House Study Bill 165
SENATE/HOUSE FILE
BY (PROPOSED DEPARTMENT OF
ADMINISTRATIVE SERVICES BILL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the authority and duties of the department of
2 administrative services, including information technology
3 services, cooperative procurement agreements, distribution of
4 state employee salary information, state vehicle assignment,
5 publication fees for official notices, and cost reimbursement
6 for project management services, and providing an effective
7 date and retroactive applicability provision.
8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
9 TLSB 1288DP 81
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PAG LIN
1 1 Section 1. Section 8A.104, subsection 12, Code 2005, is
1 2 amended to read as follows:
1 3 12. Serve as the chief information officer for the state.
1 4 However, the director may designate a person in the department
1 5 to serve in this capacity at the discretion of the director.
1 6 Sec. 2. Section 8A.202, subsection 2, paragraph k, Code
1 7 2005, is amended to read as follows:
1 8 k. Charging reasonable fees, costs, expenses, charges, or
1 9 other amounts to an agency, governmental entity, public
1 10 official, or person or entity to or for whom information
1 11 technology or other services have been provided by or on
1 12 behalf of, or otherwise made available through, the
1 13 department; related to the provision, sale, use, or
1 14 utilization of, or cost sharing with respect to, information
1 15 technology and any intellectual property interests related
1 16 thereto; research and development; proprietary hardware,
1 17 software, and applications; and information technology
1 18 architecture and design. The department may enter into
1 19 nondisclosure agreements and take any other legal action
1 20 reasonably necessary to secure a right to an interest in
1 21 information technology development by or on behalf of the
1 22 state of Iowa and to protect the state of Iowa's proprietary
1 23 information technology and intellectual property interests.
1 24 The provisions of chapter 23A relating to noncompetition by
1 25 state agencies and political subdivisions with private
1 26 enterprise shall not apply to department activities authorized
1 27 under this paragraph.
1 28 Sec. 3. Section 8A.202, subsection 2, paragraph l, Code
1 29 2005, is amended by striking the paragraph.
1 30 Sec. 4. Section 8A.311, Code 2005, is amended by adding
1 31 the following new subsection:
1 32 NEW SUBSECTION. 3A. The director may enter into a
1 33 cooperative procurement agreement with another governmental
1 34 entity relating to the procurement of goods or services,
1 35 whether the goods or services are for the use of the
2 1 department or other governmental entities. The cooperative
2 2 procurement agreement shall clearly specify the purpose of the
2 3 agreement and the method by which that purpose will be
2 4 accomplished. Any power exercised under the agreement shall
2 5 not exceed the power granted to any party to the agreement.
2 6 Sec. 5. Section 8A.341, subsection 2, Code 2005, is
2 7 amended to read as follows:
2 8 2. If money is appropriated for this purpose, by November
2 9 1 of each year supply a report which contains the name,
2 10 gender, county, or city of residence when possible, official
2 11 title, salary received during the previous fiscal year, base
2 12 salary as computed on July 1 of the current fiscal year, and
2 13 traveling and subsistence expense of the personnel of each of
2 14 the departments, boards, and commissions of the state
2 15 government except personnel who receive an annual salary of
2 16 less than one thousand dollars. The number of the personnel
2 17 and the total amount received by them shall be shown for each
2 18 department in the report. All employees who have drawn
2 19 salaries, fees, or expense allowances from more than one
2 20 department or subdivision shall be listed separately under the
2 21 proper departmental heading. On the request of the director,
2 22 the head of each department, board, or commission shall
2 23 furnish the data covering that agency. The report shall be
2 24 distributed upon request without charge in an electronic
2 25 medium to each caucus of the general assembly, the legislative
2 26 services agency, the chief clerk of the house of
2 27 representatives, and the secretary of the senate. Copies of
2 28 the report shall be made available to other persons in both
2 29 print or an electronic medium upon payment of a fee, which
2 30 shall not exceed the cost of providing the copy of the report.
