ability 27 1 to access court information from remote locations. 27 2 Sec. 25. NEW SECTION. 8A.223 AUDITS REQUIRED. 27 3 A technology audit of the electronic transmission system by 27 4 which government records are transmitted electronically to the 27 5 public shall be conducted not less than once annually for the 27 6 purpose of determining that government records and other 27 7 electronic data are not misappropriated or misused by the 27 8 department or a contractor of the department. 27 9 Sec. 26. NEW SECTION. 8A.224 IOWACCESS REVOLVING FUND. 27 10 An IowAccess revolving fund is created in the state 27 11 treasury. The revolving fund shall be administered by the 27 12 department and shall consist of moneys collected by the 27 13 department as fees, moneys appropriated by the general 27 14 assembly, and any other moneys obtained or accepted by the 27 15 department for deposit in the revolving fund. The proceeds of 27 16 the revolving fund are appropriated to and shall be used by 27 17 the department to maintain, develop, operate, and expand 27 18 IowAccess consistent with this article. The department shall 27 19 submit an annual report not later than January 31 to the 27 20 members of the general assembly and the legislative fiscal 27 21 bureau, of the activities funded by and expenditures made from 27 22 the revolving fund during the preceding fiscal year. Section 27 23 8.33 does not apply to any moneys in the revolving fund and, 27 24 notwithstanding section 12C.7, subsection 2, earnings or 27 25 interest on moneys deposited in the revolving fund shall be 27 26 credited to the revolving fund. 27 27 ARTICLE 3 27 28 PHYSICAL RESOURCES 27 29 GENERAL PROVISIONS 27 30 Sec. 27. NEW SECTION. 8A.301 DEFINITIONS. 27 31 When used in this article, unless the context otherwise 27 32 requires: 27 33 1. "Bid specification" means the standards or qualities 27 34 which must be met before a contract to purchase will be 27 35 awarded and any terms which the director has set as a 28 1 condition precedent to the awarding of a contract. 28 2 2. "Competitive bidding procedure" means the advertisement 28 3 for, solicitation of, or the procurement of bids; the manner 28 4 and condition in which bids are received; and the procedure by 28 5 which bids are opened, accessed, accepted, rejected, or 28 6 awarded. A "competitive bidding procedure" may include a 28 7 transaction accomplished in an electronic format. 28 8 3. "Life cycle cost" means the expected total cost of 28 9 ownership during the life of a product. 28 10 4. "Printing" means, as used in chapter 7A and this 28 11 article, the reproduction of an image from a printing surface 28 12 made generally by a contact impression that causes a transfer 28 13 of ink, the reproduction of an impression by a photographic 28 14 process, or the reproduction of an image by electronic means 28 15 and shall include binding and may include material, processes, 28 16 or operations necessary to produce a finished printed product, 28 17 but shall not include binding, rebinding or repairs of books, 28 18 journals, pamphlets, magazines and literary articles by any 28 19 library of the state or any of its offices, departments, 28 20 boards, and commissions held as a part of their library 28 21 collection. 28 22 5. "State buildings and grounds" excludes any building 28 23 under the custody and control of the Iowa public employees' 28 24 retirement system. 28 25 Sec. 28. NEW SECTION. 8A.302 DEPARTMENTAL DUTIES – 28 26 PHYSICAL RESOURCES. 28 27 The duties of the department as it relates to the physical 28 28 resources of state government shall include but not 28 29 necessarily be limited to the following: 28 30 1. Providing a system of uniform standards and 28 31 specifications for purchasing. When the system is developed, 28 32 all items of general use shall be purchased through the 28 33 department, except items used by the state department of 28 34 transportation, institutions under the control of the state 28 35 board of regents, the department for the blind, and any other 29 1 agencies exempted by law. 29 2 2. Providing for the proper maintenance of the state 29 3 capitol, grounds, and equipment, and all other state buildings 29 4 and grounds, and equipment at the seat of government, and of 29 5 the state laboratories facility in Ankeny, except those 29 6 referred to in section 216B.3, subsection 6. 29 7 3. Providing for mail services for all state officials, 29 8 agencies, and departments located at the seat of government. 29 9 However, postage shall not be furnished to the general 29 10 assembly, its members, officers, employees, or committees. 29 11 4. Providing architectural services, contracting for 29 12 construction and construction oversight for state agencies 29 13 except for the state board of regents, department of 29 14 transportation, national guard, natural resource commission, 29 15 and the Iowa public employees' retirement system. Capital 29 16 funding appropriated to state agencies, except to the state 29 17 board of regents, department of transportation, national 29 18 guard, natural resource commission, and the Iowa public 29 19 employees' retirement system, for property management shall be 29 20 transferred for administration to the director of the 29 21 department of administrative services. 29 22 5. Developing and implementing procedures to conduct 29 23 transactions, including purchasing, authorized by this article 29 24 in an electronic format to the extent determined appropriate 29 25 by the department. The director shall adopt rules 29 26 establishing criteria for competitive bidding procedures 29 27 involving transactions in an electronic format, including 29 28 criteria for accepting or rejecting bids which are 29 29 electronically transmitted to the department, and for 29 30 establishing with reasonable assurance the authenticity of the 29 31 bid and the bidder's identity. 29 32 6. Providing insurance for motor vehicles owned by the 29 33 state. 29 34 PURCHASING 29 35 Sec. 29. NEW SECTION. 8A.311 COMPETITIVE BIDDING – 30 1 PREFERENCES – RECIPROCAL APPLICATION – DIRECT PURCHASING. 30 2 The director shall adopt rules establishing competitive 30 3 bidding procedures. 30 4 1. All equipment, supplies, or services procured by the 30 5 department shall be purchased by a competitive bidding 30 6 procedure. However, the director may exempt by rule purchases 30 7 of noncompetitive items and purchases in lots or quantities 30 8 too small to be effectively purchased by competitive bidding. 30 9 Preference shall be given to purchasing Iowa products and 30 10 purchases from Iowa-based businesses if the Iowa-based 30 11 business bids submitted are comparable in price to bids 30 12 submitted by out-of-state businesses and otherwise meet the 30 13 required specifications. If the laws of another state mandate 30 14 a percentage preference for businesses or products from that 30 15 state and the effect of the preference is that bids of Iowa 30 16 businesses or products that are otherwise low and responsive 30 17 are not selected in the other state, the same percentage 30 18 preference shall be applied to Iowa businesses and products 30 19 when businesses or products from that other state are bid to 30 20 supply Iowa requirements. 30 21 2. The director may also exempt the purchase of an item or 30 22 service from a competitive bidding procedure when the director 30 23 determines that the best interests of the state will be served 30 24 by the exemption which shall be based on one of the following: 30 25 a. An immediate or emergency need existing for the item or 30 26 service. 30 27 b. A need to protect the health, safety, or welfare of 30 28 persons occupying or visiting a public improvement or property 30 29 located adjacent to the public improvement. 30 30 3. The director may contract for the purchase of items or 30 31 services by the department. Contracts for the purchase of 30 32 items or services shall be awarded on the basis of the lowest 30 33 competent bid. 30 34 4. The director may refuse all bids on any item or service 30 35 and request new bids. 31 1 5. The director shall establish by rule the amount of 31 2 security, if any, to accompany a bid or as a condition 31 3 precedent to the awarding of any contract and the 31 4 circumstances under which a security will be returned to the 31 5 bidder or forfeited to the state. 31 6 6. The director shall adopt rules providing a method for 31 7 the various state agencies to file with the department a list 31 8 of those supplies, equipment, machines, and all items needed 31 9 to properly perform their governmental duties and functions. 31 10 7. The director shall furnish a list of specifications, 31 11 prices, and discounts of contract items to any governmental 31 12 subdivision which shall be responsible for payment to the 31 13 vendor under the terms and conditions outlined in the state 31 14 contract. 31 15 8. The director shall adopt rules providing that any state 31 16 agency may, upon request, purchase directly from a vendor if 31 17 the direct purchasing is as economical or more economical than 31 18 purchasing through the department, or upon a showing that 31 19 direct purchasing by the state agency would be in the best 31 20 interests of the state due to an immediate or emergency need. 31 21 The rules shall include a provision permitting a state agency 31 22 to purchase directly from a vendor, on the agency's own 31 23 authority, if the purchase will not exceed five thousand 31 24 dollars and the purchase will contribute to the agency 31 25 complying with or exceeding the targeted small business 31 26 procurement goals under sections 73.15 through 73.21. 31 27 Any member of the executive council may bring before the 31 28 executive council for review a decision of the director 31 29 granting a state agency request for direct purchasing. The 31 30 executive council shall hear and review the director's 31 31 decision in the same manner as an appeal filed by an aggrieved 31 32 bidder, except that the three-day period for filing for review 31 33 shall not apply. 31 34 9. a. When the estimated total cost of construction, 31 35 erection, demolition, alteration, or repair of a public 32 1 improvement exceeds twenty-five thousand dollars, the 32 2 department shall solicit bids on the proposed improvement by 32 3 publishing an advertisement in a print format. The 32 4 advertisement shall appear in two publications in a newspaper 32 5 published in the county in which the work is to be done. The 32 6 first advertisement for bids appearing in a newspaper shall be 32 7 not less than fifteen days prior to the date set for receiving 32 8 bids. The department may publish an advertisement in an 32 9 electronic format as an additional method of soliciting bids 32 10 under this paragraph. 32 11 b. In awarding a contract under this subsection, the 32 12 department shall let the work to the lowest responsible bidder 32 13 submitting a sealed proposal. However, if the department 32 14 considers the bids received not to be acceptable, all bids may 32 15 be rejected and new bids requested. A bid shall be 32 16 accompanied by a certified or cashier's check or bid bond in 32 17 an amount designated in the advertisement for bids as security 32 18 that the bidder will enter into a contract for the work 32 19 requested. The department shall establish the bid security in 32 20 an amount equal to at least five percent, but not more than 32 21 ten percent of the estimated total cost of the work. The 32 22 certified or cashier's checks or bid bonds of unsuccessful 32 23 bidders shall be returned as soon as the successful bidder is 32 24 determined. The certified or cashier's check or bid bond of 32 25 the successful bidder shall be returned upon execution of the 32 26 contract. This subsection does not apply to the construction, 32 27 erection, demolition, alteration, or repair of a public 32 28 improvement when the contracting procedure for the work 32 29 requested is otherwise provided for in law. 32 30 10. The state and its political subdivisions shall give 32 31 preference to purchasing Iowa products and purchasing from 32 32 Iowa-based businesses if the bids submitted are comparable in 32 33 price to those submitted by other bidders and meet the 32 34 required specifications. 32 35 11. The director shall adopt rules which require that each 33 1 bid received for the purchase of items purchased by the 33 2 department includes a product content statement which provides 33 3 the percentage of the content of the item which is reclaimed 33 4 material. 33 5 12. The director shall review and, where necessary, revise 33 6 specifications used by state agencies to procure products in 33 7 order to ensure all of the following: 33 8 a. The procurement of products containing recovered 33 9 materials, including but not limited to lubricating oils, 33 10 retread tires, building insulation materials, and recovered 33 11 materials from waste tires. The specifications shall be 33 12 revised if they restrict the use of alternative materials, 33 13 exclude recovered materials, or require performance standards 33 14 which exclude products containing recovered materials unless 33 15 the agency seeking the product can document that the use of 33 16 recovered materials will hamper the intended use of the 33 17 product. 33 18 b. The procurement by state agencies of bio-based 33 19 hydraulic fluids, greases, and other industrial lubricants 33 20 manufactured from soybeans in accordance with the requirements 33 21 of section 8A.316. 33 22 13. A bidder awarded a state construction contract shall 33 23 disclose the names of all subcontractors, who will work on the 33 24 project being bid, within forty-eight hours after the award of 33 25 the contract. 33 26 If a subcontractor named by a bidder awarded a state 33 27 construction contract is replaced, or if the cost of work to 33 28 be done by a subcontractor is reduced, the bidder shall 33 29 disclose the name of the new subcontractor or the amount of 33 30 the reduced cost. 33 31 14. A state agency shall make every effort to purchase 33 32 those products produced for sale by sheltered workshops, work 33 33 activity centers, and other special programs funded in whole 33 34 or in part by public moneys that employ persons with mental 33 35 retardation or other developmental disabilities or mental 34 1 illness if the products meet the required specifications. 34 2 15. A state agency shall make every effort to purchase 34 3 products produced for sale by employers of persons in 34 4 supported employment. 34 5 16. The department shall not award a contract to a bidder 34 6 for a construction, reconstruction, demolition, or repair 34 7 project or improvement with an estimated cost that exceeds 34 8 twenty-five thousand dollars in which the bid requires the use 34 9 of inmate labor supplied by the department of corrections, but 34 10 not employed by private industry pursuant to section 904.809, 34 11 to perform the project or improvement. 34 12 17. This section does not apply to Iowa technology center 34 13 contracts in support of activities performed for another 34 14 governmental entity, either state or federal. The Iowa 34 15 technology center is an entity created by a chapter 28E 34 16 agreement entered into by the department of public defense. 34 17 18. Life cycle cost and energy efficiency shall be 34 18 included in the criteria used by the department, institutions 34 19 under the control of the state board of regents, the 34 20 department of transportation, the department for the blind, 34 21 and other state agencies in developing standards and 34 22 specifications for purchasing energy-consuming products. For 34 23 purposes of this subsection, the life cycle costs of American 34 24 motor vehicles shall be reduced by five percent in order to 34 25 determine if the motor vehicle is comparable to foreign-made 34 26 motor vehicles. "American motor vehicles" includes those 34 27 vehicles manufactured in this state and those vehicles in 34 28 which at least seventy percent of the value of the motor 34 29 vehicle was manufactured in the United States or Canada and at 34 30 least fifty percent of the motor vehicle sales of the 34 31 manufacturer are in the United States or Canada. In 34 32 determining the life cycle costs of a motor vehicle, the costs 34 33 shall be determined on the basis of the bid price, the resale 34 34 value, and the operating costs based upon a useable life of 34 35 five years or seventy-five thousand miles, whichever occurs 35 1 first. 35 2 19. Preference shall be given to purchasing American-made 35 3 products and purchases from American-based businesses if the 35 4 life cycle costs are comparable to those products of foreign 35 5 businesses and which most adequately fulfill the department's 35 6 need. 35 7 Sec. 30. NEW SECTION. 8A.312 COOPERATIVE PURCHASING. 35 8 The director may purchase items through the department of 35 9 transportation, institutions under the control of the state 35 10 board of regents, and any other agency exempted by law from 35 11 centralized purchasing. These state agencies shall upon 35 12 request furnish the director with a list of and specifications 35 13 for all items of office equipment, furniture, fixtures, motor 35 14 vehicles, heavy equipment, and other related items to be 35 15 purchased during the next quarter and the date by which the 35 16 director must file with the agency the quantity of items to be 35 17 purchased by the state agency for the department. The 35 18 department shall be liable to the state agency for the 35 19 proportionate costs the items purchased for the department 35 20 bear to the total purchase price. When items purchased have 35 21 been delivered, the state agency shall notify the director and 35 22 after receipt of the purchase price shall release the items to 35 23 the director or upon the director's order. 35 24 Sec. 31. NEW SECTION. 8A.313 DISPUTES INVOLVING 35 25 PURCHASING FROM IOWA STATE INDUSTRIES. 35 26 Disputes arising between the department of corrections and 35 27 a purchasing department or agency over the procurement of 35 28 products from Iowa state industries as described in section 35 29 904.808 shall be referred to the director. The decision of 35 30 the director is final unless a written appeal is filed with 35 31 the executive council within five days of receipt of the 35 32 decision of the director, excluding Saturdays, Sundays, and 35 33 legal holidays. If an appeal is filed, the executive council 35 34 shall hear and determine the appeal within thirty days. The 35 35 decision of the executive council is final. 36 1 Sec. 32. NEW SECTION. 8A.314 PURCHASING REVOLVING FUND. 36 2 1. A purchasing revolving fund is established within the 36 3 department. The director shall keep an accurate itemized 36 4 account for each state agency purchasing through the 36 5 department, using services provided for by the department, and 36 6 using postage supplied by the department. 36 7 2. At the end of each month the director shall render a 36 8 statement to each state agency for the actual cost of items 36 9 purchased through the department, and the actual cost of 36 10 services and postage used by the agency. The monthly 36 11 statement shall also include a fair proportion of the 36 12 administrative costs of the department during the month. The 36 13 portion of administrative costs shall be determined by the 36 14 director subject to review by the executive council upon 36 15 complaint from any state agency adversely affected. 36 16 3. Statements rendered to the various state agencies shall 36 17 be paid by the state agencies in the manner determined by the 36 18 department. When the statements are paid the sums shall be 36 19 credited to the purchasing revolving fund. If any funds 36 20 accrue to the revolving fund in excess of two hundred twenty- 36 21 five thousand dollars and there is no anticipated need or use 36 22 for such funds, the governor shall order the excess funds 36 23 credited to the general fund of the state. 36 24 Sec. 33. NEW SECTION. 8A.315 STATE PURCHASES – RECYCLED 36 25 PRODUCTS – SOYBEAN-BASED INKS. 36 26 1. When purchasing paper products other than printing and 36 27 writing paper, the department shall, when the price is 36 28 reasonably competitive and the quality as intended, purchase 36 29 the recycled product. The department shall also purchase, 36 30 when the price is reasonably competitive and the quality as 36 31 intended, and in keeping with the schedule established in this 36 32 subsection, soybean-based inks and plastic products with 36 33 recycled content including but not limited to plastic garbage 36 34 can liners. 36 35 a. One hundred percent of the purchases of inks which are 37 1 used for newsprint printing services performed internally or 37 2 contracted for by the department shall be soybean-based. 37 3 b. One hundred percent of the purchases of inks, other 37 4 than inks which are used for newsprint printing services, and 37 5 which are used internally or contracted for by the department, 37 6 shall be soybean-based to the extent formulations for such 37 7 inks are available. 37 8 c. A minimum of ten percent of the purchases of garbage 37 9 can liners made by the department shall be plastic garbage can 37 10 liners with recycled content. The percentage shall increase 37 11 by ten percent annually until fifty percent of the purchases 37 12 of garbage can liners are plastic garbage can liners with 37 13 recycled content. 37 14 d. The department shall report to the general assembly on 37 15 February 1 of each year the following: 37 16 (1) A listing of plastic products which are regularly 37 17 purchased by the department and other state agencies for which 37 18 recycled content product alternatives are available, including 37 19 the cost of the plastic products purchased and the cost of the 37 20 recycled content product alternatives. 37 21 (2) Information relating to soybean-based inks and plastic 37 22 garbage can liners with recycled content regularly purchased 37 23 by the department and other state agencies, including the cost 37 24 of purchasing soybean-based inks and plastic garbage can 37 25 liners with recycled content and the percentages of soybean- 37 26 based inks and plastic garbage can liners with recycled 37 27 content that have been purchased. 37 28 e. For purposes of this subsection, "recycled content" 37 29 means that the content of the product contains a minimum of 37 30 thirty percent postconsumer material. 37 31 2. a. Except as otherwise provided in this section, the 37 32 department shall purchase and use recycled printing and 37 33 writing paper so that ninety percent of the volume of printing 37 34 and writing paper purchased is recycled paper. The recycled 37 35 printing and writing paper shall meet the requirements for 38 1 procuring recycled printing and writing paper set forth in 40 38 2 C.F.R. pt. 247, and in related recovered materials advisory 38 3 notices issued by the United States environmental protection 38 4 agency. 38 5 b. The department shall establish a prioritization 38 6 procedure for the purchase of recycled paper which provides 38 7 for a five percent differential in the cost of the purchase of 38 8 paper which has been recycled through the use of a 38 9 nonchlorinated process. 38 10 c. If a provision under this subsection results in the 38 11 limitation of sources for the purchase of printing and writing 38 12 paper to three or fewer sources, the department may waive the 38 13 requirement in order to purchase necessary amounts of printing 38 14 and writing paper. 38 15 d. Notwithstanding the requirements of this subsection 38 16 regarding the purchase of recycled printing and writing paper, 38 17 the department shall purchase acid-free permanent paper in the 38 18 amount necessary for the production or reproduction of 38 19 documents, papers, or similar materials produced or reproduced 38 20 for permanent preservation pursuant to law. 38 21 3. The department, in conjunction with the department of 38 22 natural resources, shall review the procurement specifications 38 23 currently used by the state to eliminate, wherever possible, 38 24 discrimination against the procurement of products 38 25 manufactured with recovered materials and soybean-based inks. 38 26 4. The department of natural resources shall assist the 38 27 department in locating suppliers of recycled products and 38 28 soybean-based inks and collecting data on recycled content and 38 29 soybean-based ink purchases. 38 30 5. Information on recycled content shall be requested on 38 31 all bids for paper products other than printing and writing 38 32 paper issued by the state and on other bids for products which 38 33 could have recycled content such as oil, plastic products, 38 34 including but not limited to compost materials, aggregate, 38 35 solvents, soybean-based inks, and rubber products. Except for 39 1 purchases of printing and writing paper made pursuant to 39 2 subsection 2, paragraphs "c" and "d", the department shall 39 3 require persons submitting bids for printing and writing paper 39 4 to certify that the printing and writing paper proposed 39 5 complies with the requirements referred to in subsection 2, 39 6 paragraph "a". 39 7 6. The department, in conjunction with the department of 39 8 natural resources, shall adopt rules to administer this 39 9 section. 39 10 7. All state agencies shall fully cooperate with the 39 11 department and with the department of natural resources in all 39 12 phases of implementing this section. 39 13 8. The department, whenever technically feasible, shall 39 14 purchase and use degradable loose foam packing material 39 15 manufactured from grain starches or other renewable resources, 39 16 unless the cost of the packing material is more than ten 39 17 percent greater than the cost of packing material made from 39 18 nonrenewable resources. For the purposes of this subsection, 39 19 "packing material" means material, other than an exterior 39 20 packing shell, that is used to stabilize, protect, cushion, or 39 21 brace the contents of a package. 39 22 Sec. 34. NEW SECTION. 8A.316 LUBRICANTS AND OILS – 39 23 PREFERENCES. 39 24 The department shall do all of the following: 39 25 1. Revise its procedures and specifications for the 39 26 purchase of lubricating oil and industrial oil to eliminate 39 27 exclusion of recycled oils and any requirement that oils be 39 28 manufactured from virgin materials. 39 29 2. Require that purchases of lubricating oil and 39 30 industrial oil be made from the seller whose oil product 39 31 contains the greatest percentage of recycled oil, unless one 39 32 of the following circumstances regarding a specific oil 39 33 product containing recycled oil exists: 39 34 a. The product is not available within a reasonable period 39 35 of time or in quantities necessary or in container sizes 40 1 appropriate to meet a state agency's needs. 40 2 b. The product does not meet the performance requirements 40 3 or standards recommended by the equipment or vehicle 40 4 manufacturer, including any warranty requirements. 40 5 c. The product is available only at a cost greater than 40 6 one hundred five percent of the cost of comparable virgin oil 40 7 products. 40 8 3. Establish and maintain a preference program for 40 9 procuring oils containing the maximum content of recycled oil. 40 10 The preference program shall include but is not limited to all 40 11 of the following: 40 12 a. The inclusion of the preferences for recycled oil 40 13 products in publications used to solicit bids from suppliers. 40 14 b. The provision of a description of the recycled oil 40 15 procurement program at bidders' conferences. 40 16 c. Discussion of the preference program in lubricating oil 40 17 and industrial oil procurement solicitations or invitations to 40 18 bid. 40 19 d. Efforts to inform industry trade associations about the 40 20 preference program. 40 21 4. a. Provide that when purchasing hydraulic fluids, 40 22 greases, and other industrial lubricants, the department or a 40 23 state agency authorized by the department to directly purchase 40 24 hydraulic fluids, greases, and other industrial lubricants 40 25 shall give preference to purchasing bio-based hydraulic 40 26 fluids, greases, and other industrial lubricants manufactured 40 27 from soybeans. 40 28 b. Provide for the implementation of requirements 40 29 necessary in order to carry out this subsection by the 40 30 department or state agency making the purchase, which shall 40 31 include all of the following: 40 32 (1) Including the preference requirements in publications 40 33 used to solicit bids for hydraulic fluids, greases, and other 40 34 industrial lubricants. 40 35 (2) Describing the preference requirements at bidders' 41 1 conferences in which bids for the sale of hydraulic fluids, 41 2 greases, and other industrial lubricants are sought by the 41 3 department or authorized state agency. 41 4 (3) Discussing the preference requirements in procurement 41 5 solicitations or invitations to bid for hydraulic fluids, 41 6 greases, and other industrial lubricants. 41 7 (4) Informing industry trade associations about the 41 8 preference requirements. 41 9 c. As used in this subsection, unless the context 41 10 otherwise requires: 41 11 (1) "Bio-based hydraulic fluids, greases, and other 41 12 industrial lubricants" means the same as defined by the United 41 13 States department of agriculture, if the department has 41 14 adopted such a definition. If the United States department of 41 15 agriculture has not adopted a definition, "bio-based hydraulic 41 16 fluids, greases, and other industrial lubricants" means 41 17 hydraulic fluids, greases, and other lubricants containing a 41 18 minimum of fifty-one percent soybean oil. 41 19 (2) "Other industrial lubricants" means lubricants used or 41 20 applied to machinery. 41 21 PHYSICAL RESOURCES AND FACILITY MANAGEMENT 41 22 Sec. 35. NEW SECTION. 8A.321 PHYSICAL RESOURCES AND 41 23 FACILITY MANAGEMENT – DIRECTOR DUTIES – APPROPRIATION. 41 24 In managing the physical resources of government, the 41 25 director shall perform all of the following duties: 41 26 1. Provide for supervision over the custodians, and other 41 27 employees of the department in and about the capitol and other 41 28 state buildings, and the state laboratories facility in 41 29 Ankeny, except the buildings and grounds referred to in 41 30 section 216B.3, subsection 6, at the seat of government. 41 31 2. Institute, in the name of the state, and with the 41 32 advice and consent of the attorney general, civil and criminal 41 33 proceedings against any person for injury or threatened injury 41 34 to any public property, including but not limited to 41 35 intangible and intellectual property, under the person's 42 1 control. 42 2 3. Under the direction of the governor, provide, furnish, 42 3 and pay for public utilities service, heat, maintenance, minor 42 4 repairs, and equipment in operating and maintaining the 42 5 official residence of the governor of Iowa. 42 6 4. Contract, with the approval of the executive council, 42 7 for the repair, remodeling, or, if the condition warrants, 42 8 demolition of all buildings and grounds of the state at the 42 9 seat of government, at the state laboratories facility in 42 10 Ankeny, and the institutions of the department of human 42 11 services and the department of corrections for which no 42 12 specific appropriation has been made, if the cost of repair, 42 13 remodeling, or demolition will not exceed one hundred thousand 42 14 dollars when completed. The cost of repair projects for which 42 15 no specific appropriation has been made shall be paid from the 42 16 fund provided in section 7D.29. 42 17 5. Dispose of all personal property of the state under the 42 18 director's control as provided by section 8A.324 when it 42 19 becomes unnecessary or unfit for further use by the state. If 42 20 the director concludes that the personal property is 42 21 contaminated, contains hazardous waste, or is hazardous waste, 42 22 the director may charge the state agency responsible for the 42 23 property for removal and disposal of the personal property. 42 24 The director shall adopt rules establishing the procedures for 42 25 inspecting, selecting, and removing personal property from 42 26 state agencies or from state storage. 42 27 6. a. Lease all buildings and office space necessary to 42 28 carry out the provisions of this article or necessary for the 42 29 proper functioning of any state agency at the seat of 42 30 government. For state agencies at the seat of government, the 42 31 director may lease buildings and office space in Polk county 42 32 or in a county contiguous to Polk county. If no specific 42 33 appropriation has been made, the proposed lease shall be 42 34 submitted to the executive council for approval. The cost of 42 35 any lease for which no specific appropriation has been made 43 1 shall be paid from the fund provided in section 7D.29. 43 2 b. When the general assembly is not in session, the 43 3 director may request moneys from the executive council for 43 4 moving state agencies located at the seat of government from 43 5 one location to another. The request may include moving 43 6 costs, telecommunications costs, repair costs, or any other 43 7 costs relating to the move. The executive council may approve 43 8 and shall pay the costs from funds provided in section 7D.29 43 9 if it determines the agency or department has no available 43 10 funds for these expenses. 43 11 c. Coordinate the leasing of buildings and office space by 43 12 state agencies throughout the state and develop cooperative 43 13 relationships with the state board of regents in order to 43 14 promote the colocation of state agencies. 43 15 7. Unless otherwise provided by law, coordinate the 43 16 location, design, plans and specifications, construction, and 43 17 ultimate use of the real or personal property to be purchased 43 18 by a state agency for whose benefit and use the property is 43 19 being obtained. If the purchase of real or personal property 43 20 is to be financed pursuant to section 12.28, the department 43 21 shall cooperate with the treasurer of state in providing the 43 22 information necessary to complete the financing of the 43 23 property. 43 24 A contract for acquisition, construction, erection, 43 25 demolition, alteration, or repair by a private person of real 43 26 or personal property to be lease-purchased by the treasurer of 43 27 state pursuant to section 12.28 is exempt from section 8A.311, 43 28 subsections 1 and 9, unless the lease-purchase contract is 43 29 funded in advance by a deposit of the lessor's moneys to be 43 30 administered by the treasurer of state under a lease-purchase 43 31 contract which requires rent payments to commence upon 43 32 delivery of the lessor's moneys to the lessee. 43 33 8. With the authorization of a constitutional majority of 43 34 each house of the general assembly and approval by the 43 35 governor, dispose of real property belonging to the state and 44 1 its state agencies upon terms, conditions, and consideration 44 2 as the director may recommend. If real property subject to 44 3 sale under this subsection has been purchased or acquired from 44 4 appropriated funds, the proceeds of the sale shall be 44 5 deposited with the treasurer of state and credited to the 44 6 general fund of the state or other fund from which 44 7 appropriated. There is appropriated from that same fund, with 44 8 the prior approval of the executive council and in cooperation 44 9 with the director, a sum equal to the proceeds so deposited 44 10 and credited to the state agency to which the disposed real 44 11 property belonged or by which it was used, for purposes of the 44 12 state agency. 44 13 9. Subject to the selection procedures of section 12.30, 44 14 employ financial consultants, banks, insurers, underwriters, 44 15 accountants, attorneys, and other advisors or consultants 44 16 necessary to implement the provisions of subsection 7. 44 17 10. Prepare annual status reports for all ongoing capital 44 18 projects of all state agencies, as defined in section 8.3A, 44 19 and submit the status reports to the legislative capital 44 20 projects committee. 44 21 11. Call upon any state agency, as defined in section 44 22 8.3A, for assistance the director may require in performing 44 23 the director's duties under subsection 10 regarding capital 44 24 project status reports. All state agencies, upon the request 44 25 of the director and with the approval of the director of the 44 26 department of management, shall assist the director and are 44 27 authorized to make available to the director any existing 44 28 studies, surveys, plans, data, and other materials in the 44 29 possession of the state agencies which are relevant to the 44 30 director's duties. 44 31 12. In carrying out the requirements of section 64.6, 44 32 purchase an individual or a blanket surety bond insuring the 44 33 fidelity of state officers. The department may self-assume or 44 34 self-insure fidelity exposures for state officials and 44 35 employees. A state official is deemed to have furnished 45 1 surety if the official has been covered by a program of 45 2 insurance or self-insurance established by the department. To 45 3 the extent possible, all bonded state employees shall be 45 4 covered under one or more blanket bonds or position schedule 45 5 bonds. 45 6 13. Review the management of state property loss exposures 45 7 and state liability risk exposures for the capitol complex. 45 8 Insurance coverage may include self-insurance or any type of 45 9 insurance protection sold by insurers, including, but not 45 10 limited to, full coverage, partial coverage, coinsurance, 45 11 reinsurance, and deductible insurance coverage. 45 12 14. Establish a monument maintenance account in the state 45 13 treasury under the control of the department. Funds for the 45 14 maintenance of a state monument, whether received by gift, 45 15 devise, bequest, or otherwise, shall be deposited in the 45 16 account. Funds in the account shall be deposited in an 45 17 interest-bearing account. Notwithstanding section 12C.7, 45 18 interest earned on the account shall be deposited in the 45 19 account and shall be used to maintain the designated monument. 45 20 Any maintenance funds for a state monument held by the state 45 21 and interest earned on the funds shall be used to maintain the 45 22 designated monument. Notwithstanding section 8.33, funds in 45 23 the monument maintenance account at the end of a fiscal year 45 24 shall not revert to the general fund of the state. 45 25 Sec. 36. NEW SECTION. 8A.322 BUILDINGS AND GROUNDS – 45 26 SERVICES – PUBLIC USE. 45 27 1. The director shall provide necessary lighting, fuel, 45 28 and water services for the state buildings and grounds located 45 29 at the seat of government, and for the state laboratories 45 30 facility in Ankeny, except the buildings and grounds referred 45 31 to in section 216B.3, subsection 6. 45 32 2. Except for buildings and grounds described in section 45 33 216B.3, subsection 6; section 2.43, unnumbered paragraph 1; 45 34 and any buildings under the custody and control of the Iowa 45 35 public employees' retirement system, the director shall assign 46 1 office space at the capitol, other state buildings, and 46 2 elsewhere in the city of Des Moines, and the state 46 3 laboratories facility in Ankeny, for all executive and 46 4 judicial state agencies. Assignments may be changed at any 46 5 time. The various officers to whom rooms have been so 46 6 assigned may control the same while the assignment to them is 46 7 in force. Official apartments shall be used only for the 46 8 purpose of conducting the business of the state. The term 46 9 "capitol" or "capitol building" as used in the Code shall be 46 10 descriptive of all buildings upon the capitol grounds. The 46 11 capitol building itself is reserved for the operations of the 46 12 general assembly, the governor, and the courts and the 46 13 assignment and use of physical facilities for the general 46 14 assembly shall be pursuant to section 2.43. 46 15 3. The director shall establish, publish, and enforce 46 16 rules regulating and restricting the use by the public of the 46 17 capitol buildings and grounds and of the state laboratories 46 18 facility in Ankeny. The rules when established shall be 46 19 posted in conspicuous places about the capitol buildings and 46 20 grounds and the state laboratories facility, as applicable. 46 21 Any person violating any rule, except a parking regulation, 46 22 shall be guilty of a simple misdemeanor. 46 23 Sec. 37. NEW SECTION. 8A.323 PARKING REGULATIONS. 46 24 1. The director shall establish, publish, and enforce 46 25 rules regulating, restricting, or prohibiting the use by state 46 26 officials, state employees, and the public, of motor vehicle 46 27 parking facilities at the state capitol complex and at the 46 28 state laboratories facility in Ankeny. The assignment of 46 29 legislative parking spaces shall be under the control of the 46 30 legislative council. The rules established by the director 46 31 may establish fines for violations and a procedure for payment 46 32 of the fines. The director may order payment of a fine and 46 33 enforce the order in the district court. 