Senate
File
2235
-
Introduced
SENATE
FILE
2235
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
3138)
A
BILL
FOR
An
Act
concerning
government
accountability
and
relating
1
to
service
contract
requirements
and
reporting
and
other
2
requirements
concerning
the
department
of
administrative
3
services
and
other
state
agencies.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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(2)
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DIVISION
I
1
REPORTING
AND
DEPARTMENT
OF
ADMINISTRATIVE
2
SERVICES
OPERATIONS
3
Section
1.
Section
7A.3,
subsection
2,
Code
2014,
is
amended
4
by
striking
the
subsection.
5
Sec.
2.
Section
8A.110,
subsection
5,
Code
2014,
is
amended
6
by
striking
the
subsection.
7
Sec.
3.
Section
8A.111,
subsection
2,
Code
2014,
is
amended
8
to
read
as
follows:
9
2.
Internal
service
fund
service
business
plans
and
10
financial
reports
as
required
under
section
8A.123,
subsection
11
5
,
paragraph
“a”
,
and
an
An
annual
internal
service
fund
12
expenditure
report
as
required
under
section
8A.123,
subsection
13
5
,
paragraph
“b”
.
14
Sec.
4.
Section
8A.111,
subsections
5
and
11,
Code
2014,
are
15
amended
by
striking
the
subsections.
16
Sec.
5.
Section
8A.123,
subsection
5,
paragraph
a,
Code
17
2014,
is
amended
by
striking
the
paragraph.
18
Sec.
6.
Section
8A.315,
subsection
2,
Code
2014,
is
amended
19
by
adding
the
following
new
paragraph:
20
NEW
PARAGRAPH
.
e.
Notwithstanding
the
requirements
of
this
21
subsection
regarding
the
purchase
of
recycled
printing
and
22
writing
paper,
the
department
may
purchase
printing
and
writing
23
paper
in
lieu
of
recycled
paper
if
the
department
determines
24
that
the
purchase
will
result
in
significant
savings
to
the
25
state.
26
Sec.
7.
Section
8A.321,
subsection
6,
paragraph
c,
27
subparagraph
(1),
Code
2014,
is
amended
to
read
as
follows:
28
(1)
The
department
shall
annually
issue
a
request
for
29
proposals
for
leasing
privately
owned
office
space
for
state
30
employees
in
the
downtown
area
of
the
city
of
Des
Moines.
31
Prior
to
replacing
or
renovating
publicly
owned
buildings
or
32
relocating
any
state
agencies
at
the
seat
of
government
to
33
any
space
in
publicly
owned
buildings,
the
department
shall
34
issue
a
request
for
proposals
for
leasing
privately
owned
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office
space
for
state
employees
in
the
downtown
area
of
the
1
city
of
Des
Moines
and
shall
use
such
proposals
to
compare
the
2
costs
of
privately
owned
space
to
publicly
owned
space.
The
3
department
shall
locate
state
employees
in
office
space
in
4
the
most
cost-efficient
manner
possible.
In
determining
cost
5
efficiency,
the
department
shall
consider
all
costs
of
the
6
publicly
owned
space,
the
costs
of
the
original
acquisition
7
of
the
publicly
owned
space,
the
costs
of
tenant
improvements
8
to
the
publicly
owned
space,
and
the
anticipated
economic
and
9
useful
life
of
the
publicly
owned
building
space.
10
Sec.
8.
Section
8A.362,
subsection
4,
paragraph
c,
Code
11
2014,
is
amended
by
striking
the
paragraph.
12
Sec.
9.
Section
8A.378,
unnumbered
paragraph
3,
Code
2014,
13
is
amended
to
read
as
follows:
14
The
department
shall
negotiate
implementation
of
the
plan
15
with
the
city
of
Des
Moines
with
the
goal
of
entering
into
16
a
memorandum
of
understanding
in
relation
to
the
plan.
