18.1 Definitions.

When used in this chapter, unless the context otherwise requires:

1. "Bid specification" means the standards or qualities which must be met before a contract to purchase will be awarded and any terms which the director has set as a condition precedent to the awarding of a contract.

2. "Competitive bidding procedure" means the advertisement for, solicitation of, or the procurement of bids; the manner and condition in which bids are received; and the procedure by which bids are opened, accessed, accepted, rejected, or awarded. A "competitive bidding procedure" may include a transaction accomplished in an electronic format.

3. "Department" means the department of general services.

4. "Director" means the director of the department of general services or the director's designee.

5. "Governmental subdivision" means a county, city, school district, or combination thereof.

6. "State agency" means an executive board, commission, bureau, division, office, or department of the state.

7. "State buildings and grounds" excludes any building under the custody and control of the Iowa public employees' retirement system.

18.10 Capitol buildings and grounds--rules.

The director shall establish, publish, and enforce rules regulating and restricting the use by the public of the capitol buildings and grounds. The rules when established shall be posted in conspicuous places about the buildings and grounds. Any person violating any rule, except a parking regulation, shall be guilty of a simple misdemeanor.

18.100 Exchange.

The volumes delivered to the state law library shall be used for the purpose of effecting exchange with other states, foreign countries, and provinces, for similar reports. All books received in such exchange shall become a part of the division of libraries and information services of the department of education.

18.101 Legislative journals and bills.

The daily journals of the general assembly and the printed bills shall be sent by the state printing administrator by mail to subscribers. The journals and bills for both houses for any one session may be purchased for the sum fixed by the administrator. The administrator shall cause to be printed a sufficient number of copies to fill orders received and reported to the administrator.

18.102 Index to bills.

The secretary of the senate and the chief clerk of the house shall throughout each legislative session compile and cause to be printed a cumulative bulletin of bills and joint resolutions which bulletin shall contain a brief history of each bill, and detailed information as to the status of legislation and shall be conveniently indexed. The bulletin shall be printed and delivered one day before the mid-term recess of each legislature and thereafter twenty-five days after the end of said recess except as may otherwise be provided by the joint rules of the general assembly. The last issue of each bulletin shall be brought down to the time of final adjournment and shall be promptly furnished to all members of the general assembly and to such others as the superintendent may determine.

18.103 Enrolling clerks to keep records.

The enrolling clerks of the senate and house shall, under the directions of the secretary of the senate and house, respectively, keep a daily cumulative record of the information required in section 18.102 and in such manner that the same may be promptly furnished to the superintendent at the close of each week.

18.104 to 18.113

Reserved.

18.11 Parking regulations.

The director shall establish, publish, and enforce rules regulating, restricting, or prohibiting the use by state officials, state employees, and the public, of motor vehicle parking facilities at the state capitol complex. The assignment of legislative parking spaces shall be under the control of the legislative council. The rules established by the director may establish fines for violations and a procedure for payment of the fines. The director may order payment of a fine and enforce the order in the district court.

Motor vehicles parked in violation of the rules may be removed without the owner's or operator's consent and at the owner's or operator's expense. Motor vehicles removed and not claimed within thirty days of their removal or vehicles abandoned within the capitol grounds, may be disposed of in accordance with the provisions of sections 321.85 through 321.91.

The parking rules established shall be posted in conspicuous places at the capitol complex. Copies of the rules shall be made available to all state officials and employees and any other person who requests a copy of the rules.

All fines collected by the department shall be forwarded to the treasurer of state and deposited in the general fund.

18.114 Authority in department of general services.

The authority to assign all state-owned motor vehicles to state officers and employees, or to state offices, departments, bureaus, and commissions, except the state department of transportation, institutions under the control of the state board of regents, the department for the blind, and any other agencies exempted by law shall be vested in the department of general services.

18.115 State fleet administrator--employees--powers and duties--fuel economy requirements.

The director of the department of general services shall appoint a state fleet administrator and other employees as necessary to administer this division. The state fleet administrator shall serve at the pleasure of the director and is not governed by the merit system provisions of chapter 19A. Subject to the approval of the director, the state fleet administrator has the following duties:

1. The state fleet administrator shall assign to a state officer or employee or to a state agency, one or more motor vehicles which may be required by the state officer or employee or state agency, after the state officer or employee or state agency has shown the necessity for such transportation. The state fleet administrator may assign a motor vehicle either for part time or full time. The state fleet administrator may revoke the assignment at any time.

2. The state fleet administrator may cause all state-owned motor vehicles to be inspected periodically. Whenever the inspection reveals that repairs have been improperly made on the motor vehicle or that the operator is not giving it the proper care, the state fleet administrator shall report this fact to the head of the state agency to which the motor vehicle has been assigned, together with recommendation for improvement.

3. The state fleet administrator shall install a record system for the keeping of records of the total number of miles state-owned motor vehicles are driven and the per-mile cost of operation of each motor vehicle. Every state officer or employee shall keep a record book to be furnished by the state fleet administrator in which the officer or employee shall enter all purchases of gasoline, lubricating oil, grease, and other incidental expense in the operation of the motor vehicle assigned to the officer or employee, giving the quantity and price of each purchase, including the cost and nature of all repairs on the motor vehicle. Each operator of a state-owned motor vehicle shall promptly prepare a report at the end of each month on forms furnished by the state fleet administrator and forwarded to the state fleet administrator, giving the information the state fleet administrator may request in the report. Each month the state fleet administrator shall compile the costs and mileage of state-owned motor vehicles from the reports and keep a cost history for each motor vehicle and the costs shall be reduced to a cost-per-mile basis for each motor vehicle. The state fleet administrator shall call to the attention of an elected official or the head of any state agency to which a motor vehicle has been assigned any evidence of the mishandling or misuse of a state-owned motor vehicle which is called to the state fleet administrator's attention.

A motor vehicle operated under this subsection shall not operate on gasoline other than gasoline blended with at least ten percent ethanol, unless under emergency circumstances. A state-issued credit card used to purchase gasoline shall not be valid to purchase gasoline other than gasoline blended with at least ten percent ethanol, if commercially available. The motor vehicle shall also be affixed with a brightly visible sticker which notifies the traveling public that the motor vehicle is being operated on gasoline blended with ethanol. However, the sticker is not required to be affixed to an unmarked vehicle used for purposes of providing law enforcement or security.

4. The state fleet administrator shall purchase all motor vehicles for all branches of the state government, except the state department of transportation, institutions under the control of the state board of regents, the department for the blind, and any other state agency exempted by law. The state fleet administrator shall purchase new vehicles in accordance with competitive bidding procedures for items or services as provided in this chapter. The state fleet administrator may purchase used or preowned vehicles at governmental or dealer auctions if the purchase is determined to be in the best interests of the state.

The state fleet administrator, and any other state agency, which for purposes of this subsection includes but is not limited to community colleges and institutions under the control of the state board of regents, or local governmental political subdivision purchasing new motor vehicles shall purchase new passenger vehicles and light trucks so that the average fuel efficiency for the fleet of new passenger vehicles and light trucks purchased in that year equals or exceeds the average fuel economy standard for the vehicles' model year as established by the United States secretary of transportation under 15 U.S.C. § 2002. This paragraph does not apply to vehicles purchased for law enforcement purposes or used for off-road maintenance work, or work vehicles used to pull loaded trailers.