46 34 2. Motor vehicles parked in violation of the rules may be 46 35 removed without the owner's or operator's consent and at the 47 1 owner's or operator's expense. Motor vehicles removed and not 47 2 claimed within thirty days of their removal or vehicles 47 3 abandoned within the capitol grounds may be disposed of in 47 4 accordance with the provisions of sections 321.85 through 47 5 321.91. 47 6 3. The parking rules established shall be posted in 47 7 conspicuous places at the capitol complex and at the state 47 8 laboratories facility in Ankeny, as applicable. Copies of the 47 9 rules shall be made available to all state officials and 47 10 employees and any other person who requests a copy of the 47 11 rules. 47 12 4. All fines collected by the department shall be 47 13 forwarded to the treasurer of state and deposited in the 47 14 general fund of the state. 47 15 Sec. 38. NEW SECTION. 8A.324 DISPOSAL OF PERSONAL 47 16 PROPERTY. 47 17 The director may dispose of personal property of the state 47 18 under the director's control by any of the following means: 47 19 1. The director may dispose of unfit or unnecessary 47 20 personal property by sale. Proceeds from the sale of personal 47 21 property shall be deposited in the general fund of the state. 47 22 2. If the director concludes that the personal property 47 23 has little or no value, the director may enter into an 47 24 agreement with a not-for-profit organization or governmental 47 25 agency to dispose of the personal property. The not-for- 47 26 profit organization or governmental agency may charge the 47 27 state agency in control of the property with the cost of 47 28 removing and transporting the property. Title to the personal 47 29 property shall transfer when the personal property is in the 47 30 possession of the not-for-profit organization or governmental 47 31 agency. If a governmental agency adds value to the property 47 32 transferred to it and sells it, the proceeds from the sale 47 33 shall be deposited with the governmental agency and not in the 47 34 general fund of the state. 47 35 3. The director may dispose of presses, printing 48 1 equipment, printing supplies, and other machinery or equipment 48 2 used in the printing operation. 48 3 Sec. 39. NEW SECTION. 8A.325 SERVICES AND COMMODITIES 48 4 ACCEPTED. 48 5 The director may accept services, commodities, and surplus 48 6 property and make provision for warehousing and distribution 48 7 to various departments and governmental subdivisions of the 48 8 state, and such other agencies, institutions, and authorized 48 9 recipients within the state as may be from time to time 48 10 designated in federal statutes and rules. 48 11 Sec. 40. NEW SECTION. 8A.326 TERRACE HILL COMMISSION. 48 12 1. The Terrace Hill commission is created consisting of 48 13 nine persons, appointed by the governor, who are knowledgeable 48 14 in business management and historic preservation and 48 15 renovation. The governor shall appoint the chairperson. The 48 16 terms of the commission members are for three years beginning 48 17 on July 1 and ending on June 30. 48 18 2. The Terrace Hill commission may consult with the 48 19 Terrace Hill society, Terrace Hill foundation, the executive 48 20 and legislative branches of this state, and other persons 48 21 interested in the property. 48 22 3. The Terrace Hill commission may enter into contracts, 48 23 subject to this chapter, to execute its purposes. 48 24 4. The commission may adopt rules to administer the 48 25 programs of the commission. The decision of the commission is 48 26 final agency action under chapter 17A. 48 27 Sec. 41. NEW SECTION. 8A.327 RENT REVOLVING FUND CREATED 48 28 – PURPOSE. 48 29 1. A rent revolving fund is created in the state treasury 48 30 under the control of the department to be used by the 48 31 department to pay the lease or rental costs of all buildings 48 32 and office space necessary for the proper functioning of any 48 33 state agency at the seat of state government as provided in 48 34 section 8A.321, subsection 6, except that this fund shall not 48 35 be used to pay the rental or lease costs of a state agency 49 1 which has not received funds budgeted for rental or lease 49 2 purposes. 49 3 2. The director shall pay the lease or rental fees to the 49 4 renter or lessor and submit a monthly statement to each state 49 5 agency for which building and office space is rented or 49 6 leased. If the director pays the lease or rental fees on 49 7 behalf of a state agency, the state agency's payment to the 49 8 department shall be credited to the rent revolving fund 49 9 established by this section. With the approval of the 49 10 director, a state agency may pay the lease or rental cost 49 11 directly to the person who is due the payment under the lease 49 12 or rental agreement. 49 13 Sec. 42. NEW SECTION. 8A.328 RECYCLING REVOLVING FUND. 49 14 A recycling revolving fund is created within the state 49 15 treasury under the control of the department. The fund shall 49 16 consist of any moneys appropriated by the general assembly and 49 17 any other moneys available to and obtained or accepted by the 49 18 department from the federal government or private sources for 49 19 placement in the fund. The assets of the fund shall be used 49 20 by the department only for supporting recycling operations. 49 21 Moneys in the fund shall be drawn upon the written requisition 49 22 of the director or an authorized representative of the 49 23 director. The fund is subject to an annual audit by the 49 24 auditor of state. Section 8.33 does not apply to any moneys 49 25 in the fund. Notwithstanding section 12C.7, subsection 2, 49 26 interest or earnings on moneys deposited in the fund shall be 49 27 credited to the fund. 49 28 Sec. 43. NEW SECTION. 8A.329 WASTEPAPER RECYCLING 49 29 PROGRAM. 49 30 1. The department in accordance with recommendations made 49 31 by the department of natural resources shall require all state 49 32 agencies to establish an agency wastepaper recycling program. 49 33 The director shall adopt rules which require a state agency to 49 34 develop a program to ensure the recycling of the wastepaper 49 35 generated by the agency. All state employees shall practice 50 1 conservation of paper materials. 50 2 2. For the purposes of this section, "agency wastepaper" 50 3 means wastepaper or wastepaper products generated by the 50 4 agency. 50 5 3. The rules adopted by the director shall provide for the 50 6 continuation of existing state agency contracts which provide 50 7 for alternative waste management not including incineration or 50 8 land burial of agency wastepaper. 50 9 PRINTING 50 10 Sec. 44. NEW SECTION. 8A.341 STATE PRINTING – DUTIES. 50 11 The director shall do all of the following as it relates to 50 12 printing: 50 13 1. Provide general supervision of all matters pertaining 50 14 to public printing, including the enforcement of contracts for 50 15 printing, except as otherwise provided by law. The 50 16 supervision shall include providing guidelines for the letting 50 17 of contracts for printing, the manner, form, style, and 50 18 quantity of public printing, and the specifications and 50 19 advertisements for public printing. In addition, the director 50 20 shall have charge of office equipment and supplies and of the 50 21 stock, if any, required in connection with printing contracts. 50 22 2. If money is appropriated for this purpose, by November 50 23 1 of each year supply a report which contains the name, 50 24 gender, county, or city of residence when possible, official 50 25 title, salary received during the previous fiscal year, base 50 26 salary as computed on July 1 of the current fiscal year, and 50 27 traveling and subsistence expense of the personnel of each of 50 28 the departments, boards, and commissions of the state 50 29 government except personnel who receive an annual salary of 50 30 less than one thousand dollars. The number of the personnel 50 31 and the total amount received by them shall be shown for each 50 32 department in the report. All employees who have drawn 50 33 salaries, fees, or expense allowances from more than one 50 34 department or subdivision shall be listed separately under the 50 35 proper departmental heading. On the request of the director, 51 1 the head of each department, board, or commission shall 51 2 furnish the data covering that agency. The report shall be 51 3 distributed upon request without charge to each caucus of the 51 4 general assembly, the legislative service bureau, the 51 5 legislative fiscal bureau, the chief clerk of the house of 51 6 representatives, and the secretary of the senate. Copies of 51 7 the report shall be made available to other persons in both 51 8 print or electronic medium upon payment of a fee, which shall 51 9 not exceed the cost of providing the copy of the report. 51 10 Sections 22.2 through 22.6 apply to the report. All funds 51 11 from the sale of the report shall be deposited in the printing 51 12 revolving fund established in section 8A.345. Requests for 51 13 print publications shall be handled only upon receipt of 51 14 postage by the director. 51 15 3. Deposit receipts from the sale of presses, printing 51 16 equipment, printing supplies, and other machinery or equipment 51 17 used in the printing operation in the printing revolving fund 51 18 established in section 8A.345. 51 19 Sec. 45. NEW SECTION. 8A.342 CONTRACTS WITH STATE 51 20 INSTITUTIONS. 51 21 The director may, without advertising for bids, enter into 51 22 contracts or make provision for doing any of the work coming 51 23 under the provisions of chapter 7A and this article at any 51 24 school or institution under the ownership or control of the 51 25 state. The work shall be done under conditions substantially 51 26 the same as those provided for in the case of contracts with 51 27 individuals and the same standard of quality or product shall 51 28 be required. 51 29 Sec. 46. NEW SECTION. 8A.343 SPECIFICATIONS AND 51 30 REQUIREMENTS. 51 31 The director shall, from time to time, adopt and print 51 32 specifications and requirements covering all matters relating 51 33 to printing that are the subject of contracts. 51 34 Sec. 47. NEW SECTION. 8A.344 PUBLIC PRINTING – BIDDING 51 35 PROCEDURES. 52 1 1. The director shall advertise for bids for public 52 2 printing. Advertisements shall state where and how 52 3 specifications and other necessary information may be 52 4 obtained, the time during which the director will receive 52 5 bids, and the day, hour, and place when bids will be publicly 52 6 opened or accessed, and the manner by which the contracts will 52 7 be awarded. 52 8 2. The director shall supply prospective bidders and 52 9 others on request with the specifications and requirements, 52 10 blank forms for bids, samples of printing so far as possible, 52 11 and all other information pertaining to the subject. 52 12 3. The specifications shall be kept on file in the office 52 13 of the director, open to public inspection, together with 52 14 samples so far as possible, of the work to be done or the 52 15 material to be furnished. 52 16 4. Bids submitted must be: 52 17 a. Secured in writing, by telephone, by facsimile, or in a 52 18 format prescribed by the director as indicated in the bid 52 19 specifications. 52 20 b. Signed by the bidder, or if a telephone or electronic 52 21 bid, confirmed by the bidder in a manner prescribed by the 52 22 director. 52 23 c. Submitted in a format prescribed by the director which 52 24 reasonably assures the authenticity of the bid and the 52 25 bidder's identity. 52 26 d. Submitted to the department as specified by the date 52 27 and time established in the advertisements for bids. 52 28 5. When a bidder submits a bid to the department, the 52 29 director may require the bidder to file a bid bond or a 52 30 certified or cashier's check payable to the treasurer of state 52 31 in an amount to be fixed in the bid specifications, either 52 32 covering all classes or items or services, or separate 52 33 certified or cashier's checks for each bid in case the bidder 52 34 makes more than one bid. In lieu of a certified or cashier's 52 35 check, the bidder may furnish a yearly bond in an amount to be 53 1 established by the director. Certified or cashier's checks 53 2 deposited by unsuccessful bidders, and by successful bidders 53 3 when they have entered into the contract, shall be returned to 53 4 them. 53 5 6. All bids shall be publicly opened or accessed and read 53 6 and the contracts awarded in the manner designated in the bid 53 7 specifications. In the award of a contract, due consideration 53 8 shall be given to the price bid, mechanical and other 53 9 equipment proposed to be used by the bidder, the financial 53 10 responsibility of the bidder, the bidder's ability and 53 11 experience in the performance of similar contracts, and any 53 12 other factors that the department determines are relevant and 53 13 that are included in the bid specifications. 53 14 7. The director shall have the right to reject any or all 53 15 bids, and in case of rejection or because of failure of a 53 16 bidder to enter into a contract, the director may advertise 53 17 for and secure new bids. 53 18 8. When the director is satisfied that bidders have 53 19 presented bids pursuant to an agreement, understanding, or 53 20 combination to prevent free competition, the director shall 53 21 reject all of them and readvertise for bids as in the first 53 22 instance. 53 23 Sec. 48. NEW SECTION. 8A.345 PRINTING REVOLVING FUND. 53 24 A revolving fund is created in the state treasury under the 53 25 control of the department and may be used in making payments 53 26 for supplying paper stock, offset printing, copy preparation, 53 27 binding, distribution costs, and original payment of printing 53 28 and binding claims for any of the state departments, bureaus, 53 29 commissions, or institutions. All salaries and expenses 53 30 properly chargeable to the fund shall be paid from the fund. 53 31 The director may also use the fund for the purchase of 53 32 replacement or additional equipment, if a sufficient balance 53 33 will remain in the fund to enable the continued operation of 53 34 the printing operations of the department. 53 35 DOCUMENT MANAGEMENT 54 1 Sec. 49. NEW SECTION. 8A.351 DISTRIBUTION OF DOCUMENTS 54 2 – GENERAL PROVISIONS. 54 3 If money is appropriated for this purpose, the director 54 4 shall do all of the following: 54 5 1. The director shall require from officials or heads of 54 6 departments mailing lists, or addressed labels or envelopes, 54 7 for use in distribution of reports and documents. The 54 8 director shall revise such lists, eliminating duplications and 54 9 adding to the lists libraries, institutions, public officials, 54 10 and persons having actual use for the material. The director 54 11 shall arrange the lists so as to reduce to the minimum the 54 12 postage or other cost for delivery. Requests for publications 54 13 shall be handled only upon receipt of postage by the director 54 14 from the requesting agency or department. 54 15 2. The director shall furnish the various officials and 54 16 departments with copies of their reports needed for office use 54 17 or to be distributed to persons requesting the reports. 54 18 Requests for publications shall be handled only upon receipt 54 19 of postage by the director. 54 20 3. The official register shall be distributed to the 54 21 public in a manner determined by the director. 54 22 4. The director may send additional copies of publications 54 23 to other state officials, individuals, institutions, 54 24 libraries, or societies that may request them. Requests for 54 25 publications shall be handled only upon receipt of postage by 54 26 the director. 54 27 FLEET MANAGEMENT 54 28 Sec. 50. NEW SECTION. 8A.361 VEHICLE ASSIGNMENT – 54 29 AUTHORITY IN DEPARTMENT. 54 30 The department shall provide for the assignment of all 54 31 state-owned motor vehicles to all state officers and 54 32 employees, and to all state offices, departments, bureaus, and 54 33 commissions, except the department of transportation, 54 34 institutions under the control of the state board of regents, 54 35 the department for the blind, and any other agencies exempted 55 1 by law. 55 2 Sec. 51. NEW SECTION. 8A.362 FLEET MANAGEMENT – POWERS 55 3 AND DUTIES – FUEL ECONOMY REQUIREMENTS. 55 4 1. The director may provide for the assignment to a state 55 5 officer or employee or to a state agency, of one or more motor 55 6 vehicles which may be required by the state officer or 55 7 employee or state agency, after the state officer or employee 55 8 or state agency has shown the necessity for such 55 9 transportation. The director may assign a motor vehicle 55 10 either for part-time or full-time use. The director may 55 11 revoke the assignment at any time. 55 12 2. The director may cause all state-owned motor vehicles 55 13 to be inspected periodically. Whenever the inspection reveals 55 14 that repairs have been improperly made on the motor vehicle or 55 15 that the operator is not giving the motor vehicle the proper 55 16 care, the director shall report this fact to the head of the 55 17 state agency to which the motor vehicle has been assigned, 55 18 together with recommendation for improvement. 55 19 3. The director shall provide for a record system for the 55 20 keeping of records of the total number of miles state-owned 55 21 motor vehicles are driven and the per-mile cost of operation 55 22 of each motor vehicle. Every state officer or employee shall 55 23 keep a record book to be furnished by the director in which 55 24 the officer or employee shall enter all purchases of gasoline, 55 25 lubricating oil, grease, and other incidental expense in the 55 26 operation of the motor vehicle assigned to the officer or 55 27 employee, giving the quantity and price of each purchase, 55 28 including the cost and nature of all repairs on the motor 55 29 vehicle. Each operator of a state-owned motor vehicle shall 55 30 promptly prepare a report at the end of each month on forms 55 31 furnished by the director and forwarded to the director, 55 32 giving the information the director may request in the report. 55 33 Each month the director shall compile the costs and mileage of 55 34 state-owned motor vehicles from the reports and keep a cost 55 35 history for each motor vehicle and the costs shall be reduced 56 1 to a cost-per-mile basis for each motor vehicle. The director 56 2 shall call to the attention of an elected official or the head 56 3 of any state agency to which a motor vehicle has been assigned 56 4 any evidence of the mishandling or misuse of a state-owned 56 5 motor vehicle which is called to the director's attention. 56 6 A motor vehicle operated under this subsection shall not 56 7 operate on gasoline other than gasoline blended with at least 56 8 ten percent ethanol, unless under emergency circumstances. A 56 9 state-issued credit card used to purchase gasoline shall not 56 10 be valid to purchase gasoline other than gasoline blended with 56 11 at least ten percent ethanol, if commercially available. The 56 12 motor vehicle shall also be affixed with a brightly visible 56 13 sticker which notifies the traveling public that the motor 56 14 vehicle is being operated on gasoline blended with ethanol. 56 15 However, the sticker is not required to be affixed to an 56 16 unmarked vehicle used for purposes of providing law 56 17 enforcement or security. 56 18 4. a. The director shall provide for the purchase of all 56 19 motor vehicles for all branches of the state government, 56 20 except the department of transportation, institutions under 56 21 the control of the state board of regents, the department for 56 22 the blind, and any other state agency exempted by law. The 56 23 director shall purchase new vehicles in accordance with 56 24 competitive bidding procedures for items or services as 56 25 provided in this article. The director may purchase used or 56 26 preowned vehicles at governmental or dealer auctions if the 56 27 purchase is determined to be in the best interests of the 56 28 state. 56 29 b. The director, and any other state agency, which for 56 30 purposes of this subsection includes but is not limited to 56 31 community colleges and institutions under the control of the 56 32 state board of regents, or local governmental subdivisions 56 33 purchasing new motor vehicles, shall purchase new passenger 56 34 vehicles and light trucks so that the average fuel efficiency 56 35 for the fleet of new passenger vehicles and light trucks 57 1 purchased in that year equals or exceeds the average fuel 57 2 economy standard for the vehicles' model year as established 57 3 by the United States secretary of transportation under 15 57 4 U.S.C. } 2002. This paragraph does not apply to vehicles 57 5 purchased for law enforcement purposes or used for off-road 57 6 maintenance work, or work vehicles used to pull loaded 57 7 trailers. 57 8 c. Not later than February 15 of each year, the director 57 9 shall report compliance with the corporate average fuel 57 10 economy standards published by the United States secretary of 57 11 transportation for new motor vehicles, other than motor 57 12 vehicles purchased by the department of transportation, 57 13 institutions under the control of the state board of regents, 57 14 the department for the blind, and any other state agency 57 15 exempted from the requirements of this subsection. The report 57 16 of compliance shall classify the vehicles purchased for the 57 17 current vehicle model year using the following categories: 57 18 passenger automobiles, enforcement automobiles, vans, and 57 19 light trucks. The director shall deliver a copy of the report 57 20 to the department of natural resources. As used in this 57 21 paragraph, "corporate average fuel economy" means the 57 22 corporate average fuel economy as defined in 49 C.F.R. } 57 23 533.5. 57 24 d. The director shall assign motor vehicles available for 57 25 use to maximize the average passenger miles per gallon of 57 26 motor vehicle fuel consumed. In assigning motor vehicles, the 57 27 director shall consider standards established by the director, 57 28 which may include but are not limited to the number of 57 29 passengers traveling to a destination, the fuel economy of and 57 30 passenger capacity of vehicles available for assignment, and 57 31 any other relevant information, to assure assignment of the 57 32 most energy-efficient vehicle or combination of vehicles for a 57 33 trip from those vehicles available for assignment. The 57 34 standards shall not apply to special work vehicles and law 57 35 enforcement vehicles. The standards shall apply to the 58 1 following agencies: 58 2 (1) Department of transportation. 58 3 (2) Institutions under the control of the state board of 58 4 regents. 58 5 (3) Department for the blind. 58 6 (4) Any other state agency exempted from obtaining 58 7 vehicles for use through the department. 58 8 e. As used in paragraph "d", "fuel economy" means the 58 9 average number of miles traveled by an automobile per gallon 58 10 of gasoline consumed as determined by the United States 58 11 environmental protection agency administrator in accordance 58 12 with 26 U.S.C. } 4064(c). 58 13 5. Of all new passenger vehicles and light pickup trucks 58 14 purchased by the director, a minimum of ten percent of all 58 15 such vehicles and trucks purchased shall be equipped with 58 16 engines which utilize alternative methods of propulsion 58 17 including but not limited to any of the following: 58 18 a. A flexible fuel, which is any of the following: 58 19 (1) A fuel blended with not more than fifteen percent 58 20 gasoline and at least eighty-five percent ethanol. 58 21 (2) A fuel which is a mixture of diesel fuel and processed 58 22 soybean oil. At least twenty percent of the mixed fuel by 58 23 volume must be processed soybean oil. 58 24 (3) A renewable fuel approved by the office of renewable 58 25 fuels and coproducts pursuant to section 159A.3. 58 26 b. Compressed or liquefied natural gas. 58 27 c. Propane gas. 58 28 d. Solar energy. 58 29 e. Electricity. 58 30 This subsection does not apply to vehicles and trucks 58 31 purchased and directly used for law enforcement or purchased 58 32 and used for off-road maintenance work or to pull loaded 58 33 trailers. 58 34 6. All used motor vehicles turned in to the director shall 58 35 be disposed of by public auction, and the sales shall be 59 1 advertised in a newspaper of general circulation one week in 59 2 advance of sale, and the receipts from the sale shall be 59 3 deposited in the depreciation fund to the credit of that state 59 4 agency turning in the vehicle; except that, in the case of a 59 5 used motor vehicle of special design, the director may, 59 6 instead of selling it at public auction, authorize the motor 59 7 vehicle to be traded for another vehicle of similar design. 59 8 If a vehicle sustains damage and the cost to repair exceeds 59 9 the wholesale value of the vehicle, the director may dispose 59 10 of the motor vehicle by obtaining two or more written salvage 59 11 bids and the vehicle shall be sold to the highest responsible 59 12 bidder. 59 13 7. The director may authorize the establishment of motor 59 14 pools consisting of a number of state-owned motor vehicles 59 15 under the director's supervision. The director may store the 59 16 motor vehicles in a public or private garage. If the director 59 17 establishes a motor pool, any state officer or employee 59 18 desiring the use of a state-owned motor vehicle on state 59 19 business shall notify the director of the need for a vehicle 59 20 within a reasonable time prior to actual use of the motor 59 21 vehicle. The director may assign a motor vehicle from the 59 22 motor pool to the state officer or employee. If two or more 59 23 state officers or employees desire the use of a state-owned 59 24 motor vehicle for a trip to the same destination for the same 59 25 length of time, the director may assign one vehicle to make 59 26 the trip. 59 27 8. The director shall require that a sign be placed on 59 28 each state-owned motor vehicle in a conspicuous place which 59 29 indicates its ownership by the state. This requirement shall 59 30 not apply to motor vehicles requested to be exempt by the 59 31 director or by the commissioner of public safety. All state- 59 32 owned motor vehicles shall display registration plates bearing 59 33 the word "official" except motor vehicles requested to be 59 34 furnished with ordinary plates by the director or by the 59 35 commissioner of public safety pursuant to section 321.19. The 60 1 director shall keep an accurate record of the registration 60 2 plates used on all state-owned motor vehicles. 60 3 9. All fuel used in state-owned automobiles shall be 60 4 purchased at cost from the various installations or garages of 60 5 the department of transportation, state board of regents, 60 6 department of human services, or state motor pools throughout 60 7 the state, unless the state-owned sources for the purchase of 60 8 fuel are not reasonably accessible. If the director 60 9 determines that state-owned sources for the purchase of fuel 60 10 are not reasonably accessible, the director shall authorize 60 11 the purchase of fuel from other sources. The director may 60 12 prescribe a manner, other than the use of the revolving fund, 60 13 in which the purchase of fuel from state-owned sources is 60 14 charged to the state agency responsible for the use of the 60 15 motor vehicle. The director shall prescribe the manner in 60 16 which oil and other normal motor vehicle maintenance for 60 17 state-owned motor vehicles may be purchased from private 60 18 sources, if they cannot be reasonably obtained from a state 60 19 motor pool. The director may advertise for bids and award 60 20 contracts in accordance with competitive bidding procedures 60 21 for items and services as provided in this article for 60 22 furnishing fuel, oil, grease, and vehicle replacement parts 60 23 for all state-owned motor vehicles. The director and other 60 24 state agencies, when advertising for bids for gasoline, shall 60 25 also seek bids for ethanol blended gasoline. 60 26 Sec. 52. NEW SECTION. 8A.363 PRIVATE USE PROHIBITED – 60 27 RATE FOR STATE BUSINESS. 60 28 1. A state officer or employee shall not use a state-owned 60 29 motor vehicle for personal private use. A state officer or 60 30 employee shall not be compensated for driving a privately 60 31 owned motor vehicle unless it is done on state business with 60 32 the approval of the director. In that case the state officer 60 33 or employee shall receive an amount to be determined by the 60 34 director. The amount shall not exceed the maximum allowable 60 35 under the federal internal revenue service rules per mile, 61 1 notwithstanding established mileage requirements or 61 2 depreciation allowances. However, the director may authorize 61 3 private motor vehicle rates in excess of the rate allowed 61 4 under the federal internal revenue service rules for state 61 5 business use of substantially modified or specially equipped 61 6 privately owned vehicles required by persons with 61 7 disabilities. A statutory provision establishing 61 8 reimbursement for necessary mileage, travel, or actual 61 9 expenses to a state officer falls under the private motor 61 10 vehicle mileage rate limitation provided in this section 61 11 unless specifically provided otherwise. Any peace officer 61 12 employed by the state as defined in section 801.4 who is 61 13 required to use a private motor vehicle in the performance of 61 14 official duties shall receive the private vehicle mileage rate 61 15 at the rate provided in this section. However, the director 61 16 may delegate authority to officials of the state, and 61 17 department heads, for the use of private vehicles on state 61 18 business up to a yearly mileage figure established by the 61 19 director. If a state motor vehicle has been assigned to a 61 20 state officer or employee, the officer or employee shall not 61 21 collect mileage for the use of a privately owned motor vehicle 61 22 unless the state motor vehicle assigned is not useable. 61 23 2. This section does not apply to any of the following: 61 24 a. Officials and employees of the state whose mileage is 61 25 paid other than by a state agency. 61 26 b. Elected officers of the state. 61 27 c. Judicial officers or court employees. 61 28 d. Members and employees of the general assembly who shall 61 29 be governed by policies relating to motor vehicle travel, 61 30 including but not limited to reimbursement for expenses, as 61 31 established by the general assembly. 61 32 Sec. 53. NEW SECTION. 8A.364 FLEET MANAGEMENT REVOLVING 61 33 FUND – REPLENISHMENT. 61 34 1. A fleet management revolving fund is created in the 61 35 state treasury under the control of the department. There is 62 1 appropriated from moneys in the state treasury not otherwise 62 2 appropriated the sum of twenty-five thousand dollars to the 62 3 revolving fund. All purchases of gasoline, oil, tires, 62 4 repairs, and all other general expenses incurred in the 62 5 operation of state-owned motor vehicles, and all salaries and 62 6 expenses of employees providing fleet management services 62 7 shall be paid from this fund. 62 8 2. At the end of each month the director shall render a 62 9 statement to each state department or agency for the actual 62 10 cost of operation of all motor vehicles assigned to such 62 11 department or agency, together with a fair proportion of the 62 12 administrative costs for providing fleet management services 62 13 during such month, as determined by the director, all subject 62 14 to review by the executive council upon complaint of any state 62 15 department or agency adversely affected. Such expenses shall 62 16 be paid by the state departments or agencies in the same 62 17 manner as other expenses of such department are paid, and when 62 18 such expenses are paid, such sums shall be credited to the 62 19 fleet management revolving fund. If any surplus accrues to 62 20 the revolving fund in excess of twenty-five thousand dollars 62 21 for which there is no anticipated need or use, the governor 62 22 may order such surplus transferred to the general fund of the 62 23 state. 62 24 Sec. 54. NEW SECTION. 8A.365 VEHICLE REPLACEMENT – 62 25 DEPRECIATION FUND. 62 26 1. The director shall maintain a depreciation fund for the 62 27 purchase of replacement motor vehicles and additions to the 62 28 fleet. The director's records shall show the total funds 62 29 deposited by and credited to each department or agency. At 62 30 the end of each month, the director shall render a statement 62 31 to each state department or agency for additions to the fleet 62 32 and total depreciation credited to that department or agency. 62 33 Such depreciation expense shall be paid by the state 62 34 departments or agencies in the same manner as other expenses 62 35 are paid, and shall be deposited in the depreciation fund to 63 1 the credit of the department or agency. The funds credited to 63 2 each department or agency shall remain the property of the 63 3 department or agency. However, at the end of each biennium, 63 4 the director shall cause to revert to the fund from which it 63 5 accumulated any unassigned depreciation. 63 6 2. The department of corrections is not obligated to pay 63 7 the depreciation expense otherwise required by this section. 63 8 Sec. 55. NEW SECTION. 8A.366 VIOLATIONS – WITHDRAWING 63 9 USE OF VEHICLE. 63 10 If any state officer or employee violates any of the 63 11 provisions of sections 8A.361 through 8A.365, the director may 63 12 withdraw the assignment of any state-owned motor vehicle to 63 13 any such state officer or employee. 63 14 ARTICLE 4 63 15 HUMAN RESOURCES 63 16 STATE HUMAN RESOURCE MANAGEMENT – OPERATIONS 63 17 Sec. 56. NEW SECTION. 8A.401 DEFINITIONS. 63 18 As used in this article, unless the context otherwise 63 19 requires: 63 20 1. "Appointing authority" means the chairperson or person 63 21 in charge of any state agency including, but not limited to, 63 22 boards, bureaus, commissions, and departments, or an employee 63 23 designated to act for an appointing authority. 63 24 2. "Merit system" means the merit system established under 63 25 this article. 63 26 Sec. 57. NEW SECTION. 8A.402 STATE HUMAN RESOURCE 63 27 MANAGEMENT – RESPONSIBILITIES. 63 28 1. The department is the central agency responsible for 63 29 state human resource management, including the following: 63 30 a. Policy and program development, workforce planning, and 63 31 research. 63 32 b. Employment activities and transactions, including 63 33 recruitment, examination, and certification of personnel 63 34 seeking employment or promotion. 63 35 c. Compensation and benefits, including position 64 1 classification, wages and salaries, and employee benefits. 64 2 Employee benefits include, but are not limited to, group 64 3 medical, dental, life, and long-term disability insurance, 64 4 workers' compensation, unemployment benefits, sick leave, 64 5 deferred compensation, holidays and vacations, tuition 64 6 reimbursement, and educational leaves. 64 7 d. Equal employment opportunity, affirmative action, and 64 8 workforce diversity programs. 64 9 e. Education, training, and workforce development 64 10 programs. 64 11 f. Personnel records and administration, including the 64 12 audit of all personnel-related documents. 64 13 g. Employment relations, including the negotiation and 64 14 administration of collective bargaining agreements on behalf 64 15 of the executive branch of the state and its departments and 64 16 agencies as provided in chapter 20. However, the state board 64 17 of regents, for the purposes of implementing and administering 64 18 collective bargaining pursuant to chapter 20, shall act as the 64 19 exclusive representative of the state with respect to its 64 20 faculty, scientific, and other professional staff. 64 21 h. The coordination and management of the state's human 64 22 resource information system, except as otherwise required for 64 23 those employees governed by chapter 262. 64 24 2. The department, as it relates to the human resources of 64 25 state government, shall do the following: 64 26 a. Establish and maintain a list of all employees in the 64 27 executive branch of state government and set forth, as to each 64 28 employee, the class title, pay, status, and other pertinent 64 29 data. For employees governed by chapter 262, the director 64 30 shall work collaboratively with the state board of regents to 64 31 collect such information. 64 32 b. Foster and develop, in cooperation with appointing 64 33 authorities and others, programs for the improvement of 64 34 employee effectiveness, including training, safety, health, 64 35 counseling, and welfare. 65 1 c. Encourage and exercise leadership in the development of 65 2 effective personnel administration within the several state 65 3 agencies, and to make available the facilities of the 65 4 department to this end. 65 5 d. The director may delegate any or all aspects of the 65 6 recruitment, examination, and selection processes to an agency 65 7 in the executive branch upon request by that agency. The 65 8 director shall oversee all activities delegated to that 65 9 agency. 65 10 e. Utilize appropriate persons, including officers and 65 11 employees in the executive branch, to assist in the 65 12 recruitment and examination of applicants for employment. 65 13 These officers and employees are not entitled to extra pay for 65 14 their services, but shall be paid their necessary traveling 65 15 and other expenses. 65 16 3. The human resource management powers and duties of the 65 17 department do not extend to the legislative branch or the 65 18 judicial branch of state government, except for functions 65 19 related to administering compensation and benefit programs. 65 20 MERIT SYSTEM 65 21 Sec. 58. NEW SECTION. 8A.411 MERIT SYSTEM ESTABLISHED – 65 22 COLLECTIVE BARGAINING – APPLICABILITY. 65 23 1. The general purpose of this article is to establish for 65 24 the state of Iowa a system of human resource administration 65 25 based on merit principles and scientific methods to govern the 65 26 appointment, compensation, promotion, welfare, development, 65 27 transfer, layoff, removal, and discipline of its civil 65 28 employees, and other incidents of state employment. 65 29 2. It is also the purpose of this article to promote the 65 30 coordination of personnel rules and policies with collective 65 31 bargaining agreements negotiated under chapter 20. 65 32 3. All appointments and promotions to positions covered by 65 33 the state merit system shall be made solely on the basis of 65 34 merit and fitness, to be ascertained by examinations or other 65 35 appropriate screening methods, except as otherwise specified 66 1 in this article. 66 2 4. Provisions of this article pertaining to 66 3 qualifications, examination, certification, probation, and 66 4 just cause apply only to employees covered by the merit 66 5 system. 66 6 Sec. 59. NEW SECTION. 8A.412 MERIT SYSTEM – 66 7 APPLICABILITY – EXCEPTIONS. 66 8 The merit system shall apply to all employees of the state 66 9 and to all positions in state government now existing or 66 10 hereafter established. In addition, the director shall 66 11 negotiate an agreement with the director of the department for 66 12 the blind concerning the applicability of the merit system to 66 13 the professional employees of the department for the blind. 66 14 However, the merit system shall not apply to the following: 66 15 1. The general assembly, employees of the general 66 16 assembly, other officers elected by popular vote, and persons 66 17 appointed to fill vacancies in elective offices. 66 18 2. All judicial officers and court employees. 66 19 3. The staff of the governor. 66 20 4. All board members and commissioners whose appointments 66 21 are provided for by the Code. 66 22 5. All presidents, deans, directors, teachers, 66 23 professional and scientific personnel, and student employees 66 24 under the jurisdiction of the state board of regents. The 66 25 state board of regents shall adopt rules not inconsistent with 66 26 the objectives of this chapter for all of its employees not 66 27 cited specifically in this subsection. The rules are subject 66 28 to approval by the director. If at any time the director 66 29 determines that the state board of regents merit system rules 66 30 do not comply with the intent of this chapter, the director 66 31 may direct the board to correct the rules. The rules of the 66 32 board are not in compliance until the corrections are made. 66 33 6. All appointments which are by law made by the governor. 66 34 7. All personnel of the armed services under state 66 35 jurisdiction. 67 1 8. Persons who are paid a fee on a contract-for-services 67 2 basis. 67 3 9. Seasonal employees appointed during a state agency's 67 4 designated six-month seasonal employment period during the 67 5 same annual twelve-month period, as approved by the director. 67 6 10. Residents, patients, or inmates working in state 67 7 institutions, or persons on parole working in work experience 67 8 programs. 67 9 11. Employees under the supervision of the attorney 67 10 general, the state public defender, the auditor of state, the 67 11 treasurer of state, and the public employment relations board. 