The
17
department
shall
provide
the
governor
and
the
capitol
planning
18
commission
with
quarterly
reports
regarding
progress
made
19
on
the
capitol
view
preservation
plan
and
execution
of
the
20
memorandum
of
understanding.
21
Sec.
10.
Section
8A.504,
subsection
1,
paragraphs
a,
b,
and
22
d,
Code
2014,
are
amended
to
read
as
follows:
23
a.
“Collection
entity”
means
the
department
of
24
administrative
services
and
any
other
state
public
agency
that
25
maintains
a
separate
accounting
system
and
elects
to
establish
26
a
debt
collection
setoff
procedure
for
collection
of
debts
owed
27
to
the
state
or
its
agencies
public
agency
.
28
b.
“Person”
does
not
include
a
state
public
agency.
29
d.
“State
“Public
agency”
means
a
board,
commission,
30
department,
including
the
department
of
administrative
31
services,
or
other
administrative
office
or
unit
of
the
32
state
of
Iowa
or
any
other
state
entity
reported
in
the
33
Iowa
comprehensive
annual
financial
report,
or
a
political
34
subdivision
of
the
state,
or
an
office
or
unit
of
a
political
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subdivision.
“State
“Public
agency”
does
include
the
clerk
1
of
the
district
court
as
it
relates
to
the
collection
of
a
2
qualifying
debt.
“State
“Public
agency”
does
not
include
the
3
general
assembly
or
the
governor.
4
Sec.
11.
Section
8A.504,
subsections
2,
3,
and
5,
Code
2014,
5
are
amended
to
read
as
follows:
6
2.
Setoff
procedure.
The
collection
entity
shall
establish
7
and
maintain
a
procedure
to
set
off
against
any
claim
owed
to
a
8
person
by
a
state
public
agency
any
liability
of
that
person
9
owed
to
a
state
public
agency,
a
support
debt
being
enforced
10
by
the
child
support
recovery
unit
pursuant
to
chapter
252B
,
11
or
such
other
qualifying
debt.
The
procedure
shall
only
apply
12
when
at
the
discretion
of
the
director
it
is
feasible.
The
13
procedure
shall
meet
the
following
conditions:
14
a.
Before
setoff,
a
person’s
liability
to
a
state
public
15
agency
and
the
person’s
claim
on
a
state
public
agency
shall
be
16
in
the
form
of
a
liquidated
sum
due,
owing,
and
payable.
17
b.
Before
setoff,
the
state
public
agency
shall
obtain
18
and
forward
to
the
collection
entity
the
full
name
and
social
19
security
number
of
the
person
liable
to
it
or
to
whom
a
claim
is
20
owing
who
is
a
natural
person.
If
the
person
is
not
a
natural
21
person,
before
setoff,
the
state
public
agency
shall
forward
to
22
the
collection
entity
the
information
concerning
the
person
as
23
the
collection
entity
shall,
by
rule,
require.
The
collection
24
entity
shall
cooperate
with
other
state
public
agencies
in
25
the
exchange
of
information
relevant
to
the
identification
26
of
persons
liable
to
or
claimants
of
state
public
agencies.
27
However,
the
collection
entity
shall
provide
only
relevant
28
information
required
by
a
state
public
agency.
The
information
29
shall
be
held
in
confidence
and
used
for
the
purpose
of
setoff
30
only.
Section
422.72,
subsection
1
,
does
not
apply
to
this
31
paragraph.
32
c.
Before
setoff,
a
state
public
agency
shall,
at
least
33
annually,
submit
to
the
collection
entity
the
information
34
required
by
paragraph
“b”
along
with
the
amount
of
each
person’s
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liability
to
and
the
amount
of
each
claim
on
the
state
public
1
agency.
The
collection
entity
may,
by
rule,
require
more
2
frequent
submissions.
3
d.