2 31 Sections 22.2 through 22.6 apply to the report. All funds
2 32 from the sale of the report shall be deposited in the printing
2 33 revolving fund established in section 8A.345. Requests for
2 34 print publications shall be handled only upon receipt of
2 35 postage by the director.
3 1 Sec. 6. Section 8A.361, Code 2005, is amended to read as
3 2 follows:
3 3 8A.361 VEHICLE ASSIGNMENT == AUTHORITY IN DEPARTMENT.
3 4 The department shall provide for the assignment of assign
3 5 all state=owned motor vehicles to all state officers and
3 6 employees, and to all state offices, departments, bureaus, and
3 7 commissions, except the state department of transportation,
3 8 institutions under the control of the state board of regents,
3 9 the department for the blind, and any other agencies exempted
3 10 by law.
3 11 Sec. 7. Section 8A.362, subsections 1, 2, and 3, Code
3 12 2005, are amended to read as follows:
3 13 1. The director may provide for the assignment assign to a
3 14 state officer or employee or to a state agency, of one or more
3 15 motor vehicles which may be required by the state officer or
3 16 employee or state agency, after the state officer or employee
3 17 or state agency has shown the necessity for such
3 18 transportation. The director may assign a motor vehicle
3 19 either for part=time or full=time use. The director may
3 20 revoke the assignment at any time.
3 21 2. The director may cause all state=owned motor vehicles
3 22 to be inspected periodically. Whenever the inspection reveals
3 23 that repairs have been improperly made on the motor vehicle or
3 24 that the operator is not giving the motor vehicle the proper
3 25 care, the director shall report this fact to the elected
3 26 official or to the head of the state agency to which the motor
3 27 vehicle has been assigned, together with recommendation for
3 28 improvement.
3 29 3. The director shall provide for maintain a record system
3 30 for the keeping of records of that shall include the total
3 31 number of miles state=owned motor vehicles are driven and the
3 32 per=mile cost of operation of each motor vehicle. Every state
3 33 officer or employee shall keep a record book to be furnished
3 34 by the director in which the officer or employee shall enter
3 35 all purchases of gasoline, lubricating oil, grease, and other
4 1 incidental expense in the operation of the motor vehicle
4 2 assigned to the officer or employee, giving the quantity and
4 3 price of each purchase, including the cost and nature of all
4 4 repairs on the motor vehicle. Each operator of a state=owned
4 5 motor vehicle shall promptly prepare a report at the end of
4 6 each month on forms furnished by the director and forwarded to
4 7 the director, giving the information the director may request
4 8 in the report. Each month the director shall compile the
4 9 costs and mileage of state=owned motor vehicles from the
4 10 reports and keep a cost history for each motor vehicle and the
4 11 costs shall be reduced to a cost=per=mile basis for each
4 12 motor vehicle. The director shall call to the attention of an
4 13 elected official or the head of any state agency to which a
4 14 motor vehicle has been assigned any evidence of the
4 15 mishandling or misuse of a state=owned motor vehicle which is
4 16 called to the director's attention.
4 17 A motor vehicle operated under this subsection shall not
4 18 operate on gasoline other than gasoline blended with at least
4 19 ten percent ethanol, unless under emergency circumstances. A
4 20 state=issued credit card used to purchase gasoline shall is
4 21 not be valid to purchase gasoline other than gasoline blended
4 22 with at least ten percent ethanol, if commercially available.
4 23 The motor vehicle shall also be affixed with a brightly
4 24 visible sticker which notifies the traveling public that the
4 25 motor vehicle is being operated on gasoline blended with
4 26 ethanol. However, the sticker is not required to be affixed
4 27 to an unmarked vehicle used for purposes of providing law
4 28 enforcement or security.
