HOUSE FILE 238

BY  WATTS

A BILL FOR

An Act relating to the department of administrative services by broadening the authority of state agencies to make purchases directly from vendors and expanding the scope of those records of the department that are public.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 8A.106, subsection 1, Code 2011, is amended to read as follows:
   1.  The records of the department, except personal information in an employee’s file if the publication of such information would serve no proper public purpose, shall be public records and shall be open to public inspection, subject to reasonable rules as to the time and manner of inspection which may be prescribed by the director. However, the The department shall not be required to release financial information, business, or product plans which if released would give advantage to competitors and serve no public purpose, relating to commercial operations conducted or intended to be conducted by the department, except that records of all charges or fees applied to state agencies shall be public records and shall be open to public inspection.
   Sec. 2.  Section 8A.311, subsection 10, paragraph a, Code 2011, is amended to read as follows:
   a.  The director shall adopt rules providing that any state agency may, upon request and approval by the department, purchase directly from a vendor if the direct purchasing is equivalent, compatible, and more economical than purchasing through the department, if the agency shows that direct purchasing by the state agency would be in the best interests of the state due to an immediate or emergency need, or if the purchase will not exceed ten thousand dollars and the purchase would contribute to the agency complying with the targeted small business procurement goals under sections 73.15 through 73.21.
   Sec. 3.  Section 8A.311, subsection 10, paragraph b, Code 2011, is amended by striking the paragraph.
   Sec. 4.  Section 8A.311A, subsection 3, paragraph a, Code 2011, is amended to read as follows:
   a.  The department determines, upon a request by the agency, that the An agency can satisfy the requirements for purchase of the good or service directly from a vendor as provided in section 8A.311, subsection 10, paragraph “a”.
EXPLANATION
   This bill broadens state agency authority to make direct purchases from vendors and expands the scope of department of administrative services public records to include fees or charges assessed by the department.
   Current law states that all records of the department, except for certain personnel, financial, business, and product information, constitute public information open to public inspection. The bill requires that all fees or charges assessed to state agencies be considered public records and that those records be subject to public inspection.
   The bill also broadens the authority of state agencies to make purchases directly from a vendor whenever such a purchase is equivalent, compatible, and at a lower cost than purchasing through the department. Current law requires that any state agency first make a request and receive approval from the department for such a purchase. Current law also requires that such a purchase be made only due to an immediate or emergency need or that such a purchase would contribute to state small business procurement goals and be valued at or below $10,000.