SF 71 (LSB 1692XS (2) 86)

SENATE FILE 71

BY  FEENSTRA

A BILL FOR

An Act concerning requirements for state purchasing from prison industries.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 8A.302, subsection 1, Code 2015, is amended to read as follows:
   1.  Providing a system of uniform standards and specifications for purchasing. When the system is developed, all items of general use shall be purchased by state agencies through the department, except items provided for under section 904.808 or items used by the state board of regents and institutions under the control of the state board of regents. However, the department may authorize the department of transportation, the department for the blind, and any other agencies otherwise exempted by law from centralized purchasing, to directly purchase items used by those agencies without going through the department, if the department of administrative services determines such purchasing is in the best interests of the state. However, items of general use may be purchased through the department by any governmental entity.
    Sec. 2.  Section 904.807, Code 2015, is amended to read as follows:
   904.807  Price lists to public officials —— Iowa state industries.

   The state director shall cause to be prepared from time to time classified and itemized price lists of the products manufactured by Iowa state industries. Such lists shall be made available to the public and furnished to all boards of supervisors, boards of directors of school corporations, city councils, and all other state, county, city and school departments and officials empowered to purchase supplies and equipment for public purposes.
    Sec. 3.  Section 904.808, subsection 1, Code 2015, is amended by striking the subsection.
    Sec. 4.  REPEAL.  Section 8A.313, Code 2015, is repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill concerns the purchase of products manufactured by Iowa state (prison) industries by state agencies.
   Code section 8A.302, concerning state government purchasing, is amended to eliminate the exception from the requirements for state agency purchasing of items of general use through the department of administrative services for items produced by prison industries.
   Code section 904.807, concerning the preparation of price lists for items produced by prison industries, is amended to provide that the price lists shall be made available to the public.
   Code section 904.808, subsection 1, establishing state purchasing requirements relative to items produced by prison industries, is stricken. Code section 8A.313, providing an appeal process relative to disputes arising out of the purchasing provisions of Code section 904.808, is also repealed. Code section 904.808 provides that state agencies are required to purchase items produced by prison industries unless a purchase from another source is made under emergency circumstances or if prison industries is unable to meet the performance characteristics of the purchase request for the product by the state agency.