67 12 However, employees of the consumer advocate division of the 67 13 department of justice, other than the consumer advocate, are 67 14 subject to the merit system. 67 15 12. Production and engineering personnel under the 67 16 jurisdiction of the Iowa public broadcasting board. 67 17 13. Members of the Iowa state patrol and other peace 67 18 officers employed by the department of public safety. The 67 19 commissioner of public safety shall adopt rules not 67 20 inconsistent with the objectives of this article for the 67 21 persons described in this subsection. 67 22 14. Employees of the arts division of the department of 67 23 cultural affairs. 67 24 15. The chief deputy administrative officer and each 67 25 division administrator of each state agency not otherwise 67 26 specifically provided for in this section, and physicians not 67 27 otherwise specifically provided for in this section. As used 67 28 in this subsection, "division administrator" means a principal 67 29 administrative or policymaking position designated by a chief 67 30 administrative officer and approved by the director or as 67 31 specified by law. 67 32 16. All confidential employees. 67 33 17. Other employees specifically exempted by law. 67 34 18. The administrator and the deputy administrator of the 67 35 credit union division of the department of commerce, all 68 1 members of the credit union review board, and all employees of 68 2 the credit union division. 68 3 19. The superintendent and the deputy superintendent of 68 4 the banking division of the department of commerce, all 68 5 members of the state banking board, and all employees of the 68 6 banking division. 68 7 20. Chief deputy industrial commissioners. 68 8 21. The appointee serving as the coordinator of the office 68 9 of renewable fuels and coproducts, as provided in section 68 10 159A.3. 68 11 22. All employees of the Iowa state fair authority. 68 12 23. Up to six nonprofessional employees designated at the 68 13 discretion of each statewide elected official. 68 14 24. The position classifications of employees of statewide 68 15 elected officials that were exempt from the merit system as of 68 16 June 30, 1994, shall remain exempt and any employees 68 17 subsequently hired to fill any exempt position vacancies shall 68 18 be classified as exempt employees. 68 19 Sec. 60. NEW SECTION. 8A.413 STATE HUMAN RESOURCE 68 20 MANAGEMENT – RULES. 68 21 The department shall adopt rules for the administration of 68 22 this article pursuant to chapter 17A. Rulemaking shall be 68 23 carried out with due regard to the terms of collective 68 24 bargaining agreements. A rule shall not supersede a provision 68 25 of a collective bargaining agreement negotiated under chapter 68 26 20. The rules shall provide: 68 27 1. For the preparation, maintenance, and revision of a job 68 28 classification plan that encompasses each job in the executive 68 29 branch, excluding job classifications under the state board of 68 30 regents, based upon assigned duties and responsibilities, so 68 31 that the same general qualifications may reasonably be 68 32 required for and the same pay plan may be equitably applied to 68 33 all jobs in the same job classification. The director shall 68 34 classify the position of every employee in the executive 68 35 branch, excluding employees of the state board of regents, 69 1 into one of the classes in the plan. An appointing authority 69 2 or employee adversely affected by a classification or 69 3 reclassification decision may file an appeal with the 69 4 director. Appeals of a classification or reclassification 69 5 decision shall be exempt from the provisions of section 17A.11 69 6 and shall be heard by a committee appointed by the director. 69 7 The classification or reclassification of a position that 69 8 would cause the expenditure of additional salary funds shall 69 9 not become effective if the expenditure of funds would be in 69 10 excess of the total amount budgeted for the department of the 69 11 appointing authority until budgetary approval has been 69 12 obtained from the director of the department of management. 69 13 When the public interest requires a decrease or increase of 69 14 employees in any position or type of employment not otherwise 69 15 provided by law, or the creation or abolishment of any 69 16 position or type of employment, the director, acting in good 69 17 faith, shall so notify the governor. Thereafter, the position 69 18 or type of employment shall stand abolished or created and the 69 19 number of employees therein reduced or increased. 69 20 2. For pay plans covering all employees in the executive 69 21 branch, excluding employees of the state board of regents, 69 22 after consultation with the governor and appointing 69 23 authorities, and consistent with the terms of collective 69 24 bargaining agreements negotiated under chapter 20. 69 25 3. For examinations to determine the relative fitness of 69 26 applicants for employment. Such examinations shall be 69 27 practical in character and shall relate to such matters as 69 28 will fairly assess the ability of the applicant to discharge 69 29 the duties of the position to which appointment is sought. 69 30 Where the Code of Iowa establishes certification, 69 31 registration, or licensing provisions, such documents shall be 69 32 considered prima facie evidence of basic skills accomplishment 69 33 and such persons shall be exempt from further basic skills 69 34 examination. 69 35 Vacancies shall be announced publicly at least ten days in 70 1 advance of the date fixed for the filing of applications for 70 2 the vacancies, and shall be advertised through the 70 3 communications media. The director may, however, in the 70 4 director's discretion, continue to receive applications and 70 5 examine candidates for a period adequate to assure a 70 6 sufficient number of eligibles to meet the needs of the 70 7 system, and may add the names of successful candidates to 70 8 existing eligible lists. 70 9 4. For promotions which shall give appropriate 70 10 consideration to the applicant's qualifications, record of 70 11 performance, and conduct. A promotion means a change in the 70 12 status of an employee from a position in one class to a 70 13 position in another class having a higher pay grade. 70 14 5. For the establishment of lists for appointment and 70 15 promotion, upon which lists shall be placed the names of 70 16 successful candidates. 70 17 6. For the rejection of applicants who fail to meet 70 18 reasonable requirements. 70 19 7. For the appointment by the appointing authority of a 70 20 person on the appropriate list to fill a vacancy. 70 21 8. For a probation period of six months, excluding 70 22 educational or training leave, before appointment may be made 70 23 complete, and during which period a probationer may be 70 24 discharged or reduced in class or pay. If the employee's 70 25 services are unsatisfactory, the employee shall be dropped 70 26 from the payroll on or before the expiration of the probation 70 27 period. If satisfactory, the appointment shall be deemed 70 28 permanent. The determination of the appointing authority 70 29 shall be final and conclusive. 70 30 9. For temporary employment for not more than seven 70 31 hundred eighty hours in a fiscal year. 70 32 10. For provisional employment when there is no 70 33 appropriate list available. Such provisional employment shall 70 34 not continue longer than one hundred eighty calendar days. 70 35 11. For transfer from a position in one state agency to a 71 1 similar position in the same state agency or another state 71 2 agency involving similar qualifications, duties, 71 3 responsibilities, and salary ranges. Whenever an employee 71 4 transfers or is transferred from one state agency to another 71 5 state agency, the employee's seniority rights, any accumulated 71 6 sick leave, and accumulated vacation time, as provided in the 71 7 law, shall be transferred to the new place of employment and 71 8 credited to the employee. Employees who are subject to 71 9 contracts negotiated under chapter 20 which include transfer 71 10 provisions shall be governed by the contract provisions. 71 11 12. For reinstatement of persons who have attained 71 12 permanent status and who resign in good standing or who are 71 13 laid off from their positions without fault or delinquency on 71 14 their part. 71 15 13. For establishing in cooperation with the appointing 71 16 authorities a performance management system for all employees 71 17 in the executive branch, excluding employees of the state 71 18 board of regents, which shall be considered in determining 71 19 salary increases; as a factor in promotions; as a factor in 71 20 determining the order of layoffs and in reinstatement; as a 71 21 factor in demotions, discharges, and transfers; and for the 71 22 regular evaluation, at least annually, of the qualifications 71 23 and performance of those employees. 71 24 14. For layoffs by reason of lack of funds or work, or 71 25 reorganization, and for the recall of employees so laid off, 71 26 giving consideration in layoffs to the employee's performance 71 27 record and length of service. An employee who has been laid 71 28 off may be on a recall list for one year, which list shall be 71 29 exhausted by the organizational unit enforcing the layoff 71 30 before selection of an employee may be made from the 71 31 promotional or nonpromotional list in the employee's 71 32 classification. Employees who are subject to contracts 71 33 negotiated under chapter 20 which include layoff and recall 71 34 provisions shall be governed by the contract provisions. 71 35 15. For imposition, as a disciplinary measure, of a 72 1 suspension from service without pay. 72 2 16. For discharge, suspension, or reduction in job 72 3 classification or pay grade for any of the following causes: 72 4 failure to perform assigned duties; inadequacy in performing 72 5 assigned duties; negligence; inefficiency; incompetence; 72 6 insubordination; unrehabilitated alcoholism or narcotics 72 7 addiction; dishonesty; unlawful discrimination; failure to 72 8 maintain a license, certificate, or qualification necessary 72 9 for a job classification or position; any act or conduct which 72 10 adversely affects the employee's performance or the employing 72 11 agency; or any other good cause for discharge, suspension, or 72 12 reduction. The person discharged, suspended, or reduced shall 72 13 be given a written statement of the reasons for the discharge, 72 14 suspension, or reduction within twenty-four hours after the 72 15 discharge, suspension, or reduction. All persons concerned 72 16 with the administration of this article shall use their best 72 17 efforts to ensure that this article and the rules adopted 72 18 pursuant to this article shall not be a means of protecting or 72 19 retaining unqualified or unsatisfactory employees, and shall 72 20 discharge, suspend, or reduce in job classification or pay 72 21 grade all employees who should be discharged, suspended, or 72 22 reduced for any of the causes stated in this subsection. 72 23 17. For establishment of a uniform plan for resolving 72 24 employee grievances and complaints. Employees who are subject 72 25 to contracts negotiated under chapter 20 which include 72 26 grievance and complaint provisions shall be governed by the 72 27 contract provisions. 72 28 18. For attendance regulations, and special leaves of 72 29 absence, with or without pay, or reduced pay, in the various 72 30 classes of positions in the executive branch, excluding 72 31 positions under the state board of regents. Employees who are 72 32 subject to contracts negotiated under chapter 20 which include 72 33 leave of absence provisions shall be governed by the contract 72 34 provisions. Annual sick leave and vacation time shall be 72 35 granted in accordance with section 70A.1. 73 1 19. For the development and operation of programs to 73 2 improve the work effectiveness and morale of employees in the 73 3 executive branch, excluding employees of the state board of 73 4 regents, including training, safety, health, welfare, 73 5 counseling, recreation, and employee relations. 73 6 20. Notwithstanding any provisions to the contrary, a rule 73 7 or regulation shall not be adopted by the department which 73 8 would deprive the state of Iowa, or any of its agencies or 73 9 institutions, of federal grants or other forms of financial 73 10 assistance. 73 11 21. For veterans preference through a provision that 73 12 veterans, as defined in section 35.1, shall have five points 73 13 added to the grade or score attained in qualifying 73 14 examinations for appointment to jobs. 73 15 Veterans who have a service-connected disability or are 73 16 receiving compensation, disability benefits, or pension under 73 17 laws administered by the veterans administration shall have 73 18 ten points added to the grades attained in qualifying 73 19 examinations. A veteran who has been awarded the purple heart 73 20 for disabilities incurred in action shall be considered to 73 21 have a service-connected disability. 73 22 22. For acceptance of the qualifications, requirements, 73 23 regulations, and general provisions established under other 73 24 sections of the Code pertaining to professional registration, 73 25 certification, and licensing. 73 26 Sec. 61. NEW SECTION. 8A.414 EXPERIMENTAL RESEARCH 73 27 PROJECTS. 73 28 The director may conduct experimental or research 73 29 personnel-related projects of limited duration designed to 73 30 improve the quality of the employment system. The provisions 73 31 of section 8A.413 or administrative rules adopted pursuant to 73 32 that section are waived for the purposes of such projects. 73 33 Projects adopted under this authority shall not violate 73 34 existing collective bargaining agreements. Any projects that 73 35 relate to issues covered by such agreements or issues that are 74 1 mandatory subjects of collective bargaining are subject to 74 2 negotiations as applicable. The director shall notify the 74 3 chairpersons of the standing committees on appropriations of 74 4 the senate and the house of representatives and the 74 5 chairpersons of the appropriate subcommittees of those 74 6 committees of the proposed projects. The notice from the 74 7 director shall include the purpose of the project, a 74 8 description of the project, and how the project will be 74 9 evaluated. Chairpersons notified shall be given at least two 74 10 weeks to review and comment on the proposal before the project 74 11 is implemented. The director shall report the results of the 74 12 experimental research projects conducted in the preceding 74 13 fiscal year to the legislative council by September 30 of each 74 14 year. 74 15 Sec. 62. NEW SECTION. 8A.415 GRIEVANCES AND DISCIPLINE 74 16 RESOLUTION. 74 17 1. GRIEVANCES. An employee, except an employee covered by 74 18 a collective bargaining agreement which provides otherwise, 74 19 who has exhausted the available agency steps in the uniform 74 20 grievance procedure provided for in the department rules may, 74 21 within seven calendar days following the date a decision was 74 22 received or should have been received at the second step of 74 23 the grievance procedure, file the grievance at the third step 74 24 with the director. The director shall respond within thirty 74 25 calendar days following receipt of the third step grievance. 74 26 If not satisfied, the employee may, within thirty calendar 74 27 days following the director's response, file an appeal with 74 28 the public employment relations board. The hearing shall be 74 29 conducted in accordance with the rules of the public 74 30 employment relations board and the Iowa administrative 74 31 procedure Act, chapter 17A. Decisions rendered shall be based 74 32 upon a standard of substantial compliance with this article 74 33 and the rules of the department. Decisions by the public 74 34 employment relations board constitute final agency action. 74 35 For purposes of this subsection, "uniform grievance 75 1 procedure" does not include procedures for discipline and 75 2 discharge. 75 3 2. DISCIPLINE RESOLUTION. A merit system employee, except 75 4 an employee covered by a collective bargaining agreement, who 75 5 is discharged, suspended, demoted, or otherwise reduced in 75 6 pay, except during the employee's probationary period, may 75 7 bypass steps one and two of the grievance procedure and appeal 75 8 the disciplinary action to the director within seven calendar 75 9 days following the effective date of the action. The director 75 10 shall respond within thirty calendar days following receipt of 75 11 the appeal. 75 12 If not satisfied, the employee may, within thirty calendar 75 13 days following the director's response, file an appeal with 75 14 the public employment relations board. The employee has the 75 15 right to a hearing closed to the public, unless a public 75 16 hearing is requested by the employee. The hearing shall 75 17 otherwise be conducted in accordance with the rules of the 75 18 public employment relations board and the Iowa administrative 75 19 procedure Act, chapter 17A. If the public employment 75 20 relations board finds that the action taken by the appointing 75 21 authority was for political, religious, racial, national 75 22 origin, sex, age, or other reasons not constituting just 75 23 cause, the employee may be reinstated without loss of pay or 75 24 benefits for the elapsed period, or the public employment 75 25 relations board may provide other appropriate remedies. 75 26 Decisions by the public employment relations board constitute 75 27 final agency action. 75 28 Sec. 63. NEW SECTION. 8A.416 DISCRIMINATION, POLITICAL 75 29 ACTIVITY, USE OF OFFICIAL INFLUENCE PROHIBITED. 75 30 1. A person shall not be appointed or promoted to, or 75 31 demoted or discharged from, any position in the merit system, 75 32 or in any way favored or discriminated against with respect to 75 33 employment in the merit system because of the person's 75 34 political or religious opinions or affiliations or race or 75 35 national origin or sex, or age. 76 1 2. A person holding a position in the classified service 76 2 shall not, during the person's working hours or when 76 3 performing the person's duties or when using state equipment 76 4 or at any time on state property, take part in any way in 76 5 soliciting any contribution for any political party or any 76 6 person seeking political office, and such employee shall not 76 7 engage in any political activity that will impair the 76 8 employee's efficiency during working hours or cause the 76 9 employee to be tardy or absent from work. This section does 76 10 not preclude any employee from holding any office for which no 76 11 pay is received or any office for which only token pay is 76 12 received. 76 13 3. A person shall not seek or attempt to use any political 76 14 endorsement in connection with any appointment to a position 76 15 in the merit system. 76 16 4. A person shall not use or promise to use, directly or 76 17 indirectly, any official authority or influence, whether 76 18 possessed or anticipated, to secure or attempt to secure for 76 19 any person an appointment or advantage in appointment to a 76 20 position in the merit system, or an increase in pay or other 76 21 advantage in employment in any such position, for the purpose 76 22 of influencing the vote or political action of any person or 76 23 for any consideration. 76 24 5. An employee shall not use the employee's official 76 25 authority or influence for the purpose of interfering with an 76 26 election or affecting the results thereof. 76 27 6. Any officer or employee who violates this section shall 76 28 be subject to suspension, dismissal, or demotion subject to 76 29 the right of appeal provided in this article. 76 30 7. The director shall adopt any rules necessary for 76 31 further restricting political activities of employees in the 76 32 executive branch, but only to the extent necessary to comply 76 33 with federal standards. Employees retain the right to vote as 76 34 they please and to express their opinions on all subjects. 76 35 Sec. 64. NEW SECTION. 8A.417 PROHIBITED ACTIONS. 77 1 1. A person shall not make any false statement, 77 2 certificate, mark, rating, or report with regard to any 77 3 examination or appointment made under this article or in any 77 4 manner commit or attempt to commit any fraud preventing the 77 5 impartial execution of this article and the rules adopted 77 6 pursuant to this article. 77 7 2. A person shall not, directly or indirectly, give, 77 8 render, pay, offer, solicit, or accept any money, service, or 77 9 other valuable consideration for or on account of any 77 10 appointment, proposed appointment, promotion, or proposed 77 11 promotion to, or any advantage in, a position in the merit 77 12 system. 77 13 3. An employee of the department or any other person shall 77 14 not defeat, deceive, or obstruct any person in the person's 77 15 right to examination or appointment under this article, or 77 16 furnish to any person any special or secret information for 77 17 the purpose of affecting the rights or prospects of any person 77 18 with respect to employment in the merit system. 77 19 4. A person shall not discharge an employee from or take 77 20 or fail to take action regarding an employee's appointment or 77 21 proposed appointment to, promotion or proposed promotion to, 77 22 or any advantage in, a position in a merit system administered 77 23 by, or subject to approval of, the director as a reprisal for 77 24 a failure by that employee to inform the person that the 77 25 employee made a disclosure of information permitted by this 77 26 section, or for a disclosure of any information by that 77 27 employee to a member or employee of the general assembly, or 77 28 for a disclosure of information to any other public official 77 29 or law enforcement agency if the employee reasonably believes 77 30 the information evidences a violation of law or rule, 77 31 mismanagement, a gross abuse of funds, an abuse of authority, 77 32 or a substantial and specific danger to public health or 77 33 safety. However, an employee may be required to inform the 77 34 person that the employee made a disclosure of information 77 35 permitted by this section if the employee represented that the 78 1 disclosure was the official position of the employee's 78 2 immediate supervisor or employer. This subsection does not 78 3 apply if the disclosure of the information is prohibited by 78 4 statute. 78 5 Sec. 65. NEW SECTION. 8A.418 FEDERAL PROGRAMS EXEMPTION 78 6 EXCEPTIONS – PENALTY. 78 7 1. Notwithstanding the provisions of this article to the 78 8 contrary, a person employed under a temporary, emergency 78 9 employment utilization program funded by the federal 78 10 government which program does not exceed one year and which 78 11 program is not subject to merit system standards by federal 78 12 law, shall be exempt from this article except as provided in 78 13 this section. 78 14 2. A person employed as provided in this section shall be 78 15 subject to the provisions of section 8A.416 relating to 78 16 political activity and the civil penalties contained in such 78 17 section and, consistent with subsection 1, the provisions of 78 18 section 8A.417 relating to prohibited actions. 78 19 3. A person violating this section shall be subject to the 78 20 penalty provided for in section 8A.458. 78 21 EMPLOYEE BENEFITS 78 22 Sec. 66. NEW SECTION. 8A.431 IOWA MANAGEMENT TRAINING 78 23 SYSTEM – TRAINING REVOLVING FUND. 78 24 1. The department shall establish and administer an Iowa 78 25 management training system for the state. 78 26 2. A training revolving fund is created in the state 78 27 treasury under the control of the department. The moneys 78 28 credited to the fund shall be used for the purpose of paying 78 29 actual and necessary expenses incurred by the department in 78 30 administering the training system. All fees, grants, or 78 31 specific appropriations for this purpose shall be credited to 78 32 the fund. The fees for the training system courses shall be 78 33 set by the director to cover the costs of course development, 78 34 training materials, facilities and equipment, professional 78 35 instructors, and administration. The fees shall be paid to 79 1 the department by the state agency sending the employees for 79 2 training and the payment shall be credited to the training 79 3 revolving fund. Notwithstanding section 8.33, moneys in the 79 4 revolving fund shall not revert. Notwithstanding section 79 5 12C.7, subsection 2, interest or earnings on moneys deposited 79 6 in the fund shall be credited to the fund. 79 7 Sec. 67. NEW SECTION. 8A.432 COMBINED CHARITABLE 79 8 CAMPAIGN PROGRAM, FEES, REVOLVING FUND. 79 9 1. The department shall establish and administer a 79 10 combined charitable campaign program for state employees. 79 11 2. A combined charitable campaign revolving fund is 79 12 created in the state treasury under the control of the 79 13 department. The moneys credited to the fund shall be used for 79 14 the purpose of paying actual and necessary expenses incurred 79 15 by the department in administering the program. 79 16 Administrative expenses shall not exceed five percent of the 79 17 contributions pledged the previous year. All fees, grants, or 79 18 specific appropriations for this purpose shall be credited to 79 19 the fund. The fees for the program shall be set by the 79 20 director to cover only the cost of administration and 79 21 materials and shall not cover salaries of state employees 79 22 involved in the administration of the program. The fees shall 79 23 be paid to the department from the voluntary employee 79 24 contributions and the payment shall be credited to the 79 25 revolving fund. Notwithstanding section 8.33, any moneys in 79 26 the fund shall not revert. Notwithstanding section 12C.7, 79 27 subsection 2, interest or earnings on moneys deposited in the 79 28 fund shall be credited to the fund. 79 29 Sec. 68. NEW SECTION. 8A.433 DEFERRED COMPENSATION PLAN. 79 30 The department shall make available to eligible state 79 31 employees the option of utilizing mutual funds as an 79 32 investment alternative to the state's deferred compensation 79 33 plan established under section 509A.12. Participating 79 34 employees shall, to the extent permitted by law, be allowed to 79 35 transfer moneys deferred under the plan to a mutual fund 80 1 offered pursuant to section 509A.12. The department may make 80 2 the deferred compensation plan established pursuant to this 80 3 section available to governmental employees of a public entity 80 4 authorized to establish a deferred compensation program 80 5 pursuant to section 509A.12. 80 6 Sec. 69. NEW SECTION. 8A.434 IOWA STATE EMPLOYEE 80 7 DEFERRED COMPENSATION TRUST FUND. 80 8 1. A separate, special Iowa state employee deferred 80 9 compensation trust fund is created in the state treasury under 80 10 the control of the department. The fund shall consist of all 80 11 moneys deposited in the fund pursuant to this section, any 80 12 other assets that must be held in trust for the exclusive 80 13 benefit of participants in the state's deferred compensation 80 14 program as required by section 457 of the federal Internal 80 15 Revenue Code, and interest and earnings thereon, and shall be 80 16 used for the exclusive benefit of participants in a deferred 80 17 compensation program established by the state under section 80 18 509A.12. 80 19 2. The director is the trustee of the fund and shall 80 20 administer the fund. Any loss to the fund shall be charged 80 21 against the fund and the director shall not be personally 80 22 liable for such loss. In addition, the director is the 80 23 trustee of any trusts referenced in section 457(g) of the 80 24 federal Internal Revenue Code. Any loss to the trusts shall 80 25 be charged against the trusts and the director shall not be 80 26 personally liable for such loss. 80 27 3. Any compensation or portion of compensation reduced by 80 28 a participant in conjunction with a deferred compensation 80 29 program established by the state under section 509A.12 and any 80 30 earnings or income thereon shall be held in trust and used for 80 31 the exclusive benefit of the participant or the participant's 80 32 beneficiary as provided by section 457 of the federal Internal 80 33 Revenue Code. 80 34 4. For purposes of this section, custodial accounts, 80 35 annuity contracts, and any other contracts referenced in 81 1 section 457(g) of the federal Internal Revenue Code shall be 81 2 treated as trusts for purposes of section 457 of the federal 81 3 Internal Revenue Code. 81 4 5. Moneys in the fund are not subject to section 8.33. 81 5 Notwithstanding section 12C.7, subsection 2, interest or 81 6 earnings on moneys in the fund shall be credited to the fund. 81 7 Sec. 70. NEW SECTION. 8A.435 STATE EMPLOYEE DEFERRED 81 8 COMPENSATION MATCH TRUST FUND. 81 9 1. A separate, special Iowa state employee deferred 81 10 compensation match trust fund is created in the state treasury 81 11 under the control of the department. The trust fund shall 81 12 consist of all moneys deposited in the fund, and other assets 81 13 that must be held in trust for the exclusive benefit of 81 14 participants in the state's deferred compensation match 81 15 program as required by section 401(a) of the federal Internal 81 16 Revenue Code, and interest and earnings thereon, and shall be 81 17 used for the exclusive benefit of participants and their 81 18 beneficiaries in a deferred compensation match program 81 19 established by the state under section 509A.12. 81 20 2. The director is the trustee of the fund and shall 81 21 administer the fund. Any loss to the fund shall be charged 81 22 against the trust and the director shall not be personally 81 23 liable for such loss. 81 24 3. Moneys in the fund are not subject to section 8.33. 81 25 Notwithstanding section 12C.7, subsection 2, interest or 81 26 earnings on moneys in the fund shall be credited to the fund. 81 27 Sec. 71. NEW SECTION. 8A.436 STATE EMPLOYEE DEPENDENT 81 28 CARE SPENDING ACCOUNT TRUST FUND. 81 29 1. A separate, special Iowa state employee dependent care 81 30 spending account trust fund is created in the state treasury 81 31 under the control of the department. The trust fund consists 81 32 of all moneys, including monthly administrative charges paid 81 33 by a state department or agency as authorized by section 81 34 8A.451, held in trust for the exclusive benefit of 81 35 participants in the state's dependent care spending account 82 1 plan. Moneys in the fund are not subject to section 8.33. 82 2 Notwithstanding section 12C.7, interest and earnings from 82 3 moneys in the trust fund shall be credited to the trust fund 82 4 and shall be used exclusively for the benefit of plan 82 5 participants. 82 6 2. The director shall serve as trustee of the trust fund 82 7 and shall administer the fund as required by sections 125 and 82 8 129 of the federal Internal Revenue Code. Any loss to the 82 9 fund shall be charged against the fund and the director shall 82 10 not be personally liable for such loss. The director has the 82 11 authority to direct expenditures as deemed appropriate to the 82 12 exclusive benefit of the plan participants. 82 13 Sec. 72. NEW SECTION. 8A.437 STATE EMPLOYEE HEALTH 82 14 FLEXIBLE SPENDING ACCOUNT TRUST FUND. 82 15 1. The director shall establish for state employees a 82 16 health flexible spending account plan which offers multiple 82 17 benefits to state employees. The state's health flexible 82 18 spending account plan shall be established to meet the 82 19 conditions of section 125 of the Internal Revenue Code of 82 20 1986. 82 21 2. A separate, special Iowa state employee health flexible 82 22 spending account trust fund is created in the state treasury 82 23 under the control of the department. The trust fund consists 82 24 of all moneys appropriated to the fund, all monthly 82 25 administrative charges paid by a state department or agency as 82 26 authorized by section 8A.451, and any other assets directed to 82 27 be held in trust for the exclusive benefit of participants in 82 28 the state's health flexible spending account plan. Moneys in 82 29 the fund are not subject to section 8.33. Notwithstanding 82 30 section 12C.7, interest and earnings from moneys in the trust 82 31 fund shall be credited to the trust fund and shall be used 82 32 exclusively for the benefit of plan participants. 82 33 3. The director shall serve as trustee of the trust fund 82 34 and has the authority to direct expenditures as deemed 82 35 appropriate to the exclusive benefit of the plan participants. 83 1 Sec. 73. NEW SECTION. 8A.438 ANNUITY CONTRACTS. 83 2 1. At the request of an employee of a state agency through 83 3 contractual agreement, the director may arrange for the 83 4 purchase of group or individual annuity contracts for any of 83 5 the employees of that agency, which annuity contracts are 83 6 issued by a nonprofit corporation issuing retirement annuities 83 7 exclusively for educational institutions and their employees 83 8 or are purchased from any company the employee chooses that is 83 9 authorized to do business in this state or through an Iowa- 83 10 licensed salesperson that the employee selects, on a group or 83 11 individual basis, for retirement or other purposes, and may 83 12 make payroll deductions in accordance with the arrangements 83 13 for the purpose of paying the entire premium due and to become 83 14 due under the contract. The deductions shall be made in the 83 15 manner which will qualify the annuity premiums for the 83 16 benefits afforded under section 403(b) of the Internal Revenue 83 17 Code, as defined in section 422.3. The employee's rights 83 18 under the annuity contract are nonforfeitable except for the 83 19 failure to pay premiums. As used in this section, unless the 83 20 context otherwise requires, "annuity contract" includes any 83 21 custodial account which meets the requirements of section 83 22 403(b)(7) of the Internal Revenue Code, as defined in section 83 23 422.3. 83 24 2. Whenever an existing tax-sheltered annuity contract is 83 25 to be replaced by a new contract, the agent or representative 83 26 of the company shall send a letter of intent by registered 83 27 mail at least thirty days prior to any action to the company 83 28 being replaced, to the commissioner of insurance of this 83 29 state, to the agent's own company, and to the director. The 83 30 letter of intent shall contain the policy number and 83 31 description of the contract being replaced and a description 83 32 of the replacement contract. 83 33 Sec. 74. NEW SECTION. 8A.439 LONGEVITY PAY PROHIBITED – 83 34 EXCEPTION. 83 35 A state employee subject to the provisions of this article 84 1 shall not be entitled to longevity pay except for those 84 2 employees granted longevity pay pursuant to section 307.48. 84 3 STATE HUMAN RESOURCE MANAGEMENT OPERATIONS 84 4 MISCELLANEOUS PROVISIONS 84 5 Sec. 75. NEW SECTION. 8A.451 HUMAN RESOURCES 84 6 ADMINISTRATIVE COSTS. 84 7 1. The department may quarterly render a statement to each 84 8 department or agency which operates in whole or in part from 84 9 other than general fund appropriations for a pro rata share of 84 10 the cost of administration of the department, or a portion 84 11 thereof, as it relates to the state human resources management 84 12 duties of the department pursuant to this article. The 84 13 expense shall be paid by the state department or agency in the 84 14 same manner as other expenses of that department or agency are 84 15 paid and all moneys received shall be deposited in the general 84 16 fund of the state. 84 17 2. The department shall render monthly a statement to each 84 18 state department or agency for a pro rata share of the cost of 84 19 administration of the state employee flexible spending 84 20 accounts. The expense shall be paid by the state department 84 21 or agency in the same manner as other expenses of that state 84 22 department or agency are paid and all moneys received for 84 23 administration costs shall be deposited in the appropriate 84 24 fund. 84 25 Sec. 76. NEW SECTION. 8A.452 USE OF PUBLIC BUILDINGS. 84 26 All officers and employees of the state and of political 84 27 subdivisions of the state shall allow the department the 84 28 reasonable use of public buildings under their control, and 84 29 furnish heat, light, and furniture for any examination, 84 30 hearing, or investigation authorized by this article. The 84 31 department shall pay to a political subdivision the reasonable 84 32 cost of any such facilities furnished. 84 33 Sec. 77. NEW SECTION. 8A.453 AID BY STATE EMPLOYEES – 84 34 RECORDS AND INFORMATION. 84 35 1. All officers and employees of the state shall comply 85 1 with and aid in all proper ways in carrying out the provisions 85 2 of this article and the rules and orders under this article. 85 3 All officers and employees shall furnish any records or 85 4 information which the director requires for any purpose of 85 5 this article. The director may institute and maintain any 85 6 action or proceeding at law or in equity that the director 85 7 considers necessary or appropriate to secure compliance with 85 8 this article and the rules and orders under this article. 85 9 2. The director may delegate to a person in any 85 10 department, agency, board, commission, or office, located away 85 11 from the seat of government, any of the duties imposed by this 85 12 article upon the director. 85 13 Sec. 78. NEW SECTION. 8A.454 HEALTH INSURANCE 85 14 ADMINISTRATION FUND. 85 15 1. A separate, special Iowa state health insurance 85 16 administration fund is created in the state treasury under the 85 17 control of the department. The fund shall consist of all 85 18 moneys deposited in the fund from proceeds of a monthly per 85 19 contract administrative charge assessed and collected by the 85 20 department. Moneys deposited in the fund shall be expended by 85 21 the department for health insurance program administration 85 22 costs. Notwithstanding section 12C.7, subsection 2, interest 85 23 or earnings on moneys deposited in the fund shall be credited 85 24 to the fund. 85 25 2. A monthly per contract administrative charge shall be 85 26 assessed by the department on all health insurance plans 85 27 administered by the department in which the contract holder 85 28 has a state employer to pay the charge. The amount of the 85 29 administrative charge shall be established by the general 85 30 assembly. The department shall collect the administrative 85 31 charge from each department utilizing the centralized payroll 85 32 system and shall deposit the proceeds in the fund. In 85 33 addition, the state board of regents, all library service 85 34 areas, the state fair board, the state department of 85 35 transportation, and each judicial district department of 86 1 correctional services shall remit the administrative charge on 86 2 a monthly basis to the department and shall submit a report to 86 3 the department containing the number and type of health 86 4 insurance contracts held by each of its employees whose health 86 5 insurance is administered by the department. 86 6 3. The expenditure of moneys from the fund in any fiscal 86 7 year shall not exceed the amount of the monthly charge 86 8 established by the general assembly multiplied by the number 86 9 of health insurance contracts in effect at the beginning of 86 10 the same fiscal year in which the expenditures shall be made. 86 11 Any unencumbered or unobligated moneys in the fund at the end 86 12 of the fiscal year shall not revert but shall be transferred 86 13 to the health insurance premium reserve fund established 86 14 pursuant to section 509A.5. 86 15 4. This section is repealed July 1, 2007. 86 16 Sec. 79. NEW SECTION. 8A.455 CERTIFICATION OF PAYROLLS 86 17 – ACTIONS. 86 18 1. A state disbursing or auditing officer shall not make 86 19 or approve or take part in making or approving a payment for 86 20 personnel services to any person unless the payroll voucher or 86 21 account of the pay bears the certification of the director, or 86 22 of the director's authorized agent, that the persons named 86 23 have been appointed and employed in accordance with this 86 24 article and the rules and orders under this article, and that 86 25 funds are available for the payment of the persons. 86 26 2. The director may, for proper cause, withhold 86 27 certification from an entire payroll or from any specific item 86 28 or items on a payroll. The director may, however, provide 86 29 that certification of payrolls may be made once every year, 86 30 and such certification shall remain in effect except in the 86 31 case of any officer or employee whose status has changed after 86 32 the last certification of the officer's or employee's payroll. 86 33 In the latter case a voucher for payment of salary to such 86 34 employee shall not be issued or payment of salary shall not be 86 35 made without further certification by the director. 