Before
setoff,
the
amount
of
a
person’s
claim
on
a
state
4
public
agency
and
the
amount
of
a
person’s
liability
to
a
state
5
public
agency
shall
constitute
a
minimum
amount
set
by
rule
of
6
the
collection
entity.
7
e.
Upon
submission
of
an
allegation
of
liability
by
a
state
8
public
agency,
the
collection
entity
shall
notify
the
state
9
public
agency
whether
the
person
allegedly
liable
is
entitled
10
to
payment
from
a
state
public
agency,
and,
if
so
entitled,
11
shall
notify
the
state
public
agency
of
the
amount
of
the
12
person’s
entitlement
and
of
the
person’s
last
address
known
to
13
the
collection
entity.
Section
422.72,
subsection
1
,
does
not
14
apply
to
this
paragraph.
15
f.
(1)
Upon
notice
of
entitlement
to
a
payment,
the
16
state
public
agency
shall
send
written
notification
to
that
17
person
of
the
state
public
agency’s
assertion
of
its
rights
18
to
all
or
a
portion
of
the
payment
and
of
the
state
public
19
agency’s
entitlement
to
recover
the
liability
through
the
20
setoff
procedure,
the
basis
of
the
assertion,
the
opportunity
21
to
request
that
a
jointly
or
commonly
owned
right
to
payment
22
be
divided
among
owners,
and
the
person’s
opportunity
to
23
give
written
notice
of
intent
to
contest
the
amount
of
the
24
allegation.
The
state
agency
shall
send
a
copy
of
the
notice
25
to
the
collection
entity.
A
public
agency
shall
provide
the
26
person
with
an
opportunity
to
contest
the
liability.
A
state
27
public
agency
subject
to
chapter
17A
shall
give
notice,
conduct
28
hearings,
and
allow
appeals
in
conformity
with
chapter
17A
.
29
(2)
However,
upon
submission
of
an
allegation
of
the
30
liability
of
a
person
which
is
owing
and
payable
to
the
31
clerk
of
the
district
court
and
upon
the
determination
by
the
32
collection
entity
that
the
person
allegedly
liable
is
entitled
33
to
payment
from
a
state
public
agency,
the
collection
entity
34
shall
send
written
notification
to
the
person
which
states
the
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assertion
by
the
clerk
of
the
district
court
of
rights
to
all
1
or
a
portion
of
the
payment,
the
clerk’s
entitlement
to
recover
2
the
liability
through
the
setoff
procedure,
the
basis
of
the
3
assertions,
the
person’s
opportunity
to
request
within
fifteen
4
days
of
the
mailing
of
the
notice
that
the
collection
entity
5
divide
a
jointly
or
commonly
owned
right
to
payment
between
6
owners,
the
opportunity
to
contest
the
liability
to
the
clerk
7
by
written
application
to
the
clerk
within
fifteen
days
of
the
8
mailing
of
the
notice,
and
the
person’s
opportunity
to
contest
9
the
collection
entity’s
setoff
procedure.
10
g.
Upon
the
timely
request
of
a
person
liable
to
a
state
11
public
agency
or
of
the
spouse
of
that
person
and
upon
receipt
12
of
the
full
name
and
social
security
number
of
the
person’s
13
spouse,
a
state
public
agency
shall
notify
the
collection
14
entity
of
the
request
to
divide
a
jointly
or
commonly
owned
15
right
to
payment.
Any
jointly
or
commonly
owned
right
to
16
payment
is
rebuttably
presumed
to
be
owned
in
equal
portions
17
by
its
joint
or
common
owners.
18
h.
The
collection
entity
shall,
after
the
state
public
19
agency
has
sent
notice
to
the
person
liable
or,
if
the
20
liability
is
owing
and
payable
to
the
clerk
of
the
district
21
court,
the
collection
entity
has
sent
notice
to
the
person
22
liable,
set
off
the
amount
owed
to
the
agency
against
any
23
amount
which
a
state
public
agency
owes
that
person.