Not later than February 15 of each year, the state fleet administrator shall report compliance with the corporate average fuel economy standards published by the United States secretary of transportation for new motor vehicles, other than motor vehicles purchased by the state department of transportation, institutions under the control of the state board of regents, the department for the blind, and any other state agency exempted from the requirements of this subsection. The report of compliance shall classify the vehicles purchased for the current vehicle model year using the following categories: passenger automobiles, enforcement automobiles, vans, and light trucks. The state fleet administrator shall deliver a copy of the report to the department of natural resources. As used in this paragraph, "corporate average fuel economy" means the corporate average fuel economy as defined in 49 C.F.R. § 533.5.

a. The state fleet administrator shall assign motor vehicles available for use to maximize the average passenger miles per gallon of motor vehicle fuel consumed. In assigning motor vehicles, the state fleet administrator shall consider standards established by the state fleet administrator, which may include but are not limited to the number of passengers traveling to a destination, the fuel economy of and passenger capacity of vehicles available for assignment, and any other relevant information, to assure assignment of the most energy efficient vehicle or combination of vehicles for a trip from those vehicles available for assignment. The standards shall not apply to special work vehicles and law enforcement vehicles. The standards shall apply to the following agencies:

(1) State fleet administrator.

(2) State department of transportation.

(3) Institutions under the control of the state board of regents.

(4) The department for the blind.

(5) Any other state agency exempted from obtaining vehicles for use through the state fleet administrator.

b. As used in paragraph "a", "fuel economy" means the average number of miles traveled by an automobile per gallon of gasoline consumed as determined by the United States environmental protection agency administrator in accordance with 26 U.S.C. § 4064(c).

5. Of all new passenger vehicles and light pickup trucks purchased by the state fleet administrator, a minimum of ten percent of all such vehicles and trucks purchased shall be equipped with engines which utilize alternative methods of propulsion including but not limited to any of the following:

a. A flexible fuel, which is any of the following:

(1) A fuel blended with not more than fifteen percent gasoline and at least eighty-five percent ethanol.

(2) A fuel which is a mixture of diesel fuel and processed soybean oil. At least twenty percent of the mixed fuel by volume must be processed soybean oil.

(3) A renewable fuel approved by the office of renewable fuels and coproducts pursuant to section 159A.2.

b. Compressed or liquefied natural gas.

c. Propane gas.

d. Solar energy.

e. Electricity.

The provisions of this subsection do not apply to vehicles and trucks purchased and directly used for law enforcement or purchased and used for off-road maintenance work or to pull loaded trailers.

6. All used motor vehicles turned in to the state fleet administrator shall be disposed of by public auction, and the sales shall be advertised in a newspaper of general circulation one week in advance of sale, and the receipts from the sale shall be deposited in the depreciation fund to the credit of that state agency turning in the vehicle; except that, in the case of a used motor vehicle of special design, the state fleet administrator may, with the approval of the director, instead of selling it at public auction, authorize the motor vehicle to be traded for another vehicle of similar design. If a vehicle sustains damage and the cost to repair exceeds the wholesale value of the vehicle, the state fleet administrator may dispose of the motor vehicle by obtaining two or more written salvage bids and the vehicle shall be sold to the highest responsible bidder.

7. The state fleet administrator may authorize the establishment of motor pools consisting of a number of state-owned motor vehicles under the state fleet administrator's supervision. The state fleet administrator may store the motor vehicles in a public or private garage. If the state fleet administrator establishes a motor pool, any state officer or employee desiring the use of a state-owned motor vehicle on state business shall notify the state fleet administrator of the need for a vehicle within a reasonable time prior to actual use of the motor vehicle. The state fleet administrator may assign a motor vehicle from the motor pool to the state officer or employee. If two or more state officers or employees desire the use of a state-owned motor vehicle for a trip to the same destination for the same length of time, the state fleet administrator may assign one vehicle to make the trip.

8. The state fleet administrator shall require that a sign be placed on each state-owned motor vehicle in a conspicuous place which indicates its ownership by the state. This requirement shall not apply to motor vehicles requested to be exempt by the commissioner of public safety or the director of the department of general services. All state-owned motor vehicles shall display registration plates bearing the word "official" except motor vehicles requested to be furnished with ordinary plates by the commissioner of public safety or the director of the department of general services pursuant to section 321.19. The state fleet administrator shall keep an accurate record of the registration plates used on all state-owned motor vehicles.

9. The state fleet administrator may adopt other rules regarding the operation of state-owned motor vehicles, with the approval of the director of the department of general services, as may be necessary to carry out the purpose of this chapter. All rules adopted by the state fleet administrator shall be approved by the director before becoming effective.

10. All fuel used in state-owned automobiles shall be purchased at cost from the various installations or garages of the state department of transportation, state board of regents, department of human services, or state motor pools throughout the state, unless the state-owned sources for the purchase of fuel are not reasonably accessible. If the state fleet administrator determines that state-owned sources for the purchase of fuel are not reasonably accessible, the state fleet administrator shall authorize the purchase of fuel from other sources. The state fleet administrator may prescribe a manner, other than the use of the revolving fund, in which the purchase of fuel from state-owned sources is charged to the state agency responsible for the use of the motor vehicle. The state fleet administrator shall prescribe the manner in which oil and other normal motor vehicle maintenance for state- owned motor vehicles may be purchased from private sources, if they cannot be reasonably obtained from a state motor pool. The state fleet administrator may advertise for bids and award contracts in accordance with competitive bidding procedures for items and services as provided in this chapter for furnishing fuel, oil, grease, and vehicle replacement parts for all state-owned motor vehicles. The state fleet administrator and other state agencies, when advertising for bids for gasoline, shall also seek bids for ethanol- blended gasoline.

18.116 Violations--withdrawing use of vehicle.

If any state officer or employee violates any of the provisions of this division, the state fleet administrator shall have the authority to withdraw the assignment of any state- owned motor vehicle to any such state officer or employee.

18.117 Private use prohibited--rate for state business.

1. A state officer or employee shall not use a state-owned motor vehicle for personal private use. A state officer or employee shall not be compensated for driving a privately owned motor vehicle unless it is done on state business with the approval of the state fleet administrator. In that case the state officer or employee shall receive an amount to be determined by the director in consultation with the director of the department of personnel and the director of revenue and finance. The amount shall not exceed the maximum allowable under the federal internal revenue service rules per mile, notwithstanding established mileage requirements or depreciation allowances. However, the director may authorize private motor vehicle rates in excess of the rate allowed under the federal internal revenue service rules for state business use of substantially modified or specially equipped privately owned vehicles required by persons with disabilities. A statutory provision establishing reimbursement for necessary mileage, travel, or actual expenses to a state officer falls under the private motor vehicle mileage rate limitation provided in this section unless specifically provided otherwise. Any peace officer employed by the state as defined in section 801.4 who is required to use a private motor vehicle in the performance of official duties shall receive the private vehicle mileage rate at the rate provided in this section. However, the state fleet administrator may delegate authority to officials of the state, and department heads, for the use of private vehicles on state business up to a yearly mileage figure established by the director. If a state motor vehicle has been assigned to a state officer or employee, the officer or employee shall not collect mileage for the use of a privately owned motor vehicle unless the state motor vehicle assigned is not usable.

2. Subsection 1 does not apply to any of the following:

a. Officials and employees of the state whose mileage is paid other than by a state agency.

b. Elected officers of the state.

c. Judicial officers or court employees.

d. Members and employees of the general assembly who shall be governed by policies relating to motor vehicle travel, including but not limited to reimbursement for expenses, as established by the general assembly.

18.118 Penalty for private use.

Repealed by 98 Acts, ch 1164, § 41.

18.119 Revolving fund--replenishment.

There is hereby appropriated out of any money in the state treasury not otherwise appropriated the sum of twenty-five thousand dollars, which shall be known as the state fleet administrator revolving fund. From this fund shall be paid all purchases of gasoline, oil, tires, repairs, and all other general expenses incurred in the operation of state-owned motor vehicles, and all salaries and expenses of the state fleet administrator's office shall be paid from said fund.

