House File 419

                                       HOUSE FILE       
                                       BY  FALLON and HOGG


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act requiring that state agencies purchase Iowa agricultural
  2    commodities and food derived from Iowa agricultural
  3    commodities.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2234HH 80
  6 da/cf/24

PAG LIN

  1  1    Section 1.  NEW SECTION.  18.21  IOWA AGRICULTURAL
  1  2 COMMODITIES == PREFERENCE.
  1  3    1.  As used in this section:
  1  4    a.  "Agricultural commodity" means a commodity that may be
  1  5 processed into food, including but not limited to livestock,
  1  6 crops, vegetables, nuts, seeds, honey, eggs, or milk existing
  1  7 in an unprocessed state.
  1  8    b.  "Iowa agricultural commodity" means an agricultural
  1  9 commodity that is produced on a farm located in this state.
  1 10    2.  a.  When purchasing agricultural commodities for
  1 11 processing into food, the department shall purchase Iowa
  1 12 agricultural commodities if the price is reasonably
  1 13 competitive and the quality meets departmental standards.
  1 14 However, at least five percent of the department's purchases
  1 15 of agricultural commodities shall be Iowa agricultural
  1 16 commodities.
  1 17    b.  When purchasing food, the department shall purchase
  1 18 food that has been processed from Iowa agricultural
  1 19 commodities if the price is reasonably competitive and the
  1 20 quality meets departmental standards.  However, at least five
  1 21 percent of the department's purchases of food shall be food
  1 22 that has been processed from Iowa agricultural commodities.
  1 23    3.  The department shall identify suppliers of Iowa
  1 24 agricultural commodities and food processed from Iowa
  1 25 agricultural commodities in order to comply with this section.
  1 26 This section shall apply to a contractor or subcontractor who
  1 27 is a party to a contract, if the contract provides for the
  1 28 purchase of agricultural commodities on behalf of the
  1 29 department.  The department shall include the preference
  1 30 required in this section in publications used to solicit bids
  1 31 from suppliers of agricultural commodities and food.
  1 32    Sec. 2.  Section 29A.19, Code 2003, is amended to read as
  1 33 follows:
  1 34    29A.19  QUARTERMASTER.
  1 35    1.  A present or retired commissioned officer of the
  2  1 national guard who has ten years' service in the Iowa army
  2  2 national guard or the Iowa air national guard and has attained
  2  3 the grade of a field officer shall be detailed to be the
  2  4 quartermaster and property officer of the state, who shall
  2  5 have charge of and be accountable for, under the adjutant
  2  6 general, all state military property.  The quartermaster shall
  2  7 keep property returns and reports and give bond to the state
  2  8 of Iowa as the governor may direct.
  2  9    2.  When purchasing agricultural commodities for processing
  2 10 into food or processed food, the quartermaster shall comply
  2 11 with the requirements for the purchase of agricultural
  2 12 commodities and food in the same manner required of the
  2 13 department of general services pursuant to section 18.21.
  2 14    Sec. 3.  Section 216B.3, Code 2003, is amended by adding
  2 15 the following new subsection:
  2 16    NEW SUBSECTION.  18.  Comply with the requirements for the
  2 17 purchase of agricultural commodities and food in the same
  2 18 manner required of the department of general services pursuant
  2 19 to section 18.21.
  2 20    Sec. 4.  Section 217.3, Code 2003, is amended by adding the
  2 21 following new subsection:
  2 22    NEW SUBSECTION.  9.  Comply with the requirements for the
  2 23 purchase of agricultural commodities and food in the same
  2 24 manner required of the department of general services pursuant
  2 25 to section 18.21.
  2 26    Sec. 5.  Section 260C.19B, Code 2003, is amended to read as
  2 27 follows:
  2 28    260C.19B  PURCHASE OF BIO=BASED HYDRAULIC FLUIDS, GREASES,
  2 29 AND OTHER INDUSTRIAL LUBRICANTS PURCHASING REQUIREMENTS.
  2 30    1.  Hydraulic fluids, greases, and other industrial
  2 31 lubricants purchased by or used under the direction of the
  2 32 board of directors to provide services to a merged area shall
  2 33 be purchased in compliance with the preference requirements
  2 34 for purchasing bio=based hydraulic fluids, greases, and other
  2 35 industrial lubricants as provided pursuant to section 18.22.
  3  1    2.  Agricultural commodities for processing into food or
  3  2 processed food purchased under the direction of the board of
  3  3 directors for a merged area shall comply with the requirements
  3  4 established of the department of general services under
  3  5 section 18.21.
  3  6    Sec. 6.  Section 262.9, Code 2003, is amended by adding the
  3  7 following new subsection:
  3  8    NEW SUBSECTION.  5A.  Comply with the requirements for the
  3  9 purchase of agricultural commodities and processed food in the
  3 10 same manner required of the department of general services
  3 11 pursuant to section 18.21.
  3 12    Sec. 7.  Section 307.21, Code 2003, is amended by adding
  3 13 the following new subsection:
  3 14    NEW SUBSECTION.  6A.  Comply with the requirements for the
  3 15 purchase of agricultural commodities and processed food in the
  3 16 same manner required of the department of general services
  3 17 pursuant to section 18.21.
  3 18    Sec. 8.  Section 904.312, unnumbered paragraph 2, Code
  3 19 2003, is amended to read as follows:
  3 20    The director shall, whenever do all of the following:
  3 21    1.  Whenever technically feasible, purchase and use
  3 22 degradable loose foam packing material manufactured from grain
  3 23 starches or other renewable resources, unless the cost of the
  3 24 packing material is more than ten percent greater than the
  3 25 cost of packing material made from nonrenewable resources.
  3 26 For the purposes of this subsection, "packing material" means
  3 27 material, other than an exterior packing shell, that is used
  3 28 to stabilize, protect, cushion, or brace the contents of a
  3 29 package.
  3 30    2.  Comply with the requirements for the purchase of
  3 31 agricultural commodities and processed food in the same manner
  3 32 required of the department of general services pursuant to
  3 33 section 18.21.
  3 34                           EXPLANATION
  3 35    This bill provides that when purchasing agricultural
  4  1 commodities for processing into food, state agencies must
  4  2 purchase Iowa agricultural commodities, and when purchasing
  4  3 food, state agencies must purchase food that has been
  4  4 processed from Iowa agricultural commodities.  The bill
  4  5 provides that this requirement applies when the price is
  4  6 reasonably competitive, sources for the agricultural
  4  7 commodities or food are available, and the quality of the
  4  8 agricultural commodities or food meets agency standards.
  4  9 However, at least 5 percent of the department's purchases of
  4 10 agricultural commodities must be Iowa agricultural commodities
  4 11 and at least 5 percent of the department's purchases of food
  4 12 must be food that has been processed from Iowa agricultural
  4 13 commodities.  The bill requires state agencies that are
  4 14 involved in purchases to identify suppliers of Iowa
  4 15 agricultural commodities and food processed from Iowa
  4 16 agricultural commodities.  The bill applies to persons acting
  4 17 under contract with the state agency.  It also requires that
  4 18 the agency include the preference in publications used to
  4 19 solicit bids from suppliers of agricultural commodities and
  4 20 food.
  4 21    The state agencies affected include the department of
  4 22 general services, the Iowa national guard, the department for
  4 23 the blind, the department of human services, community
  4 24 colleges, the state board of regents, the state department of
  4 25 transportation, and the department of corrections.
  4 26 LSB 2234HH 80
  4 27 da/cf/24.1