4 29 Sec. 8. Section 8A.362, subsection 4, paragraph a, Code
4 30 2005, is amended to read as follows:
4 31 a. The director shall provide for the purchase of all
4 32 motor vehicles for all branches of the state government,
4 33 except the state department of transportation, institutions
4 34 under the control of the state board of regents, the
4 35 department for the blind, and any other state agency exempted
5 1 by law. The director shall purchase new vehicles in
5 2 accordance with competitive bidding procedures for items or
5 3 services as provided in this subchapter. The director may
5 4 purchase used or preowned vehicles at governmental or dealer
5 5 auctions if the purchase is determined to be in the best
5 6 interests of the state.
5 7 Sec. 9. Section 8A.362, subsection 4, paragraphs d and e,
5 8 Code 2005, are amended by striking the paragraphs.
5 9 Sec. 10. Section 8A.362, subsections 6 and 7, Code 2005,
5 10 are amended to read as follows:
5 11 6. All used motor vehicles turned in to the director shall
5 12 be disposed of by public auction, and the sales. The public
5 13 auction shall be advertised in a newspaper of general
5 14 circulation one week in advance of sale, and the public
5 15 auction. The receipts from the sale public auction shall be
5 16 deposited in the depreciation fund to the credit of the state
5 17 agency turning in the vehicle; except that, in the case of a
5 18 used motor vehicle of special design, the director may,
5 19 instead of selling it at public auction, authorize the motor
5 20 vehicle to be traded for another vehicle of similar design.
5 21 If a vehicle sustains damage and the cost to repair exceeds
5 22 the wholesale value of the vehicle, the director may dispose
5 23 of the motor vehicle by obtaining two or more written salvage
5 24 bids and the vehicle shall be sold to the highest responsible
5 25 bidder.
5 26 7. The director may authorize the establishment of motor
5 27 pools consisting of a number of state=owned motor vehicles
5 28 under the director's supervision. The director may store the
5 29 motor vehicles in a public or private garage. If the director
5 30 establishes a motor pool, any state officer or employee
5 31 desiring the use of a state=owned motor vehicle on state
5 32 business shall notify the director of the need for a vehicle
5 33 within a reasonable time prior to actual use of the motor
5 34 vehicle. The director may assign a motor vehicle from the
5 35 motor pool to the state officer or employee. If two or more
6 1 state officers or employees desire the use of a state=owned
6 2 motor vehicle for a trip to the same destination for the same
6 3 length of time, the director may assign one vehicle to make
6 4 the trip.
6 5 Sec. 11. Section 618.11, Code 2005, is amended to read as
6 6 follows:
6 7 618.11 FEES FOR PUBLICATION.
6 8 The compensation, when not otherwise fixed, for the
6 9 publication in a newspaper of any notice, order, citation, or
6 10 other publication required or allowed by law shall be at a
6 11 rate of thirty=four cents for one insertion and twenty=three
6 12 cents for each subsequent insertion for each line of eight
6 13 point type two inches in length, or its equivalent. Beginning
6 14 June 1, 2001 2005, and each June 1 thereafter, the director of
6 15 the department of administrative services shall calculate a
6 16 new rate shall be calculated for the following fiscal year as
6 17 prescribed in this section, and shall publish this rate as a
6 18 notice in the Iowa administrative bulletin prior to the first
6 19 day of the following calendar month. The new rate shall be
6 20 effective on the first day of the calendar month following its
6 21 publication each fiscal year. The rate shall be calculated by
6 22 applying the percentage change in the consumer price index for
6 23 all urban consumers for the last available twelve=month period
6 24 published in the federal register by the federal department of
6 25 labor, bureau of labor statistics, to the existing rate as an
6 26 increase or decrease in the rate rounded to the nearest one=
6 27 tenth of a cent. The calculation and publication of the rate
6 28 by the director of the department of administrative services
6 29 shall be exempt from the provisions of chapters 17A and 25B.