The
24
collection
entity
shall
refund
any
balance
of
the
amount
to
25
the
person.
The
collection
entity
shall
periodically
transfer
26
amounts
set
off
to
the
state
public
agencies
entitled
to
them.
27
If
a
person
liable
to
a
state
public
agency
gives
written
28
notice
of
intent
to
contest
an
allegation,
a
state
public
29
agency
shall
hold
a
refund
or
rebate
until
final
disposition
30
of
the
allegation.
Upon
completion
of
the
setoff,
a
state
31
public
agency
shall
notify
in
writing
the
person
who
was
liable
32
or,
if
the
liability
is
owing
and
payable
to
the
clerk
of
the
33
district
court,
shall
comply
with
the
procedures
as
provided
34
in
paragraph
“j”
.
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i.
The
department
of
revenue’s
existing
right
to
credit
1
against
tax
due
or
to
become
due
under
section
422.73
is
not
to
2
be
impaired
by
a
right
granted
to
or
a
duty
imposed
upon
the
3
collection
entity
or
other
state
public
agency
by
this
section
.
4
This
section
is
not
intended
to
impose
upon
the
collection
5
entity
or
the
department
of
revenue
any
additional
requirement
6
of
notice,
hearing,
or
appeal
concerning
the
right
to
credit
7
against
tax
due
under
section
422.73
.
8
j.
If
the
alleged
liability
is
owing
and
payable
to
the
9
clerk
of
the
district
court
and
setoff
as
provided
in
this
10
section
is
sought,
all
of
the
following
shall
apply:
11
(1)
The
judicial
branch
shall
prescribe
procedures
to
12
permit
a
person
to
contest
the
amount
of
the
person’s
liability
13
to
the
clerk
of
the
district
court.
14
(2)
The
collection
entity
shall,
except
for
the
procedures
15
described
in
subparagraph
(1),
prescribe
any
other
applicable
16
procedures
concerning
setoff
as
provided
in
this
subsection
.
17
(3)
Upon
completion
of
the
setoff,
the
collection
entity
18
shall
file,
at
least
monthly,
with
the
clerk
of
the
district
19
court
a
notice
of
satisfaction
of
each
obligation
to
the
20
full
extent
of
all
moneys
collected
in
satisfaction
of
the
21
obligation.
The
clerk
shall
record
the
notice
and
enter
a
22
satisfaction
for
the
amounts
collected
and
a
separate
written
23
notice
is
not
required.
24
k.
If
the
alleged
liability
is
owing
and
payable
to
a
25
community
college
and
setoff
pursuant
to
this
section
is
26
sought,
both
of
the
following
shall
apply:
27
(1)
In
addition
to
satisfying
other
applicable
setoff
28
procedures
established
under
this
subsection
,
the
community
29
college
shall
prescribe
procedures
to
permit
a
person
to
30
contest
the
amount
of
the
person’s
liability
to
the
community
31
college.
Such
procedures
shall
be
consistent
with
and
ensure
32
the
protection
of
the
person’s
right
of
due
process
under
Iowa
33
law.
34
(2)
The
collection
entity
shall,
except
for
the
procedures
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prescribed
pursuant
to
subparagraph
(1),
prescribe
any
other
1
applicable
procedures
concerning
setoff
as
provided
in
this
2
subsection
.
3
3.
In
the
case
of
multiple
claims
to
payments
filed
under
4
this
section
,
priority
shall
be
given
to
claims
filed
by
the
5
child
support
recovery
unit
or
the
foster
care
recovery
unit,
6
next
priority
shall
be
given
to
claims
filed
by
the
clerk
of
7
the
district
court,
next
priority
shall
be
given
to
claims
8
filed
by
the
college
student
aid
commission,
next
priority
9
shall
be
given
to
claims
filed
by
the
investigations
division
10
of
the
department
of
inspections
and
appeals,
and
last
priority
11
shall
be
given
to
claims
filed
by
other
state
public
agencies.