87 1 3. Any citizen may maintain an action in accordance with 87 2 chapter 17A to restrain a disbursing officer from making any 87 3 payment in contravention of this article, or rule or order 87 4 under this article. Any sum paid contrary to this article or 87 5 any rule or order under this article may be recovered in an 87 6 action in accordance with chapter 17A maintained by any 87 7 citizen, from any officer who made, approved, or authorized 87 8 such payment or who signed or countersigned a voucher, 87 9 payroll, check, or warrant for such payment, or from the 87 10 sureties on the official bond of any such officer. All moneys 87 11 recovered in any such action shall be paid into the state 87 12 treasury. 87 13 4. Any person appointed or employed in contravention of 87 14 this article or of any rule or order under this article who 87 15 performs service for which the person is not paid may maintain 87 16 an action in accordance with chapter 17A against the officer 87 17 or officers who purported so to appoint or employ the person 87 18 to recover the agreed pay for such services or the reasonable 87 19 value of the services if no pay was agreed upon. An officer 87 20 shall not be reimbursed by the state at any time for any sum 87 21 paid to such person on account of such services. 87 22 5. If the director wrongfully withholds certification of 87 23 the payroll voucher or account of any employee, such employee 87 24 may maintain a proceeding in accordance with chapter 17A in 87 25 the courts to compel the director to certify such a payroll 87 26 voucher or account. 87 27 Sec. 80. NEW SECTION. 8A.456 ACCESS TO RECORDS. 87 28 1. An employee subject to the provisions of this article 87 29 shall have access to the employee's personal file. 87 30 2. An applicant for a position subject to the provisions 87 31 of this article shall be permitted to review, in accordance 87 32 with such rules as the director may prescribe, any evaluation 87 33 resulting from the application for employment. 87 34 Sec. 81. NEW SECTION. 8A.457 WORKERS' COMPENSATION 87 35 CLAIMS. 88 1 The director shall employ appropriate staff to handle and 88 2 adjust claims of state employees for workers' compensation 88 3 benefits pursuant to chapters 85, 85A, 85B, and 86, or with 88 4 the approval of the executive council contract for the 88 5 services or purchase workers' compensation insurance coverage 88 6 for state employees or selected groups of state employees. A 88 7 state employee workers' compensation fund is created in the 88 8 state treasury under the control of the department to pay 88 9 state employee workers' compensation claims and administrative 88 10 costs. The department shall establish a rating formula and 88 11 assess premiums to all agencies, departments, and divisions of 88 12 the state including those which have not received an 88 13 appropriation for the payment of workers' compensation 88 14 insurance and which operate from moneys other than from the 88 15 general fund of the state. The department shall collect the 88 16 premiums and deposit them into the state employee workers' 88 17 compensation fund. Notwithstanding section 8.33, moneys 88 18 deposited in the state employee workers' compensation fund 88 19 shall not revert to the general fund of the state at the end 88 20 of any fiscal year, but shall remain in the state employee 88 21 workers' compensation fund and be continuously available to 88 22 pay state employee workers' compensation claims. The director 88 23 may, to the extent practicable, contract with a private 88 24 organization to handle the processing and payment of claims 88 25 and services rendered under the provisions of this section. 88 26 Sec. 82. NEW SECTION. 8A.458 PENALTY. 88 27 A person who willfully violates this article or any rules 88 28 adopted pursuant to this article, where no other penalty is 88 29 prescribed, is guilty of a simple misdemeanor. 88 30 ARTICLE 5 88 31 FINANCIAL ADMINISTRATION 88 32 Sec. 83. NEW SECTION. 8A.502 FINANCIAL ADMINISTRATION 88 33 DUTIES. 88 34 The department shall provide for the efficient management 88 35 and administration of the financial resources of state 89 1 government and shall have and assume the following powers and 89 2 duties: 89 3 1. CENTRALIZED ACCOUNTING SYSTEM. To assume the 89 4 responsibilities related to a centralized accounting system 89 5 for state government. 89 6 2. SETOFF PROCEDURES. To establish and maintain a setoff 89 7 procedure as provided in section 8A.504. 89 8 3. COST ALLOCATION SYSTEM. To establish a cost allocation 89 9 system as provided in section 8A.505. 89 10 4. COLLECTION AND PAYMENT OF FUNDS – MONTHLY PAYMENTS. 89 11 To control the payment of all moneys into the state treasury, 89 12 and all payments from the state treasury by the preparation of 89 13 appropriate warrants, or warrant checks, directing such 89 14 collections and payment, and to advise the treasurer of state 89 15 monthly in writing of the amount of public funds not currently 89 16 needed for operating expenses. Whenever the state treasury 89 17 includes state funds that require distribution to counties, 89 18 cities, or other political subdivisions of this state, and the 89 19 counties, cities, and other political subdivisions certify to 89 20 the director that warrants will be stamped for lack of funds 89 21 within the thirty-day period following certification, the 89 22 director may partially distribute the funds on a monthly 89 23 basis. Whenever the law requires that any funds be paid by a 89 24 specific date, the director shall prepare a final accounting 89 25 and shall make a final distribution of any remaining funds 89 26 prior to that date. 89 27 5. PREAUDIT SYSTEM. To establish and fix a reasonable 89 28 imprest cash fund for each state department and institution 89 29 for disbursement purposes where needed. These revolving funds 89 30 shall be reimbursed only upon vouchers approved by the 89 31 director. It is the purpose of this subsection to establish a 89 32 preaudit system of settling all claims against the state, but 89 33 the preaudit system is not applicable to any of the following: 89 34 a. Institutions under the control of the state board of 89 35 regents. 90 1 b. The state fair board as established in chapter 173. 90 2 c. The Iowa dairy industry commission as established in 90 3 chapter 179, the Iowa beef cattle producers association as 90 4 established in chapter 181, the Iowa pork producers council as 90 5 established in chapter 183A, the Iowa egg council as 90 6 established in chapter 184, the Iowa turkey marketing council 90 7 as established in chapter 184A, the Iowa soybean promotion 90 8 board as established in chapter 185, and the Iowa corn 90 9 promotion board as established in chapter 185C. 90 10 6. AUDIT OF CLAIMS. To set rules and procedures for the 90 11 preaudit of claims by individual agencies or organizations. 90 12 The director reserves the right to refuse to accept incomplete 90 13 or incorrect claims and to review, preaudit, or audit claims 90 14 as determined by the director. 90 15 7. CONTRACTS. To certify, record, and encumber all formal 90 16 contracts to prevent overcommitment of appropriations and 90 17 allotments. 90 18 8. ACCOUNTS. To keep the central budget and proprietary 90 19 control accounts of the general fund of the state and special 90 20 funds, as defined in section 8.2, of the state government. 90 21 Upon elimination of the state deficit under generally accepted 90 22 accounting principles, including the payment of items budgeted 90 23 in a subsequent fiscal year which under generally accepted 90 24 accounting principles should be budgeted in the current fiscal 90 25 year, the recognition of revenues received and expenditures 90 26 paid and transfers received and paid within the time period 90 27 required pursuant to section 8.33 shall be in accordance with 90 28 generally accepted accounting principles. Budget accounts are 90 29 those accounts maintained to control the receipt and 90 30 disposition of all funds, appropriations, and allotments. 90 31 Proprietary accounts are those accounts relating to assets, 90 32 liabilities, income, and expense. For each fiscal year, the 90 33 financial position and results of operations of the state 90 34 shall be reported in a comprehensive annual financial report 90 35 prepared in accordance with generally accepted accounting 91 1 principles, as established by the governmental accounting 91 2 standards board. 91 3 9. FAIR BOARD AND BOARD OF REGENTS. To control the 91 4 financial operations of the state fair board and the 91 5 institutions under the state board of regents: 91 6 a. By charging all warrants issued to the respective 91 7 educational institutions and the state fair board to an 91 8 advance account to be further accounted for and not as an 91 9 expense which requires no further accounting. 91 10 b. By charging all collections made by the educational 91 11 institutions and state fair board to the respective advance 91 12 accounts of the institutions and state fair board, and by 91 13 crediting all such repayment collections to the respective 91 14 appropriations and special funds. 91 15 c. By charging all disbursements made to the respective 91 16 allotment accounts of each educational institution or state 91 17 fair board and by crediting all such disbursements to the 91 18 respective advance and inventory accounts. 91 19 d. By requiring a monthly abstract of all receipts and of 91 20 all disbursements, both money and stores, and a complete 91 21 account current each month from each educational institution 91 22 and the state fair board. 91 23 10. ENTITIES REPRESENTING AGRICULTURAL PRODUCERS. To 91 24 control the financial operations of the Iowa dairy industry 91 25 commission as provided in chapter 179, the Iowa beef cattle 91 26 producers association as provided in chapter 181, the Iowa 91 27 pork producers council as provided in chapter 183A, the Iowa 91 28 egg council as provided in chapter 184, the Iowa turkey 91 29 marketing council as provided in chapter 184A, the Iowa 91 30 soybean promotion board as provided in chapter 185, and the 91 31 Iowa corn promotion board as provided in chapter 185C. 91 32 11. CUSTODY OF RECORDS. To have the custody of all books, 91 33 papers, records, documents, vouchers, conveyances, leases, 91 34 mortgages, bonds, and other securities appertaining to the 91 35 fiscal affairs and property of the state, which are not 92 1 required to be kept in some other office. 92 2 12. INTEREST OF THE PERMANENT SCHOOL FUND. To transfer 92 3 the interest of the permanent school fund to the credit of the 92 4 interest for Iowa schools fund. 92 5 13. FORMS. To prescribe all accounting and business forms 92 6 and the system of accounts and reports of financial 92 7 transactions by all departments and agencies of the state 92 8 government other than those of the legislative branch. 92 9 14. FEDERAL CASH MANAGEMENT AND IMPROVEMENT ACT 92 10 ADMINISTRATOR. To serve as administrator for state actions 92 11 relating to the federal Cash Management and Improvement Act of 92 12 1990, Pub. L. No. 101-453, as codified in 31 U.S.C. } 6503. 92 13 The director shall perform the following duties relating to 92 14 the federal law: 92 15 a. Act as the designated representative of the state in 92 16 the negotiation and administration of contracts between the 92 17 state and federal government relating to the federal law. 92 18 b. Modify the centralized statewide accounting system and 92 19 develop, or require to be developed by the appropriate 92 20 departments of state government, the necessary reports and 92 21 procedures necessary to complete the managerial and financial 92 22 reports required to comply with the federal law. 92 23 There is annually appropriated from the general fund of the 92 24 state to the department an amount sufficient to pay interest 92 25 costs that may be due the federal government as a result of 92 26 implementation of the federal law. This paragraph does not 92 27 authorize the payment of interest from the general fund of the 92 28 state for any departmental revolving, trust, or special fund 92 29 where monthly interest earnings accrue to the credit of the 92 30 departmental revolving, trust, or special fund. For any 92 31 departmental revolving, trust, or special fund where monthly 92 32 interest is accrued to the credit of the fund, the director 92 33 may authorize a supplemental expenditure to pay interest costs 92 34 from the individual fund which are due the federal government 92 35 as a result of implementation of the federal law. 93 1 Sec. 84. NEW SECTION. 8A.503 RULES – DEPOSIT OF 93 2 DEPARTMENTAL MONEYS. 93 3 The director shall prescribe by rule the manner and methods 93 4 by which all departments and agencies of the state who collect 93 5 money for and on behalf of the state shall cause the money to 93 6 be deposited with the treasurer of state or in a depository 93 7 designated by the treasurer of state. All such moneys 93 8 collected shall be deposited at such times and in such 93 9 depositories to permit the state of Iowa to deposit the funds 93 10 in a manner consistent with the state's investment policies. 93 11 All such moneys shall be promptly deposited, as directed, even 93 12 though the individual amount remitted may not be correct. If 93 13 any individual amount remitted is in excess of the amount 93 14 required, the department or agency receiving the same shall 93 15 refund the excess amount. If the individual amount remitted 93 16 is insufficient, the person, firm, or corporation concerned 93 17 shall be immediately billed for the amount of the deficiency. 93 18 Sec. 85. NEW SECTION. 8A.504 SETOFF PROCEDURES. 93 19 1. DEFINITIONS. As used in this section, unless the 93 20 context otherwise requires: 93 21 a. "Collection entity" means the department of 93 22 administrative services and any other state agency that 93 23 maintains a separate accounting system and elects to establish 93 24 a debt collection setoff procedure for collection of debts 93 25 owed to the state or its agencies. 93 26 b. "Person" does not include a state agency. 93 27 c. "Qualifying debt" includes, but is not limited to, the 93 28 following: 93 29 (1) Any debt, which is assigned to the department of human 93 30 services, or which the child support recovery unit is 93 31 otherwise attempting to collect, or which the foster care 93 32 recovery unit of the department of human services is 93 33 attempting to collect on behalf of a child receiving foster 93 34 care provided by the department of human services. 93 35 (2) An amount that is due because of a default on a 94 1 guaranteed student or parental loan under chapter 261. 94 2 (3) Any debt which is in the form of a liquidated sum due, 94 3 owing, and payable to the clerk of the district court. 94 4 d. "State agency" means a board, commission, department, 94 5 including the department of administrative services, or other 94 6 administrative office or unit of the state of Iowa or any 94 7 other state entity reported in the Iowa comprehensive annual 94 8 financial report. "State agency" does include the clerk of 94 9 the district court as it relates to the collection of a 94 10 qualifying debt. "State agency" does not include the general 94 11 assembly, the governor, or any political subdivision of the 94 12 state, or its offices and units. 94 13 2. SETOFF PROCEDURE. The collection entity shall 94 14 establish and maintain a procedure to set off against any 94 15 claim owed to a person by a state agency any liability of that 94 16 person owed to a state agency, a support debt being enforced 94 17 by the child support recovery unit pursuant to chapter 252B, 94 18 or such other qualifying debt. The procedure shall only apply 94 19 when at the discretion of the director it is feasible. The 94 20 procedure shall meet the following conditions: 94 21 a. Before setoff, a person's liability to a state agency 94 22 and the person's claim on a state agency shall be in the form 94 23 of a liquidated sum due, owing, and payable. 94 24 b. Before setoff, the state agency shall obtain and 94 25 forward to the collection entity the full name and social 94 26 security number of the person liable to it or to whom a claim 94 27 is owing who is a natural person. If the person is not a 94 28 natural person, before setoff, the state agency shall forward 94 29 to the collection entity the information concerning the person 94 30 as the collection entity shall, by rule, require. The 94 31 collection entity shall cooperate with other state agencies in 94 32 the exchange of information relevant to the identification of 94 33 persons liable to or claimants of state agencies. However, 94 34 the collection entity shall provide only relevant information 94 35 required by a state agency. The information shall be held in 95 1 confidence and used for the purpose of setoff only. Section 95 2 422.72, subsection 1, does not apply to this paragraph. 95 3 c. Before setoff, a state agency shall, at least annually, 95 4 submit to the collection entity the information required by 95 5 paragraph "b" along with the amount of each person's liability 95 6 to and the amount of each claim on the state agency. The 95 7 collection entity may, by rule, require more frequent 95 8 submissions. 95 9 d. Before setoff, the amount of a person's claim on a 95 10 state agency and the amount of a person's liability to a state 95 11 agency shall constitute a minimum amount set by rule of the 95 12 collection entity. 95 13 e. Upon submission of an allegation of liability by a 95 14 state agency, the collection entity shall notify the state 95 15 agency whether the person allegedly liable is entitled to 95 16 payment from a state agency, and, if so entitled, shall notify 95 17 the state agency of the amount of the person's entitlement and 95 18 of the person's last address known to the collection entity. 95 19 Section 422.72, subsection 1, does not apply to this 95 20 paragraph. 95 21 f. Upon notice of entitlement to a payment, the state 95 22 agency shall send written notification to that person of the 95 23 state agency's assertion of its rights to all or a portion of 95 24 the payment and of the state agency's entitlement to recover 95 25 the liability through the setoff procedure, the basis of the 95 26 assertion, the opportunity to request that a jointly or 95 27 commonly owned right to payment be divided among owners, and 95 28 the person's opportunity to give written notice of intent to 95 29 contest the amount of the allegation. The state agency shall 95 30 send a copy of the notice to the collection entity. A state 95 31 agency subject to chapter 17A shall give notice, conduct 95 32 hearings, and allow appeals in conformity with chapter 17A. 95 33 However, upon submission of an allegation of the liability 95 34 of a person which is owing and payable to the clerk of the 95 35 district court and upon the determination by the collection 96 1 entity that the person allegedly liable is entitled to payment 96 2 from a state agency, the collection entity shall send written 96 3 notification to the person which states the assertion by the 96 4 clerk of the district court of rights to all or a portion of 96 5 the payment, the clerk's entitlement to recover the liability 96 6 through the setoff procedure, the basis of the assertions, the 96 7 person's opportunity to request within fifteen days of the 96 8 mailing of the notice that the collection entity divide a 96 9 jointly or commonly owned right to payment between owners, the 96 10 opportunity to contest the liability to the clerk by written 96 11 application to the clerk within fifteen days of the mailing of 96 12 the notice, and the person's opportunity to contest the 96 13 collection entity's setoff procedure. 96 14 g. Upon the timely request of a person liable to a state 96 15 agency or of the spouse of that person and upon receipt of the 96 16 full name and social security number of the person's spouse, a 96 17 state agency shall notify the collection entity of the request 96 18 to divide a jointly or commonly owned right to payment. Any 96 19 jointly or commonly owned right to payment is rebuttably 96 20 presumed to be owned in equal portions by its joint or common 96 21 owners. 96 22 h. The collection entity shall, after the state agency has 96 23 sent notice to the person liable or, if the liability is owing 96 24 and payable to the clerk of the district court, the collection 96 25 entity has sent notice to the person liable, set off the 96 26 amount owed to the agency against any amount which a state 96 27 agency owes that person. The collection entity shall refund 96 28 any balance of the amount to the person. The collection 96 29 entity shall periodically transfer amounts set off to the 96 30 state agencies entitled to them. If a person liable to a 96 31 state agency gives written notice of intent to contest an 96 32 allegation, a state agency shall hold a refund or rebate until 96 33 final disposition of the allegation. Upon completion of the 96 34 setoff, a state agency shall notify in writing the person who 96 35 was liable or, if the liability is owing and payable to the 97 1 clerk of the district court, shall comply with the procedures 97 2 as provided in paragraph "j". 97 3 i. The department of revenue and finance's existing right 97 4 to credit against tax due or to become due under section 97 5 422.73 is not to be impaired by a right granted to or a duty 97 6 imposed upon the collection entity or other state agency by 97 7 this section. This section is not intended to impose upon the 97 8 collection entity or the department of revenue and finance any 97 9 additional requirement of notice, hearing, or appeal 97 10 concerning the right to credit against tax due under section 97 11 422.73. 97 12 j. If the alleged liability is owing and payable to the 97 13 clerk of the district court and setoff as provided in this 97 14 section is sought, all of the following shall apply: 97 15 (1) The judicial branch shall prescribe procedures to 97 16 permit a person to contest the amount of the person's 97 17 liability to the clerk of the district court. 97 18 (2) The collection entity shall, except for the procedures 97 19 described in subparagraph (1), prescribe any other applicable 97 20 procedures concerning setoff as provided in this subsection. 97 21 (3) Upon completion of the setoff, the collection entity 97 22 shall file, at least monthly, with the clerk of the district 97 23 court a notice of satisfaction of each obligation to the full 97 24 extent of all moneys collected in satisfaction of the 97 25 obligation. The clerk shall record the notice and enter a 97 26 satisfaction for the amounts collected and a separate written 97 27 notice is not required. 97 28 3. In the case of multiple claims to payments filed under 97 29 this section, priority shall be given to claims filed by the 97 30 child support recovery unit or the foster care recovery unit, 97 31 next priority shall be given to claims filed by the college 97 32 student aid commission, next priority shall be given to claims 97 33 filed by the investigations division of the department of 97 34 inspections and appeals, next priority shall be given to 97 35 claims filed by a clerk of the district court, and last 98 1 priority shall be given to claims filed by other state 98 2 agencies. In the case of multiple claims in which the 98 3 priority is not otherwise provided by this subsection, 98 4 priority shall be determined in accordance with rules to be 98 5 established by the director. 98 6 4. The director shall have the authority to enter into 98 7 reciprocal agreements with the departments of revenue of other 98 8 states that have enacted legislation that is substantially 98 9 equivalent to the setoff procedure provided in this section 98 10 for the recovery of an amount due because of a default on a 98 11 guaranteed student or parental loan under chapter 261. A 98 12 reciprocal agreement shall also be approved by the college 98 13 student aid commission. The agreement shall authorize the 98 14 department to provide by rule for the setoff of state income 98 15 tax refunds or rebates of defaulters from states with which 98 16 Iowa has a reciprocal agreement and to provide for sending 98 17 lists of names of Iowa defaulters to the states with which 98 18 Iowa has a reciprocal agreement for setoff of that state's 98 19 income tax refunds. 98 20 5. Under substantive rules established by the director, 98 21 the department shall seek reimbursement from other state 98 22 agencies to recover its costs for setting off liabilities. 98 23 Sec. 86. NEW SECTION. 8A.505 COST ALLOCATION SYSTEM. 98 24 The department shall develop and administer an indirect 98 25 cost allocation system for state agencies. The system shall 98 26 be based upon standard cost accounting methodologies and shall 98 27 be used to allocate both direct and indirect costs of state 98 28 agencies or state agency functions in providing centralized 98 29 services to other state agencies. A cost that is allocated to 98 30 a state agency pursuant to this system shall be billed to the 98 31 state agency and the cost is payable to the general fund of 98 32 the state. The source of payment for the billed cost shall be 98 33 any revenue source except for the general fund of the state. 98 34 If a state agency is authorized by law to bill and recover 98 35 direct expenses, the state agency shall recover indirect costs 99 1 in the same manner. 99 2 Sec. 87. NEW SECTION. 8A.506 ACCOUNTING. 99 3 The director may at any time require any person receiving 99 4 money, securities, or property belonging to the state, or 99 5 having the management, disbursement, or other disposition of 99 6 them, an account of which is kept in the department, to render 99 7 statements of them and information in reference to them. 99 8 Sec. 88. NEW SECTION. 8A.507 STATING ACCOUNT. 99 9 If an officer who is accountable to the state treasury for 99 10 any money or property neglects to render an account to the 99 11 director within the time prescribed by law, or, if no time is 99 12 so prescribed, within twenty days after being required to do 99 13 so by the director, the director shall state an account 99 14 against the officer from the books of the officer's office, 99 15 charging ten percent damages on the whole sum appearing due, 99 16 and interest at the rate of six percent per annum on the 99 17 aggregate from the time when the account should have been 99 18 rendered; all of which may be recovered by action brought on 99 19 the account, or on the official bond of the officer. 99 20 Sec. 89. NEW SECTION. 8A.508 COMPELLING PAYMENT. 99 21 If an officer fails to pay into the state treasury the 99 22 amount received by the officer within the time prescribed by 99 23 law, or, having settled with the director, fails to pay the 99 24 amount found due, the director shall charge the officer with 99 25 twenty percent damages on the amount due, with interest on the 99 26 aggregate from the time the amount became due at the rate of 99 27 six percent per annum, and the whole may be recovered by an 99 28 action brought on the account, or on the official bond of the 99 29 officer, and the officer shall forfeit the officer's 99 30 commission. 99 31 Sec. 90. NEW SECTION. 8A.509 DEFENSE TO CLAIM. 99 32 The penal provisions in sections 8A.507 and 8A.508 are 99 33 subject to any legal defense which the officer may have 99 34 against the account as stated by the director, but judgment 99 35 for costs shall be rendered against the officer in the action, 100 1 whatever its result, unless the officer rendered an account 100 2 within the time named in those sections. 100 3 Sec. 91. NEW SECTION. 8A.510 REQUESTED CREDITS – OATH 100 4 REQUIRED. 100 5 When a county treasurer or other receiver of public money 100 6 seeks to obtain credit on the books of the department for 100 7 payment made to the county treasurer, before giving such 100 8 credit the director shall require that person to take and 100 9 subscribe an oath that the person has not used, loaned, or 100 10 appropriated any of the public money for the person's private 100 11 benefit, nor for the benefit of any other person. 100 12 Sec. 92. NEW SECTION. 8A.511 REQUISITION FOR 100 13 INFORMATION. 100 14 In those cases where the director is authorized to call 100 15 upon persons or officers for information, or statements, or 100 16 accounts, the director may issue a requisition therefor in 100 17 writing to the person or officer called upon, allowing 100 18 reasonable time, which, having been served and return made to 100 19 the director, as a notice in a civil action, is evidence of 100 20 the making of the requisition. 100 21 Sec. 93. NEW SECTION. 8A.512 LIMITS ON CLAIMS. 100 22 The director is limited in authorizing the payment of 100 23 claims, as follows: 100 24 1. FUNDING LIMIT. 100 25 a. A claim shall not be allowed by the department if the 100 26 appropriation or fund of certification available for paying 100 27 the claim has been exhausted or proves insufficient. 100 28 b. The authority of the director is subject to the 100 29 following exceptions: 100 30 (1) Claims by state employees for benefits pursuant to 100 31 chapters 85, 85A, 85B, and 86 are subject to limitations 100 32 provided in those chapters. 100 33 (2) Claims for medical assistance payments authorized 100 34 under chapter 249A are subject to the time limits imposed by 100 35 rule adopted by the department of human services. 101 1 (3) Claims approved by an agency according to the 101 2 provisions of sections 25.1 and 25.2. 101 3 2. CONVENTION EXPENSES. Claims for expenses in attending 101 4 conventions, meetings, conferences, or gatherings of members 101 5 of an association or society organized and existing as a 101 6 quasi-public association or society outside the state of Iowa 101 7 shall not be allowed at public expense, unless authorized by 101 8 the executive council; and claims for these expenses outside 101 9 of the state shall not be allowed unless the voucher is 101 10 accompanied by the portion of the minutes of the executive 101 11 council, certified to by its secretary, showing that the 101 12 expense was authorized by the council. This section does not 101 13 apply to claims in favor of the governor, attorney general, 101 14 utilities board members, or to trips referred to in sections 101 15 97B.7A and 217.20. 101 16 3. PAYMENT FROM FEES. Claims for per diem and expenses 101 17 payable from fees shall not be approved for payment in excess 101 18 of those fees if the law provides that such expenditures are 101 19 limited to the special funds collected and deposited in the 101 20 state treasury. 101 21 Sec. 94. NEW SECTION. 8A.513 CLAIMS – APPROVAL. 101 22 The director before approving a claim on behalf of the 101 23 department shall determine: 101 24 1. That the creation of the claim is clearly authorized by 101 25 law. Statutes authorizing the expenditure may be referenced 101 26 through account coding authorized by the director. 101 27 2. That the claim has been authorized by an officer or 101 28 official body having legal authority to so authorize and that 101 29 the fact of authorization has been certified to the director 101 30 by such officer or official body. 101 31 3. That all legal requirements have been observed, 101 32 including notice and opportunity for competition, if required 101 33 by law. 101 34 4. That the claim is in proper form as the director may 101 35 provide. 102 1 5. That the charges are reasonable, proper, and correct 102 2 and no part of the claim has been paid. 102 3 Sec. 95. NEW SECTION. 8A.514 VOUCHERS – INTEREST – 102 4 PAYMENT OF CLAIMS. 102 5 1. Before a warrant or its equivalent is issued for a 102 6 claim payable from the state treasury, the department shall 102 7 file an itemized voucher showing in detail the items of 102 8 service, expense, item furnished, or contract for which 102 9 payment is sought. However, the director may authorize the 102 10 prepayment of claims when the best interests of the state are 102 11 served under rules adopted by the director. The claimant's 102 12 original invoice shall be attached to a department's approved 102 13 voucher. The director shall adopt rules specifying the form 102 14 and contents for invoices submitted by a vendor to a 102 15 department. The requirements apply to acceptance of an 102 16 invoice by a department. A department shall not impose 102 17 additional or different requirements on submission of invoices 102 18 than those contained in rules of the director unless the 102 19 director exempts the department from the invoice requirements 102 20 or a part of the requirements upon a finding that compliance 102 21 would result in poor accounting or management practices. 102 22 2. Vouchers for postage, stamped envelopes, and postal 102 23 cards may be audited as soon as an order for them is entered. 102 24 3. The departments, the general assembly, and the courts 102 25 shall pay their claims in a timely manner. If a claim for 102 26 services, supplies, materials, or a contract which is payable 102 27 from the state treasury remains unpaid after sixty days 102 28 following the receipt of the claim or the satisfactory 102 29 delivery, furnishing, or performance of the services, 102 30 supplies, materials, or contract, whichever date is later, the 102 31 state shall pay interest at the rate of one percent per month 102 32 on the unpaid amount of the claim. This subsection does not 102 33 apply to claims against the state under chapters 25 and 669 or 102 34 to claims paid by federal funds. The interest shall be 102 35 charged to the appropriation or fund to which the claim is 103 1 certified. Departments may enter into contracts for goods or 103 2 services on payment terms of less than sixty days if the state 103 3 may obtain a financial benefit or incentive which would not 103 4 otherwise be available from the vendor. The department, in 103 5 consultation with other affected departments, shall develop 103 6 policies to promote consistency and fiscal responsibility 103 7 relating to payment terms authorized under this subsection. 103 8 The director shall adopt rules under chapter 17A relating to 103 9 the administration of this subsection. 103 10 Sec. 96. NEW SECTION. 8A.515 WARRANTS – FORM. 103 11 A warrant shall bear on its face the signature of the 103 12 director or its facsimile, or the signature of an assistant or 103 13 its facsimile in case of a vacancy in the office of the 103 14 director; a proper number, date, amount, and name of payee; a 103 15 reference to the law under which it is drawn; whether for 103 16 salaries or wages, services, or supplies, and what kind of 103 17 supplies; and from what office or department, or for what 103 18 other general or special purposes; or in lieu thereof, a 103 19 coding system may be used, which particulars shall be entered 103 20 in a warrant register kept for that purpose in the order of 103 21 issuance; and as soon as practicable after issuing a warrant 103 22 register, the director shall certify a duplicate of it to the 103 23 treasurer of state. 103 24 Sec. 97. NEW SECTION. 8A.516 REQUIRED PAYEE. 103 25 All warrants shall be drawn to the order of the person 103 26 entitled to payment or compensation, except that when goods or 103 27 materials are purchased in foreign countries, warrants may be 103 28 drawn upon the treasurer of state, payable to bearer for the 103 29 net amount of invoice and current exchange, and the treasurer 103 30 of state shall furnish a foreign draft payable to the order of 103 31 the person from whom purchase is made. 103 32 Sec. 98. NEW SECTION. 8A.517 PROHIBITED PAYEE. 103 33 In no case shall warrants be drawn in the name of the 103 34 certifying office, department, board, or institution, or in 103 35 the name of an employee, except for personal service rendered 104 1 or expense incurred by the employee, unless express statutory 104 2 authority exists therefor. 104 3 Sec. 99. NEW SECTION. 8A.518 CLAIMS EXCEEDING 104 4 APPROPRIATIONS. 104 5 A claim shall not be allowed when the claim will exceed the 104 6 amount specifically appropriated for the claim. 104 7 Sec. 100. NEW SECTION. 8A.519 CANCELLATION OF STATE 104 8 WARRANTS. 104 9 On the last business day of each month, the director shall 104 10 cancel and request the treasurer of state to stop payment on 104 11 all state warrants which have been outstanding and unredeemed 104 12 by the treasurer of state for six months or longer. 104 13 DIVISION II 104 14 CONFORMING AND MISCELLANEOUS CHANGES 104 15 Sec. 101. Section 2.9, Code 2003, is amended to read as 104 16 follows: 104 17 2.9 JOURNALS – BILLS AND AMENDMENTS. 104 18 1. a. The senate and house of representatives shall each 104 19 publish a daily journal of the transactions of their 104 20 respective bodies. The secretary of the senate and the chief 104 21 clerk of the house shall each determine the format and manner 104 22 of the journal's publication, the procurement procedures for 104 23 the journal's publication, and the journal's distribution for 104 24 their respective bodies. 104 25 b. The secretary of the senate and the clerk of the house 104 26 of representatives shall each preserve copies of the printed 104 27 daily journals of their respective bodies, as corrected, 104 28 certify to their correctness, and file them with the secretary 104 29 of state at the adjournment of each session of the general 104 30 assembly. The secretary of state shallcause the journals to104 31be bound and preserved aspreserve the original journals of 104 32 the senate and the house in the manner specified by the 104 33 majority leader of the senate and speaker of the house. 104 34 2. a. The senate and house of representatives shall each 104 35 publish bills and amendments of their respective bodies. The 105 1 secretary of the senate and the chief clerk of the house shall 105 2 each determine the procurement procedures for the publication 105 3 of the bills and amendments and the distribution of the bills 105 4 and amendments for their respective bodies. 105 5 b. A bill that seeks to legalize the acts of any official 105 6 or board or other official body, in regard to any matter of 105 7 public nature or for any person or persons, company, or 105 8 corporation, shall not be considered by the senate or house of 105 9 representatives until the bill is published and distributed to 105 10 members of the general assembly, and the publication shall be 105 11 without expense to the state. The senate and house shall not 105 12 order any such bill published until the secretary of the 105 13 senate or chief clerk of the house has received a deposit to 105 14 cover the cost of the publication. The newspaper publication 105 15 of such bill shall be without expense to the state, and the 105 16 bill shall not be published in a newspaper until the costs of 105 17 the newspaper publication has been paid to the secretary of 105 18 state. 105 19 Sec. 102. Section 2.10, subsection 1, Code 2003, is 105 20 amended to read as follows: 105 21 1. Every member of the general assembly except the 105 22 presiding officer of the senate, the speaker of the house, the 105 23 majority and minority floor leader of each house, and the 105 24 president pro tempore of the senate and speaker pro tempore of 105 25 the house, shall receive an annual salary of twenty thousand 105 26 one hundred twenty dollars for the year 1997 and subsequent 105 27 years while serving as a member of the general assembly. In 105 28 addition, each such member shall receive the sum of eighty-six 105 29 dollars per day for expenses of office, except travel, for 105 30 each day the general assembly is in session commencing with 105 31 the first day of a legislative session and ending with the day 105 32 of final adjournment of each legislative session as indicated 105 33 by the journals of the house and senate, except that if the 105 34 length of the first regular session of the general assembly 105 35 exceeds one hundred ten calendar days and the second regular 106 1 session exceeds one hundred calendar days, the payments shall 106 2 be made only for one hundred ten calendar days for the first 106 3 session and one hundred calendar days for the second session. 106 4 Members from Polk county shall receive sixty-five dollars per 106 5 day. Each member shall receive a two hundred dollar per month 106 6 allowance for legislative district constituency postage, 106 7 travel, telephone costs, and other expenses. Travel expenses 106 8 shall be paidat the rate established by section 18.117for 106 9 actual travel in going to and returning from the seat of 106 10 government by the nearest traveled route for not more than one 106 11 time per week during a legislative session. 106 12 Sec. 103. Section 2.42, subsection 12, Code 2003, is 106 13 amended to read as follows: 106 14 12. To establish policies for the distribution of 106 15 information which is stored by the general assembly in an 106 16 electronic format, including the contents of statutes or 106 17 rules, other than value-added electronic publications as 106 18 provided in section7A.227A.15A. The legislative council 106 19 shall establish payment rates that encourage the distribution 106 20 of such information to the public, including private vendors 106 21 reselling that information. The legislative council shall not 106 22 establish a price that attempts to recover more than is 106 23 attributable to costs related to reproducing and delivering 106 24 the information. 106 25 Sec. 104. Section 2.47A, subsection 1, paragraph c, Code 106 26 2003, is amended to read as follows: 106 27 c. Receive annual status reports for all ongoing capital 106 28 projects of state agencies, pursuant to section18.128A.321, 106 29 subsection1410. 