House
File
238
-
Introduced
HOUSE
FILE
238
BY
WATTS
A
BILL
FOR
An
Act
relating
to
the
department
of
administrative
services
by
1
broadening
the
authority
of
state
agencies
to
make
purchases
2
directly
from
vendors
and
expanding
the
scope
of
those
3
records
of
the
department
that
are
public.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1637YH
(3)
84
aw/nh
H.F.
238
Section
1.
Section
8A.106,
subsection
1,
Code
2011,
is
1
amended
to
read
as
follows:
2
1.
The
records
of
the
department,
except
personal
3
information
in
an
employee’s
file
if
the
publication
of
4
such
information
would
serve
no
proper
public
purpose,
shall
5
be
public
records
and
shall
be
open
to
public
inspection,
6
subject
to
reasonable
rules
as
to
the
time
and
manner
of
7
inspection
which
may
be
prescribed
by
the
director.
However,
8
the
The
department
shall
not
be
required
to
release
financial
9
information,
business,
or
product
plans
which
if
released
would
10
give
advantage
to
competitors
and
serve
no
public
purpose,
11
relating
to
commercial
operations
conducted
or
intended
to
be
12
conducted
by
the
department
,
except
that
records
of
all
charges
13
or
fees
applied
to
state
agencies
shall
be
public
records
and
14
shall
be
open
to
public
inspection
.
15
Sec.
2.
Section
8A.311,
subsection
10,
paragraph
a,
Code
16
2011,
is
amended
to
read
as
follows:
17
a.
The
director
shall
adopt
rules
providing
that
any
state
18
agency
may
,
upon
request
and
approval
by
the
department,
19
purchase
directly
from
a
vendor
if
the
direct
purchasing
is
20
equivalent,
compatible,
and
more
economical
than
purchasing
21
through
the
department
,
if
the
agency
shows
that
direct
22
purchasing
by
the
state
agency
would
be
in
the
best
interests
23
of
the
state
due
to
an
immediate
or
emergency
need,
or
if
the
24
purchase
will
not
exceed
ten
thousand
dollars
and
the
purchase
25
would
contribute
to
the
agency
complying
with
the
targeted
26
small
business
procurement
goals
under
sections
73.15
through
27
73.21
.
28
Sec.
3.
Section
8A.311,
subsection
10,
paragraph
b,
Code
29
2011,
is
amended
by
striking
the
paragraph.
30
Sec.
4.
Section
8A.311A,
subsection
3,
paragraph
a,
Code
31
2011,
is
amended
to
read
as
follows:
32
a.
The
department
determines,
upon
a
request
by
the
agency,
33
that
the
An
agency
can
satisfy
the
requirements
for
purchase
34
of
the
good
or
service
directly
from
a
vendor
as
provided
in
35
-1-
LSB
1637YH
(3)
84
aw/nh
1/
2
H.F.
238
section
8A.311,
subsection
10
,
paragraph
“a”
.
1
EXPLANATION
2
This
bill
broadens
state
agency
authority
to
make
direct
3
purchases
from
vendors
and
expands
the
scope
of
department
4
of
administrative
services
public
records
to
include
fees
or
5
charges
assessed
by
the
department.
6
Current
law
states
that
all
records
of
the
department,
7
except
for
certain
personnel,
financial,
business,
and
product
8
information,
constitute
public
information
open
to
public
9
inspection.
The
bill
requires
that
all
fees
or
charges
10
assessed
to
state
agencies
be
considered
public
records
and
11
that
those
records
be
subject
to
public
inspection.
12
The
bill
also
broadens
the
authority
of
state
agencies
13
to
make
purchases
directly
from
a
vendor
whenever
such
a
14
purchase
is
equivalent,
compatible,
and
at
a
lower
cost
than
15
purchasing
through
the
department.
Current
law
requires
that
16
any
state
agency
first
make
a
request
and
receive
approval
17
from
the
department
for
such
a
purchase.
Current
law
also
18
requires
that
such
a
purchase
be
made
only
due
to
an
immediate
19
or
emergency
need
or
that
such
a
purchase
would
contribute
to
20
state
small
business
procurement
goals
and
be
valued
at
or
21
below
$10,000.
22
-2-
LSB
1637YH
(3)
84
aw/nh
2/
2