12
In
the
case
of
multiple
claims
in
which
the
priority
is
not
13
otherwise
provided
by
this
subsection
,
priority
shall
be
14
determined
in
accordance
with
rules
to
be
established
by
the
15
director.
16
5.
Under
substantive
rules
established
by
the
director,
the
17
department
shall
seek
reimbursement
from
other
state
public
18
agencies
to
recover
its
costs
for
setting
off
liabilities.
19
Sec.
12.
Section
8B.9,
subsection
2,
Code
2014,
is
amended
20
to
read
as
follows:
21
2.
Internal
service
fund
service
business
plans
and
22
financial
reports
as
required
under
section
8B.13,
subsection
23
5
,
paragraph
“a”
,
and
an
An
annual
internal
service
fund
24
expenditure
report
as
required
under
section
8B.13,
subsection
25
5
,
paragraph
“b”
.
26
Sec.
13.
Section
8B.13,
subsection
5,
paragraph
a,
Code
27
2014,
is
amended
by
striking
the
paragraph.
28
Sec.
14.
Section
70A.25,
subsection
3,
Code
2014,
is
amended
29
by
striking
the
subsection.
30
Sec.
15.
Section
99D.2,
subsection
3,
Code
2014,
is
amended
31
to
read
as
follows:
32
3.
“Claimant
agency”
means
a
state
public
agency
as
33
defined
in
section
8A.504,
subsection
1
,
or
the
state
court
34
administrator
as
defined
in
section
602.1101
.
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Sec.
16.
Section
99F.1,
subsection
4,
Code
2014,
is
amended
1
to
read
as
follows:
2
4.
“Claimant
agency”
means
a
state
public
agency
as
3
defined
in
section
8A.504,
subsection
1
,
or
the
state
court
4
administrator
as
defined
in
section
602.1101
.
5
Sec.
17.
2003
Iowa
Acts,
chapter
179,
section
21,
unnumbered
6
paragraph
4,
as
amended
and
redesignated
as
subsection
6,
by
7
2005
Iowa
Acts,
chapter
161,
section
1,
is
amended
to
read
as
8
follows:
9
6.
The
department
or
agency
receiving
funds
under
this
10
section
shall
report
monthly
to
the
fiscal
committee
of
the
11
legislative
council
on
the
use
of
the
funds.
12
Sec.
18.
REPEAL.
Section
8D.10,
Code
2014,
is
repealed.
13
DIVISION
II
14
SERVICE
CONTRACTS
15
Sec.
19.
Section
8.47,
subsection
1,
unnumbered
paragraph
16
1,
Code
2014,
is
amended
to
read
as
follows:
17
The
department
of
administrative
services,
in
cooperation
18
with
the
office
of
attorney
general
and
the
department
of
19
management,
shall
adopt
uniform
terms
and
conditions
for
20
service
contracts
executed
by
a
department
or
establishment
21
benefiting
from
service
contracts
which
terms
and
conditions
22
shall
be
consistent
with
the
contractual
requirements
of
23
chapter
8F
.
The
terms
and
conditions
shall
include
but
are
not
24
limited
to
all
of
the
following:
25
Sec.
20.
Section
8F.3,
subsection
3,
Code
2014,
is
amended
26
to
read
as
follows:
27
3.
Prior
to
entering
into
a
service
contract
with
a
28
recipient
entity,
the
oversight
agency
shall
determine
do
all
29
of
the
following:
30
a.
Determine
whether
the
recipient
entity
can
reasonably
31
be
expected
to
comply
with
the
requirements
of
the
service
32
contract.
If
the
oversight
entity
is
unable
to
determine
33
whether
the
recipient
entity
can
reasonably
be
expected
34
to
comply
with
the
requirements
of
the
service
contract,
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the
oversight
entity
shall
request
such
information
from
1
the
recipient
entity
as
described
in
subsection
1
to
make
2
a
determination.