106 30 Sec. 105. Section 2B.5, subsection 2, Code 2003, is 106 31 amended to read as follows: 106 32 2. Cause the Iowa court rules to be published, as directed 106 33 by the supreme court after consultation with the legislative 106 34 council. The Iowa court rules shall consist of all rules 106 35 prescribed by the supreme court. The court rules shall be 107 1 published in loose-leaf form and supplements shall be prepared 107 2 and distributed as directed by the supreme court. The Iowa 107 3 court rules and supplements to the court rules shall be priced 107 4 as provided in section7A.227A.15A. 107 5 Sec. 106. Section 7A.1, unnumbered paragraph 4, Code 2003, 107 6 is amended to read as follows: 107 7 This section shall not be construed as depriving thestate107 8printing administratordirector of the department of 107 9 administrative services of the right to edit and revise said 107 10 report. 107 11 Sec. 107. Section 7A.2, unnumbered paragraph 2, Code 2003, 107 12 is amended to read as follows: 107 13 Reports after being filed with the governor and considered 107 14 by the governor shall be delivered to thestate printing107 15administratordirector of the department of administrative 107 16 services. 107 17 Sec. 108. Section 7A.3, subsection 1, Code 2003, is 107 18 amended to read as follows: 107 19 1. Director ofrevenue and financethe department of 107 20 administrative services on fiscal condition of state. 107 21 Sec. 109. Section 7A.3, subsection 6, Code 2003, is 107 22 amended by striking the subsection. 107 23 Sec. 110. Section 7A.3, subsection 10, Code 2003, is 107 24 amended to read as follows: 107 25 10. Department ofgeneraladministrative services. 107 26 Sec. 111. Section 7A.14, unnumbered paragraph 1, Code 107 27 2003, is amended to read as follows: 107 28 The annual and biennial reports shall be published, 107 29 printed, and bound in such number as thestate printing107 30administratordirector of the department of administrative 107 31 services may order. The officials and heads of departments 107 32 shall furnish theadministratordirector with information 107 33 necessary to determine the number of copies to be printed. 107 34 Sec. 112. NEW SECTION. 7A.15A OFFICIAL LEGAL AND OTHER 107 35 PUBLICATIONS – PROCUREMENTS. 108 1 1. The legislative service bureau shall publish the 108 2 official legal publications of the state as provided in 108 3 chapter 2B. The legislative service bureau shall have legal 108 4 custody of the publications and shall provide for the 108 5 warehousing, sale, and distribution of the publications. The 108 6 legislative service bureau shall retain or cause to be 108 7 retained a number of old editions of the publications but may 108 8 otherwise distribute or cause to be distributed old editions 108 9 of the publications to any person upon payment by the person 108 10 of any distribution costs. 108 11 2. The printed versions of the publications listed in this 108 12 subsection shall be sold at a price to be established by the 108 13 legislative service bureau. In determining the prices, the 108 14 legislative service bureau shall consider the costs of 108 15 printing, binding, distribution, and paper stock, compilation 108 16 and editing labor costs, and any other associated costs. The 108 17 legislative service bureau shall also consider the number of 108 18 volumes or units to be printed, sold, and distributed in the 108 19 determination of the prices. 108 20 a. The Iowa Code. 108 21 b. The Iowa Code Supplement. 108 22 c. The Iowa Acts. 108 23 d. The Iowa court rules. 108 24 e. The Iowa administrative code. 108 25 f. The Iowa administrative bulletin. 108 26 3. The legislative service bureau may establish policies 108 27 for the production, editing, distribution, and pricing of 108 28 electronic publications containing information stored by the 108 29 legislative branch in an electronic format, including 108 30 information contained in the printed publications listed in 108 31 this section. Such electronic publications may include 108 32 programming not originally part of the stored information, 108 33 including but not limited to search and retrieval functions. 108 34 The policies shall provide for the widest possible 108 35 distribution of these value-added electronic publications at 109 1 the lowest price practicable, which shall not be more than the 109 2 costs attributable to producing, editing, and distributing the 109 3 electronic publications. 109 4 4. Subject to section 2.42, the legislative service bureau 109 5 shall determine its procurement procedures, which may include 109 6 procurement determinations based on service provider 109 7 competence, meeting of service or product specifications, and 109 8 reasonableness of price; the posting of security to accompany 109 9 a service provider proposal; the preference of Iowa-based 109 10 businesses if comparable in price; the disclosure of service 109 11 provider assignments; the inclusion of renewal options; the 109 12 imposition of liquidated damages and other penalties for 109 13 breach of any service provider requirement; and the rejection 109 14 of all service provider proposals and institution of a new 109 15 procurement process. 109 16 Sec. 113. NEW SECTION. 7A.16A SPECIAL DISTRIBUTION OF 109 17 LEGAL PUBLICATIONS – RESTRICTIONS ON FREE DISTRIBUTIONS. 109 18 1. The legislative service bureau shall make free 109 19 distribution of the printed versions of the official legal 109 20 publications listed in section 7A.15A, subsection 2, subject 109 21 to payment of any routine distribution costs such as but not 109 22 limited to mailing and handling costs, to the three branches 109 23 of state government, to elected county officers, to county and 109 24 city assessors, to Iowa's congressional delegation, to federal 109 25 courts in Iowa and federal judges and magistrates for Iowa, 109 26 and to state and university depository libraries, the library 109 27 of congress, and the library of the United States supreme 109 28 court. Only such officers, offices, and agencies entitled to 109 29 or receiving free copies during the fiscal year beginning July 109 30 1, 2002, and ending June 30, 2003, shall be entitled to 109 31 continue to receive free copies in subsequent years, except 109 32 that successor and new officers, offices, and agencies shall 109 33 receive a reasonable number of free copies as determined by 109 34 the legislative service bureau. Such officers, offices, and 109 35 agencies shall annually review the number received in the 110 1 prior year to determine if the number of copies received can 110 2 be reduced and shall submit the information in a report to the 110 3 legislative service bureau. The number of copies received, 110 4 once reduced, shall not be increased to the previous level 110 5 without the express consent of the legislative service bureau. 110 6 2. Each officer, office, or agency receiving one or more 110 7 free copies of a publication under this section shall only 110 8 receive up to the number of copies indicated free at the time 110 9 of initial distribution. If an officer, office, or agency 110 10 receiving one or more free copies of a publication under this 110 11 section desires additional copies beyond the number initially 110 12 received, the officer, office, or agency must request the 110 13 additional copies and pay the normal charge for such 110 14 publication. 110 15 3. If a version of a publication provided under this 110 16 section is available in an electronic format, the legislative 110 17 service bureau may establish policies providing for the 110 18 substitution of an electronic version for the printed version 110 19 of the publication, and for the amount of payment, if any, 110 20 required for the electronic publication. The payment amount 110 21 shall not be more than established pursuant to section 7A.15A 110 22 for the same publication. For the Iowa administrative code 110 23 and its supplements, the legislative service bureau may 110 24 provide that the distribution requirement of this section is 110 25 met by distributing relevant portions of the Iowa 110 26 administrative code or its supplements in either a printed or 110 27 electronic format. 110 28 4. Notwithstanding any provision of this section to the 110 29 contrary, the legislative service bureau may review the 110 30 publication costs and offsetting sales revenues relating to 110 31 legal publications in printed formats, and may establish 110 32 policies requiring payment from persons otherwise entitled to 110 33 receive them at no cost or at a price covering distribution 110 34 costs pursuant to subsection 1. The payment amount shall not 110 35 be more than established pursuant to section 7A.15A for the 111 1 same publication. 111 2 Sec. 114. Section 7A.23, Code 2003, is amended to read as 111 3 follows: 111 4 7A.23 PRICE OF DEPARTMENTAL REPORTS. 111 5 Thestate printing administratordirector of the department 111 6 of administrative services shall establish and fix a selling 111 7 price for all state departmental reports and any other state 111 8 publications theadministratordirector may designate, which 111 9 price per volume shall be the amount charged any person, other 111 10 than public officials, who purchases the publication. The 111 11 price shall cover the cost of printing and distribution. The 111 12administratordirector may distribute gratis to state or local 111 13 public officials or offices, as theadministratordirector 111 14 deems necessary, copies of departmental annual reports. 111 15 Sec. 115. Section 7A.27, Code 2003, is amended to read as 111 16 follows: 111 17 7A.27 OTHER NECESSARY PUBLICATIONS – WHEN NECESSARY TO 111 18 SELL. 111 19There may be published otherOther miscellaneous documents, 111 20 reports, bulletins, books, and booklets may be published that 111 21 are needed for the use of the various officials and 111 22 departments of state, or are of value for the information of 111 23 the general assembly or the public, in form and number most 111 24 useful and convenient, to be determined by thestate printing111 25administratordirector of the department of administrative 111 26 services. 111 27 When such publications, except supplements to the Iowa 111 28 administrative code, paid for by public funds furnished by the 111 29 state, contain reprints of statutes or rules, or both, they 111 30 shall be sold and distributed at cost by the department 111 31 orderingsamethe publication if the cost per publication is 111 32 one dollar or more, unless a central library or depository is 111 33 established. Such publications shall be obtained from the 111 34state printing administratordirector of the department of 111 35 administrative services on requisition by the department 112 1 ordering the publication and the selling price, if any, shall 112 2 be determined by theadministratordirector of the department 112 3 of administrative services by dividing the total cost of 112 4 printing, paper, distribution, and binding by the number 112 5 printed.SaidThe price shall be set at the nearest multiple 112 6 of ten to the quotient thus obtained. Distribution of such 112 7 publications shall be made by theadministratordirector 112 8 gratis to public officers, purchasers of licenses from state 112 9 departments required by statute and departments. Funds from 112 10 the sale of such publications shall be deposited monthly in 112 11 the general fund of the state except the cost of distribution 112 12 shall be deposited in thepermanentprinting revolving fund 112 13 established in section18.578A.345. 112 14 Sec. 116. Section 7A.28, Code 2003, is amended to read as 112 15 follows: 112 16 7A.28 GOVERNOR MAY FIX FILING DATE. 112 17 The governor shall have the right to fix a date for the 112 18 completion of or filing of any copy or manuscript for any 112 19 miscellaneous document or other publication, or for any 112 20 portion of the manuscript, and to compel compliance with such 112 21 orders the same as in the case of the official reports. The 112 22state printing administratordirector of the department of 112 23 administrative services shall report to the governor any 112 24 failure to furnish manuscript or other delay affecting any 112 25 publication. 112 26 Sec. 117. Section 7A.29, Code 2003, is amended to read as 112 27 follows: 112 28 7A.29 TITLE PAGES – COMPLIMENTARY INSERTIONS. 112 29 Thestate printing administratordirector of the department 112 30 of administrative services shall provide the necessary 112 31 printer's copy for a suitable title page for each publication 112 32 requiring such title which shall contain the name of the 112 33 author, butnosuch title shall not have written or printed 112 34 thereon or attached thereto the words "Compliments of" 112 35 followed by the name of the author, nor any other words of 113 1 similar import. 113 2 Sec. 118. Section 7E.5, subsection 1, paragraph b, Code 113 3 2003, is amended to read as follows: 113 4 b. The department ofpersonneladministrative services, 113 5 created in section19A.18A.102, which has primary 113 6 responsibility forpersonnelthe management and coordination 113 7 of the major resources of state government. 113 8 Sec. 119. Section 7E.5, subsection 1, paragraph c, Code 113 9 2003, is amended by striking the paragraph. 113 10 Sec. 120. Section 7E.5, subsection 1, paragraph d, Code 113 11 2003, is amended to read as follows: 113 12 d. The department of revenueand finance, created in 113 13 section 421.2, which has primary responsibility for revenue 113 14 collection and revenue law compliance,financial management113 15and assistance,and the Iowa lottery. 113 16 Sec. 121. Section 7E.5, subsection 1, paragraph x, Code 113 17 2003, is amended by striking the paragraph. 113 18 Sec. 122. Section 7F.1, subsection 3, Code 2003, is 113 19 amended to read as follows: 113 20 3. OFFICE ESTABLISHED. A state-federal relations office 113 21 is established as an independent agency. The office shall be 113 22 located in Washington D.C. and shall be administered by the 113 23 director of the office who is appointed by the governor, 113 24 subject to confirmation by the senate, and who serves at the 113 25 pleasure of the governor. The office and its personnel are 113 26 exempt from the merit system provisions of chapter19A8A, 113 27 article 4. 113 28 Sec. 123. Section 8.31, unnumbered paragraph 6, Code 2003, 113 29 is amended to read as follows: 113 30 The procedure to be employed in controlling the 113 31 expenditures and receipts of the state fair board and the 113 32 institutions under the state board of regents, whose 113 33 collections are not deposited in the state treasury, is that 113 34 outlined in section421.318A.502, subsection69. 113 35 Sec. 124. Section 8.47, subsection 1, unnumbered paragraph 114 1 1, Code 2003, is amended to read as follows: 114 2 The department ofgeneraladministrative services, in 114 3 cooperation with the office of attorney general,and the 114 4 department of management,the department of personnel, and the114 5department of revenue and finance,shall adopt uniform terms 114 6 and conditions for service contracts executed by a department 114 7 or establishment benefiting from service contracts. The terms 114 8 and conditions shall include but are not limited to all of the 114 9 following: 114 10 Sec. 125. Section 8.47, subsection 2, Code 2003, is 114 11 amended to read as follows: 114 12 2. Departments or establishments, with the approval of the 114 13 department of management acting in cooperation with the office 114 14 of attorney general, the department of general services, the114 15department of personnel,and the department ofrevenue and114 16financeadministrative services, may adopt special terms and 114 17 conditions for use by the departments or establishments in 114 18 their service contracts. 114 19 Sec. 126. Section 8.63, Code 2003, is amended to read as 114 20 follows: 114 21 8.63 INNOVATIONS FUND. 114 22 1. An innovations fund is created in the state treasury 114 23 under the control of the department of management for the 114 24 purpose of stimulating and encouraging innovation and 114 25 entrepreneurship in state government by the awarding of 114 26 repayable loans to state agencies. 114 27 2. The director of the department of management shall 114 28 establish an eight-member committee to be called the state 114 29 innovations fund committee. The committee shall review all 114 30 requests for funds and approve loans of funds if the committee 114 31 determines that the loan meets the requirements for a project 114 32 loan or an enterprise loan as provided in this section. 114 33 3. A project loan can be funded if the committee 114 34 determines that an agency request would result in cost savings 114 35 or added revenue to the general fund of the state. Eligible 115 1 projects are projects which cannot be funded from an agency's 115 2 operating budget without adversely affecting the agency's 115 3 normal service levels. Projects may include, but are not 115 4 limited to, purchase of advanced technology, contracting for 115 5 expert services, and acquisition of equipment or supplies. 115 6 4. An enterprise loan can be funded if the committee 115 7 determines that the agency or business unit has a viable 115 8 business plan and the capability to use the loan to provide 115 9 internal services to government. The enterprise is expected 115 10 to receive payment for services from its customers and use 115 11 those payments to cover its expenses, including repayment of 115 12 the loan. 115 133.5. A state agency seeking a loan from the innovations 115 14 fund shall complete an application form designed by the state 115 15 innovations fund committee which employs, for projects, a 115 16 return on investment concept and demonstrates how state 115 17 general fund expenditures will be reduced or how state general 115 18 fund revenues will increase, or, for enterprises, a business 115 19 plan that shows how the enterprise will meet customer needs, 115 20 provide value to customers, and demonstrate financial 115 21 viability. Minimum loan requirements for state agency 115 22 requests shall be determined by the committee. As an 115 23 incentive to increase state general fund revenues, an agency 115 24 may retain up to fifty percent of savings realized in 115 25 connection with a project loan from the innovations fund. The 115 26 amount retained shall be determined by the innovations fund 115 27 committee. 115 284.6. a. In order for the innovations fund to be self- 115 29 supporting, the innovations fund committee shall establish 115 30 repayment schedules for eachinnovationinnovations fund loan 115 31 awarded. Agencies shall repay the funds over a period not to 115 32 exceed five years with interest, at a rate to be determined by 115 33 the innovations fund committee. 115 34 b. If the department of management and the department of 115 35revenue and financeadministrative services certify that the 116 1 savings from a proposed innovations fund project will result 116 2 in a net increase in the balance of the general fund of the 116 3 state without a corresponding cost savings to the requesting 116 4 agency, and if the requesting agency meets all other 116 5 eligibility requirements, the innovations fund committee may 116 6 approve the loan for the project and not require repayment by 116 7 the requesting agency. There is appropriated from the general 116 8 fund of the state to the department ofrevenue and finance116 9 administrative services an amount sufficient to repay the loan 116 10 amount. 116 115.7. Notwithstanding section 12C.7, subsection 2, 116 12 interest or earnings on moneys deposited in the innovations 116 13 fund shall be credited to the innovations fund. 116 14 Notwithstanding section 8.33, moneys remaining in the 116 15 innovations fund at the end of a fiscal year shall not revert 116 16 to the general fund of the state. 116 17 Sec. 127. Section 8D.4, Code 2003, is amended to read as 116 18 follows: 116 19 8D.4 EXECUTIVE DIRECTOR APPOINTED. 116 20 The commission, in consultation with the director of the 116 21 department of administrative services shall appoint an 116 22 executive director of the commission, subject to confirmation 116 23 by the senate. Such individual shall not serve as a member of 116 24 the commission. The executive director shall serve at the 116 25 pleasure of the commission. The executive director shall be 116 26 selected primarily for administrative ability and knowledge in 116 27 the field, without regard to political affiliation. The 116 28 governor shall establish the salary of the executive director 116 29 within range nine as established by the general assembly. The 116 30 salary and support of the executive director shall be paid 116 31 from funds deposited in the Iowa communications network fund. 116 32 Sec. 128. Section 9.3, Code 2003, is amended to read as 116 33 follows: 116 34 9.3 COMMISSIONS. 116 35 All commissions issued by the governor shall be 117 1 countersigned by the secretary, who shall register each 117 2 commission in a book to be kept for that purpose, specifying 117 3 the office, name of officer, date of commission, and tenure of 117 4 office, and forthwith forward to the directors of the 117 5 departments of management and ofrevenue and finance117 6 administrative services copies of the registration. 117 7 Sec. 129. Section 9F.4, Code 2003, is amended to read as 117 8 follows: 117 9 9F.4 PUBLICATION IN OFFICIAL REGISTER. 117 10 Thestate printing administratordirector of the department 117 11 of administrative services shall publish said federal census 117 12 report and certificate aforesaid in full in each copy of the 117 13 Iowa official register. 117 14 Sec. 130. Section 10A.104, subsection 2, Code 2003, is 117 15 amended to read as follows: 117 16 2. Appoint the administrators of the divisions within the 117 17 department and all other personnel deemed necessary for the 117 18 administration of this chapter, except the state public 117 19 defender, assistant state public defenders, administrator of 117 20 the racing and gaming commission, members of the employment 117 21 appeal board, and administrator of the child advocacy board 117 22 created in section 237.16. All persons appointed and employed 117 23 in the department are covered by the provisions of chapter19A117 24 8A, article 4, but persons not appointed by the director are 117 25 exempt from the merit system provisions of chapter19A8A, 117 26 article 4. 117 27 Sec. 131. Section 10A.601, subsections 1 and 7, Code 2003, 117 28 are amended to read as follows: 117 29 1. A full-time employment appeal board is created within 117 30 the department of inspections and appeals to hear and decide 117 31 contested cases under chapter 8A, article 4, and chapters19A,117 32 80, 88, 89A, 91C, 96, and 97B. 117 33 7. An application for rehearing before the appeal board 117 34 shall be filed pursuant to section 17A.16, unless otherwise 117 35 provided in chapter19A,8A, article 4, or chapter 80, 88, 118 1 89A, 91C, 96, or 97B. A petition for judicial review of a 118 2 decision of the appeal board shall be filed pursuant to 118 3 section 17A.19. The appeal board may be represented in any 118 4 such judicial review by an attorney who is a regular salaried 118 5 employee of the appeal board or who has been designated by the 118 6 appeal board for that purpose, or at the appeal board's 118 7 request, by the attorney general. Notwithstanding the 118 8 petitioner's residency requirement in section 17A.19, 118 9 subsection 2, a petition for judicial review may be filed in 118 10 the district court of the county in which the petitioner was 118 11 last employed or resides, provided that if the petitioner does 118 12 not reside in this state, the action shall be brought in the 118 13 district court of Polk county, Iowa, and any other party to 118 14 the proceeding before the appeal board shall be named in the 118 15 petition. Notwithstanding the thirty-day requirement in 118 16 section 17A.19, subsection 6, the appeal board shall, within 118 17 sixty days after filing of the petition for judicial review or 118 18 within a longer period of time allowed by the court, transmit 118 19 to the reviewing court the original or a certified copy of the 118 20 entire records of a contested case. The appeal board may also 118 21 certify to the court, questions of law involved in any 118 22 decision by the appeal board. Petitions for judicial review 118 23 and the questions so certified shall be given precedence over 118 24 all other civil cases except cases arising under the workers' 118 25 compensation law of this state. No bond shall be required for 118 26 entering an appeal from any final order, judgment, or decree 118 27 of the district court to the supreme court. 118 28 Sec. 132. Section 10A.801, subsection 3, paragraph a, Code 118 29 2003, is amended to read as follows: 118 30 3. a. The department shall employ a sufficient number of 118 31 administrative law judges to conduct proceedings for which 118 32 agencies are required, by section 17A.11 or any other 118 33 provision of law, to use an administrative law judge employed 118 34 by the division. An administrative law judge employed by the 118 35 division shall not perform duties inconsistent with the 119 1 judge's duties and responsibilities as an administrative law 119 2 judge and shall be located in an office that is separated from 119 3 the offices of the agencies for which that person acts as a 119 4 presiding officer. Administrative law judges shall be covered 119 5 by the merit system provisions of chapter19A8A, article 4. 119 6 Sec. 133. Section 11.2, subsection 1, unnumbered paragraph 119 7 3, Code 2003, is amended to read as follows: 119 8 Provided further, that a preliminary audit of the 119 9 educational institutions and the state fair board shall be 119 10 made periodically, at least quarterly, to check the monthly 119 11 reports submitted to the director ofrevenue and financethe 119 12 department of administrative services as required by section 119 13421.318A.502, subsection49, and that a final audit of such 119 14 state agencies shall be made at the close of each fiscal year. 119 15 Sec. 134. Section 12E.8, subsection 2, Code 2003, is 119 16 amended to read as follows: 119 17 2. The authority is exempt from the requirements of 119 18 chapter188A, article 3. 119 19 Sec. 135. Section 13.13, subsection 2, Code 2003, is 119 20 amended to read as follows: 119 21 2. The farm assistance program coordinator shall contract 119 22 with a nonprofit organization chartered in this state to 119 23 provide mediation services as provided in chapters 654A, 654B, 119 24 and 654C. The contract may be terminated by the coordinator 119 25 upon written notice and for good cause. The organization 119 26 awarded the contract is designated as the farm mediation 119 27 service for the duration of the contract. The organization 119 28 may, upon approval by the coordinator, provide mediation 119 29 services other than as provided by law. The farm mediation 119 30 service is not a state agency for the purposes of chapter 8A, 119 31 article 4, and chapters19A,20,and 669. 119 32 Sec. 136. Section 13.22, subsection 6, Code 2003, is 119 33 amended to read as follows: 119 34 6. Cooperate to the fullest extent feasible with the 119 35 existing informational and referral networks among farmers, 120 1 farmer advocates, and others concerned with the economic 120 2 crisis in agricultural areas. The legal services provider is 120 3 not a state agency for the purposes of chapter 8A, article 4, 120 4 and chapters19A,20,and 669. 120 5 Sec. 137. Section 13.34, subsection 4, Code 2003, is 120 6 amended to read as follows: 120 7 4. The contracting nonprofit organization is not a state 120 8 agency for the purposes of chapter 8A, article 4, and chapters 120 919A,20,and 669. 120 10 Sec. 138. Section 13B.5, Code 2003, is amended to read as 120 11 follows: 120 12 13B.5 STAFF. 120 13 The state public defender may appoint assistant state 120 14 public defenders who, subject to the direction of the state 120 15 public defender, shall have the same duties as the state 120 16 public defender and shall not engage in the private practice 120 17 of law. The salaries of the staff shall be fixed by the state 120 18 public defender. The state public defender and the state 120 19 public defender's staff shall receive actual and necessary 120 20 expenses, including travel at the state rate set forth in 120 21 section18.1178A.363. 120 22 Sec. 139. Section 15.106, subsection 2, Code 2003, is 120 23 amended to read as follows: 120 24 2. Employ personnel as necessary to carry out the duties 120 25 and responsibilities of the department, consistent with the 120 26 merit system provisions of chapter19A8A, article 4, for 120 27 nonprofessional employees. Professional staff of the 120 28 department are exempt from the merit system provisions of 120 29 chapter19A8A, article 4. 120 30 Sec. 140. Section 15.108, subsection 9, paragraph c, Code 120 31 2003, is amended to read as follows: 120 32 c. Except as otherwise provided in sections7D.338A.114, 120 33 260C.14, and 262.9, provide that an inventor whose research is 120 34 funded in whole or in part by the state shall assign to the 120 35 state a proportionate part of the inventor's rights to a 121 1 letter patent resulting from that research. Royalties or 121 2 earnings derived from a letter patent shall be paid to the 121 3 treasurer of state and credited by the treasurer to the 121 4 general fund of the state. However, the department in 121 5 conjunction with other state agencies, including the board of 121 6 regents, shall provide incentives to inventors whose research 121 7 is funded in whole or in part by the state for having their 121 8 products produced in the state. These incentives may include 121 9 taking a smaller portion of the inventor's royalties or 121 10 earnings than would otherwise occur under this paragraph or 121 11 other provisions of the law. 121 12 Sec. 141. Section 16.2, subsection 1, unnumbered paragraph 121 13 2, Code 2003, is amended to read as follows: 121 14 A title guaranty division is created within the authority. 121 15 The powers of the division relating to the issuance of title 121 16 guaranties are vested in and shall be exercised by a division 121 17 board of five members appointed by the governor subject to 121 18 confirmation by the senate. The membership of the board shall 121 19 include an attorney, an abstractor, a real estate broker, a 121 20 representative of a mortgage-lender, and a representative of 121 21 the housing development industry. The executive director of 121 22 the authority shall appoint an attorney as director of the 121 23 title guaranty division who shall serve as an ex officio 121 24 member of the board. The appointment of and compensation for 121 25 the division director are exempt from the merit system 121 26 provisions of chapter19A8A, article 4. 121 27 Sec. 142. Section 16A.5, subsection 2, Code 2003, is 121 28 amended to read as follows: 121 29 2. The executive director is a nonvoting ex officio member 121 30 of the board, and shall advise the authority on matters 121 31 relating to finance, carry out all directives from the 121 32 authority, and hire and supervise the authority's staff 121 33 pursuant to its directions and under the merit system 121 34 provisions of chapter19A8A, article 4, except that principal 121 35 administrative assistants with responsibilities in operating 122 1 loan programs, accounting, and processing of applications for 122 2 interest reduction are exempt from the merit system. 122 3 Sec. 143. Section 17A.6, subsection 5, Code 2003, is 122 4 amended to read as follows: 122 5 5. The Iowa administrative code, its supplements, and the 122 6 Iowa administrative bulletin shall be made available upon 122 7 request to all persons who subscribe to any of themthrough122 8the state printing division.Copies of this code so made122 9available shall be kept current by the division.122 10 Sec. 144. Section 19B.5, subsection 2, Code 2003, is 122 11 amended to read as follows: 122 12 2. The department ofpersonneladministrative services 122 13 shall submit a report on the condition of affirmative action, 122 14 diversity, and multicultural programs in state agencies 122 15 covered by subsection 1 by September 30 of each year to the 122 16 governor and the general assembly.The report shall include122 17information identifying funding sources and itemized costs,122 18including administrative costs, for these programs.122 19 Sec. 145. Section 19B.12, subsection 4, Code 2003, is 122 20 amended to read as follows: 122 21 4. The department ofpersonneladministrative services for 122 22 all state agencies, and the state board of regents for its 122 23 institutions, shall adopt rules and appropriate internal, 122 24 confidential grievance procedures to implement this section, 122 25 and shall adopt procedures for determining violations of this 122 26 section and for ordering appropriate dispositions that may 122 27 include, but are not limited to, discharge, suspension, or 122 28 reduction in rank or grade as defined in section19A.98A.413, 122 29 subsection 16. 122 30 Sec. 146. Section 20.5, subsection 4, Code 2003, is 122 31 amended to read as follows: 122 32 4. The board may employ such persons as are necessary for 122 33 the performance of its functions. Personnel of the board 122 34 shall be employed pursuant to the provisions of chapter19A122 35 8A, article 4. 123 1 Sec. 147. Section 20.18, unnumbered paragraph 2, Code 123 2 2003, is amended to read as follows: 123 3 Public employees of the state or public employees covered 123 4 by civil service shall follow either the grievance procedures 123 5 provided in a collective bargaining agreement, or in the event 123 6 that grievance procedures are not provided, shall follow 123 7 grievance procedures established pursuant to chapter19A8A, 123 8 article 4, or chapter 400, as applicable. 123 9 Sec. 148. Section 22.3A, subsection 2, paragraph a, Code 123 10 2003, is amended to read as follows: 123 11 a. The amount charged for access to a public record shall 123 12 be not more than that required to recover direct publication 123 13 costs, including but not limited to editing, compilation, and 123 14 media production costs, incurred by the government body in 123 15 developing the data processing software, and preparing the 123 16 data processing software for transfer to the person. The 123 17 amount shall be in addition to any other fee required to be 123 18 paid under this chapter for the examination and copying of a 123 19 public record. If a person accesses a public record stored in 123 20 an electronic format that does not require formatting, 123 21 editing, or compiling to access the public record, the charge 123 22 for providing the accessed public record shall not exceed the 123 23 reasonable cost of accessing that public record. The 123 24 government body shall, if requested, provide documentation 123 25 which explains and justifies the amount charged. This 123 26 paragraph shall not apply to any publication for which a price 123 27 has been established pursuant to another section, including 123 28 section7A.227A.15A. 123 29 Sec. 149. Section 22.7, subsection 11, Code 2003, is 123 30 amended to read as follows: 123 31 11. Personal information in confidential personnel records 123 32 of public bodies including but not limited to cities, boards 123 33 of supervisors and school districts. For purposes of this 123 34 subsection, "personal information" includes, but is not 123 35 limited to, information in the personnel files of an employee 124 1 concerning investigations incident to the employee's 124 2 employment, information relating to disciplinary actions, and 124 3 complaints, grievances, and appeals. 124 4 Sec. 150. Section 23A.2, subsection 10, paragraph o, Code 124 5 2003, is amended to read as follows: 124 6 o. The performance of an activity authorized pursuant to 124 7 section14B.1028A.202, subsection 2, paragraph"l""k". 124 8 Sec. 151. Section 29A.13, Code 2003, is amended to read as 124 9 follows: 124 10 29A.13 APPROPRIATED FUNDS. 124 11 Operating expenses for the national guard including the 124 12 purchase of land, maintenance of facilities, improvement of 124 13 state military reservations, installations, and weapons firing 124 14 ranges owned or leased by the state of Iowa or the United 124 15 States shall be paid from funds appropriated for the support 124 16 and maintenance of the national guard. Claims for payment of 124 17 such expenses shall be subject to the approval of the adjutant 124 18 general. Upon approval of the adjutant general the claim 124 19 shall be submitted to the director ofrevenue and finance in124 20accordance with the procedures established by the director of124 21revenue and finance under chapter 421the department of 124 22 administrative services. 124 23 Payment for personnel compensation and authorized benefits 124 24 shall be approved by the adjutant general prior to submission 124 25 to the director ofrevenue and financethe department of 124 26 administrative services for payment. 124 27 Sec. 152. Section 35A.8, subsection 3, Code 2003, is 124 28 amended to read as follows: 124 29 3. Except for the employment duties and responsibilities 124 30 assigned to the commandant for the Iowa veterans home, the 124 31 executive director shall employ such personnel as are 124 32 necessary for the performance of the duties and 124 33 responsibilities assigned to the commission. All employees 124 34 shall be selected on a basis of fitness for the work to be 124 35 performed with due regard to training and experience and shall 125 1 be subject to the provisions of chapter19A8A, article 4. 125 2 Sec. 153. Section 35A.10, Code 2003, is amended to read as 125 3 follows: 125 4 35A.10 MULTIYEAR CONSTRUCTION PROGRAM – CONSTRUCTION, 125 5 REPAIR, AND IMPROVEMENT PROJECTS. 125 6 1. The commission shall work with the department of 125 7generaladministrative services to prepare and submit to the 125 8 director of the department of management, as provided in 125 9 section 8.23, a multiyear construction program including 125 10 estimates of the expenditure requirements for the 125 11 construction, repair, or improvement of buildings, grounds, or 125 12 equipment at the commission of veterans affairs building at 125 13 Camp Dodge and the Iowa veterans home in Marshalltown. 125 14 2. The commandant and the commission shall have plans and 125 15 specifications prepared by the department ofgeneral125 16 administrative services for authorized construction, repair, 125 17 or improvement projects in excess of twenty-five thousand 125 18 dollars. An appropriation for a project shall not be expended 125 19 until the department ofgeneraladministrative services has 125 20 adopted plans and specifications and has completed a detailed 125 21 estimate of the cost of the project, prepared under the 125 22 supervision of a registered architect or registered 125 23 professional engineer. 125 24 3. The director of the department ofgeneral125 25 administrative services shall, in writing, let all contracts 125 26 for authorized improvements in excess of twenty-five thousand 125 27 dollars in accordance with chapter188A, article 3. The 125 28 director of the department ofgeneraladministrative services 125 29 shall not authorize payment for construction purposes until 125 30 satisfactory proof has been furnished by the proper officer or 125 31 supervising architect that the parties have complied with the 125 32 contract. 125 33 Sec. 154. Section 35D.14, unnumbered paragraph 1, Code 125 34 2003, is amended to read as follows: 125 35 The commandant or the commandant's designee shall employ 126 1 such personnel as are necessary for the performance of the 126 2 duties and responsibilities assigned to the commandant. All 126 3 employees shall be selected on a basis of fitness for the work 126 4 to be performed with due regard to training and experience and 126 5 shall be subject to the provisions of chapter19A8A, article 126 6 4. 126 7 Sec. 155. Section 42.1, subsection 5, paragraph b, Code 126 8 2003, is amended to read as follows: 126 9 b. An elective office in the executive or legislative 126 10 branch of the government of this state, or an office which is 126 11 filled by appointment and is exempt from the merit system 126 12 under section19A.38A.412. 126 13 Sec. 156. Section 47.8, subsection 3, unnumbered paragraph 126 14 2, Code 2003, is amended to read as follows: 126 15 The commission may authorize the registrar to employ such 126 16 additional staff personnel as it deems necessary to permit the 126 17 duties of the registrar's office to be adequately and promptly 126 18 discharged. Such personnel shall be employed pursuant to 126 19 chapter19A8A, article 4. 126 20 Sec. 157. Section 55.1, unnumbered paragraph 2, Code 2003, 126 21 is amended to read as follows: 126 22 A leave of absence for a person regularly employed pursuant 126 23 to chapter19A8A, article 4, is subject to section19A.18126 24 8A.416. 