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House Study Bill 49 - IntroducedA Bill ForAn Act 1concerning requirements for state purchasing from prison
2industries.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 904.808, subsection 1, paragraph b, Code
22017, is amended to read as follows:
3b. When the state director of the department of
4administrative services releases, in writing, the obligation
5of the department or agency to purchase the product from
6Iowa state industries, after determining that Iowa state
7industries is unable to meet the performance characteristics
8of the purchase request for the product, and a copy of the
9release is attached to the request to the director of the
10department of administrative services for payment for a similar
11product, or when Iowa state industries is unable to furnish
12needed products, comparable in both quality and price to those
13available from alternative sources, within a reasonable length
14of time. Any disputes arising between a purchasing department
15or agency and Iowa state industries regarding similarity
16of products, or comparability of quality or price, or the
17availability of the product, shall be referred to the director
18of the department of administrative services, whose decision
19shall be subject to appeal as provided in section 8A.313.
20However, if the purchasing department is the department of
21administrative services, any matter which would be referred
22to the director under this paragraph shall be referred to the
23executive council in the same manner as if the matter were to
24be heard by the director of the department of administrative
25services. The decision of the executive council is final.
26 Sec. 2. REPEAL. Section 8A.313, Code 2017, is repealed.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill concerns the purchase of products manufactured by
31Iowa state (prison) industries by state agencies.
32Code section 904.808, concerning state government
33purchasing, is amended to provide that the director of the
34department of administrative services, and not the director
35of the Iowa department of corrections, has the authority to
-1-1release a state agency from the requirement to purchase from
2Iowa prison industries after determining that Iowa prison
3industries is unable to meet the performance characteristics of
4the purchase request for the product, or is unable to furnish
5needed products, comparable in both quality and price to those
6available from alternative sources, within a reasonable length
7of time. Code section 8A.313, concerning an appeal to the
8director of the department of administrative services relative
9to disputes arising between the department of corrections and
10a purchasing department or agency over the procurement of
11products from Iowa state industries, is repealed.
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2industries.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 904.808, subsection 1, paragraph b, Code
22017, is amended to read as follows:
3b. When the state director of the department of
4administrative services releases, in writing, the obligation
5of the department or agency to purchase the product from
6Iowa state industries, after determining that Iowa state
7industries is unable to meet the performance characteristics
8of the purchase request for the product, and a copy of the
9release is attached to the request to the director of the
10department of administrative services for payment for a similar
11product, or when Iowa state industries is unable to furnish
12needed products, comparable in both quality and price to those
13available from alternative sources, within a reasonable length
14of time. Any disputes arising between a purchasing department
15or agency and Iowa state industries regarding similarity
16of products, or comparability of quality or price, or the
17availability of the product, shall be referred to the director
18of the department of administrative services, whose decision
19shall be subject to appeal as provided in section 8A.313.
20However, if the purchasing department is the department of
21administrative services, any matter which would be referred
22to the director under this paragraph shall be referred to the
23executive council in the same manner as if the matter were to
24be heard by the director of the department of administrative
25services. The decision of the executive council is final.
26 Sec. 2. REPEAL. Section 8A.313, Code 2017, is repealed.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill concerns the purchase of products manufactured by
31Iowa state (prison) industries by state agencies.
32Code section 904.808, concerning state government
33purchasing, is amended to provide that the director of the
34department of administrative services, and not the director
35of the Iowa department of corrections, has the authority to
-1-1release a state agency from the requirement to purchase from
2Iowa prison industries after determining that Iowa prison
3industries is unable to meet the performance characteristics of
4the purchase request for the product, or is unable to furnish
5needed products, comparable in both quality and price to those
6available from alternative sources, within a reasonable length
7of time. Code section 8A.313, concerning an appeal to the
8director of the department of administrative services relative
9to disputes arising between the department of corrections and
10a purchasing department or agency over the procurement of
11products from Iowa state industries, is repealed.
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