If
the
oversight
agency
determines
from
3
the
information
provided
that
the
recipient
entity
cannot
4
reasonably
be
expected
to
comply
with
the
requirements
of
the
5
service
contract,
the
oversight
agency
shall
not
enter
into
the
6
service
contract.
7
b.
Perform
a
cost
comparison
establishing
whether
the
8
contract
costs
from
the
proposed
service
contract
are
less
9
than
the
costs
of
having
the
services
provided
by
an
agency.
10
Contract
costs
shall
include
direct
costs,
including
salaries
11
and
fringe
benefits,
indirect
overhead
costs,
including
the
12
contractor’s
proportional
share
of
existing
administrative
13
salaries
and
benefits,
rent
and
equipment
costs,
utilities,
14
and
materials.
Additionally,
transition
costs,
including
15
unemployment
compensation,
shall
be
included
in
the
analysis
of
16
contract
costs.
If
the
oversight
agency
determines
from
the
17
information
provided
that
the
contract
costs
of
the
recipient
18
entity
are
not
less
than
the
costs
of
having
the
services
19
provided
by
an
agency,
the
oversight
agency
shall
not
enter
20
into
the
service
contract.
21
c.
If
the
proposed
service
contract
may
result
in
reduced
22
public
employment
by
an
agency
in
an
area,
perform
an
23
economic
impact
analysis
to
consider
the
impact
of
the
service
24
contract
on
the
possible
loss
of
employment
or
income
in
the
25
affected
area,
impact
on
social
services
to
include
public
26
assistance
programs,
economic
impact
on
local
businesses,
any
27
possible
changes
in
tax
revenue
for
the
affected
area,
and
28
any
environmental
impacts
that
may
result
from
the
service
29
contract.
30
Sec.
21.
Section
8F.3,
Code
2014,
is
amended
by
adding
the
31
following
new
subsection:
32
NEW
SUBSECTION
.
4.
A
service
contract
with
a
recipient
33
entity
shall
include
the
following
terms
and
conditions:
34
a.
Specific
performance
criteria
and
cost
parameters
with
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termination
provisions
for
failure
to
meet
the
performance
1
criteria
and
cost
parameters.
2
b.
A
requirement
that
the
compensation
paid
to
employees
3
of
a
recipient
entity
pursuant
to
the
service
contract
shall
4
be
comparable
to
the
compensation
paid
to
public
employees
5
performing
similar
work
or
the
average
private
sector
wage
for
6
similar
work,
whichever
is
less.
7
c.
A
provision
prohibiting
the
automatic
renewal
of
8
the
terms
of
a
service
contract
without
complying
with
the
9
requirements
of
this
section
prior
to
renewing
the
service
10
contract.
11
d.
A
provision
prohibiting
the
payment
for
services
under
12
the
service
contract
regardless
of
whether
the
services
are
13
actually
provided.
14
Sec.
22.
Section
8F.4,
Code
2014,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
4.
An
oversight
agency
shall
make
17
information
described
in
section
8F.3,
subsection
3,
paragraphs
18
“b”
and
“c”
,
and
information
required
to
be
reported
by
a
19
recipient
agency
pursuant
to
this
section
available
to
the
20
public.
21
Sec.
23.
Section
8G.3,
subsection
3,
paragraph
a,
Code
2014,
22
is
amended
by
adding
the
following
new
subparagraph:
23
NEW
SUBPARAGRAPH
.
(10)
A
recipient
entity
as
defined
in
24
section
8F.2.
25
Sec.
24.
Section
8G.4,
subsection
2,
Code
2014,
is
amended
26
by
adding
the
following
new
paragraph:
27
NEW
PARAGRAPH
.
0j.
Information
required
to
be
provided
28
pursuant
to
chapter
8F.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
concerns
government
accountability
and
includes
33
provisions
relating
to
service
contracts,
state
government
34
reporting
requirements,
and
the
department
of
administrative
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services.