126 25 Sec. 158. Section 55.4, unnumbered paragraph 1, Code 2003, 126 26 is amended to read as follows: 126 27 Any public employee who becomes a candidate for any 126 28 elective public office shall, upon request of the employee and 126 29 commencing any time within thirty days prior to a contested 126 30 primary, special, or general election and continuing until 126 31 after the day following that election, automatically be given 126 32 a period of leave. If the employee is under chapter19A8A, 126 33 article 4, the employee may choose to use accrued vacation 126 34 leave, accrued compensatory leave or leave without pay to 126 35 cover these periods. The appointing authority may authorize 127 1 other employees to use accrued vacation leave or accrued 127 2 compensatory leave instead of leave without pay to cover these 127 3 periods. An employee who is a candidate for any elective 127 4 public office shall not campaign while on duty as an employee. 127 5 Sec. 159. Section 68B.32, subsection 5, Code 2003, is 127 6 amended to read as follows: 127 7 5. The board shall employ a full-time executive director 127 8 who shall be the board's chief administrative officer. The 127 9 board shall employ or contract for the employment of legal 127 10 counsel notwithstanding section 13.7, and any other personnel 127 11 as may be necessary to carry out the duties of the board. The 127 12 board's legal counsel shall be the chief legal officer of the 127 13 board, and shall advise the board on all legal matters 127 14 relating to the administration of this chapter and chapter 56. 127 15 The state may be represented by the board's legal counsel in 127 16 any civil action regarding the enforcement of this chapter or 127 17 chapter 56, or, at the board's request, the state may be 127 18 represented by the office of the attorney general. 127 19 Notwithstanding section19A.38A.412, all of the board's 127 20 employees, except for the executive director and legal 127 21 counsel, shall be employed subject to the merit system 127 22 provisions of chapter19A8A, article 4. The salary of the 127 23 executive director shall be fixed by the board, within the 127 24 range established by the general assembly. The salary of the 127 25 legal counsel shall be fixed by the board, within a salary 127 26 range established by the department of personnel for a 127 27 position requiring similar qualifications and experience. 127 28 Sec. 160. Section 70A.38, subsection 8, Code 2003, is 127 29 amended by striking the subsection. 127 30 Sec. 161. Section 84A.7, subsection 5, Code 2003, is 127 31 amended to read as follows: 127 32 5. PARTICIPANT ELIGIBILITY. Notwithstanding any contrary 127 33 provision ofchapters 19Achapter 8A, article 4, and chapter 127 34 96, a person employed through an Iowa conservation corps 127 35 program shall be exempt from merit system requirements and 128 1 shall not be eligible to receive unemployment compensation 128 2 benefits. 128 3 Sec. 162. Section 86.2, subsection 1, Code 2003, is 128 4 amended to read as follows: 128 5 1. Chief deputy workers' compensation commissioners for 128 6 whose acts the commissioner is responsible, who are exempt 128 7 from the merit system provisions of chapter19A8A, article 4, 128 8 and who shall serve at the pleasure of the commissioner. 128 9 Sec. 163. Section 88.2, subsection 3, Code 2003, is 128 10 amended to read as follows: 128 11 3. Personnel administering the chapter shall be employed 128 12 pursuant to chapter19A8A, article 4. 128 13 Sec. 164. Section 88A.6, Code 2003, is amended to read as 128 14 follows: 128 15 88A.6 PERSONNEL. 128 16 The commissioner may employ inspectors and any other 128 17 personnel deemed necessary to carry out the provisions of this 128 18 chapter, subject to the provisions of chapter19A8A, article 128 19 4. 128 20 Sec. 165. Section 89.1, unnumbered paragraph 1, Code 2003, 128 21 is amended to read as follows: 128 22 The labor commissioner shall enforce the provisions of this 128 23 chapter and may employ qualified personnel under the 128 24 provisions of chapter19A8A, article 4, to administer the 128 25 provisions of this chapter. 128 26 Sec. 166. Section 89A.4, Code 2003, is amended to read as 128 27 follows: 128 28 89A.4 COMMISSIONER'S DUTIES AND PERSONNEL. 128 29 The commissioner shall enforce the provisions of this 128 30 chapter. The commissioner shall employ personnel for the 128 31 administration of this chapter pursuant to chapter19A8A, 128 32 article 4. 128 33 Sec. 167. Section 91A.9, subsection 3, Code 2003, is 128 34 amended to read as follows: 128 35 3. The commissioner may employ such qualified personnel as 129 1 are necessary for the enforcement of this chapter. Such 129 2 personnel shall be employed pursuant to chapter19A8A, 129 3 article 4. 129 4 Sec. 168. Section 96.11, subsection 16, Code 2003, is 129 5 amended to read as follows: 129 6 16. Reimbursement of setoff costs. The department shall 129 7 include in the amount set off in accordance with section 129 8421.17, subsection 298A.504, for the collection of an 129 9 overpayment created pursuant to section 96.3, subsection 7, or 129 10 section 96.16, subsection 4, an additional amount for the 129 11 reimbursement of setoff costs incurred by the department of 129 12revenue and financeadministrative services. 129 13 Sec. 169. Section 97A.5, subsections 5 and 6, Code 2003, 129 14 are amended to read as follows: 129 15 5. STAFF. The department ofpersonnelpublic safety shall 129 16 provide administrative services to the board of trustees. 129 17 Investments shall be administered through the office of the 129 18 treasurer of state. 129 19 6. DATA – RECORDS – REPORTS. 129 20 a. The department ofpersonnelpublic safety shall keep in 129 21 convenient form the data necessary for actuarial valuation of 129 22 the various funds of the system and for checking the expense 129 23 of the system. Thedirector of the departmentcommissioner of 129 24personnelpublic safety shall keep a record of all the acts 129 25 and proceedings of the board, which records shall be open to 129 26 public inspection. The board of trustees shall biennially 129 27 make a report to the general assembly showing the fiscal 129 28 transactions of the system for the preceding biennium, the 129 29 amount of the accumulated cash and securities of the system, 129 30 and the last balance sheet showing the financial condition of 129 31 the system by means of an actuarial valuation of the assets 129 32 and liabilities of the system. 129 33 b. Thedirector of the departmentcommissioner of 129 34personnelpublic safety shall maintain records, including but 129 35 not limited to names, addresses, ages, and lengths of service, 130 1 salaries and wages, contributions, designated beneficiaries, 130 2 benefit amounts, if applicable, and other information 130 3 pertaining to members as necessary in the administration of 130 4 this chapter, as well as the names, addresses, and benefit 130 5 amounts of beneficiaries. For the purpose of obtaining these 130 6 facts, thedirectorcommissioner ofpersonnelpublic safety 130 7 shall have access to the records of the various departments of 130 8 the state and the departments shall provide such information 130 9 upon request. Member and beneficiary records containing 130 10 personal information are not public records for the purposes 130 11 of chapter 22. However, summary information concerning the 130 12 demographics of the members and general statistical 130 13 information concerning the system is subject to chapter 22, as 130 14 well as aggregate information by category. 130 15 Sec. 170. Section 97A.7, subsection 4, Code 2003, is 130 16 amended to read as follows: 130 17 4. A member of the board of trustees or an employee of the 130 18 department ofpersonnelpublic safety shall not have a direct 130 19 interest in the gains or profits of any investment made by the 130 20 board of trustees. A trustee shall not receive any pay or 130 21 emolument for the trustee's services. A trustee or employee 130 22 of the department ofpersonnelpublic safety shall not 130 23 directly or indirectly use the assets of the system except to 130 24 make current and necessary payments as authorized by the board 130 25 of trustees, nor shall a trustee or employee of the department 130 26 ofpersonnelpublic safety become an endorser or surety or 130 27 become in any manner an obligor for moneys loaned by or 130 28 borrowed from the board of trustees. 130 29 Sec. 171. Section 97B.1, Code 2003, is amended to read as 130 30 follows: 130 31 97B.1 SYSTEM CREATED – ORGANIZATIONAL DEFINITIONS. 130 32 1. The "Iowa Public Employees' Retirement System" is 130 33createdestablished as an independent agency within the 130 34 executive branch of state government. The Iowa public 130 35 employees' retirement systemdivision, a separate and distinct131 1division within the department of personnel,shall administer 131 2 the retirement system established under this chapter. 131 3 2. As used in this chapter, unless the context requires 131 4 otherwise: 131 5 a. "Board" means the investment board created by section 131 6 97B.8A. 131 7 b. "Chief executive officer" means the chief executive 131 8 officer of the Iowa public employees' retirement system 131 9division, notwithstanding section 7E.2, subsection 3,131 10paragraph "c", subparagraph (1). 131 11 c. "Committee" means the benefits advisory committee 131 12 created by section 97B.8B. 131 13d. "Division" means the Iowa public employees' retirement131 14system division.131 15e.d. "System" means the Iowa public employees' retirement 131 16 system. 131 17 Sec. 172. Section 97B.1A, subsection 23, Code 2003, is 131 18 amended to read as follows: 131 1923.19A."System""Retirement system" means the retirement 131 20 plan as containedhereinin this chapter or as duly amended. 131 21 Sec. 173. Section 97B.4, subsection 2, paragraph c, Code 131 22 2003, is amended to read as follows: 131 23 c. In administering this chapter, thedivisionsystem 131 24 shall enter into a biennial agreement with the department of 131 25personneladministrative services concerning the sharing of 131 26 resources between thedivisionsystem and department which are 131 27 of benefit to each and which are consistent with the mission 131 28 of thedivisionsystem and the department. The budget program 131 29 for thedivisionsystem shall be established by the chief 131 30 executive officer in consultation with the board and other 131 31 staff of thedivisionsystem and shall be compiledby the131 32department of personnel in collaboration with the divisionand 131 33 submittedon behalf of the divisionby thedepartmentsystem 131 34 pursuant to section 8.23. 131 35 Sec. 174. Section 97B.4, subsection 3, paragraphs a, b, c, 132 1 and d, Code 2003, are amended to read as follows: 132 2 a. CHIEF INVESTMENT OFFICER. The chief executive officer, 132 3 following consultation with the board, shall employ a chief 132 4 investment officer who shall be appointed pursuant to chapter 132 519A8A, article 4, and shall be responsible for administering 132 6 the investment program for the retirement fund pursuant to the 132 7 investment policies of the board. 132 8 b. CHIEF BENEFITS OFFICER. The chief executive officer, 132 9 following consultation with the benefits advisory committee, 132 10 shall employ a chief benefits officer who shall be appointed 132 11 pursuant to chapter19A8A, article 4, and shall be 132 12 responsible for administering the benefits and other services 132 13 provided under the retirement system. 132 14 c. ACTUARY. Thedivisionsystem shall employ an actuary 132 15 who shall be selected by the board and shall serve at the 132 16 pleasure of the board. The actuary shall be the technical 132 17 advisor for the system on matters regarding the operation of 132 18 the retirement fund. 132 19 d.DIVISIONSYSTEM EMPLOYEES. Subject to other provisions 132 20 of this chapter, thedivisionsystem may employ all other 132 21 personnel as necessary for the administration of the 132 22 retirement system. The maximum number of full-time equivalent 132 23 employees specified by the general assembly for thedivision132 24 system for administration of the retirement system for a 132 25 fiscal year shall not be reduced by any authority other than 132 26 the general assembly. The personnel of thedivisionsystem 132 27 shall be appointed pursuant to chapter19A8A, article 4. The 132 28divisionsystem shall not appoint or employ a person who is an 132 29 officer or committee member of a political party organization 132 30 or who holds or is a candidate for a partisan elective public 132 31 office. 132 32 Sec. 175. Section 97B.7A, subsection 5, Code 2003, is 132 33 amended to read as follows: 132 34 5. TRAVEL. In the administration of the investment of 132 35 moneys in the retirement fund, employees of thedivision133 1 system and members of the board may travel outside the state 133 2 for the purpose of meeting with investment firms and 133 3 consultants and attending conferences and meetings to fulfill 133 4 their fiduciary responsibilities. This travel is not subject 133 5 to section421.388A.512, subsection 2. 133 6 Sec. 176. Section 97B.43, unnumbered paragraph 1, Code 133 7 2003, is amended to read as follows: 133 8 Each member in service on July 4, 1953, who made 133 9 contributions under the abolished system, and who has not 133 10 applied for and qualified for benefit payments under the 133 11 abolished system, shall receive credit for years of prior 133 12 service in the determination of retirement allowance payments 133 13 under this chapter, if the member elects to become a member on 133 14 or before October 1, 1953, the member has not made application 133 15 for a refund of the part of the member's contributions under 133 16 the abolished system which are payable under sections 97.50 to 133 17 97.53, and the member gives written authorization prior to 133 18 October 1, 1953, to the commission to credit to the retirement 133 19 fund the amount of the member's contribution which would be 133 20 subject to a claim for refund. The amount so credited shall, 133 21 after transfer, be considered as a contribution to the 133 22 retirement system made as of July 4, 1953, by the member and 133 23 shall be included in the determination of the amount of moneys 133 24 payable under this chapter. However, an employee who was 133 25 under a contract of employment as a teacher in the public 133 26 schools of the state of Iowa at the end of the school year 133 27 1952-1953, or any person covered by section 97B.1A, subsection 133 28 20, paragraph "c" or "d", shall be considered as in service as 133 29 of July 4, 1953, if they were members of the abolished system. 133 30 Sec. 177. Section 97B.49B, subsection 1, paragraph e, 133 31 subparagraph (3), Code 2003, is amended to read as follows: 133 32 (3) A correctional officer or correctional supervisor 133 33 employed by the Iowa department of corrections, and any other 133 34 employee of that department whose primary purpose is, through 133 35 ongoing direct inmate contact, to enforce and maintain 134 1 discipline, safety, and security within a correctional 134 2 facility. The Iowa department of corrections and the 134 3personnel division of thedepartment ofpersonnel134 4 administrative services shall jointly determine which job 134 5 classifications are covered under this subparagraph. 134 6 Sec. 178. Section 97B.49B, subsection 1, paragraph e, 134 7 subparagraph (7), Code 2003, is amended to read as follows: 134 8 (7) An employee covered by the merit system as provided in 134 9 chapter19A8A, article 4, whose primary duty is providing 134 10 airport security and who carries or is licensed to carry a 134 11 firearm while performing those duties. 134 12 Sec. 179. Section 97B.49F, subsection 2, paragraph c, 134 13 subparagraph (5), Code 2003, is amended to read as follows: 134 14 (5) As used in this paragraph, "favorable actuarial 134 15 experience" means the difference, if positive, between the 134 16 anticipated and actual experience of the retirement system's 134 17 actuarial assets and liabilities as measured by the system's 134 18 actuary in the most recent annual actuarial valuation of the 134 19 retirement system pursuant to rules adopted by thedivision134 20 system. 134 21 Sec. 180. Section 97B.50, subsection 2, paragraph c, Code 134 22 2003, is amended to read as follows: 134 23 c. A vested member who terminated service due to a 134 24 disability, who has been issued payment for a refund pursuant 134 25 to section 97B.53, and who subsequently commences receiving 134 26 disability benefits as a result of that disability pursuant to 134 27 the federal Social Security Act, 42 U.S.C. } 423 et seq. or 134 28 the federal Railroad Retirement Act, 45 U.S.C. } 231 et seq., 134 29 may receive credit for membership service for the period 134 30 covered by the refund payment, upon repayment to thedivision134 31 system of the actuarial cost of receiving service credit for 134 32 the period covered by the refund payment, as determined by the 134 33divisionsystem. For purposes of this paragraph, the 134 34 actuarial cost of the service purchase shall be determined as 134 35 provided in section 97B.74. The payment to thedivision135 1 system as provided in this paragraph shall be made within 135 2 ninety days after July 1, 2000, or the date federal disability 135 3 payments commenced, whichever occurs later. For purposes of 135 4 this paragraph, the date federal disability payments commence 135 5 shall be the date that the member actually receives the first 135 6 such payment, regardless of any retroactive payments included 135 7 in that payment. A member who repurchases service credit 135 8 under this paragraph and applies for retirement benefits shall 135 9 have the member's monthly allowance, including retroactive 135 10 adjustment payments, determined in the same manner as provided 135 11 in paragraph "a" or "b", as applicable. This paragraph shall 135 12 not be implemented until the system has received a 135 13 determination letter from the federal internal revenue service 135 14 approving the system's plan's qualified status under Internal 135 15 Revenue Code section 401(a). 135 16 Sec. 181. Section 97B.64, Code 2003, is amended to read as 135 17 follows: 135 18 97B.64 INSURANCE LAWS NOT APPLICABLE. 135 19 None of the laws of this state regulating insurance or 135 20 insurance companies shall apply to thedivisionsystem or to 135 21 theIowa public employees'retirement system or any of its 135 22 funds. 135 23 Sec. 182. Section 99E.3, subsection 3, Code 2003, is 135 24 amended to read as follows: 135 25 3. The commissioner may employ, with the approval of the 135 26 director, clerks, stenographers, inspectors, agents, and other 135 27 employees pursuant to chapter19A8A, article 4, as necessary 135 28 to carry out this chapter, except as provided in section 135 29 99E.14. The commissioner may require a background 135 30 investigation to be conducted in connection with the 135 31 employment of lottery employees. The board shall define, by 135 32 rule, the employment categories subject to investigation. The 135 33 background investigation by the division of criminal 135 34 investigation of the department of public safety may include a 135 35 national criminal history record check through the federal 136 1 bureau of investigation. The screening of lottery employees 136 2 through the federal bureau of investigation shall be conducted 136 3 by submission of fingerprints through the state criminal 136 4 history record repository to the federal bureau of 136 5 investigation. 136 6 Sec. 183. Section 99E.14, unnumbered paragraph 1, Code 136 7 2003, is amended to read as follows: 136 8 The commissioner shall designate three administrative 136 9 positions within the division which require specific areas of 136 10 expertise relating to the operation of the lottery. These 136 11 three administrative positions are exempt from the merit 136 12 system provisions of chapter19A8A, article 4. The 136 13 commissioner shall designate one of these three administrators 136 14 to serve as acting commissioner in the commissioner's absence. 136 15 Sec. 184. Section 103A.6, Code 2003, is amended to read as 136 16 follows: 136 17 103A.6 MERIT SYSTEM. 136 18 Employees of the commissioner, if required by federal 136 19 statutes, are covered by the merit system provisions of 136 20 chapter19A8A, article 4. 136 21 Sec. 185. Section 123.20, subsection 4, Code 2003, is 136 22 amended to read as follows: 136 23 4. To appoint clerks, agents, or other employees required 136 24 for carrying out the provisions of this chapter; to dismiss 136 25 employees for cause; to assign employees to bureaus as created 136 26 by the administrator within the division; and to designate 136 27 their title, duties, and powers. All employees of the 136 28 division are subject to chapter19A8A, article 4, unless 136 29 exempt under section19A.38A.412. 136 30 Sec. 186. Section 135.2, unnumbered paragraph 1, Code 136 31 2003, is amended to read as follows: 136 32 The governor shall appoint the director of the department, 136 33 subject to confirmation by the senate. The director shall 136 34 serve at the pleasure of the governor. The director is exempt 136 35 from the merit system provisions of chapter19A8A, article 4. 137 1 The governor shall set the salary of the director within the 137 2 range established by the general assembly. 137 3 Sec. 187. Section 135C.16, subsection 1, Code 2003, is 137 4 amended to read as follows: 137 5 1. In addition to the inspections required by sections 137 6 135C.9 and 135C.38, the department shall make or cause to be 137 7 made such further unannounced inspections as it deems 137 8 necessary to adequately enforce this chapter. At least one 137 9 general unannounced inspection shall be conducted for each 137 10 health care facility within a thirty-month period. The 137 11 inspector shall show identification to the person in charge of 137 12 the facility and state that an inspection is to be made before 137 13 beginning the inspection. An employee of the department who 137 14 gives unauthorized advance notice of an inspection made or 137 15 planned to be made under this subsection or section 135C.38 137 16 shall be disciplined as determined by the director, except 137 17 that if the employee is employed pursuant to the merit system 137 18 provisions of chapter19A8A, article 4, the discipline shall 137 19 not exceed the discipline authorized pursuant to thatchapter137 20 article. 137 21 Sec. 188. Section 135C.18, Code 2003, is amended to read 137 22 as follows: 137 23 135C.18 EMPLOYEES. 137 24 The department may employ, pursuant to chapter19A8A, 137 25 article 4, such assistants and inspectors as may be necessary 137 26 to administer and enforce the provisions of this chapter. 137 27 Sec. 189. Section 137.6, subsection 4, Code 2003, is 137 28 amended to read as follows: 137 29 4. Employ persons as necessary for the efficient discharge 137 30 of its duties. Employment practices shall meet the 137 31 requirements of chapter19A8A, article 4, or any civil 137 32 service provision adopted under chapter 400. 137 33 Sec. 190. Section 142A.5, subsection 1, paragraph b, Code 137 34 2003, is amended to read as follows: 137 35 b. Employ a division administrator who shall be 138 1 responsible for the administration and oversight of the 138 2 division. The division administrator shall report to and 138 3 shall serve at the pleasure of the director. The 138 4 administrator shall be exempt from the merit system provisions 138 5 of chapter19A8A, article 4. 138 6 Sec. 191. Section 142A.6, subsection 5, Code 2003, is 138 7 amended to read as follows: 138 8 5. Procurement of goods and services necessary to 138 9 implement the initiative is subject to approval of the 138 10 commission. Notwithstanding chapter188A, article 3, or any 138 11 other provision of law to the contrary, such procurement may 138 12 be accomplished by the commission under its own competitive 138 13 bidding process which shall provide for consideration of such 138 14 factors as price, bidder competence, and expediency in 138 15 procurement. 138 16 Sec. 192. Section 147.98, Code 2003, is amended to read as 138 17 follows: 138 18 147.98 SECRETARY OF PHARMACY EXAMINERS. 138 19 The pharmacy examiners shall have the right to employ a 138 20 full-time secretary, who shall not be a member of the 138 21 examining board, at such compensation as may be fixed pursuant 138 22 to chapter19A8A, article 4, but the provisions of section 138 23 147.22 providing for a secretary for each examining board 138 24 shall not apply to the pharmacy examiners. 138 25 Sec. 193. Section 147.102, Code 2003, is amended to read 138 26 as follows: 138 27 147.102 PSYCHOLOGISTS, CHIROPRACTORS, AND DENTISTS. 138 28 Notwithstanding the provisions of this subtitle, every 138 29 application for a license to practice psychology, 138 30 chiropractic, or dentistry shall be made directly to the 138 31 chairperson, executive director, or secretary of the examining 138 32 board of such profession, and every reciprocal agreement for 138 33 the recognition of any such license issued in another state 138 34 shall be negotiated by the examining board for such 138 35 profession. All examination, license, and renewal fees 139 1 received from persons licensed to practice any of such 139 2 professions shall be paid to and collected by the chairperson, 139 3 executive director, or secretary of the examining board of 139 4 such profession, who shall transmit the fees to the treasurer 139 5 of state for deposit into the general fund of the state. The 139 6 salary of the secretary shall be established by the governor 139 7 with the approval of the executive council pursuant to section 139 819A.98A.413, subsection 2, under the pay plan for exempt 139 9 positions in the executive branch of government. 139 10 Sec. 194. Section 147.103, unnumbered paragraph 1, Code 139 11 2003, is amended to read as follows: 139 12 The board of physician assistant examiners may appoint 139 13 investigators, who shall not be members of the examining 139 14 board, to administer and aid in the enforcement of the 139 15 provisions of law relating to physician assistants. The 139 16 amount of compensation for the investigators shall be 139 17 determined pursuant to chapter19A8A, article 4. 139 18 Sec. 195. Section 147.103A, subsections 3 and 4, Code 139 19 2003, are amended to read as follows: 139 20 3. The board may appoint investigators, who shall not be 139 21 members of the examining board, and whose compensation shall 139 22 be determined pursuant to chapter19A8A, article 4. 139 23 Investigators appointed by the board have the powers and 139 24 status of peace officers when enforcing this chapter and 139 25 chapters 148, 150, 150A, and 272C. 139 26 4. Applications for a license shall be made to the chair- 139 27 person, executive director, or secretary of the board. All 139 28 examination, license, and renewal fees shall be paid to and 139 29 collected by the chairperson, executive director, or secretary 139 30 of the board, who shall transmit the fees to the treasurer of 139 31 state for deposit in the general fund of the state. The 139 32 salary of the executive director of the board shall be 139 33 established by the governor with approval of the executive 139 34 council pursuant to section19A.98A.413, subsection 2, under 139 35 the pay plan for exempt positions in the executive branch of 140 1 government. 140 2 Sec. 196. Section 147.114, Code 2003, is amended to read 140 3 as follows: 140 4 147.114 INSPECTOR. 140 5 An inspector may be appointed by the board of dental 140 6 examiners pursuant to the provisions of chapter19A8A, 140 7 article 4. 140 8 Sec. 197. Section 152.2, Code 2003, is amended to read as 140 9 follows: 140 10 152.2 EXECUTIVE DIRECTOR – ASSISTANTS. 140 11 The board shall appoint a full-time executive director. The 140 12 executive director shall be a registered nurse and shall not 140 13 be a member of the board. The governor, with the approval of 140 14 the executive council pursuant to section19A.98A.413, 140 15 subsection 2, under the pay plan for exempt positions in the 140 16 executive branch of government, shall set the salary of the 140 17 executive director. 140 18 Sec. 198. Section 152.3, subsection 6, Code 2003, is 140 19 amended to read as follows: 140 20 6. To appoint assistants to the director and persons 140 21 necessary to administer thisActchapter. Any appointments 140 22 shall be merit appointments made pursuant to chapter19A8A, 140 23 article 4. 140 24 Sec. 199. Section 152.11, Code 2003, is amended to read as 140 25 follows: 140 26 152.11 INVESTIGATORS FOR NURSES. 140 27 The board of nursing may appoint investigators, who shall 140 28 not be members of the board, to administer and aid in the 140 29 enforcement of the provisions of law related to those licensed 140 30 to practice nursing. The amount of compensation for the 140 31 investigators shall be determined pursuant to chapter19A8A, 140 32 article 4. Investigators authorized by the board of nursing 140 33 have the powers and status of peace officers when enforcing 140 34 this chapter and chapters 147 and 272C. 140 35 Sec. 200. Section 153.33, subsection 2, Code 2003, is 141 1 amended to read as follows: 141 2 2. To appoint investigators, who shall not be members of 141 3 the examining board, to administer and aid in the enforcement 141 4 of the provisions of law relating to those persons licensed to 141 5 practice dentistry and dental hygiene, and persons registered 141 6 as dental assistants. The amount of compensation for the 141 7 investigators shall be determined pursuant to chapter19A8A, 141 8 article 4. Investigators authorized by the board of dental 141 9 examiners have the powers and status of peace officers when 141 10 enforcing this chapter and chapters 147 and 272C. 141 11 Sec. 201. Section 157.7, Code 2003, is amended to read as 141 12 follows: 141 13 157.7 INSPECTORS AND CLERICAL ASSISTANTS. 141 14 The department of inspections and appeals shall employ 141 15 personnelunderpursuant to chapter19A8A, article 4, to 141 16 perform duties related to inspection functions under this 141 17 chapter. The department of inspections and appeals shall, 141 18 when possible, integrate inspection efforts under this chapter 141 19 with inspections conducted under chapter 158. 141 20 The Iowa department of public health may employ clerical 141 21 assistantsunderpursuant to chapter19A8A, article 4, to 141 22 administer and enforce this chapter. The costs and expenses 141 23 of the clerical assistants shall be paid from funds 141 24 appropriated to the department of public health. 141 25 Sec. 202. Section 158.6, Code 2003, is amended to read as 141 26 follows: 141 27 158.6 INSPECTORS AND CLERICAL ASSISTANTS. 141 28 The department of inspections and appeals shall employ 141 29 personnelunderpursuant to chapter19A8A, article 4, to 141 30 perform duties related to inspection functions under this 141 31 chapter. The department of inspections and appeals shall, 141 32 when possible, integrate inspection efforts under this chapter 141 33 with inspections conducted under chapter 157. 141 34 The Iowa department of public health may employ clerical 141 35 assistantsunderpursuant to chapter19A8A, article 4, to 142 1 administer and enforce this chapter. The costs and expenses 142 2 of the clerical assistants shall be paid from funds 142 3 appropriated to the department of public health. 142 4 Sec. 203. Section 175.7, subsection 3, Code 2003, is 142 5 amended to read as follows: 142 6 3. The executive director shall advise the authority on 142 7 matters relating to agricultural land and property and 142 8 agricultural finance, and carry out all directives from the 142 9 authority, and shall hire and supervise the authority's staff 142 10 pursuant to its directions and under the merit system 142 11 provisions of chapter19A8A, article 4, except that principal 142 12 administrative assistants with responsibilities in beginning 142 13 farm loan programs, accounting, mortgage loan processing, and 142 14 investment portfolio management are exempt from the merit 142 15 system. 142 16 Sec. 204. Section 189.2, subsection 4, Code 2003, is 142 17 amended to read as follows: 142 18 4. Issue from time to time, bulletins showing the results 142 19 of inspections, analyses, and prosecutions under this 142 20 subtitle, excluding chapters 203, 203A, 203C, 203D, 207, and 142 21 208. These bulletins shall be printed in such numbers as may 142 22 be approved by thestate printing administratordirector of 142 23 the department of administrative services and shall be 142 24 distributed to the newspapers of the state and to all 142 25 interested persons. 142 26 Sec. 205. Section 216A.2, unnumbered paragraph 2, Code 142 27 2003, is amended to read as follows: 142 28 The governor shall appoint the administrators of each of 142 29 the divisions subject to confirmation by the senate. Each 142 30 administrator shall serve at the pleasure of the governor and 142 31 is exempt from the merit system provisions of chapter19A8A, 142 32 article 4. The governor shall set the salary of the division 142 33 administrators within the ranges set by the general assembly. 142 34 Sec. 206. Section 216A.145, Code 2003, is amended to read 142 35 as follows: 143 1 216A.145 EMPLOYEES AND RESPONSIBILITY. 143 2 The administrator shall be the administrative officer of 143 3 the division and shall be responsible for implementing 143 4 policies and programs. The administrator may employ, in 143 5 accordance with chapter19A8A, article 4, other persons 143 6 necessary to carry out the programs of the division. 143 7 Sec. 207. Section 216B.3, subsections 14 and 17, Code 143 8 2003, are amended to read as follows: 143 9 14. Purchase and use recycled printing and writing paper 143 10 in accordance with the schedule established in section18.18143 11 8A.315; establish a wastepaper recycling program, by January143 121, 1990,in accordance with the recommendations made by the 143 13 department of natural resources and requirements of section 143 1418.208A.329; and, in accordance with section18.68A.311, 143 15 require product content statements and compliance with 143 16 requirements regarding contract bidding. 143 17 17. Comply with the requirements for the purchase of 143 18 lubricating oils, industrial oils, greases, and hydraulic 143 19 fluids as established pursuant to section18.228A.316. 143 20 Sec. 208. Section 217.23, subsection 1, Code 2003, is 143 21 amended to read as follows: 143 22 1. The director of human services or the director's 143 23 designee, shall employ such personnel as are necessary for the 143 24 performance of the duties and responsibilities assigned to the 143 25 department. All employees shall be selected on a basis of 143 26 fitness for the work to be performed with due regard to 143 27 training and experience and shall be subject to the provisions 143 28 of chapter19A8A, article 4. 143 29 Sec. 209. Section 217.34, Code 2003, is amended to read as 143 30 follows: 143 31 217.34 DEBT SETOFF. 143 32 The investigations division of the department of 143 33 inspections and appeals and the department of human services 143 34 shall provide assistance to set off against a person's or 143 35 provider's income tax refund or rebate any debt which has 144 1 accrued through written contract, subrogation, departmental 144 2 recoupment procedures, or court judgment and which is in the 144 3 form of a liquidated sum due and owing the department of human 144 4 services. The department of inspections and appeals, with 144 5 approval of the department of human services, shall adopt 144 6 rules under chapter 17A necessary to assist the department of 144 7revenue and financeadministrative services in the 144 8 implementation of the setoff under section421.17, subsection144 9218A.504 in regard to money owed to the state for public 144 10 assistance overpayments. The department of human services 144 11 shall adopt rules under chapter 17A necessary to assist the 144 12 department ofrevenue and financeadministrative services in 144 13 the implementation of the setoff under section421.17,144 14subsection 218A.504, in regard to collections by the child 144 15 support recovery unit and the foster care recovery unit. 144 16 Sec. 210. Section 218.10, Code 2003, is amended to read as 144 17 follows: 144 18 218.10 SUBORDINATE OFFICERS AND EMPLOYEES. 144 19 The administrator in charge of a particular institution, 144 20 with the consent and approval of the director of human 144 21 services, shall determine the number of subordinate officers 144 22 and employees for the institution. Subject to this chapter, 144 23 the officers and employees shall be appointed and discharged 144 24 by the superintendent or business manager pursuant to chapter 144 2519A8A, article 4. The superintendent shall keep, in the 144 26 record of each subordinate officer and employee, the date of 144 27 employment, the compensation, and the date of each discharge, 144 28 and the reasons for discharge. 144 29 Sec. 211. Section 218.58, subsections 3 and 5, Code 2003, 144 30 are amended to read as follows: 144 31 3. The department ofgeneraladministrative services shall 144 32 let all contracts under chapter188A, article 3, for 144 33 authorized construction, repair, or improvement of 144 34 departmental buildings, grounds, or equipment. 144 35 5. A claim for payment relating to a project shall be 145 1 itemized on a voucher form pursuant to section421.408A.514, 145 2 certified by the claimant and the architect or engineer in 145 3 charge, and audited and approved by the department ofgeneral145 4 administrative services. Upon approval by the department of 145 5generaladministrative services, thevoucher shall be145 6forwarded to thedirector ofrevenue and finance, whothe 145 7 department of administrative services shall draw a warrant to 145 8 be paid by the treasurer of state from funds appropriated for 145 9 the project. A partial payment made before completion of the 145 10 project does not constitute final acceptance of the work or a 145 11 waiver of any defect in the work. 145 12 Sec. 212. Section 218.85, Code 2003, is amended to read as 145 13 follows: 145 14 218.85 UNIFORM SYSTEM OF ACCOUNTS. 145 15 The director of human services through the administrators 145 16 in control of the institutions shall install in all the 145 17 institutions the most modern, complete, and uniform system of 145 18 accounts, records, and reports possible. The system shall be 145 19 prescribed by the director ofrevenue and financethe 145 20 department of administrative services as authorized in section 145 21421.318A.502, subsection1013, and, among other matters, 145 22 shall clearly show the detailed facts relative to the handling 145 23 and uses of all purchases. 145 24 Sec. 213. Section 218.100, Code 2003, is amended to read 145 25 as follows: 145 26 218.100 CENTRAL WAREHOUSE AND SUPPLY DEPOT. 145 27 The department of human services shall establish a fund for 145 28 maintaining and operating a central warehouse as a supply 145 29 depot and distribution facility for surplus government 145 30 products, carload canned goods, paper products, other staples 145 31 and such other items as determined by the department. The 145 32 fund shall be permanent and shall be composed of the receipts 145 33 from the sales of merchandise, recovery of handling, operating 145 34 and delivery charges of such merchandise and from the funds 145 35 contributed by the institutions now in a contingent fund being 146 1 used for this purpose. All claims for purchases of 146 2 merchandise, operating and salary expenses shall be subject to 146 3 the provisions of sections 218.86 to218.89218.88. 146 4 Sec. 214. Section 231.22, unnumbered paragraph 1, Code 146 5 2003, is amended to read as follows: 146 6 The governor, subject to confirmation by the senate, shall 146 7 appoint a director of the department of elder affairs who 146 8 shall, subject to chapter19A8A, article 4, employ and direct 146 9 staff as necessary to carry out the powers and duties created 146 10 by this chapter. The director shall serve at the pleasure of 146 11 the governor. However, the director is subject to 146 12 reconfirmation by the senate as provided in section 2.32, 146 13 subsection 8. The governor shall set the salary for the 146 14 director within the range set by the general assembly. 146 15 Sec. 215. Section 231.58, subsection 4, paragraph d, Code 146 16 2003, is amended to read as follows: 146 17 d. Develop procedures for coordination at the local and 146 18 state level among the providers of long-term care, including 146 19 when possible co-campusing of services. The director of the 146 20 department ofgeneraladministrative services shall give 146 21 particular attention to this section when arranging for office 146 22 space pursuant to section18.128A.321 for these three 146 23 departments. 146 24 Sec. 216. Section 234.8, Code 2003, is amended to read as 146 25 follows: 146 26 234.8 FEES FOR CHILD WELFARE SERVICES. 146 27 The department of human services may charge a fee for child 146 28 welfare services to a person liable for the cost of the 146 29 services. The fee shall not exceed the reasonable cost of the 146 30 services. The fee shall be based upon the person's ability to 146 31 pay and consideration of the fee's impact upon the liable 146 32 person's family and the goals identified in the case 146 33 permanency plan. The department may assess the liable person 146 34 for the fee and the means of recovery shall include a setoff 146 35 against an amount owed by a state agency to the person 147 1 assessed pursuant to section421.17, subsection 298A.504. In 147 2 addition the department may establish an administrative 147 3 process to recover the assessment through automatic income 147 4 withholding. The department shall adopt rules pursuant to 147 5 chapter 17A to implement the provisions of this section. This 147 6 section does not apply to court-ordered services provided to 147 7 juveniles which are a charge upon the state pursuant to 147 8 section 232.141 and services for which the department has 147 9 established a support obligation pursuant to section 234.39. 