At the end of each month the state fleet administrator shall render a statement to each state department or agency thereof for the actual cost of operation of all motor vehicles assigned to such department or agency, together with a fair proportion of the cost of administration of the state fleet administrator's office during such month, as shall be determined by the administrator, all subject to review by the executive council upon complaint of any state department or agency adversely affected. Such expense shall be paid by the state departments or agencies in the same manner as other expenses of such department are paid, and when such cost of operation and administration is paid by the department, such sum shall be credited to the state fleet administrator revolving fund. If any surplus accrues to said revolving fund in excess of twenty-five thousand dollars for which there is no anticipated need or use, the governor may order such surplus turned over to the general fund of the state.

18.12 Duties--state property--employees--reports--lease-purchase--appropriation.

In addition to other duties the director shall:

1. See that all visitors, at proper hours, are properly escorted over capitol grounds and capitol buildings, free of expense.

2. Have at all times, charge of and supervision over the janitors, and other employees of the department in and about the capitol and other state buildings, except the buildings and grounds referred to in section 216B.3, subsection 6, at the seat of government.

3. Institute, in the name of the state, and with the advice and consent of the attorney general, civil and criminal proceedings against any person for injury or threatened injury to any public property, including but not limited to intangible and intellectual property, under the person's control.

4. Keep in the director's office a complete record containing an itemized account of all state property, including furniture and equipment, under the director's care and control, and plans and surveys of the public grounds, buildings, and underground constructions at the seat of government.

5. Under the direction of the governor, provide, furnish, and pay for public utilities service, heat, maintenance, minor repairs, and equipment in operating and maintaining the official residence of the governor of Iowa.

6. At the time provided by law, make a verified report which shall cover all transactions for the preceding annual, fiscal or calendar period and show in detail:

a. All expenditures made on account of the department for public buildings and property.

b. The condition of all real and personal property of the state under the director's care and control, together with a report of any loss or destruction, or injury to any such property, with the causes thereof.

c. The measures necessary for the care and preservation of the property under the director's control.

d. Any recommendations as to methods which would tend to render the public service more efficient and economical.

e. Any other matter ordered by the governor.

7. Contract, with the approval of the executive council, for the repair, remodeling or, if the condition warrants, demolition of all buildings and grounds of the state at the seat of government and the institutions of the department of human services and the department of corrections for which no specific appropriation has been made, if the cost of repair, remodeling or demolition will not exceed one hundred thousand dollars when completed. The cost of repair projects for which no specific appropriation has been made shall be paid from the fund provided in section 7D.29.

8. Dispose of all personal property of the state under the director's control when it becomes unnecessary or unfit for further use by the state. If the director concludes that the personal property is contaminated, contains hazardous waste, or is hazardous waste, the director may charge the state agency responsible for the property for removal and disposal of the personal property.

The director may dispose of personal property by any of the following means:

a. The director may dispose of unfit or unnecessary personal property by sale. Proceeds from the sale of personal property shall be deposited in the general fund of the state. However, in lieu of depositing in the general fund of the state, the director may deposit the receipts from the sale of personal property located on the state capitol complex, except receipts from the sale of motor vehicles or printing equipment, in the art restoration and preservation revolving fund created in section 18.16B.

b. If the director concludes that the personal property has little or no value, the director may enter into an agreement with a not-for-profit organization or governmental agency to dispose of the personal property. The not-for- profit organization or governmental agency may charge the state agency in control of the property with the cost of removing and transporting the property. Title to the personal property shall transfer when the personal property is in the possession of the not-for-profit organization or governmental agency. If a governmental agency adds value to the property transferred to it and sells it, the proceeds from the sale shall be deposited with the governmental agency and not in the general fund of the state.

c. The director may dispose of presses, printing equipment, printing supplies, and other machinery or equipment used in the printing operation, as provided in section 18.59.

The director shall adopt rules establishing the procedures for inspecting, selecting, and removing personal property from state agencies or from state storage.

9. a. Lease all buildings and office space necessary to carry out the provisions of this chapter or necessary for the proper functioning of any state agency at the seat of government. For state agencies at the seat of government, the director may lease buildings and office space in Polk county or in a county contiguous to Polk county. If no specific appropriation has been made, the proposed lease shall be submitted to the executive council for approval. The cost of any lease for which no specific appropriation has been made shall be paid from the fund provided in section 7D.29.

b. When the general assembly is not in session, the director may request moneys from the executive council for moving state agencies located at the seat of government from one location to another. The request may include moving costs, telecommunications costs, repair costs, or any other costs relating to the move. The executive council may approve and shall pay the costs from funds provided in section 7D.29 if it determines the agency or department has no available funds for these expenses.

c. Coordinate the leasing of buildings and office space by state agencies throughout the state and develop cooperative relationships with the state board of regents in order to promote the colocation of state agencies.

10. Unless otherwise provided by law, the director shall coordinate the location, design, plans and specifications, construction, and ultimate use of the real or personal property to be purchased by a state agency for whose benefit and use the property is being obtained. If the purchase of real or personal property is to be financed pursuant to section 12.28, the department shall cooperate with the treasurer of state in providing the information necessary to complete the financing of the property. Upon awarding the contract for construction of a building or for site development, the director shall have sole authority to administer the contract.

A contract for acquisition, construction, erection, demolition, alteration, or repair by a private person of real or personal property to be lease-purchased by the treasurer of state pursuant to section 12.28 is exempt from section 18.6, subsections 1 and 9, unless the lease- purchase contract is funded in advance by a deposit of the lessor's moneys to be administered by the treasurer of state under a lease-purchase contract which requires rent payments to commence upon delivery of the lessor's moneys to the lessee.

Unless the context otherwise requires, for purposes of this subsection and subsection 12, "state agency" means a board, commission, bureau, division, office, department, or branch of state government.

11. Establish rental fees for space owned by the state and provided by the department to a state agency to which the general assembly has specifically appropriated funds to pay the rental fees.

The director shall notify each state agency provided space by the department to which an appropriation for the rental of that space has been made of the rental fee for the space. The fee shall be based on the cost of the space, services provided to the agency by the division of buildings and grounds, maintenance, utilities, administration, and other property management costs. The state agency shall pay the fee to the department in the same manner as other expenses of the state agency are paid. Fees collected shall be deposited in the general fund of the state.

12. With the authorization of a constitutional majority of each house of the general assembly and approval by the governor, dispose of real property belonging to the state and its state agencies upon terms, conditions, and consideration as the director may recommend. If real estate subject to sale under this subsection has been purchased or acquired from appropriated funds, the proceeds of the sale shall be deposited with the treasurer of state and credited to the general fund of the state or other fund from which appropriated. There is appropriated from that same fund, with the prior approval of the executive council and in cooperation with the director, a sum equal to the proceeds so deposited and credited to the state agency to which the disposed property belonged or by which it was used, for purposes of the state agency.

13. Subject to the selection procedures of section 12.30, employ financial consultants, banks, insurers, underwriters, accountants, attorneys, and other advisors or consultants necessary to implement the provisions of subsection 10.

14. Prepare annual status reports for all ongoing capital projects of all state agencies, as defined in section 8.3A, and submit the status reports to the legislative capital projects committee.

15. Call upon any state agency, as defined in section 8.3A, for assistance the director may require in performing the director's duties under subsection 15 regarding capital project status reports. All state agencies, upon the request of the director and with the approval of the director of the department of management, shall assist the director and are authorized to make available to the director any existing studies, surveys, plans, data, and other materials in the possession of the state agencies which are relevant to the director's duties.

16. In carrying out the requirements of section 64.6, the state may purchase an individual or a blanket surety bond insuring the fidelity of state officers. The department may self-assume or self-insure fidelity exposures for state officials and employees. A state official is deemed to have furnished surety if the official has been covered by a program of insurance or self-insurance established by the department. To the extent possible, all bonded state employees shall be covered under one or more blanket bonds or position schedule bonds.