1
Division
I
of
this
bill
concerns
various
reporting
and
other
2
time-specific
or
purchasing
requirements
applicable
to
the
3
department
of
administrative
services
(DAS)
and
other
state
4
agencies.
5
Code
section
7A.3,
providing
for
biennial
reports
for
6
various
state
officials
and
departments,
is
amended
by
striking
7
the
requirement
that
the
officials
and
departments
covered
by
8
this
Code
section
also
file
a
summary
report
in
the
year
the
9
biennial
report
is
not
required.
10
Code
section
8A.110,
concerning
the
state
employee
11
suggestion
system,
is
amended
by
striking
the
requirement
that
12
each
state
agency
keep
a
record
of
suggestions
implemented
for
13
up
to
one
year
and
the
requirement
that
the
DAS
director
file
14
a
report
with
the
governor
and
the
general
assembly
on
the
15
program
each
fiscal
year.
16
Code
section
8A.123,
concerning
department
internal
service
17
funds,
is
amended
by
striking
the
requirement
that
the
DAS
18
director
annually
provide
internal
service
fund
service
19
business
plans
and
financial
reports
to
the
department
of
20
management
and
the
general
assembly.
Code
section
8A.111,
21
concerning
DAS
reporting
requirements,
is
also
amended
to
22
conform
to
this
change.
23
Code
section
8A.315,
concerning
the
purchase
of
recycled
24
products,
is
amended
to
allow
the
department
of
administrative
25
services
to
purchase
nonrecycled
printing
and
writing
paper
if
26
the
purchase
will
result
in
significant
savings
to
the
state.
27
Code
section
8A.321,
concerning
physical
resources
and
28
facility
management,
is
amended
to
remove
the
requirement
29
that
DAS
annually
issue
a
request
for
proposals
for
leasing
30
privately
owned
office
space
for
state
employees
in
the
31
downtown
area
of
the
city
of
Des
Moines.
Instead,
the
bill
32
provides
that
DAS
will
issue
the
request
for
proposals
when
33
considering
replacing
or
renovating
publicly
owned
buildings
or
34
relocating
any
state
agencies
at
the
seat
of
government
to
any
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space
in
publicly
owned
buildings.
1
Code
section
8A.362,
concerning
fleet
management,
is
amended
2
to
eliminate
the
requirement
that
the
DAS
director
submit
an
3
annual
corporate
average
fuel
economy
standards
compliance
4
report
to
the
economic
development
authority.
Code
section
5
8A.111,
concerning
DAS
reporting
requirements,
is
also
amended
6
to
conform
to
this
change.
7
Code
section
8A.378,
concerning
state
capitol
view
8
preservation,
is
amended
to
delete
the
requirement
that
9
DAS
provide
quarterly
reports
relative
to
the
capitol
view
10
preservation
plan
to
the
governor
and
the
capitol
planning
11
commission.
12
Code
section
8A.504,
concerning
setoff
procedures,
is
13
amended
to
eliminate
the
requirement
that
the
state
agency
14
asserting
a
setoff
payment
against
a
person
send
a
copy
of
the
15
notice
sent
to
that
person
to
DAS
or
other
state
agency
that
16
has
established
a
debt
collection
setoff
procedure.
The
Code
17
section
is
also
amended
to
provide
that
all
public
agencies
18
eligible
to
use
the
setoff
procedures
shall
provide
the
debtor
19
with
an
opportunity
to
contest
the
liability.
Finally,
the
20
bill
redesignates
the
term
as
“public
agency”
rather
than
the
21
current
“state
agency”
in
Code
section
8A.504
while
keeping
the
22
definition
the
same
and
makes
changes
to
other
Code
provisions
23
reflecting
the
redesignated
term.
24
Code
section
8B.13,
concerning
internal
service
funds,
is
25
amended
by
striking
the
requirement
that
the
chief
information
26
officer
annually
provide
internal
service
fund
service
business
27
plans
and
financial
reports
to
the
department
of
management
and
28
the
general
assembly.