6 30 Sec. 101. 2004 Iowa Acts, chapter 1175, section 288,
6 31 subsection 1, paragraph d, subparagraph (1), is amended to
6 32 read as follows:
6 33 (1) Of the amount appropriated in this lettered paragraph,
6 34 up to $375,000 may be used for costs associated with project
6 35 management services in the division of design and construction
7 1 within the general services enterprise of the department,
7 2 notwithstanding section 8.57, subsection 5, paragraph "c". In
7 3 addition to the amount provided for costs associated with
7 4 project management services in this subparagraph, the division
7 5 may be reimbursed for such costs associated with applicable
7 6 capital projects for an additional amount not to exceed
7 7 $370,824. Any reimbursements associated with this additional
7 8 amount shall be provided for pursuant to agreements entered
7 9 into with governmental entities for which the division
7 10 provides project management services relating to capital
7 11 projects. Any reimbursement made pursuant to this
7 12 subparagraph shall be paid to the division from funds
7 13 available to the governmental entity receiving the project
7 14 management services and consistent with the applicable
7 15 agreement. Terms of the agreement shall be consistent with
7 16 the actions of the general services enterprise customer
7 17 council.
7 18 Sec. 12. EFFECTIVE DATE == RETROACTIVE APPLICABILITY.
7 19 Section 101 of this Act, amending 2004 Iowa Acts, chapter
7 20 1175, being deemed of immediate importance, takes effect upon
7 21 enactment and is retroactively applicable to July 1, 2004, and
7 22 is applicable on and after that date.
7 23 EXPLANATION
7 24 This bill relates to the department of administrative
7 25 services.
7 26 Code section 8A.104, concerning the duties of the director
7 27 of the department of administrative services, is amended to
7 28 provide that the director may designate another person in the
7 29 department to act as the chief information officer of the
7 30 state.
7 31 Code section 8A.202, concerning information technology
7 32 services, is amended by moving the authority to charge fees
7 33 and costs to entities receiving information technology
7 34 services to a different paragraph thereby making the
7 35 provisions of Code chapter 23A, relating to noncompetition by
8 1 government, not applicable to these services.
8 2 Code section 8A.311 is amended by adding a new subsection
8 3 providing that the director of the department of
8 4 administrative services may enter into a cooperative
8 5 procurement agreement with another governmental entity for the
8 6 procurement of goods or services, whether the goods or
8 7 services are for the use of the department or other
8 8 governmental entities.
8 9 Code section 8A.341 is amended to strike the requirement
8 10 that the department of administrative services make available
8 11 print copies of the report containing salary and expense
8 12 information related to state employees. The bill retains the
8 13 requirement that the report be made available in an electronic
8 14 medium.
8 15 The fleet management and vehicle assignment provisions of
8 16 Code chapter 8A are amended by the bill. The changes make
8 17 specific the authority of the department of administrative
8 18 services to assign all state vehicles except for those
8 19 departments otherwise granted this authority. The bill
8 20 eliminates the provision in Code section 8A.362, subsection 4,
8 21 requiring the director of the department to assign vehicles in
8 22 a manner that maximizes the average passenger miles per gallon
8 23 of fuel consumed.
8 24 Code section 618.11 is amended to strike the requirement
8 25 that the department of administrative services set the
8 26 publication rate for any notice, order, citation, or other
8 27 publication required or allowed by law. The basis for
8 28 calculating the rate is unchanged by the bill but no
8 29 governmental entity is responsible for calculating or
8 30 publishing the rate.
8 31 2004 Iowa Acts, chapter 1175, section 288, concerning
8 32 appropriations to the department of administrative services
8 33 for the renovation and repair of state buildings from the
8 34 rebuild Iowa infrastructure fund, is amended. The bill
8 35 provides that up to an additional $370,824 of the amount
9 1 otherwise appropriated to the department can be used for costs
9 2 associated with project management services for capital
9 3 projects. This provision of the bill takes effect upon
9 4 enactment and is retroactively applicable to July 1, 2004.
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