17. The management of state property loss exposures and state liability risk exposures shall be reviewed by the director for the capitol complex. Insurance coverage may include self-insurance or any type of insurance protection sold by insurers, including but not limited to, full coverage, partial coverage, coinsurance, reinsurance, and deductible insurance coverage.

18. Establish a monument maintenance account in the state treasury under the control of the department. Funds for the maintenance of a state monument, whether received by gift, devise, bequest, or otherwise, shall be deposited in the account. Funds in the account shall be deposited in an interest-bearing account. Notwithstanding section 12C.7, interest earned on the account shall be deposited in the account and shall be used to maintain the designated monument. Any maintenance funds for a state monument held by the state as of July 1, 1996, shall immediately be transferred to the account and the funds and interest earned on the funds shall be used to maintain the designated monument. Notwithstanding section 8.33, unencumbered or unobligated receipts in the monument maintenance account at the end of a fiscal year shall not revert to the general fund of the state.

19. Perform all other duties required by law.

18.120 Replacement fund.

The vehicle dispatcher shall maintain a depreciation fund for the purchase of replacement motor vehicles and additions to the fleet. The dispatcher's records shall show the total funds deposited by and credited to each department or agency thereof. At the end of each month, the state vehicle dispatcher shall render a statement to each state department or agency thereof for additions to the fleet and total depreciation credited to that department or agency. Such depreciation expense shall be paid by the state departments or agencies in the same manner as other expenses of such department are paid, and shall be deposited in the depreciation fund to the credit of the department or agency thereof. The funds credited to each department or agency thereof shall remain the property of the department or agency. However, at the end of each biennium, the state vehicle dispatcher shall cause to revert to the fund from which it accumulated any unassigned depreciation.

18.121 Assistants.

The director of the department of general services may at various points in the state, outside the city of Des Moines, where state institutions or departments are located, appoint and empower assistants to administer in the name of the state fleet administrator.

18.122 to 18.131

Reserved.

18.13 Federal funds.

Neither the provisions of this chapter nor rules adopted pursuant thereto shall apply in any situation where such provision or rule is in conflict with governing federal regulation or where the provision or rule would jeopardize the receipt of federal funds.

If it is determined by the attorney general that any provision of this chapter would cause denial of funds or services from the United States government which would otherwise be available to an agency of this state, such provision shall be suspended as to such agency, but only to the extent necessary to prevent denial of such funds or services.

18.132 Purpose.

Transferred to § 8D.1.

18.133 Definitions.

Transferred to § 8D.2.

18.134 Powers--facilities--leases.

Transferred to § 8D.11.

18.135 Rules.

Repealed by 94 Acts, ch 1184, §31. See §8D.3.

18.136 State communications network.

Transferred to § 8D.13.

18.137 State communications network fund.

Transferred to § 8D.14.

18.138 Governmental services card.

1. A governmental services card advisory committee is established consisting of the telecommunication and information management council, as reconstituted by executive order number 33, dated August 21, 1987, representatives of the principal central departments of the executive branch as enumerated in section 7E.5 and representatives of private industry, including, but not limited to, financial institutions. The governmental services card advisory committee shall formulate a plan for the development and implementation of a statewide governmental services card system which shall be submitted to the general assembly by January 1, 1995, and shall include all of the following:

a. A governmental services card mission statement which shall be consistent with the stated purposes of the governmental services card.

b. A stated definition of the goals and objectives of the committee.

c. A reasonable estimation of the costs and benefits which would be incurred or realized through implementation of a governmental services card system.

d. Recommendations for the process of coordinating the receipt and disbursement of funds through the treasurer of state's office and the appropriate state agencies.

e. A proposed list of pilot projects where the governmental services card may be implemented.

f. A schedule for implementation in which reasonable attempts shall be made to comply with the intent of the general assembly that the first pilot project begin no later than January 1, 1996.

2. The governmental services card shall be used for any governmental purpose requiring identification, including, but not limited to, a driver's license, nonoperator's identification card, library card, hunting and fishing license, and university identification card. In addition, the governmental services card shall be used for the electronic transfer of funds and shall allow the user to receive state benefits and entitlements and to pay indebtedness to the state, including tax payments and refunds, and shall serve as a source of access to governmental information. The holder of a governmental services card shall have a personal identification number which shall allow the holder to gain access to the system.

3. The governmental services card standards shall be compatible with the standards established for the electronic transfer of funds under chapter 527. Any funds necessary for issuance of the governmental services card shall be transferred from funds appropriated to the various state agencies for costs associated with their respective identification card, information systems, and disbursement and receipt of funds.

4. The governmental services card advisory committee shall review and evaluate procedures for the implementation of a statewide network for the electronic processing and payment of claims for health care services. The committee shall seek input from health care providers and other persons with expertise in electronic health care claims processing in conducting its review and evaluation.

5. Local governments may participate in this program to allow access to local governmental information services and financial transactions through use of the governmental services card.

6. The governmental services card advisory committee shall consider procedures to ensure the full protection of privacy of personal information and the security of a holder's personal identification number.

7. For purposes of this section:

a. "Financial institution" means financial institution as defined in section 527.2.

b. "Governmental services card" means a card containing identifying information in written and machine readable form, which can be used as an access device by the holder for any of the purposes as stated in this section.

18.139 through 18.140

Repealed by 83 Acts, ch 126, § 27. See § 256.80 et seq.

18.14 Control of warehouses.

The governor may by executive order transfer the control and management of any warehouse, except warehouses under the control of the alcoholic beverages division of the department of commerce, under the control of any state agency which is in all instances included within centralized purchasing under section 18.3, to the director of the department of general services.

18.141 through 18.143

Repealed by 86 Acts, ch 1245, § 123, 2053.

18.144 through 18.155

Repealed by 83 Acts, ch 126, § 27. See § 19A.30, 256.80 et seq.

18.15 Services and commodities accepted.

The director of the department of general services is also authorized to accept services, commodities and surplus property and make provision for warehousing and distribution to various departments and subdivisions of the state, and such other agencies, institutions and authorized recipients within the state as may be from time to time designated in federal statutes and rules.

18.156 through 18.159

Reserved.

18.16 Rent revolving fund created--purpose.

1. There is created a permanent rent revolving fund which shall be used by the department to pay the lease or rental costs of all buildings and office space necessary for the proper functioning of any state agency at the seat of state government as provided in section 18.12, subsection 9, except that this fund shall not be used to pay the rental or lease costs of a state agency which has not received funds budgeted for rental or lease purposes.

2. The director shall pay the lease or rental fees to the renter or lessor and submit a monthly statement to each state agency for which building and office space is rented or leased. If the director pays the lease or rental fees on behalf of a state agency, the state agency's payment to the department shall be credited to the rent revolving fund established by this section. With the approval of the director, a state agency may pay the lease or rental cost directly to the person who is due the payment under the lease or rental agreement.

18.160 through 18.163

Repealed by 89 Acts, ch 76, § 10.

18.164 Duties of division.

Repealed by 89 Acts, ch 76, § 10. See § 18.3(10).

18.165 Guidelines.

Repealed by 89 Acts, ch 76, § 10. See § 18.12(17, 18) and 18.115(10).

18.166 through 18.169

Repealed by 89 Acts, ch 76, § 10.

18.16A Telecommunications and electric cabling revolving fund.