147 10 Sec. 217. Section 235A.15, subsection 5, Code 2003, is 147 11 amended to read as follows: 147 12 5. Access to disposition data subject to placement in the 147 13 central registry pursuant to section 232.71D is authorized to 147 14 the department of personnel or to the personnel office of a 147 15 public employer, as defined in section 20.3, as necessary for 147 16 presentation in grievance or arbitration procedures provided 147 17 for in sections19A.148A.415 and 20.18. Disposition data 147 18 introduced into a grievance or arbitration proceeding shall 147 19 not be considered a part of the public record of a case. 147 20 Sec. 218. Section 236.15B, unnumbered paragraph 5, Code 147 21 2003, is amended to read as follows: 147 22 The department ofrevenue and financeadministrative 147 23 services shall consult the crime victim assistance board 147 24 concerning the adoption of rules to implement this section. 147 25 However, before a checkoff pursuant to this section shall be 147 26 permitted, all liabilities on the books of the department of 147 27revenue and financeadministrative services and accounts 147 28 identified as owing under section421.178A.504 and the 147 29 political contribution allowed under section 56.18 shall be 147 30 satisfied. 147 31 Sec. 219. Section 252B.5, subsection 4, Code 2003, is 147 32 amended to read as follows: 147 33 4. Assistance to set off against a debtor's income tax 147 34 refund or rebate any support debt, which is assigned to the 147 35 department of human services or which the child support 148 1 recovery unit is attempting to collect on behalf of any 148 2 individual not eligible as a public assistance recipient, 148 3 which has accrued through written contract, subrogation, or 148 4 court judgment, and which is in the form of a liquidated sum 148 5 due and owing for the care, support, or maintenance of a 148 6 child. Unless the periodic payment plan provisions for a 148 7 retroactive modification pursuant to section 598.21, 148 8 subsection 8, apply, the entire amount of a judgment for 148 9 accrued support, notwithstanding compliance with a periodic 148 10 payment plan or regardless of the date of entry of the 148 11 judgment, is due and owing as of the date of entry of the 148 12 judgment and is delinquent for the purposes of setoff, 148 13 including for setoff against a debtor's federal income tax 148 14 refund or other federal nontax payment. The department of 148 15 human services shall adopt rules pursuant to chapter 17A 148 16 necessary to assist the department ofrevenue and finance148 17 administrative services in the implementation of the child 148 18 support setoff as established under section421.17, subsection148 19218A.504. 148 20 Sec. 220. Section 252B.5, subsection 8, Code 2003, is 148 21 amended to read as follows: 148 22 8. a. Assistance, in consultation with the department of 148 23revenue and financeadministrative services, in identifying 148 24 and taking action against self-employed individuals as 148 25 identified by the following conditions: 148 26 (1) The individual owes support pursuant to a court or 148 27 administrative order being enforced by the unit and is 148 28 delinquent in an amount equal to or greater than the support 148 29 obligation amount assessed for one month. 148 30 (2) The individual has filed a state income tax return in 148 31 the preceding twelve months. 148 32 (3) The individual has no reported tax withholding amount 148 33 on the most recent state income tax return. 148 34 (4) The individual has failed to enter into or comply with 148 35 a formalized repayment plan with the unit. 149 1 (5) The individual has failed to make either all current 149 2 support payments in accordance with the court or 149 3 administrative order or to make payments against any 149 4 delinquency in each of the preceding twelve months. 149 5 b. Notwithstanding section 252B.9, the unit may forward 149 6 information to the department ofrevenue and finance149 7 administrative services as necessary to implement this 149 8 subsection, including but not limited to both of the 149 9 following: 149 10 (1) The name and social security number of the individual. 149 11 (2) Support obligation information in the specific case, 149 12 including the amount of the delinquency. 149 13 Sec. 221. Section 255.27, Code 2003, is amended to read as 149 14 follows: 149 15 255.27 FACULTY TO PREPARE BLANKS – PRINTING. 149 16 The medical faculty of the state university hospital shall 149 17 from time to time prepare blanks containing questions and 149 18 requiring information that it finds necessary and proper to be 149 19 obtained by the physician who examines a patient under order 149 20 of court. The blanks shall be printed by the state, and a 149 21 sufficient supply shall be furnished by thestate printing149 22administratordirector of the department of administrative 149 23 services to the clerk of each juvenile court in the state. 149 24 The cost of printing the blanks shall be audited, allowed, and 149 25 paid in the same manner as other bills for public printing. 149 26 Sec. 222. Section 256.9, subsection 4, Code 2003, is 149 27 amended to read as follows: 149 28 4. Employ personnel and assign duties and responsibilities 149 29 of the department. The director shall appoint a deputy 149 30 director and division administrators deemed necessary. They 149 31 shall be appointed on the basis of their professional 149 32 qualifications, experience in administration, and background. 149 33 Members of the professional staff are not subject to the merit 149 34 system provisions of chapter19A8A, article 4, and are 149 35 subject to section 256.10. 150 1 Sec. 223. Section 256.52, subsection 3, paragraph d, Code 150 2 2003, is amended to read as follows: 150 3 d. Appoint and approve the technical, professional, 150 4 excepting the medical librarian and the law librarian, 150 5 secretarial, and clerical staff necessary to accomplish the 150 6 purposes of the division subject to chapter19A8A, article 4. 150 7 Sec. 224. Section 256.54, subsection 1, unnumbered 150 8 paragraph 1, Code 2003, is amended to read as follows: 150 9 The medical library shall be administered by a medical 150 10 librarian, appointed by the director subject to chapter19A150 11 8A, article 4, who shall do all of the following: 150 12 Sec. 225. Section 256.54, subsection 2, unnumbered 150 13 paragraph 1, Code 2003, is amended to read as follows: 150 14 The law library shall be administered by a law librarian 150 15 appointed by the director subject to chapter19A8A, article 150 16 4, who shall do all of the following: 150 17 Sec. 226. Section 257C.6, subsection 11, Code 2003, is 150 18 amended to read as follows: 150 19 11. The authority is exempt from chapter188A, article 3. 150 20 Sec. 227. Section 260C.19B, Code 2003, is amended to read 150 21 as follows: 150 22 260C.19B PURCHASE OF BIO-BASED HYDRAULIC FLUIDS, GREASES, 150 23 AND OTHER INDUSTRIAL LUBRICANTS. 150 24 Hydraulic fluids, greases, and other industrial lubricants 150 25 purchased by or used under the direction of the board of 150 26 directors to provide services to a merged area shall be 150 27 purchased in compliance with the preference requirements for 150 28 purchasing bio-based hydraulic fluids, greases, and other 150 29 industrial lubricants as provided pursuant to section18.22150 30 8A.316. 150 31 Sec. 228. Section 261.37, subsection 7, Code 2003, is 150 32 amended to read as follows: 150 33 7. To establish an effective system for the collection of 150 34 delinquent loans, including the adoption of an agreement with 150 35 theIowadepartment ofrevenue and financeadministrative 151 1 services to set off against a defaulter's income tax refund or 151 2 rebate the amount that is due because of a default on a 151 3 guaranteed or parental loan made under this division. The 151 4 commission shall adopt rules under chapter 17A necessary to 151 5 assist the department ofrevenue and financeadministrative 151 6 services in the implementation of the student loan setoff 151 7 program as established under section421.17, subsection 23151 8 8A.504. 151 9 Sec. 229. Section 261A.6, subsection 10, Code 2003, is 151 10 amended to read as follows: 151 11 10. All employees of the authority are exempt from 151 12chapters 19Achapter 8A, article 4, and chapter 97B. 151 13 Sec. 230. Section 262.9, subsection 6, Code 2003, is 151 14 amended to read as follows: 151 15 6. Purchase and use recycled printing and writing paper, 151 16 with the exception of specialized paper when no recyclable 151 17 product is available, in accordance with the schedule 151 18 established in section18.188A.315; establish a wastepaper 151 19 recycling program for all institutions governed by the board 151 20 in accordance with recommendations made by the department of 151 21 natural resources and the requirements of section18.20151 22 8A.329; shall, in accordance with the requirements of section 151 2318.68A.311, require product content statements and compliance 151 24 with requirements regarding procurement specifications; and 151 25 shall comply with the requirements for the purchase of 151 26 lubricating oils and industrial oils as established pursuant 151 27 to section18.228A.316. 151 28 Sec. 231. Section 262.25A, subsection 1, Code 2003, is 151 29 amended to read as follows: 151 30 1. Institutions under the control of the state board of 151 31 regents shall purchase only new automobiles which have at 151 32 least the fuel economy required for purchase of new 151 33 automobiles by thestate fleet administratordirector of the 151 34 department of administrative services under section18.115151 35 8A.362, subsection 4. This subsection does not apply to 152 1 automobiles purchased for law enforcement purposes. 152 2 Sec. 232. Section 262.25B, Code 2003, is amended to read 152 3 as follows: 152 4 262.25B PURCHASE OF BIO-BASED HYDRAULIC FLUIDS, GREASES, 152 5 AND OTHER INDUSTRIAL LUBRICANTS. 152 6 The state board of regents and institutions under the 152 7 control of the board purchasing hydraulic fluids, greases, and 152 8 other industrial lubricants shall give preference to 152 9 purchasing bio-based hydraulic fluids, greases, and other 152 10 industrial lubricants as provided in section18.228A.316. 152 11 Sec. 233. Section 272C.7, subsection 1, Code 2003, is 152 12 amended to read as follows: 152 13 1. As an alternative to authority contained elsewhere in 152 14 this chapter, a licensing board may employ within the limits 152 15 of available funds an executive secretary, one or more 152 16 inspectors, and such clerical personnel as may be necessary 152 17 for the administration of the duties of the board. Employees 152 18 of the board shall be employed subject to chapter19A8A, 152 19 article 4. The qualifications of the executive secretary 152 20 shall be determined by the board. 152 21 Sec. 234. Section 298.14, Code 2003, is amended to read as 152 22 follows: 152 23 298.14 SCHOOL DISTRICT INCOME SURTAXES. 152 24 For each fiscal year, the cumulative total of the percents 152 25 of surtax approved by the board of directors of a school 152 26 district and collected by the department of revenueand152 27financeunder sections 257.21, 257.29, and 298.2, and the 152 28 enrichment surtax under section 442.15, Code 1989, and an 152 29 income surtax collected by a political subdivision under 152 30 chapter 422D, shall not exceed twenty percent. 152 31 A school district income surtax fund is created in the 152 32 office of treasurer of state. Income surtaxes collected by 152 33 the department of revenueand financeunder sections 257.21, 152 34 257.29, and 298.2 and section 442.15, Code 1989, shall be 152 35 deposited in the school district income surtax fund to the 153 1 credit of each school district. A separate accounting of each 153 2 surtax, by school district, shall be maintained. 153 3 The director ofrevenue and financethe department of 153 4 administrative services shall draw warrants in payment of the 153 5 surtaxes collected in each school district. Warrants shall be 153 6 payable in two installments to be paid on approximately the 153 7 first day of December and the first day of February following 153 8 collection of the taxes and shall be delivered to the 153 9 respective school districts. 153 10 Sec. 235. Section 303.1A, subsection 5, Code 2003, is 153 11 amended to read as follows: 153 12 5. Appoint and approve the technical, professional, 153 13 secretarial, and clerical staff necessary to accomplish the 153 14 purposes of the department subject to chapter19A8A, article 153 15 4. 153 16 Sec. 236. Section 303.2, subsection 2, paragraph i, Code 153 17 2003, is amended to read as follows: 153 18 i. Buy or receive by other means historical materials 153 19 including, but not limited to, artifacts, art, books, 153 20 manuscripts, and images. Such materials are not personal 153 21 property undersection 18.12sections 8A.321 and 8A.324 and 153 22 shall be received and cared for under the rules of the 153 23 department. The historical division may sell or otherwise 153 24 dispose of those materials according to the rules of the 153 25 department and be credited for any revenues credited by the 153 26 disposal less the costs incurred. 153 27 Sec. 237. Section 303.9, subsection 2, Code 2003, is 153 28 amended to read as follows: 153 29 2. The department may sell mementos and other items 153 30 relating to Iowa history and historic sites on the premises of 153 31 property under control of the department and at the state 153 32 capitol. Notwithstanding sections18.128A.321 and18.16153 33 8A.327, the department may directly and independently enter 153 34 into rental and lease agreements with private vendors for the 153 35 purpose of selling mementos. All fees and income produced by 154 1 the sales and rental or lease agreements shall be credited to 154 2 the account of the department. The mementos and other items 154 3 sold by the department or vendors under this subsection are 154 4 exempt from section18.68A.311. The department is not a 154 5 retailer under chapter 422 and the sale of such mementos and 154 6 other items by the department is not a retail sale under 154 7 chapter 422 and is exempt from the sales tax. 154 8 Sec. 238. Section 304.3, subsections 8 and 9, Code 2003, 154 9 are amended to read as follows: 154 10 8. The director of the department ofgeneral154 11 administrative services. 154 129. The director of the information technology department.154 13 Sec. 239. Section 307.12, subsection 2, Code 2003, is 154 14 amended to read as follows: 154 15 2. Employ personnel as necessary to carry out the duties 154 16 and responsibilities of the department, consistent with 154 17 chapter19A8A, article 4. 154 18 Sec. 240. Section 307.12, unnumbered paragraph 2, Code 154 19 2003, is amended to read as follows: 154 20 If in the interest of the state, the director may allow a 154 21 subsistence expense to an employee under the supervision of 154 22 the department's administrator for highways for continuous 154 23 stay in one location while on duty away from established head- 154 24 quarters and place of domicile for a period not to exceed 154 25 forty-five days; and allow automobile expenses in accordance 154 26 with section18.1178A.363, for moving an employee and the 154 27 employee's family from place of present domicile to new 154 28 domicile, and actual transportation expense for moving of 154 29 household goods. The household goods for which transportation 154 30 expense is allowed shall not include pets or animals. 154 31 Sec. 241. Section 307.21, subsection 4, paragraphs a and 154 32 b, Code 2003, are amended to read as follows: 154 33 a. Provide centralized purchasing services for the 154 34 department, in cooperation with the department of general 154 35 services. The administrator shall, when the price is 155 1 reasonably competitive and the quality as intended, purchase 155 2 soybean-based inks and plastic products with recycled content, 155 3 including but not limited to plastic garbage can liners, and 155 4 shall purchase these items in accordance with the schedule 155 5 established in section18.188A.315. However, the 155 6 administrator need not purchase garbage can liners in 155 7 accordance with the schedule if the liners are utilized by a 155 8 facility approved by the environmental protection commission 155 9 created under section 455A.6, for purposes of recycling. For 155 10 purposes of this subsection, "recycled content" means that the 155 11 content of the product contains a minimum of thirty percent 155 12 postconsumer material. 155 13 b. The administrator shall do all of the following: 155 14 (1) Purchase and use recycled printing and writing paper 155 15 in accordance with the schedule established in section18.18155 16 8A.315. 155 17 (2) Establish a wastepaper recycling programby January 1,155 181990,in accordance with recommendations made by the 155 19 department of natural resources and the requirements of 155 20 section18.208A.329. 155 21 (3) Require in accordance with section18.68A.311 product 155 22 content statements and compliance with requirements regarding 155 23 procurement specifications. 155 24 (4) Comply with the requirements for the purchase of 155 25 lubricating oils, industrial oils, greases, and hydraulic 155 26 fluids as established pursuant to section18.228A.316. 155 27 Sec. 242. Section 307.21, unnumbered paragraph 2, Code 155 28 2003, is amended to read as follows: 155 29 The administrator of administrative services may purchase 155 30 items from the department ofgeneraladministrative services 155 31 and may cooperate with the director ofgeneralthe department 155 32 of administrative services by providingcentralizedpurchasing 155 33 services for the department ofgeneraladministrative 155 34 services. 155 35 Sec. 243. Section 313.4, subsection 3, Code 2003, is 156 1 amended to read as follows: 156 2 3. There is appropriated from funds appropriated to the 156 3 department which would otherwise revert to the primary road 156 4 fund pursuant to the provisions of the Act appropriating the 156 5 funds or chapter 8, an amount sufficient to pay the increase 156 6 in salaries, which increase is not otherwise provided for by 156 7 the general assembly in an appropriation bill, resulting from 156 8 the annual review of the merit pay plan as provided in 156 9subsection 2 ofsection19A.98A.413, subsection 2. The 156 10 appropriation herein provided shall be in effect from the 156 11 effective date of the revised pay plan to the end of the 156 12 fiscal biennium in which it becomes effective. 156 13 Sec. 244. Section 321.19, subsection 1, unnumbered 156 14 paragraph 2, Code 2003, is amended to read as follows: 156 15 The department shall furnish, on application, free of 156 16 charge, distinguishing plates for vehicles thus exempted, 156 17 which plates except plates on Iowa state patrol vehicles shall 156 18 bear the word "official" and the department shall keep a 156 19 separate record. Registration plates issued for Iowa state 156 20 patrol vehicles, except unmarked patrol vehicles, shall bear 156 21 two red stars on a yellow background, one before and one 156 22 following the registration number on the plate, which 156 23 registration number shall be the officer's badge number. 156 24 Registration plates issued for county sheriff's patrol 156 25 vehicles shall display one seven-pointed gold star followed by 156 26 the letter "S" and the call number of the vehicle. However, 156 27 the director ofgeneralthe department of administrative 156 28 services or the director of transportation may order the 156 29 issuance of regular registration plates for any exempted 156 30 vehicle used by peace officers in the enforcement of the law, 156 31 persons enforcing chapter 124 and other laws relating to 156 32 controlled substances, persons in the department of justice, 156 33 the alcoholic beverages division of the department of 156 34 commerce, disease investigators of the Iowa department of 156 35 public health, the department of inspections and appeals, and 157 1 the department of revenueand finance, who are regularly 157 2 assigned to conduct investigations which cannot reasonably be 157 3 conducted with a vehicle displaying "official" state 157 4 registration plates, persons in the lottery division of the 157 5 department of revenue and finance whose regularly assigned 157 6 duties relating to security or the carrying of lottery tickets 157 7 cannot reasonably be conducted with a vehicle displaying 157 8 "official" registration plates, and persons in the department 157 9 of economic development who are regularly assigned duties 157 10 relating to existing industry expansion or business 157 11 attraction. For purposes of sale of exempted vehicles, the 157 12 exempted governmental body, upon the sale of the exempted 157 13 vehicle, may issue for in-transit purposes a pasteboard card 157 14 bearing the words "Vehicle in Transit", the name of the 157 15 official body from which the vehicle was purchased, together 157 16 with the date of the purchase plainly marked in at least one- 157 17 inch letters, and other information required by the 157 18 department. The in-transit card is valid for use only within 157 19 forty-eight hours after the purchase date as indicated on the 157 20 bill of sale which shall be carried by the driver. 157 21 Sec. 245. Section 321.30, subsection 13, Code 2003, is 157 22 amended to read as follows: 157 23 13. The department or the county treasurer knows that an 157 24 applicant for renewal of a registration has a delinquent 157 25 account, charge, fee, loan, taxes, or other indebtedness owed 157 26 to or being collected by the state, from information received 157 27 pursuant tosectionsections 421.17 and 8A.504. An applicant 157 28 may contest this action by requesting a contested case 157 29 proceeding from the agency that referred the debt for 157 30 collection pursuant to section421.178A.504. This subsection 157 31 shall apply only to a renewal of registration and shall not 157 32 apply to the issuance of an original registration or to the 157 33 issuance of a certificate of title. 157 34 Sec. 246. Section 321.31, subsection 1, unnumbered 157 35 paragraph 3, Code 2003, is amended to read as follows: 158 1 The director shall maintain a records system of delinquent 158 2 accounts owed to the state using information provided through 158 3 the computerized data bank established in section 421.17. The 158 4 department and county treasurers shall use the information 158 5 maintained in the records system to determine if applicants 158 6 for renewal of registration have delinquent accounts, charges, 158 7 fees, loans, taxes, or other indebtedness owed to or being 158 8 collected by the state as provided pursuant to section421.17158 9 8A.504. The director, the director of the department of 158 10 administrative services, and the director of revenueand158 11financeshall establish procedures for updating the delinquent 158 12 accounts records to add and remove accounts, as applicable. 158 13 Sec. 247. Section 321.35, unnumbered paragraph 2, Code 158 14 2003, is amended to read as follows: 158 15 The department shall not enter into any contract requiring 158 16 an expenditure of at least five hundred thousand dollars for 158 17 the manufacture of motor vehicle registration plates to be 158 18 reissued to owners under this chapter unless competitive 158 19 bidding procedures as provided in chapter188A, article 3, 158 20 are followed. 158 21 Sec. 248. Section 321.40, unnumbered paragraph 6, Code 158 22 2003, is amended to read as follows: 158 23 The county treasurer shall refuse to renew the registration 158 24 of a vehicle registered to the applicant if the county 158 25 treasurer knows that the applicant has a delinquent account, 158 26 charge, fee, loan, taxes, or other indebtedness owed to or 158 27 being collected by the state, from information provided 158 28 pursuant tosectionsections 8A.504 and 421.17. An applicant 158 29 may contest this action by requesting a contested case 158 30 proceeding from the agency that referred the debt for 158 31 collection pursuant to section421.178A.504. 158 32 Sec. 249. Section 321.149, Code 2003, is amended to read 158 33 as follows: 158 34 321.149 BLANKS. 158 35 The department shall not later than November 15 of each 159 1 year prepare and furnish the treasurer of each county all 159 2 blank books, blank forms, and all supplies required for the 159 3 administration of this chapter, including applications for 159 4 registration and transfer of vehicles, quintuple receipts, and 159 5 original remittance sheets to be used in remitting fees to the 159 6 department, in such form as the department may prescribe. 159 7 Contracts for the blank books, blank forms, and supplies shall 159 8 be awarded by thestate printing administratordirector of the 159 9 department of administrative services to persons, firms, 159 10 partnerships, or corporations engaged in the business of 159 11 printing in Iowa unless, or through them, the persons, firms, 159 12 partnerships or corporations cannot provide the required 159 13 printing set forth in this section. In lieu of purchasing 159 14 under competitive bids thestate printing administrator159 15 director of the department of administrative services shall 159 16 have authority to arrange with the director of the department 159 17 of corrections to furnish the supplies as can be made in the 159 18 state institutions. 159 19 Sec. 250. Section 321.210B, Code 2003, is amended to read 159 20 as follows: 159 21 321.210B NONRENEWAL OR SUSPENSION FOR FAILURE TO PAY 159 22 INDEBTEDNESS OWED TO THE STATE. 159 23 The department shall suspend or refuse to renew the 159 24 driver's license of a person who has a delinquent account owed 159 25 to the state according to records provided by the department 159 26 of revenueand financepursuant to section 421.17. A license 159 27 shall be suspended or shall not be renewed until such time as 159 28 the department ofrevenue and financeadministrative services 159 29 notifies the state department of transportation that the 159 30 licensee has made arrangements for payment of the debt with 159 31 the agency which is owed or is collecting the debt. This 159 32 section is only applicable to those persons residing in a 159 33 county which is participating in the driver's license 159 34 indebtedness clearance pilot project. 159 35 Sec. 251. Section 331.502, subsection 3, Code 2003, is 160 1 amended by striking the subsection. 160 2 Sec. 252. Section 331.552, subsection 5, Code 2003, is 160 3 amended to read as follows: 160 4 5. Account for, report, and pay into the state treasury 160 5 any money, property, or securities received on behalf of the 160 6 state as provided in sections421.328A.506 to421.348A.508. 160 7 Sec. 253. Section 405A.10, Code 2003, is amended to read 160 8 as follows: 160 9 405A.10 FRANCHISE TAX REVENUE ALLOCATION. 160 10 For the fiscal year beginning July 1, 1997, and each 160 11 subsequent fiscal year, there is appropriated from the general 160 12 fund of the state to the department of revenue and finance the 160 13 sum of eight million eight hundred thousand dollars which 160 14 shall be paid quarterly on warrants by the director of the 160 15 department of administrative services as allocated pursuant to 160 16 section 422.65. 160 17 Sec. 254. Section 421.17, subsections 21, 23, 24, 25, 26, 160 18 28, 29, 30, and 33, Code 2003, are amended by striking the 160 19 subsections. 160 20 Sec. 255. Section 422.12A, subsection 2, Code 2003, is 160 21 amended to read as follows: 160 22 2. The director of revenueand financeshall draft the 160 23 income tax form to allow the designation of contributions to 160 24 the keep Iowa beautiful fund on the tax return. The 160 25 department of revenueand finance, on or before January 31, 160 26 shall certify the total amount designated on the tax return 160 27 forms due in the preceding calendar year and shall report the 160 28 amount to the treasurer of state. The treasurer of state 160 29 shall credit the amount to the keep Iowa beautiful fund. 160 30 However, before a checkoff pursuant to this section shall be 160 31 permitted, all liabilities on the books of the department of 160 32 revenueand financeand accounts identified as owing under 160 33 section 421.17 and the political contribution allowed under 160 34 section 56.18 shall be satisfied. 160 35 Sec. 256. Section 422.20, subsection 3, unnumbered 161 1 paragraph 1, Code 2003, is amended to read as follows: 161 2 Unless otherwise expressly permitted by section 8A.504, 161 3 section 421.17, subsections21,22, 22A,23, 25, 29,and 32, 161 4 sections 252B.9, 421.19, 421.28, 422.72, and 452A.63, and this 161 5 section, a tax return, return information, or investigative or 161 6 audit information shall not be divulged to any person or 161 7 entity, other than the taxpayer, the department, or internal 161 8 revenue service for use in a matter unrelated to tax 161 9 administration. 161 10 Sec. 257. Section 422.72, subsection 3, unnumbered 161 11 paragraph 1, Code 2003, is amended to read as follows: 161 12 Unless otherwise expressly permitted by section 8A.504, 161 13 section 421.17, subsections21,22, 22A,23, 25, 29,and 32, 161 14 sections 252B.9, 421.19, 421.28, 422.20, and 452A.63, and this 161 15 section, a tax return, return information, or investigative or 161 16 audit information shall not be divulged to any person or 161 17 entity, other than the taxpayer, the department, or internal 161 18 revenue service for use in a matter unrelated to tax 161 19 administration. 161 20 Sec. 258. Section 425.1, subsection 1, Code 2003, is 161 21 amended to read as follows: 161 22 1. A homestead credit fund is created. There is 161 23 appropriated annually from the general fund of the state to 161 24 the department of revenueand financeto be credited to the 161 25 homestead credit fund, an amount sufficient to implement this 161 26 chapter. 161 27 The director ofrevenue and financethe department of 161 28 administrative services shall issue warrants on the homestead 161 29 credit fund payable to the county treasurers of the several 161 30 counties of the state under this chapter. 161 31 Sec. 259. Section 432.13, unnumbered paragraph 2, Code 161 32 2003, is amended to read as follows: 161 33 Premiums received for benefits acquired by the department 161 34 ofpersonneladministrative services on behalf of state 161 35 employees pursuant to section19A.18A.402, subsection21, 162 1 are exempt from premium tax. 162 2 Sec. 260. Section 450.84, Code 2003, is amended to read as 162 3 follows: 162 4 450.84 COSTS CHARGED AGAINST ESTATE – EXCEPTIONS. 162 5 If an estate or interest in an estate passes so as to be 162 6 liable to taxation under this chapter, all costs of the 162 7 proceedings for the assessment of the tax are chargeable to 162 8 the estate as other costs in probate proceedings and, to 162 9 discharge the lien, all costs as well as the taxes must be 162 10 paid. In all other cases the costs are to be paid as ordered 162 11 by the court. When a decision adverse to the state has been 162 12 rendered, with an order that the state pay the costs, the 162 13 clerk of the court in which the action was pending shall 162 14 certify the amount of the costs to the director of revenueand162 15finance, who shall, if the costs are correctly certified and 162 16 the case has been finally terminated and the tax, if any is 162 17 due, has been paid, audit the claim and direct the department 162 18 of administrative services to issue a warrant on the treasurer 162 19 of state in payment of the costs. 162 20 Sec. 261. Section 452A.77, unnumbered paragraph 1, Code 162 21 2003, is amended to read as follows: 162 22 All fees, taxes, interest and penalties imposed under this 162 23 chapter must be paid to the department of revenueand finance162 24 or the state department of transportation, whichever is 162 25 responsible for the collection. The appropriate state agency 162 26 shall transmit each payment daily to the treasurer of state. 162 27 Such payments shall be deposited by the treasurer of state in 162 28 a fund, hereby created, within the state treasury which shall 162 29 be known as the "motor fuel tax fund," the net proceeds of 162 30 which fund, after deductions by lawful transfers and refunds, 162 31 shall be known as the "motor vehicle fuel tax fund". The 162 32 department of revenueand financeand the state department of 162 33 transportation shall certify monthly to the director of 162 34revenue and financethe department of administrative services 162 35 amounts of refunds of tax approved during each month, and the 163 1 director ofrevenue and financethe department of 163 2 administrative services shall draw warrants in such amounts on 163 3 the motor fuel tax fund and transmit them. There is hereby 163 4 appropriated out of the money received under the provisions of 163 5 this chapter and deposited in the motor fuel tax fund 163 6 sufficient funds to pay such refunds as may be authorized in 163 7 this chapter. 163 8 Sec. 262. Section 455A.4, subsection 1, paragraph e, Code 163 9 2003, is amended to read as follows: 163 10 e. Employ personnel as necessary to carry out the 163 11 functions vested in the department consistent with chapter19A163 12 8A, article 4, unless the positions are exempt from that 163 13chapterarticle. 163 14 Sec. 263. Section 455G.3, subsection 5, Code 2003, is 163 15 amended to read as follows: 163 16 5. For purposes of payment of refunds of the environmental 163 17 protection charge under section 424.15 by the department of 163 18 revenueand finance, the treasurer of state shall allocate to 163 19 the department ofrevenue and financeadministrative services 163 20 the total amount budgeted by the fund's board for 163 21 environmental protection charge refunds. Any unused funds 163 22 shall be remitted to the treasurer of state. 163 23 Sec. 264. Section 459.505, subsection 2, paragraph b, Code 163 24 2003, is amended to read as follows: 163 25 b. Obtain a lower fixed amount bid for the work from 163 26 another qualified person, other than a governmental entity, 163 27 and pay the amount of the claim required in this section, 163 28 based on the fixed amount in this bid upon completion of the 163 29 work. The department is not required to comply with section 163 3018.68A.311 in implementing this section. 163 31 Sec. 265. Section 474.1, unnumbered paragraph 2, Code 163 32 2003, is amended to read as follows: 163 33 The utilities board shall organize by appointing an 163 34 executive secretary, who shall take the same oath as the 163 35 members. The board shall set the salary of the executive 164 1 secretary within the limits of the pay plan for exempt 164 2 positions provided for in section19A.98A.413, subsection 2, 164 3 unless otherwise provided by the general assembly. The board 164 4 may employ additional personnel as it finds necessary. 164 5 Subject to confirmation by the senate, the governor shall 164 6 appoint a member as the chairperson of the board. The 164 7 chairperson shall be the administrator of the utilities 164 8 division. The appointment as chairperson shall be for a two- 164 9 year term which begins and ends as provided in section 69.19. 164 10 Sec. 266. Section 474.10, Code 2003, is amended to read as 164 11 follows: 164 12 474.10 GENERAL COUNSEL. 164 13 The board shall employ a competent attorney to serve as its 164 14 general counsel, and assistants to the general counsel as it 164 15 finds necessary for the full and efficient discharge of its 164 16 duties. The general counsel is the attorney for, and legal 164 17 advisor of, the board and is exempt from the merit system 164 18 provisions of chapter19A8A, article 4. Assistants to the 164 19 general counsel are subject to the merit system provisions of 164 20 chapter19A8A, article 4. The general counsel or an 164 21 assistant to the general counsel shall provide the necessary 164 22 legal advice to the board in all matters and represent the 164 23 board in all actions instituted in a state or federal court 164 24 challenging the validity of a rule or order of the board. The 164 25 existence of a fact which disqualifies a person from election 164 26 or from acting as a utilities board member disqualifies the 164 27 person from employment as general counsel or assistant general 164 28 counsel. The general counsel shall devote full time to the 164 29 duties of the office. During employment the counsel shall not 164 30 be a member of a political committee, contribute to a 164 31 political campaign fund other than through the income tax 164 32 checkoff for contributions to the Iowa election campaign fund 164 33 and the presidential election campaign fund, participate in a 164 34 political campaign, or be a candidate for a political office. 164 35 Sec. 267. Section 475A.3, subsection 2, Code 2003, is 165 1 amended to read as follows: 165 2 2. EMPLOYEES. The consumer advocate may employ attorneys, 165 3 legal assistants, secretaries, clerks, and other employees the 165 4 consumer advocate finds necessary for the full and efficient 165 5 discharge of the duties and responsibilities of the office. 165 6 The consumer advocate may employ consultants as expert 165 7 witnesses or technical advisors pursuant to contract as the 165 8 consumer advocate finds necessary for the full and efficient 165 9 discharge of the duties of the office. Employees of the 165 10 consumer advocate division, other than the consumer advocate, 165 11 are subject to merit employment, except as provided in section 165 1219A.38A.412. 165 13 Sec. 268. Section 502.601, subsection 1, Code 2003, is 165 14 amended to read as follows: 165 15 1. This chapter shall be administered by the commissioner 165 16 of insurance of the state of Iowa. The administrator shall 165 17 appoint a deputy administrator who shall be exempt from the 165 18 merit system provided for in chapter19A8A, article 4. The 165 19 deputy administrator is the principal operations officer of 165 20 the securities bureau and is responsible to the administrator 165 21 for the routine administration of the chapter and the 165 22 management of the securities bureau. In the absence of the 165 23 administrator, whether because of vacancy in the office, by 165 24 reason of absence, physical disability, or other cause, the 165 25 deputy administrator shall be the acting administrator and 165 26 shall, for the time being, have and exercise the authority 165 27 conferred upon the administrator. The administrator may by 165 28 order from time to time delegate to the deputy administrator 165 29 any or all of the functions assigned to the administrator in 165 30 this chapter. The administrator shall employ officers, 165 31 attorneys, accountants, and other employees as needed for the 165 32 administration of the chapter. 165 33 Sec. 269. Section 505.4, unnumbered paragraph 2, Code 165 34 2003, is amended to read as follows: 165 35 The commissioner may appoint a deputy commissioner for 166 1 supervision whom the commissioner may appoint as supervisory 166 2 or special deputy pursuant to chapter 507C and who shall 166 3 perform such other duties as may be assigned by the 166 4 commissioner. The deputy commissioner for supervision shall 166 5 receive a salary to be fixed by the commissioner. The deputy 166 6 commissioner for supervision shall beanexemptemployeefrom 166 7 the merit system provisions of chapter 8A, article 4, under 166 8 section19A.38A.412, subsection 17. 166 9 Sec. 270. Section 507.5, Code 2003, is amended to read as 166 10 follows: 166 11 507.5 CHIEF EXAMINER. 166 12 The commissioner may appoint a chief examiner who shall 166 13 supervise insurance company examinations and perform such 166 14 other duties as may be assigned by the commissioner. The 166 15 chief examiner shall receive a salary to be fixed by the 166 16 commissioner. The chief examiner shall beanexemptemployee166 17 from the merit system provisions of chapter 8A, article 4, 166 18 under section19A.38A.412, subsection 17. 166 19 Sec. 271. Section 602.1204, subsection 3, Code 2003, is 166 20 amended to read as follows: 166 21 3. The supreme court shall compile and publish all 166 22 procedures and directives relating to the supervision and 166 23 administration of the internal affairs of the judicial branch, 166 24 and shall distribute a copy of the compilation and all 166 25 amendments to each operating component of the judicial branch. 166 26Copies also shall be distributed to agencies referred to in166 27section 18.97 upon request.166 28 Sec. 272. Section 602.8102, subsection 58A, Code 2003, is 166 29 amended to read as follows: 166 30 58A. Assist the department ofrevenue and finance166 31 administrative services in setting off against debtors' income 166 32 tax refunds or rebates under section421.17, subsection 25166 33 8A.504, debts which are due, owing, and payable to the clerk 166 34 of the district court as criminal fines, civil penalties, 166 35 surcharges, or court costs. 