HSB 49 (LSB 1854YC (2) 87)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON RIZER)

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 904.808, subsection 1, paragraph b, Code 2017, is amended to read as follows:
   b.  When the state director of the department of administrative services releases, in writing, the obligation of the department or agency to purchase the product from Iowa state industries, after determining that Iowa state industries is unable to meet the performance characteristics of the purchase request for the product, and a copy of the release is attached to the request to the director of the department of administrative services for payment for a similar product, or when Iowa state industries is unable to furnish needed products, comparable in both quality and price to those available from alternative sources, within a reasonable length of time. Any disputes arising between a purchasing department or agency and Iowa state industries regarding similarity of products, or comparability of quality or price, or the availability of the product, shall be referred to the director of the department of administrative services, whose decision shall be subject to appeal as provided in section 8A.313. However, if the purchasing department is the department of administrative services, any matter which would be referred to the director under this paragraph shall be referred to the executive council in the same manner as if the matter were to be heard by the director of the department of administrative services. The decision of the executive council is final.
    Sec. 2.  REPEAL.  Section 8A.313, Code 2017, is repealed.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 904.808, concerning state government purchasing, is amended to provide that the director of the department of administrative services, and not the director of the Iowa department of corrections, has the authority to release a state agency from the requirement to purchase from Iowa prison industries after determining that Iowa prison industries is unable to meet the performance characteristics of the purchase request for the product, or is unable to furnish needed products, comparable in both quality and price to those available from alternative sources, within a reasonable length of time. Code section 8A.313, concerning an appeal to the director of the department of administrative services relative to disputes arising between the department of corrections and a purchasing department or agency over the procurement of products from Iowa state industries, is repealed.