A telecommunications and electric cabling revolving fund is created in the state treasury. The revolving fund shall be administered by the department and shall consist of moneys appropriated by the general assembly and any other moneys obtained or accepted by the department for deposit in the revolving fund. The proceeds of the revolving fund shall be used by the department for purposes as may be necessary to provide for appropriate telecommunications and electric cabling, planning cabling layouts, and locating, relocating, installing, or removing telecommunications and electric cable including peripheral equipment on the state capitol complex. The department shall submit an annual report not later than January 31, to the members of the general assembly and the legislative fiscal bureau, of the activities and expenditures funded from the revolving fund during the preceding fiscal year. Section 8.33 does not apply to any moneys in the revolving fund and, notwithstanding section 12C.7, subsection 2, earnings or interest on moneys deposited in the revolving fund shall be credited to the revolving fund.

18.16B Art restoration and preservation revolving fund.

An art restoration and preservation revolving fund is created in the state treasury. The revolving fund shall be administered by the department and shall consist of any moneys appropriated by the general assembly, the receipts from the sale of certain personal property located on the state capitol complex, and any other moneys obtained or accepted by the department for deposit in the revolving fund. The proceeds of the revolving fund shall be used as determined by the department for the restoration, preservation, rehabilitation, or enhancement of art and artifacts of historical or cultural significance or artistic value located in public areas of the state capitol building. The department shall submit an annual report not later than January 31, to the members of the general assembly and the legislative fiscal bureau, of the activities and expenditures funded from the revolving fund during the preceding fiscal year. Section 8.33 does not apply to any moneys in the revolving fund and, notwithstanding section 12C.7, subsection 2, earnings or interest on moneys deposited in the revolving fund shall be credited to the revolving fund.

18.17 Iowa world trade center.

This chapter does not apply to the management, operation, and ownership of the Iowa world trade center.

18.170 through 18.174

Reserved.

18.175 through 18.180

Repealed by 86 Acts, ch 1245, § 852. See § 73.15-73.21.

18.18 State purchases--recycled products--soybean-based inks.

1. When purchasing paper products other than printing and writing paper, the department shall, when the price is reasonably competitive and the quality as intended, purchase the recycled product. The department shall also purchase, when the price is reasonably competitive and the quality as intended, and in keeping with the schedule established in this subsection, soybean-based inks and plastic products with recycled content including but not limited to plastic garbage can liners.

a. One hundred percent of the purchases of inks which are used for newsprint printing services performed internally or contracted for by the department shall be soybean-based.

b. One hundred percent of the purchases of inks, other than inks which are used for newsprint printing services, and which are used internally or contracted for by the department, shall be soybean-based to the extent formulations for such inks are available.

c. A minimum of ten percent of the purchases of garbage can liners made by the department shall be plastic garbage can liners with recycled content. The percentage shall increase by ten percent annually until fifty percent of the purchases of garbage can liners are plastic garbage can liners with recycled content.

d. The department shall report to the general assembly on February 1 of each year the following:

(1) A listing of plastic products which are regularly purchased by the department and other state agencies for which recycled content product alternatives are available, including the cost of the plastic products purchased and the cost of the recycled content product alternatives.

(2) Information relating to soybean-based inks and plastic garbage can liners with recycled content regularly purchased by the department and other state agencies, including the cost of purchasing soybean-based inks and plastic garbage can liners with recycled content and the percentages of soybean-based inks and plastic garbage can liners with recycled content that have been purchased.

e. For purposes of this subsection "recycled content" means that the content of the product contains a minimum of thirty percent postconsumer material.

2. a. Except as otherwise provided in this section, the department shall purchase and use recycled printing and writing paper so that ninety percent by January 1, 2000, of the volume of printing and writing paper purchased is recycled paper. The recycled printing and writing paper shall meet the requirements for procuring recycled printing and writing paper set forth in 40 C.F.R., pt. 247, and in related recovered materials advisory notices issued by the United States environmental protection agency.

b. The department shall establish a prioritization procedure for the purchase of recycled paper which provides for a five percent differential in the cost of the purchase of paper which has been recycled through the use of a nonchlorinated process.

c. If a provision under this subsection results in the limitation of sources for the purchase of printing and writing paper to three or fewer sources, the department may waive the requirement in order to purchase necessary amounts of printing and writing paper.

d. Notwithstanding the requirements of this subsection regarding the purchase of recycled printing and writing paper, the department shall purchase acid-free permanent paper in the amount necessary for the production or reproduction of documents, papers, or similar materials produced or reproduced for permanent preservation pursuant to law.

3. The department of general services, in conjunction with the department of natural resources, shall review the procurement specifications currently used by the state to eliminate, wherever possible, discrimination against the procurement of products manufactured with recovered materials and soybean-based inks.

4. The department of natural resources shall assist the department of general services in locating suppliers of recycled products and soybean-based inks and collecting data on recycled content and soybean-based ink purchases.

5. Information on recycled content shall be requested on all bids for paper products other than printing and writing paper issued by the state and on other bids for products which could have recycled content such as oil, plastic products, including but not limited to compost materials, aggregate, solvents, soybean-based inks, and rubber products. Except for purchases of printing and writing paper made pursuant to subsection 2, paragraphs "c" and "d", the department of general services shall require persons submitting bids for printing and writing paper to certify that the printing and writing paper proposed complies with the requirements referred to in subsection 2, paragraph "a".

6. The department of general services, in conjunction with the department of natural resources, shall adopt rules to administer this section.

7. All state agencies shall fully cooperate with the departments of general services and natural resources in all phases of implementing this section.

8. The department, whenever technically feasible, shall purchase and use degradable loose foam packing material manufactured from grain starches or other renewable resources, unless the cost of the packing material is more than ten percent greater than the cost of packing material made from nonrenewable resources. For the purposes of this subsection, "packing material" means material, other than an exterior packing shell, that is used to stabilize, protect, cushion, or brace the contents of a package.

18.181 through 18.182

Reserved.

18.183 Powers and responsibilities vested in individual government agencies.

1. The government agency that is the lawful custodian of a public record shall be responsible for determining whether a record is required by state statute to be confidential. The transmission of a record by a government agency by use of electronic means established, maintained, or managed by the division of information technology services shall not constitute a transfer of the legal custody of the record from the individual government agency to the division of information technology services or to any other person or entity.

2. The division of information technology services shall not have authority to determine whether an individual government agency should automate records of which the individual government agency is the lawful custodian. However, the division may encourage governmental agencies to implement electronic access to government records.

3. A government agency shall not limit access to a record by requiring a citizen to receive the record electronically as the only means of providing the record. A person shall have the right to examine and copy a printed form of a public record as provided in section 22.2, unless the public record is confidential.

4. A person who contracts with a government agency to provide access or disseminate public records by electronic or other means shall pay the same fee which would be charged to the public under chapter 22 for any public record that is in any manner utilized by the person in a venture that is not part of the contract with the government agency.

18.184 Financial transactions.

1. The division of information technology services shall collect moneys paid to participating governmental entities from persons who complete an electronic financial transaction with the governmental entity by accessing the IowAccess network. The moneys may include all of the following:

a. Fees required to obtain an electronic public record as provided in section 22.3A.

b. Fees required to process an application or file a document, including but not limited to fees required to obtain a license issued by a licensing authority.

c. Moneys owed to a governmental entity by a person accessing the IowAccess network in order to satisfy a liability arising from the operation of law, including the payment of assessments, taxes, fines, and civil penalties.

2. Moneys transferred using the IowAccess network may include amounts owed by a governmental entity to a person accessing the IowAccess network in order to satisfy a liability of the governmental entity. The moneys may include the payment of tax refunds, and the disbursement of support payments as defined in section 252D.16 or 598.1 as required for orders issued pursuant to section 252B.14.

3. The division of information technology services shall serve as the agent of the governmental entity in collecting moneys for receipt by governmental entities. The moneys shall be transferred to governmental entities directly or to the treasurer of state for disbursement to governmental entities as required by the treasurer of state in cooperation with the auditor of state.