Code
section
8B.9,
concerning
reporting
29
requirements,
is
also
amended
to
conform
to
this
change.
30
Code
section
70A.25,
concerning
educational
leave,
is
31
amended
to
eliminate
the
reporting
and
review
requirements
32
relative
to
the
program
contained
within
that
Code
section.
33
2003
Iowa
Acts,
chapter
179,
section
21,
as
amended
in
2004
34
and
2005,
concerning
an
appropriation
related
to
military
pay
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differential,
is
amended
to
eliminate
the
requirement
that
each
1
department
or
agency
receiving
funds
from
this
appropriation
2
report
monthly
to
the
fiscal
committee
of
the
legislative
3
council
on
the
use
of
the
funds.
4
Code
section
8D.10,
concerning
report
of
savings
by
state
5
agencies
concerning
their
use
of
the
Iowa
communications
6
network,
is
repealed.
7
Division
II
of
this
bill
concerns
service
contracts
entered
8
into
by
a
government
entity.
9
Code
section
8.47,
concerning
service
contracts
entered
into
10
by
a
state
executive
branch
department,
is
amended
to
provide
11
that
the
standard
terms
and
conditions
of
a
service
contract
12
shall
be
consistent
with
the
contractual
requirements
of
Code
13
chapter
8F.
14
Code
chapter
8F,
establishing
accountability
requirements
15
for
certain
service
contracts,
is
amended.
“Service
contract”
16
is
defined
by
the
Code
chapter
as
a
contract
between
a
17
government
entity,
called
an
oversight
agency,
and
a
private
18
or
other
intergovernmental
entity,
called
a
recipient
entity,
19
where
federal
or
state
moneys
are
involved
for
a
service
or
20
services
when
the
predominant
factor,
thrust,
and
purpose
of
21
the
contract
as
reasonably
stated
is
for
the
provision
of
22
services.
23
Code
section
8F.3,
subsection
3,
concerning
contractual
24
requirements
for
service
contracts,
is
amended
to
require
an
25
oversight
agency
to
perform
a
cost
comparison
and
an
economic
26
impact
analysis
prior
to
entering
into
a
service
contract.
27
The
cost
comparison
requires
a
determination
that
a
service
28
contract
will
result
in
lower
contract
costs
than
having
the
29
services
provided
by
state
government.
The
economic
impact
30
analysis
concerns
a
determination
of
the
impact
on
employment,
31
economic
activity,
and
public
assistance
if
public
employment
32
in
a
particular
area
is
reduced
pursuant
to
a
service
contract.
33
Code
section
8F.3
is
further
amended
to
require
a
service
34
contract
to
include
performance
criteria,
provisions
governing
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compensation
paid
to
employees
of
a
recipient
entity,
1
provisions
prohibiting
automatic
renewal
of
a
service
contract,
2
and
provisions
prohibiting
payment
regardless
of
whether
the
3
services
are
actually
provided.
4
Code
section
8F.4,
concerning
reporting
requirements,
5
is
amended
to
require
an
oversight
agency
to
make
certain
6
information
described
in
Code
section
8F.3,
subsection
3,
and
7
information
required
to
be
reported
by
a
recipient
agency
8
pursuant
to
this
Code
section
available
to
the
public.
9
Code
chapter
8G,
establishing
the
taxpayer
transparency
10
Act,
is
amended
to
specifically
include
recipient
entities,
11
as
defined
in
Code
chapter
8F,
within
the
definition
of
12
“entity”
for
purposes
of
the
Code
chapter.
Code
section
13
8G.4,
concerning
the
creation
of
a
searchable
budget
database
14
internet
site,
is
amended
to
require
that
information
required
15
to
be
provided
pursuant
to
Code
chapter
8F
be
included
on
the
16
site.
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