167 1 Sec. 273. Section 602.8107, subsection 4, unnumbered 167 2 paragraph 2, Code 2003, is amended to read as follows: 167 3 This subsection does not apply to amounts collected for 167 4 victim restitution, the victim compensation fund, criminal 167 5 penalty surcharge, law enforcement initiative surcharge, 167 6 amounts collected as a result of procedures initiated under 167 7 subsection 5 or under section421.17, subsection 258A.504, or 167 8 sheriff's room and board fees. 167 9 Sec. 274. Section 618.11, Code 2003, is amended to read as 167 10 follows: 167 11 618.11 FEES FOR PUBLICATION. 167 12 The compensation, when not otherwise fixed, for the 167 13 publication in a newspaper of any notice, order, citation, or 167 14 other publication required or allowed by law shall be at a 167 15 rate of thirty-four cents for one insertion and twenty-three 167 16 cents for each subsequent insertion for each line of eight 167 17 point type two inches in length, or its equivalent. Beginning 167 18 June 1, 2001, and each June 1 thereafter, thestate printing167 19administratordirector of the department of administrative 167 20 services shall calculate a new rate for the following fiscal 167 21 year as prescribed in this section, and shall publish this 167 22 rate as a notice in the Iowa administrative bulletin prior to 167 23 the first day of the following calendar month. The new rate 167 24 shall be effective on the first day of the calendar month 167 25 following its publication. The rate shall be calculated by 167 26 applying the percentage change in the consumer price index for 167 27 all urban consumers for the last available twelve-month period 167 28 published in the federal register by the federal department of 167 29 labor, bureau of labor statistics, to the existing rate as an 167 30 increase or decrease in the rate rounded to the nearest one- 167 31 tenth of a cent. The calculation and publication of the rate 167 32 by thestate printing administratordirector of the department 167 33 of administrative services shall be exempt from the provisions 167 34 of chapters 17A and 25B. 167 35 Sec. 275. Section 625.29, subsection 1, paragraph g, Code 168 1 2003, is amended to read as follows: 168 2 g. The proceeding involved the department ofpersonnel168 3underadministrative services under chapter19A8A, article 4. 168 4 Sec. 276. Section 691.1, Code 2003, is amended to read as 168 5 follows: 168 6 691.1 LABORATORY CREATED. 168 7 There is hereby created under the control, direction and 168 8 supervision of the commissioner of public safety a state 168 9 criminalistics laboratory. The commissioner of public safety 168 10 may assign the criminalistics laboratory to a division or 168 11 bureau within the public safety department. The laboratory 168 12 shall, within its capabilities, conduct analyses, comparative 168 13 studies, fingerprint identification, firearms identification, 168 14 questioned documents studies, and other studies normally 168 15 performed by a criminalistics laboratory when requested by a 168 16 county attorney, medical examiner, or law enforcement agency 168 17 of this state to aid in any criminal investigation. Agents of 168 18 the division of criminal investigation and bureau of 168 19 identification may be assigned to the criminalistics 168 20 laboratory by the commissioner. New employees shall be 168 21 appointed pursuant to chapter19A8A, article 4, and need not 168 22 qualify as agents for the division of criminal investigation 168 23 and bureau of identification, and shall not participate in the 168 24 peace officers' retirement plan established pursuant to 168 25 chapter 97A. 168 26 Sec. 277. Section 809A.17, subsection 4, Code 2003, is 168 27 amended to read as follows: 168 28 4. Forfeited property which is not used by the department 168 29 of justice in the enforcement of the law may be requisitioned 168 30 by the department of public safety or any law enforcement 168 31 agency within the state for use in enforcing the criminal laws 168 32 of this state. Forfeited property not requisitioned may be 168 33 delivered to the director of the department of general 168 34 services to be disposed of in the same manner as property 168 35 received pursuant to section18.158A.325. 169 1 Sec. 278. Section 904.108, subsection 1, paragraph e, Code 169 2 2003, is amended to read as follows: 169 3 e. Employ, assign, and reassign personnel as necessary for 169 4 the performance of duties and responsibilities assigned to the 169 5 department. Employees shall be selected on the basis of 169 6 fitness for work to be performed with due regard to training 169 7 and experience and are subject to chapter19A8A, article 4. 169 8 Sec. 279. Section 904.108, subsection 3, Code 2003, is 169 9 amended to read as follows: 169 10 3. The director may establish a sales bonus system for the 169 11 sales representatives for prison industry products. If a 169 12 sales bonus system is established, the system shall not affect 169 13 the status of the sales representatives under chapter19A8A, 169 14 article 4. 169 15 Sec. 280. Section 904.303, unnumbered paragraph 1, Code 169 16 2003, is amended to read as follows: 169 17 The director shall determine the number and compensation of 169 18 subordinate officers and employees for each institution 169 19 subject to chapter19A8A, article 4. Subject to this 169 20 chapter, the officers and employees shall be appointed and 169 21 discharged by the superintendent who shall keep in the record 169 22 of each subordinate officer and employee, the date of 169 23 employment, the compensation, and the date of and the reasons 169 24 for each discharge. 169 25 Sec. 281. Section 904.312B, Code 2003, is amended to read 169 26 as follows: 169 27 904.312B PURCHASE OF BIO-BASED HYDRAULIC FLUIDS, GREASES, 169 28 AND OTHER INDUSTRIAL LUBRICANTS. 169 29 The department when purchasing hydraulic fluids, greases, 169 30 and other industrial lubricants shall give preference to 169 31 purchasing bio-based hydraulic fluids, greases, and other 169 32 industrial lubricants as provided in section18.228A.316. 169 33 Sec. 282. Section 904.315, unnumbered paragraph 1, Code 169 34 2003, is amended to read as follows: 169 35 The director of the department ofgeneraladministrative 170 1 services shall, in writing, let all contracts for authorized 170 2 improvements costing in excess of twenty-five thousand dollars 170 3 under chapter188A, article 3. Upon prior authorization by 170 4 the director, improvements costing five thousand dollars or 170 5 less may be made by the superintendent of any institution. 170 6 Sec. 283. Section 904.706, unnumbered paragraph 1, Code 170 7 2003, is amended to read as follows: 170 8 A revolving farm fund is created in the state treasury in 170 9 which the department shall deposit receipts from agricultural 170 10 products, nursery stock, agricultural land rentals, and the 170 11 sale of livestock. However, before any agricultural operation 170 12 is phased out, the department which proposes to discontinue 170 13 this operation shall notify the governor, chairpersons and 170 14 ranking members of the house and senate appropriations 170 15 committees, and cochairpersons and ranking members of the 170 16 subcommittee in the senate and house of representatives which 170 17 has handled the appropriation for this department in the past 170 18 session of the general assembly. Before the department sells 170 19 farmland under the control of the department, the director 170 20 shall notify the governor, chairpersons and ranking members of 170 21 the house and senate appropriations committees, and 170 22 cochairpersons and ranking members of the joint appropriations 170 23 subcommittee that handled the appropriation for the department 170 24 during the past session of the general assembly. The 170 25 department may pay from the fund for the operation, 170 26 maintenance, and improvement of farms and agricultural or 170 27 nursery property under the control of the department. A 170 28 purchase order for five thousand dollars or less payable from 170 29 the fund is exempt from the general purchasing requirements of 170 30 chapter188A, article 3. Notwithstanding section 8.33, 170 31 unencumbered or unobligated receipts in the revolving farm 170 32 fund at the end of a fiscal year shall not revert to the 170 33 general fund of the state. 170 34 Sec. 284. Section 904.808, subsection 1, paragraph b, Code 170 35 2003, is amended to read as follows: 171 1 b. When the state director releases, in writing, the 171 2 obligation of the department or agency to purchase the product 171 3 from Iowa state industries, after determining that Iowa state 171 4 industries is unable to meet the performance characteristics 171 5 of the purchase request for the product, and a copy of the 171 6 release is attached to the request to the director ofrevenue171 7and financethe department of administrative services for 171 8 payment for a similar product, or when Iowa state industries 171 9 is unable to furnish needed products, comparable in both 171 10 quality and price to those available from alternative sources, 171 11 within a reasonable length of time. Any disputes arising 171 12 between a purchasing department or agency and Iowa state 171 13 industries regarding similarity of products, or comparability 171 14 of quality or price, or the availability of the product, shall 171 15 be referred to the director of the department ofgeneral171 16 administrative services, whose decision shall be subject to 171 17 appeal as provided in section18.78A.313. However, if the 171 18 purchasing department is the department ofgeneral171 19 administrative services, any matter which would be referred to 171 20 the director under this paragraph shall be referred to the 171 21 executive council in the same manner as if the matter were to 171 22 be heard by the director of the department ofgeneral171 23 administrative services. The decision of the executive 171 24 council is final. 171 25 Sec. 285. Section 904A.4B, subsection 3, Code 2003, is 171 26 amended to read as follows: 171 27 3. Hire and supervise all of the board's staff pursuant to 171 28 the provisions of chapter19A8A, article 4. 171 29 Sec. 286. AMENDMENTS CHANGING TERMINOLOGY – DIRECTIVE TO 171 30 CODE EDITOR. Except as otherwise provided in this Act: 171 31 1. a. The Iowa Code editor is directed to strike the 171 32 words "information technology department" and insert the words 171 33 "department of administrative services" wherever the words 171 34 "information technology department" appear in the Iowa Code 171 35 unless a contrary intent is clearly evident. 172 1 b. The Iowa Code editor is directed to strike the words 172 2 "director of the information technology department" or 172 3 "information technology department director" and insert the 172 4 words "director of the department of administrative services" 172 5 wherever the words "director of the information technology 172 6 department" or "information technology department director" 172 7 appear in the Iowa Code unless a contrary intent is clearly 172 8 evident. 172 9 2. a. The Iowa Code editor is directed to strike the 172 10 words "department of general services" and insert the words 172 11 "department of administrative services" wherever the words 172 12 "department of general services" appear in the Iowa Code 172 13 unless a contrary intent is clearly evident. 172 14 b. The Iowa Code editor is directed to strike the words 172 15 "director of the department of general services" or "general 172 16 services department director" and insert the words "director 172 17 of the department of administrative services" wherever the 172 18 words "director of the department of general services" or 172 19 "general services department director" appear in the Iowa Code 172 20 unless a contrary intent is clearly evident. 172 21 3. a. The Iowa Code editor is directed to strike the 172 22 words "department of personnel" and insert the words 172 23 "department of administrative services" wherever the words 172 24 "department of personnel" appear in the Iowa Code unless a 172 25 contrary intent is clearly evident. 172 26 b. The Iowa Code editor is directed to strike the words 172 27 "director of the department of personnel" or "personnel 172 28 department director" and insert the words "director of the 172 29 department of administrative services" wherever the words 172 30 "director of the department of personnel" or "personnel 172 31 department director" appear in the Iowa Code unless a contrary 172 32 intent is clearly evident. 172 33 4. a. Sections 1.15, 2.10, subsection 4, 2.12, 2.13, 172 34 2B.10, subsection 4, 7.13, 7D.13, 7D.14, 8.35A, 11.20, 12.3, 172 35 12.4, 12.5, 12.6, 12.8, 12.15, 12.26, 12B.16, 12B.17, 12B.18, 173 1 15.354, 15E.112, 15E.117, 16.31, 17A.4, 25.2, 29C.14, 35.10, 173 2 49A.9, 53.50, 56.3A, 56.22, 56.23, 74.9, 96.7, subsection 7, 173 3 96.9, 96.14, 97.51, 97A.8, 97A.11, 97B.7, 97B.33, 100B.11, 173 4 123.53, 152.3, 159.21, 159.23, 159A.7, 161.7, 161C.5, 173 5 169A.13A, 175.22, subsection 3, 179.5, 186.5, 218.50, 218.57, 173 6 218.86, 218.87, 225.22, 225.23, 225.28, 225.30, 225C.12, 173 7 227.7, 229.35, 233B.14, 234.6, 249.8, 251.5, 255.24, 255.26, 173 8 257B.11, 257B.18, 257B.35, 257B.37, 257B.39, 257B.40, 257B.42, 173 9 257C.9, subsection 3, 261.4, 262.22, 262.29, 270.5, 270.6, 173 10 270.7, 272.11, 272C.7, 298.11, 304A.29, 310.7, 313.18, 313.19, 173 11 313.20, 313.28, 314.3, 315.7, 324A.5, 331.555, 452A.72, 173 12 455B.107, 455B.183A, 455B.246, 456A.19, 456A.21, 459.401, 173 13 459.501, 460.303, 473.11, 504A.63, 515.129, 518B.2, 518B.5, 173 14 524.209, 533.62, 534.403, 546.10, 568.16, 568.20, 568.24, 173 15 569.4, 602.1304, 602.9109, 641.5, 663.44, 679B.7, 820.24, and 173 16 904.311, Code 2003, are amended by striking from the 173 17 applicable section or subsection the words "director of 173 18 revenue and finance" and inserting in lieu thereof the 173 19 following: "director of the department of administrative 173 20 services". 173 21 b. Sections 2.49, subsection 5, 8.34, 8.61, 8D.13, 173 22 subsection 11, 11.28, 12.6, 12.14, 12.28, 12B.2, 12B.17, 173 23 16.31, 16A.13, 22.7, subsection 32, 25.6, 74.9, 100B.11, 173 24 175.22, 179.5, 181.13, 183A.7, 184.13, 184A.4, 185.26, 173 25 185C.26, 252B.22, 255.24A, 256.12, 256.19, 256.20, 256D.4, 173 26 257.32, 257B.1B, 257C.9, subsection 4, 260C.18B, subsection 4, 173 27 260C.24, 282.28, 282.31, 283.1, 285.2, 294A.6, 294A.9, 173 28 294A.22, 303.14, 313.7, 405A.9, 455G.5, 541A.3, 541A.5, 173 29 602.8102, subsection 4, 602.9104, 633.545, 804.28, and 173 30 904.507A, Code 2003, are amended by striking from the sections 173 31 the words "department of revenue and finance" and inserting in 173 32 lieu thereof the following: "department of administrative 173 33 services". 173 34 c. Except as otherwise provided in this Act, the Iowa Code 173 35 editor is directed to strike the words "revenue and finance" 174 1 and insert the word "revenue" wherever the words "revenue and 174 2 finance" appear in the Iowa Code and the reference to "revenue 174 3 and finance" means the department of revenue and finance or 174 4 the director of revenue and finance unless a contrary intent 174 5 is clearly evident. 174 6 5. a. Except as otherwise provided in this Act, the Iowa 174 7 Code editor is directed to strike the words "division" and 174 8 "division's" and insert the words "system" and "system's" 174 9 wherever the words "division" and "division's" appear in 174 10 chapter 97B of the Iowa Code and the reference means the Iowa 174 11 public employee's retirement system division of the department 174 12 of personnel unless a contrary intent is clearly evident. 174 13 b. Except as otherwise provided in this Act, the Iowa Code 174 14 editor is directed to strike the word "system" and insert the 174 15 words "retirement system" in the following sections wherever 174 16 "system" but not "retirement system" appears in chapter 97B of 174 17 the Iowa Code and the reference means the retirement plan 174 18 established under chapter 97B: 174 19 Sections 97B.1A, subsections 3, 7, 9, 11, 14, 26; 97B.4; 174 20 97B.7A, subsection 1; 97B.8A, subsection 3, paragraph "b", 174 21 97B.8A, subsections 4 and 5; 97B.8B; 97B.11; 97B.17; 97B.42A, 174 22 subsections 3, 4, and 5; 97B.49F; 97B.49G; 97B.49H; 97B.50; 174 23 97B.50A, subsections 2 and 3; 97B.52A, subsection 3; 97B.53, 174 24 unnumbered paragraph 1; 97B.65; 97B.66; 97B.72; 97B.72A; 174 25 97B.73; 97B.73A; 97B.74; 97B.80; 97B.80A; 97B.80B; 97B.80C; 174 26 97B.81; 97B.82. 174 27 Sec. 287. ADMINISTRATIVE RULES – TRANSITION PROVISIONS. 174 28 1. Any rule, regulation, form, order, or directive 174 29 promulgated by any state agency mentioned in this Act, 174 30 including any agency abolished, merged, or altered in this 174 31 Act, and in effect on the effective date of this Act shall 174 32 continue in full force and effect until amended, repealed, or 174 33 supplemented by affirmative action of the appropriate state 174 34 agency under the duties and powers of state agencies as 174 35 established in this Act and under the procedure established in 175 1 subsection 2. 175 2 Any license or permit issued by any state agency mentioned 175 3 in this Act, including any agency abolished, merged, or 175 4 altered in this Act, and in effect on the effective date of 175 5 this Act shall continue in full force and effect until 175 6 expiration or renewal. 175 7 2. In regard to updating references and format in the Iowa 175 8 administrative code in order to correspond to the 175 9 restructuring of state government as established in this Act, 175 10 the administrative rules coordinator and the administrative 175 11 rules review committee, in consultation with the 175 12 administrative code editor, shall jointly develop a schedule 175 13 for the necessary updating of the Iowa administrative code. 175 14 Sec. 288. MISCELLANEOUS TRANSITION PROVISIONS. 175 15 1. Any personnel in the state merit system of employment 175 16 who are mandatorily transferred due to the effect of this Act 175 17 shall be so transferred without any loss in salary, benefits, 175 18 or accrued years of service. 175 19 2. Any funds in any account or fund of a department 175 20 eliminated due to the effect of this Act shall be transferred 175 21 to the comparable fund or account as provided by this Act. 175 22 3. Any cause of action or statute of limitation relating 175 23 to a department or division transferred to another department 175 24 or division as provided by this Act shall not be affected as a 175 25 result of the transfer and such cause or statute of limitation 175 26 shall apply to the successor department or division. 175 27 4. Any replacement of signs, logos, stationery, insignia, 175 28 uniforms, and related items that is made due to the effect of 175 29 this Act should be done as part of the normal replacement 175 30 cycle for such items. 175 31 Sec. 289. 175 32 1. Sections 7A.15, 7A.16, 7A.17, 7A.18, 7A.19, 7A.21, 175 33 7A.22, 7A.25, 7A.26, 7D.33, 218.89, 421.6, 421.31, 421.32, 175 34 421.33, 421.34, 421.35, 421.36, 421.37, 421.38, 421.39, 175 35 421.40, 421.41, 421.42, 421.43, 421.44, 421.45, Code 2003, are 176 1 repealed. 176 2 2. Chapters 14B, 18, and 19A, Code 2003, are repealed. 176 3 Sec. 290. EFFECTIVE DATE. The sections of this Act 176 4 amending sections 8.63 and 70A.38, and enacting section 176 5 8A.204, being deemed of immediate importance, take effect upon 176 6 enactment. 176 7 EXPLANATION 176 8 This bill provides for the reorganization of certain 176 9 departments of state government by establishing a new 176 10 department of administrative services. The bill eliminates 176 11 the departments of personnel, general services, and 176 12 information technology, and the directors of those 176 13 departments, and transfers most of the functions and duties of 176 14 those departments and directors to the new department and its 176 15 director. The finance functions of the department of revenue 176 16 and finance are also transferred to the new department and the 176 17 current department of revenue and finance is renamed the 176 18 department of revenue. The bill also establishes the Iowa 176 19 public employees' retirement system as an independent agency 176 20 of the executive branch of state government and transfers 176 21 responsibility related to the peace officers' retirement, 176 22 accident, and disability retirement system (PORS) from the 176 23 department of personnel to the department of public safety. 176 24 DIVISION I – DEPARTMENT OF ADMINISTRATIVE SERVICES 176 25 OVERVIEW 176 26 New Code chapter 8A is established by the bill and provides 176 27 for the duties and responsibilities of the new department. 176 28 The Code chapter is divided into four articles. Article 1 of 176 29 the new Code chapter provides for the establishment of the 176 30 department, the appointment and duties of the director as it 176 31 relates to the entire department, and other provisions 176 32 governing the entire department. Article 2 of the new Code 176 33 chapter establishes the information technology duties of the 176 34 department which are currently the primary responsibility of 176 35 the information technology department under Code chapter 14B. 177 1 Article 3 of the new Code chapter establishes the duties of 177 2 the new department as it relates to the physical resources of 177 3 state government. This article encompasses much of the 177 4 current functions performed by the department of general 177 5 services as provided in Code chapter 18. Article 4 of the new 177 6 Code chapter establishes the duties of the new department as 177 7 it relates to the human resources of state government. This 177 8 article includes most of the functions performed by the 177 9 department of personnel as provided in Code chapter 19A. 177 10 Finally, article 5 of the new Code chapter establishes the 177 11 duties of the new department as it relates to the financial 177 12 administration of state government and encompasses most of the 177 13 finance duties performed by the department of revenue and 177 14 finance under Code chapter 421. 177 15 ARTICLE 1 – CREATION OF NEW DEPARTMENT 177 16 Article 1 of the bill establishes the new department of 177 17 administrative services (DAS) and provides for the 177 18 appointment, qualifications, and pay of the director of the 177 19 department. Definitions applicable to the new chapter are 177 20 provided and the current definition of government entity in 177 21 Code section 14B.101 is expanded to include associations and 177 22 organizations whose membership consists primarily of units of 177 23 government. The bill provides that the director shall be 177 24 appointed by the governor, subject to senate confirmation, and 177 25 shall serve at the pleasure of the governor. The article 177 26 provides for the duties and powers of the director as it 177 27 relates to the operation of the new department. The current 177 28 requirement that the director of the department of general 177 29 services shall not have any pecuniary interest in contracts 177 30 for supplies furnished to the state is made applicable to the 177 31 director of DAS. Current public records provisions applicable 177 32 to the department of personnel and information technology are 177 33 merged and included in this article. However, the public 177 34 records section does provide that financial and other business 177 35 plans relating to commercial operations conducted by the 178 1 department are not required to be released by the department. 178 2 New Code section 8A.111 allows the new department to establish 178 3 revolving funds to provide for services as permitted by the 178 4 new Code chapter. The director is required to submit annual 178 5 business and financial plans to the governor and general 178 6 assembly concerning the use of the revolving funds to provide 178 7 for services and to also provide an annual report indicating 178 8 what activities of the department are funded from revolving 178 9 funds. New Code section 8A.112 grants the director the 178 10 authority to employ such additional personnel as necessary to 178 11 perform duties as authorized by the new Code chapter if the 178 12 cost of such personnel is reimbursed and the director is 178 13 required to submit a report to the general assembly concerning 178 14 additional personnel employed pursuant to this authority. New 178 15 Code section 8A.113 grants the new department the authority to 178 16 bill for services provided to governmental entities and 178 17 includes a provision permitting payments by credit card that 178 18 is currently applicable to the information technology 178 19 department (Code section 14B.205). The responsibility for the 178 20 state employee suggestion program is transferred from the 178 21 executive council and the department of management to the new 178 22 department as provided in new Code section 8A.114 and the 178 23 maximum possible award for a suggestion is raised from $2,500 178 24 to $10,000. New Code section 8A.115 provides for an 178 25 appropriation from the general fund of the state to the new 178 26 department for any outstanding debts or liabilities of the 178 27 department that may result if a service provided by the 178 28 department and funded from a revolving fund ceases to be 178 29 provided. 178 30 ARTICLE 2 – INFORMATION TECHNOLOGY 178 31 Article 2 of the new Code chapter includes most of the 178 32 provisions currently applicable to the information technology 178 33 department as provided in current Code chapter 14B which is 178 34 repealed by this bill. The director of the department of 178 35 information technology is eliminated by the bill and many of 179 1 the duties and responsibilities of that director are 179 2 transferred to the DAS director. 179 3 However, the bill does eliminate or modify several current 179 4 Code provisions as it relates to information technology. 179 5 The bill eliminates provisions relating to the 179 6 establishment of departmental divisions and a digital 179 7 government bureau within the current information technology 179 8 department. The specific requirement to do an annual 179 9 financial audit of the information technology department is 179 10 eliminated and not made a requirement of the new department. 179 11 The bill provides several modifications regarding the 179 12 powers and duties of the department, including prescribing 179 13 standards and adopting rules relating to standards for 179 14 information technology and procurement. The bill provides 179 15 that the department shall implement the information technology 179 16 standards which are applicable to information technology 179 17 procurements for participating agencies, and that 179 18 participating agencies shall comply with the prescribed 179 19 standards and adopted rules relating to standards unless 179 20 compliance is waived by the department. 179 21 The bill provides an expanded list of authorized 179 22 departmental agreements, including entering into contracts, 179 23 leases, licensing agreements, royalty agreements, marketing 179 24 agreements, memorandums of understanding, or other agreements. 179 25 The bill provides for several additional or expanded powers 179 26 and duties. The department may charge reasonable fees, costs, 179 27 expenses, charges, or other amounts to an agency, governmental 179 28 entity, public official, or other person or entity to or for 179 29 whom information technology, intellectual property and 179 30 proprietary interests related to information technology, or 179 31 other services have been provided. The department may also 179 32 provide, sell, lease, license, transfer, or otherwise convey 179 33 or dispose of information technology, intellectual property, 179 34 or other rights with respect thereto to agencies, governmental 179 35 entities, public officials, or other persons or entities. The 180 1 department may additionally establish rates to be charged for 180 2 access to and services provided through IowAccess, enter into 180 3 partnerships, contracts, leases, or other agreements with 180 4 public and private entities for the evaluation and development 180 5 of information technology, including the creation and 180 6 implementation of pilot projects, and initiate and support the 180 7 development of electronic commerce, electronic government, and 180 8 internet applications across participating agencies and other 180 9 governmental entities. 180 10 The bill modifies the membership of the information 180 11 technology council, and provides that the council serves 180 12 primarily in an advisory capacity and shall submit 180 13 recommendations to the department for review and establishment 180 14 of rates. New Code section 8A.204, providing for the council, 180 15 takes effect upon enactment. 180 16 ARTICLE 3 – PHYSICAL RESOURCES 180 17 Article 3 of the new Code chapter includes some of the 180 18 provisions currently applicable to the department of general 180 19 services as provided in current Code chapter 18 which is 180 20 repealed in this bill. Those provisions currently provided 180 21 for in Code chapter 18 concern purchasing and competitive 180 22 bidding requirements, the management of the physical resources 180 23 and facilities of state government, state printing and 180 24 document management, and state fleet administration. While 180 25 the purchasing and competitive bidding procedures, facility 180 26 management, and state fleet management functions of current 180 27 Code chapter 18 are not substantially altered by the bill, 180 28 several changes are made to the other functions of the 180 29 department of general services that are transferred to the new 180 30 department. 180 31 The bill eliminates the director of the department of 180 32 general services, the state printing administrator, and the 180 33 state fleet administrator as well as the delineation of 180 34 divisions within the department relating to these positions. 180 35 Two funds are eliminated by the bill, the 181 1 telecommunications and electric cabling fund and the art 181 2 restoration and preservation revolving fund. Code section 181 3 18.138, concerning the establishment of a governmental 181 4 services card, is also eliminated and not transferred to the 181 5 new department. 181 6 The bill amends the provisions governing the management of 181 7 the state capitol buildings and grounds to include the state 181 8 laboratories facility in Ankeny. 181 9 The bill makes significant changes to the current printing 181 10 and document management functions of the department of general 181 11 services. Current Code provisions making the department of 181 12 general services largely solely responsible for the printing 181 13 needs of state government and the maintenance and control of 181 14 printing machinery are eliminated. While the new Code article 181 15 does provide that the new department has the authority to 181 16 adopt print specifications and rules covering printing 181 17 contracts, as well as providing bidding requirements for 181 18 printing services, the specificity of the requirements as 181 19 currently provided in Code section 18.31 and Code sections 181 20 18.42 through 18.54 are eliminated. Specific provisions 181 21 concerning the providing or maintaining of paper stock (Code 181 22 section 18.62), departmental pamphlets (Code section 18.61), 181 23 reserve supplies of governmental reports (Code section 18.80), 181 24 and unused documents (Code section 18.81) are also eliminated. 181 25 The bill repeals several provisions relating to the state 181 26 printing administrator's responsibility relating to the 181 27 printing and special distribution requirements of the Iowa 181 28 Code and Acts, Iowa court rules, Iowa administrative code, 181 29 senate and house journals and bills, with respect to members 181 30 of the general assembly, libraries, newspapers, county 181 31 auditors, and the public. Instead, the bill provides that the 181 32 legislative branch shall assume these responsibilities. 181 33 ARTICLE 4 – HUMAN RESOURCES 181 34 Article 4 of the new Code chapter includes most of the 181 35 provisions currently applicable to the department of personnel 182 1 as provided in current Code chapter 19A which is repealed in 182 2 this bill. Those provisions currently provided for in Code 182 3 chapter 19A include responsibility over the merit system and 182 4 employee benefits. The bill does, however, modify some of 182 5 these provisions by providing that all employees, not just 182 6 professional employees, of the attorney general, state public 182 7 defender, auditor, treasurer, public employment relations 182 8 board, and arts division of the department of cultural affairs 182 9 are exempt from the merit system. In addition, the bill 182 10 eliminates, unless otherwise provided by a collective 182 11 bargaining agreement, the 30-day limit on a disciplinary 182 12 suspension without pay. The bill also modifies current law by 182 13 providing that the new department can make the state's 182 14 deferred compensation program available to other nonstate 182 15 governmental employees. The bill eliminates the department of 182 16 personnel's current responsibility over the peace officers' 182 17 retirement system established in Code chapter 97A and the Iowa 182 18 public employees' retirement system established in Code 182 19 chapter 97B. 182 20 ARTICLE 5 – FINANCIAL ADMINISTRATION 182 21 Article 5 of the new Code chapter transfers the financial 182 22 management duties of the current department of revenue and 182 23 finance to the new department. 182 24 The new department is given many of the duties previously 182 25 transferred to the department of revenue and finance when the 182 26 state comptroller position was eliminated. Other duties 182 27 currently performed by the department of revenue and finance 182 28 are also transferred to the new department. The bill provides 182 29 that the new department assumes the accounting functions 182 30 transferred to the department of revenue and finance from the 182 31 state comptroller's office in legislation enacted in 1986 and 182 32 provides that the department is responsible for establishing 182 33 setoff procedures concerning certain liabilities owed the 182 34 state. Specific setoff procedures for child support under 182 35 Code section 421.17, subsection 21; guaranteed student or 183 1 parental loans under Code chapter 261 pursuant to Code section 183 2 421.17, subsection 23; and liquidated debts owing the district 183 3 court pursuant to Code section 421.17, subsection 25, are 183 4 eliminated in new Code section 8A.504 but the setoff procedure 183 5 as provided in that new Code section, which is transferred 183 6 from Code section 421.17, subsection 29, is modified to 183 7 provide that these debts are eligible for setoff. The bill 183 8 also provides that the current duties of the department of 183 9 revenue and finance under current Code sections 421.31 through 183 10 421.45 are transferred to the new department. Of the duties 183 11 transferred, many include the responsibility for the 183 12 collection and payment of moneys into and from the state 183 13 treasury such as the payment of warrants. In addition, 183 14 current Code references to the responsibility of the director 183 15 of revenue and finance to provide for warrants is changed to 183 16 the director of the new department in this bill. 183 17 DIVISION II – CONFORMING AND MISCELLANEOUS CHANGES 183 18 The bill makes several changes to the Code to conform to 183 19 the establishment of a new department and the elimination of 183 20 three departments and the renaming of the department of 183 21 revenue and finance to the department of revenue. In 183 22 addition, the bill provides that the new director of the 183 23 department of administrative services is responsible for 183 24 serving on those boards and commissions where the current 183 25 directors of personnel, general services, and information 183 26 technology are required to serve. The bill also makes the 183 27 following changes: 183 28 New Code sections 7A.15A and 7A.16A authorize the 183 29 legislative service bureau to set prices for publication of 183 30 the official versions of the Iowa Code, Iowa Code Supplement, 183 31 Iowa Acts, Iowa court rules, Iowa administrative bulletin, and 183 32 Iowa administrative code. The statutory provisions governing 183 33 the distribution of these official printed legal publications 183 34 at no cost or at a price covering distribution costs to state 183 35 and local public officials and offices are amended to continue 184 1 providing the distribution of these publications while 184 2 attempting to substitute more electronic publications for the 184 3 printed publications. The authorization to require some 184 4 payment for otherwise no-cost or distribution-cost copies is 184 5 retained for the legislative service bureau. Procurement 184 6 authority is provided for the legislative service bureau. The 184 7 bill also amends Code section 2.9 to provide that the senate 184 8 and house of representatives shall publish and determine 184 9 procurement procedures for the publication of their journals, 184 10 bills, and amendments, and determine their distribution. 184 11 Code section 8.63, concerning the innovations fund, is 184 12 amended to permit the state innovations fund committee to 184 13 approve an "enterprise loan" to a state agency if the agency 184 14 has a plan and the capability to use the loan to provide 184 15 internal services to government that meet customer needs and 184 16 provide value to customers and the agency expects to receive 184 17 payment for those services from customers to cover expenses 184 18 and repayment of the loan. This section of the bill takes 184 19 effect upon enactment. 184 20 Code section 8D.4, concerning the executive director of the 184 21 Iowa telecommunications and technology commission, is amended 184 22 to provide that the commission shall consult with the DAS 184 23 director prior to appointing the executive director. 184 24 Code section 19B.5 is amended to eliminate the requirement 184 25 that the new department shall include specific cost 184 26 information in the annual report the department submits on the 184 27 condition of affirmative action, diversity, and multicultural 184 28 programs in state agencies. 184 29 Code section 22.7 is amended to provide that information in 184 30 an employee's personnel records concerning investigations, 184 31 disciplinary actions, complaints, grievances, and appeals is 184 32 considered personal information and a confidential record 184 33 pursuant to the state's public records law. 184 34 The bill also strikes the June 30, 2003, repeal of the 184 35 years of service incentive program created in Code section 185 1 70A.38. The years of service incentive program permits state 185 2 executive branch employers the option to offer a financial 185 3 incentive to an employee for terminating state employment. 185 4 This section of the bill takes effect upon enactment. 185 5 Code chapter 97A, establishing the peace officers' 185 6 retirement, accident, and disability retirement system, is 185 7 amended to provide that the department of public safety, and 185 8 not the department of administrative services as the successor 185 9 to the department of personnel, is responsible for providing 185 10 administrative services to the retirement system's board of 185 11 trustees. 185 12 Code chapter 97B, establishing IPERS, is amended to provide 185 13 that the system is an independent agency within the executive 185 14 branch of state government and not a division of the 185 15 department of administrative services as the successor to the 185 16 department of personnel. Code section 97B.4 is amended to 185 17 provide that the budget program of the system shall be 185 18 compiled and submitted to the department of management by the 185 19 system and not through the new department as the successor to 185 20 the department of personnel. 185 21 The bill also includes several transition provisions 185 22 governing the establishment of the new department and the 185 23 elimination of the departments of general services, personnel, 185 24 and information technology. The bill provides that rules 185 25 adopted, or licenses or permits issued, by state agencies that 185 26 are altered, merged, or dissolved by this bill remain in 185 27 effect until the successor state agency amends, repeals, or 185 28 supplements them. The bill also provides for the updating of 185 29 the Iowa administrative code based upon the restructuring 185 30 provided in the bill. The bill also provides that any 185 31 personnel in the state merit system will not lose any salary 185 32 or benefits as a result of being transferred to a new 185 33 department under this bill. In addition, moneys in funds 185 34 under the control of a department eliminated by this bill are 185 35 transferred to the comparable fund in the new department. Any 186 1 cause of action or statute of limitation applicable to a 186 2 department eliminated by this bill remains and is applicable 186 3 to the successor department. The bill also provides that any 186 4 replacement of logos, stationery, or other related items as a 186 5 result of this bill shall be done as part of the normal 186 6 replacement cycle for those items. 186 7 LSB 1657XL 80 186 8 ec/cf/24.2
Text: SSB01106 Text: SSB01108 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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