4. In addition to other forms of payment, credit cards shall be accepted in payment for moneys owed to a governmental entity as provided in this section, according to rules which shall be adopted by the treasurer of state. The fees to be charged shall not exceed those permitted by statute. A governmental entity may adjust its fees to reflect the cost of processing as determined by the treasurer of state. The discount charged by the credit card issuer may be included in determining the fees to be paid for completing a financial transaction under this section by using a credit card.

18.185 Audits required.

A technology audit of the electronic transmission system by which government records are transmitted electronically to the public shall be conducted not less than once annually for the purpose of determining that government records and other electronic data are not misappropriated or misused by the division of information technology services or a contractor of the division. A financial audit shall be conducted not less than once annually to determine the financial condition of the division of information technology services and to make other relevant inquiries.

18.186 Credit cards accepted.

In addition to other forms of payment, credit cards may be accepted in payment for any fees, including but not limited to interest, penalties, subscriptions, registrations, purchases, applications, licenses, permits, or other filings transmitted or transactions conducted electronically. The fees to be charged shall not exceed those permitted by statute, except that the discount charged by the credit card issuer may be included in determining the fee to be charged for records transmitted or transactions conducted electronically.

18.187 IowAccess revolving fund.

An IowAccess revolving fund is created in the state treasury. The revolving fund shall be administered by the division and shall consist of moneys collected by the division as fees, moneys appropriated by the general assembly, and any other moneys obtained or accepted by the division for deposit in the revolving fund. The proceeds of the revolving fund are appropriated to and shall be used by the division to maintain, develop, operate, and expand the IowAccess network consistent with this chapter. The division shall submit an annual report not later than January 31, to the members of the general assembly and the legislative fiscal bureau, of the activities funded by and expenditures made from the revolving fund during the preceding fiscal year. Section 8.33 does not apply to any moneys in the revolving fund and, notwithstanding section 12C.7, subsection 2, earnings or interest on moneys deposited in the revolving fund shall be credited to the revolving fund.

18.19 Recycling revolving fund.

A recycling revolving fund is created within the state treasury under the control of the department. The fund shall consist of any moneys appropriated by the general assembly and any other moneys available to and obtained or accepted by the department from the federal government or private sources for placement in the fund. The assets of the fund shall be used by the department only for supporting recycling operations. Moneys in the fund, which may be subject to warrants written by the director of revenue and finance, shall be drawn upon the written requisition of the director or an authorized representative of the director. The fund is subject to an annual audit by the auditor of state. Section 8.33 does not apply to any moneys in the fund. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the fund shall be credited to the fund.

18.2 Department established.

There is created a department of general services which is attached to the office of the governor and is under the governor's general direction, supervision, and control. The governor shall appoint the director, subject to confirmation by the senate. The director shall not hold any other office, engage in political activity, accept or solicit, directly or indirectly, political contributions, and shall not use the office to support the candidacy of anyone for elective or appointive office. The director shall hold office at the governor's pleasure and shall receive a salary as fixed by the general assembly. Before entering upon the discharge of the director's duties, the director may be required to give a surety bond in an amount fixed by the governor. The premium on the bond shall be paid out of funds appropriated to the department.

The director must be a qualified administrator.

18.20 Wastepaper recycling program.

The department in accordance with recommendations made by the department of natural resources shall require all state agencies to establish an agency wastepaper recycling program. The director shall adopt rules which require a state agency to develop a program to ensure the recycling of the wastepaper generated by the agency. All state employees shall practice conservation of paper materials.

For the purposes of this section, "agency wastepaper" means wastepaper or wastepaper products generated by the agency.

The rules adopted by the director shall provide for the continuation of existing state agency contracts which provide for alternative waste management not including incineration or land burial of agency wastepaper.

18.21 Certain polystyrene products--recycling--prohibition.

Repealed by 95 Acts, ch 44, § 5.

18.22 Lubricating oil and industrial oil purchases.

The department shall do all of the following:

1. Revise its procedures and specifications for the purchase of lubricating oil and industrial oil to eliminate exclusion of recycled oils and any requirement that oils be manufactured from virgin materials.

2. Require that purchases of lubricating oil and industrial oil be made from the seller whose oil product contains the greatest percentage of recycled oil, unless one of the following circumstances regarding a specific oil product containing recycled oil exists:

a. The product is not available within a reasonable period of time or in quantities necessary or in container sizes appropriate to meet a state agency's needs.

b. The product does not meet the performance requirements or standards recommended by the equipment or vehicle manufacturer, including any warranty requirements.

c. The product is available only at a cost greater than one hundred five percent of the cost of comparable virgin oil products.

3. Establish and maintain a preference program for procuring oils containing the maximum content of recycled oil. The preference program shall include but is not limited to all of the following:

a. The inclusion of the preferences for recycled oil products in publications used to solicit bids from suppliers.

b. The provision of a description of the recycled oil procurement program at bidders' conferences.

c. Discussion of the preference program in lubricating oil and industrial oil procurement solicitations or invitations to bid.

d. Efforts to inform industry trade associations about the preference program.

4. a. Provide that when purchasing hydraulic fluids, the department or a state agency authorized by the department to directly purchase hydraulic fluids shall give preference to purchasing biodegradable hydraulic fluids manufactured from soybeans.

b. The department or state agency purchasing the hydraulic fluid shall purchase biodegradable hydraulic fluid, if both of the following apply:

(1) The purchase is within the purchasing budget of the department or a state agency.

(2) The use of biodegradable hydraulic fluid in the equipment operated by the department or state agency is consistent with the manufacturer's specifications for the equipment.

c. The department shall provide for the implementation of requirements necessary in order to carry out this subsection by the department or state agency making the purchase, which shall include all of the following:

(1) Including the preference requirements in publications used to solicit bids for hydraulic fluids.

(2) Describing the preference requirements at bidders' conferences in which bids for the sale of hydraulic fluids are sought by the department or authorized state agency.

(3) Discussing the preference requirements in procurement solicitations or invitations to bid for hydraulic fluids.

(4) Informing industry trade associations about the preference requirements.

18.23 Capitol complex renovation program--lease-purchase authorization.

Repealed by 96 Acts, ch 1177, §4.

18.24 and 18.25

Reserved.

18.26 Director.

The director of the department of general services or the director's designee shall administer the provisions of this division.

18.27 Duties.

The director of the department of general services shall:

1. Let contracts, except as provided in section 18.49, for all printing for all state offices, departments, boards, and commissions when the cost of the printing is payable out of any taxes, fees, licenses, or funds collected for state purposes.

2. Direct the manner, form, style, and quantity of all public printing when not otherwise expressly prescribed by law.*

3. Employ and discharge all assistants necessary to enable the director to perform the director's duties and determine the compensation of the assistants when not otherwise determined by law.

4. Prescribe rules, not inconsistent with law.

5. Perform all other duties required by law.

Section
*Style of Code, session laws, and administrative code and bulletin, § 2B.10, 2B.12, 17A.6

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18.28 "Printing" defined.

As used in chapter 7A and sections 18.26 to 18.103, "printing" means the reproduction of an image from a printing surface made generally by a contact impression that causes a transfer of ink, the reproduction of an impression by a photographic process, or the reproduction of an image by electronic means and shall include binding and may include material, processes, or operations necessary to produce a finished printed product, but shall not include binding, rebinding or repairs of books, journals, pamphlets, magazines and literary articles by any library of the state or any of its offices, departments, boards and commissions held as a part of their library collection.

18.29 Printing for state institutions.

The power of the director to let contracts shall not embrace printing for any state penal, correctional or board of regents institution, or community colleges, or school corporations under the jurisdiction of the department of education when the institution is able and desires to do its own printing.

18.3 Duties of director.

The duties of the director shall include but not necessarily be limited to the following:

1. Establishing and developing, in co-operation with the various state agencies, a system of uniform standards and specifications for purchasing. When the system is developed, all items of general use shall be purchased through the department, except items used by the state department of transportation, institutions under the control of the board of regents, the department for the blind, and any other agencies exempted by law.

Life cycle cost and energy efficiency shall be included in the criteria used by the department of general services, institutions under the state board of regents, the state department of transportation, the department for the blind and other state agencies in developing standards and specifications for purchasing energy consuming products. As used in this paragraph "life cycle cost" means the expected total cost of ownership during the life of a product.

For purposes of this section, the life cycle costs of American motor vehicles shall be reduced by five percent in order to determine if the motor vehicle is comparable to foreign made motor vehicles. "American motor vehicles" includes those vehicles manufactured in this state and those vehicles in which at least seventy percent of the value of the motor vehicle was manufactured in the United States or Canada and at least fifty percent of the motor vehicle sales of the manufacturer are in the United States or Canada. In determining the life cycle costs of a motor vehicle, the costs shall be determined on the basis of the bid price, the resale value, and the operating costs based upon a useable life of five years or seventy-five thousand miles, whichever occurs first.

Preference shall be given to purchasing American made products and purchases from American based businesses if the life cycle costs are comparable to those products of foreign businesses and which most adequately fulfill the department's need.

The director may purchase items through the state department of transportation, institutions under the control of the board of regents and any other agency exempted by law from centralized purchasing. These state agencies shall upon request furnish the director with a list of and specifications for all items of office equipment, furniture, fixtures, motor vehicles, heavy equipment and other related items to be purchased during the next quarter and the date by which the director must file with the agency the quantity of items to be purchased by the state agency for the department of general services. The department of general services shall be liable to the state agency for the proportionate costs the items purchased for it bear to the total purchase price. When items purchased have been delivered, the state agency shall notify the director and after receipt of the purchase price shall release the items to the director or upon the director's order.

2. Administering the provisions of sections 18.114 to 18.121.

3. Administering the provisions of sections 18.26 to 18.103.

4. Providing for the proper maintenance of the state capitol, grounds, and equipment and all other state buildings and grounds, and equipment at the seat of government, except those referred to in section 216B.3, subsection 6.

5. Establishing, supervising, and maintaining a central mail unit for the use of all state officials, agencies, and departments located at the seat of government.

6. Installing a records system for the keeping of records which are necessary for a proper audit and effective operation of the department.

7. Providing architectural services, contracting for construction and construction oversight for state agencies except for the board of regents, department of transportation, national guard, natural resource commission, and the Iowa public employees' retirement system. Capital funding appropriated to state agencies, except the board of regents, department of transportation, national guard, natural resource commission, and the Iowa public employees' retirement system for property management shall be transferred for administration and control to the director of the department of general services.

8. Administering the provisions of section 18.18.

9. Determining which risk exposures shall be self-insured or assumed by the state with respect to loss and loss exposures of state government.

10. Developing and implementing procedures to conduct transactions, including purchasing, authorized by this chapter in an electronic format to the extent determined appropriate by the department. The department shall adopt rules establishing criteria for competitive bidding procedures involving transactions in an electronic format, including criteria for accepting or rejecting bids which are electronically transmitted to the department, and for establishing with reasonable assurance the authenticity of the bid and the bidder's identity.

11. Insuring motor vehicles owned by the state. Insurance coverage may be provided through a self- insurance program administered by the department or purchased from an insurer. If the department utilizes a self-insurance program, the department shall maintain loss and exposure data for vehicles under the jurisdiction of the state fleet administrator. Upon request, state agencies shall provide all loss and exposure information to the department.

12. Organizing the department by divisions or other subunits to promote the effective and efficient administration of the department.

18.30 Contracts with state institutions.

The director may, without advertising for bids, enter into contracts or make provision for doing any of the work coming under the provisions of chapter 7A and sections 18.26 to 18.103 at any school or institution under the ownership or control of the state. The work shall be done under conditions substantially the same as those provided for in the case of contracts with individuals and the same standard of quality or product shall be required.

18.31 Specifications and rules.

The director shall, from time to time, adopt and print specifications and rules covering all matters relating to printing that are the subject of contracts. The specifications and rules shall contain, among other things, the following:

1. Provisions for the grouping of the work to be done or material furnished, so far as the same can be made the subject of general contracts, into classes according to the character or use thereof, or with relation to the department for which intended, or in any manner most convenient for securing bids and entering into contracts. All or any part of the printing needed for any department, board, or commission may be placed in a class by itself.

2. Estimates of the probable amount of work to be done, or material to be purchased, under each class or item, during the period of the proposed contracts.

3. Provisions for furnishing and keeping on file samples of work or stock, and other things necessary to assure compliance with the contracts.

4. Fixed standards for books and booklets, and for other printing so far as practicable, and for stock and material.

5. A schedule of maximum rates or prices, so far as the same can be made applicable, with provision that bids not within the maximum (each class being computed as a unit), may be rejected.

6. Details as to the delivery of stock to the state and placing the same in possession of contractors, and for delivery of the finished product and for a complete accounting for stock and reasonable allowance for waste where it is unavoidable.

7. A rule as to part payment for work in process of completion, or material in process of delivery, in proportion to the part completed or delivered.

8. General regulations necessary to assure prompt and satisfactory compliance with the proposed contracts, the submission of samples, the delivery of the product (which may be at the expense of the state), the preparation and filing of bills, and such general matters as will assure to the state the utmost economy and efficiency.

18.32 Advertisements for bids.

The director shall advertise for bids for public printing.

18.33 Requirements.

Advertisements shall state where and how specifications and other necessary information may be obtained, the time during which the director will receive bids, and the day, hour, and place when bids will be publicly opened or accessed and the manner by which the contracts will be awarded.

18.34 Information furnished.

The director shall supply prospective bidders and others on request with the specifications and rules, blank forms for bids, samples of printing so far as possible, and all other information pertaining to the subject.

18.35 Specifications public.

The specifications shall be kept on file in the office of the director, open to public inspection, together with samples so far as possible, of the work to be done or the material to be furnished.

18.36 Form of bids.

Bids must be:

1. Secured in writing, by telephone, by facsimile, or in a format prescribed by the director as indicated in the bid specifications.

2. Signed by the bidder, or if a telephone or electronic bid, confirmed by the bidder in a manner prescribed by the director.

3. Submitted in a format prescribed by the director which reasonably assures the authenticity of the bid and the bidder's identity.

4. Submitted to the department as specified by the date and time established in the advertisements for bids.

18.37 Deposit with bid or yearly bond.

When a bidder submits a bid to the department, the director may require the bidder to file a bid bond or a certified or cashier's check payable to the state treasurer in an amount to be fixed in the bid specifications, either covering all classes or items or services, or separate certified or cashier's checks for each bid in case the bidder makes more than one bid. In lieu of a certified or cashier's check, the bidder may furnish a yearly bond in an amount to be established by the director. Certified or cashier's checks deposited by unsuccessful bidders, and by successful bidders when they have entered into the contract, shall be returned to them.

18.38 Opening and accessing of bids--award.

All bids shall be publicly opened or accessed and read and the contracts awarded in the manner designated in the bid specifications. In the award of a contract, due consideration shall be given to the price bid, mechanical and other equipment proposed to be used by the bidder, the financial responsibility of the bidder, the bidder's ability and experience in the performance of similar contracts, and any other factors that the department determines are relevant and that are included in the bid specifications.

18.39 Rejection of bids--procedure.

The director shall have the right to reject any or all bids, and in case of rejection or because of failure of a bidder to enter into a contract, the director may advertise for and secure new bids.

18.4 Rules.

The director shall adopt rules in accordance with the provisions of chapter 17A which are necessary for the exercise of the powers and duties granted by this chapter and the proper administration of the department.

18.40 Combination of bidders.

When the director is satisfied that bidders have presented bids pursuant to an agreement, understanding, or combination to prevent free competition, the director shall reject all of them and readvertise for bids as in the first instance.

18.41 Acceptance of bid.

Repealed by 98 Acts, ch 1119, §26; 98 Acts, ch 1164, §41.

18.42 Duration of contract.

Contracts for printing and for work and material relating thereto shall be for a period not exceeding three years.

18.43 Duty to enter into contract--forfeiture.

If the department requires a bid bond or certified or cashier's check as provided in section 18.37, a successful bidder shall, within ten days after the award, enter into a contract in accordance with the bid. Unless this is done, or the delay is for reasons satisfactory to the director, the bid bond or certified or cashier's check submitted with the bid shall be forfeited to the state. The bid specifications on which the bid is made constitute a part of the contract.

18.44 Contract provisions.

The department shall enter into contracts which the department determines are reasonable. The department may ensure that the contracts provide for the following:

1. The contractor shall complete all unfinished portions of jobs or orders in hand at the expiration of the contract.

2. The contract may be canceled, or other agreed penalty imposed, for failure to perform the terms thereof in a manner satisfactory to the director.

3. The contractor may be released on such conditions as may be agreed on, in case of injury to the contractor's plant by fire, or other providential contingency.

4. In order to avoid delay and inconvenience in the departments, and unnecessary transportation charges to the state, deliveries of printing for the various state officials, departments, boards, and commissions shall be made in the manner the director, after consultation with the various departments, orders.

18.45 Bond.

The department may require that a bidder provide a bond for the faithful performance of a contract. The amount of the bond shall be established by the director. The bond shall be filed with the department as specified and approved by the director.

18.46 Authorization of orders.

Printing shall not be performed under any contract except as authorized by the director. Each order shall designate the contract under which the order is given and the class, quantity, and kind of the required printing.

18.47 Assistants outside Des Moines.

The director may, at the various points in the state, outside the city of Des Moines, at which state institutions or departments are located, appoint assistants and empower the assistants to issue in the name of the director, orders for printing. Assistants shall be furnished with a copy of the contract under which the orders are to be given, necessary blank order books and proper instructions as to their procedure. Assistants on issuing an order shall immediately forward the original thereof to the director.

18.48 Defective printing--penalty.

The director may reject or refuse delivery on printing which is not of the quality for which the contract was awarded. If immediate necessity or lack of time to procure printing elsewhere compels the use of defective printing furnished by a contractor, the defective printing shall be accepted without approval, and one-half of the contract price shall be deducted as liquidated damages for breach of contract. The amount of the liquidated damages may be deducted from any payment to the contractor under any state contract.

18.49 Contracts by institutional heads.

The director may authorize the managing board, or head, or chief executive officer of any institution or department of the state located outside Polk county to secure, under the specifications of the director, competitive bids for printing needed by the institution or department, and submit the bids to the director. If the director approves any of the bids, the authorized board, head, or officer may contract for the printing, but the contract shall not be valid until the director approves the contract. The director shall prescribe the manner by which the director is notified of and approves the contract.

18.5 Prohibited interests.

The director shall not have any pecuniary interest, directly or indirectly, in any contract for supplies furnished to the state, or in any business enterprise involving any expenditure by the state. A violation of the provisions of this section shall be a serious misdemeanor, and on conviction thereof the director shall be removed from office in addition to any other penalty.

18.50 Emergency contracts.

The director may at any time award a separate printing contract or may authorize an assistant to award a separate printing contract for any work and materials or printing supplies within the provisions of chapter 7A and sections 18.26 to 18.103 which are not included in current printing contracts or which cannot properly be made the subject of a general contract. A separate printing contract must have been duly solicited by the director from vendors engaged in the kind of work under consideration who have indicated a desire to bid on the class of work to be performed.

18.51 Paper, printing supplies, and accounting.

1. The director may contract for paper and other printing supplies as part of a printing contract. The director may purchase paper and other printing supplies and furnish them to a contractor.

2. The director shall keep an accurate account with any person doing printing for the state. The director shall charge the person the value of all paper drawn, credit the person with all paper used on behalf of the state, and compel an accounting for all paper which is not used.

18.52 Paper account.

Repealed by 98 Acts, ch 1164, §41.

18.53 Account with each department.

The director shall keep an account with each separate officer, board, department, and commission of the state to which printing is furnished by the state, in a manner to show in detail at all times what printing has been furnished, and the cost thereof.

18.54 Budget estimates.

Each official, board, department, commission or agency of the state shall file as part of its budget its estimate of expenditures for printing and these expenditures shall be paid from its official, board, department, commission or agency appropriation.

18.55 Director to separate items.

Repealed by 98 Acts, ch 1119, §26; 98 Acts, ch 1164, §41.

18.56 Vouchers--form--audit.

Repealed by 98 Acts, ch 1119, §26; 98 Acts, ch 1164, §41.

18.57 Centralized printing department.

A centralized printing department is hereby established under the jurisdiction of the director.

A permanent revolving fund is established and may be used in making payments for supplying paper stock, offset printing, copy preparation, binding, distribution costs, and original payment of printing and binding claims for any of the state departments, bureaus, commissions or institutions. All salaries and expenses properly chargeable thereto shall be paid from this fund. The director may also use the fund for the purchase of replacement or additional equipment, if a sufficient balance will remain in the fund to enable the continued operation of the centralized printing department.

The director shall periodically render a statement to each state department, bureau, commission or institution for the cost of paper stock, offset printing, copy preparation, distribution or binding supplied thereto. The expense shall be paid by the state departments, bureaus, commissions or institutions in the same manner as other expenses of the departments are paid, and the sum shall be credited to the centralized printing revolving fund. If a surplus accrues to the fund for which there is no anticipated need or use, the governor shall order the surplus turned over to the general fund of the state.

18.58 Printing machinery centralized--exception.

All printing presses, except such presses owned by the auditor of state and purchased pursuant to the provisions of section 11.4, and other printing equipment owned by the state and in the possession of any department, commission, agency, or board located in the city of Des Moines shall be centralized in a state building in the city of Des Moines under the control of the director.

All office copiers and other duplicating equipment owned by or in the possession of executive and judicial departments, commissions, agencies, or boards located in the city of Des Moines shall be under the jurisdiction of the director. The director may lease or purchase the duplicating machines as are necessary for each of the departments with funds from the revolving fund and assess the costs of operating the duplicating machines to the appropriate department.

18.59 Powers and duties.

The director is hereby authorized and directed:

1. To possess all presses and other printing equipment, inventory all of the described equipment, and dispose of the machinery and equipment that is no longer necessary or is unfit for use. Receipts from the sale of presses, printing equipment, printing supplies, and other machinery or equipment used in the printing operation shall be deposited in the centralized printing revolving fund established in section 18.57.

2. To maintain the machinery and equipment and in the director's discretion, when the equipment is outmoded and becomes obsolescent, to purchase machinery and equipment for replacement purposes.

3. To make the printing department, its machinery and equipment available for the state printing services when in the director's discretion it is to the best interests of the state that it, rather than the contract procedure provided by section 18.27 shall be used; and to effectuate this power and direction, the director shall adopt suitable rules for the administration and fulfillment of the power and direction hereby imposed.

4. To install and maintain an accurate accounting system appropriate and fitted to the purposes and the operations of this department. Each official, board, department, commission or agency shall requisition the director for its printing needs, accompanying such requisition with a statement of costs of compilation and editorial work upon the material to be published.

5. To avoid duplication, overlapping and redundancy of pamphlets and publications, other than official documents and books and publications authorized by chapters 2B and 7A, to examine the contents of proposed pamphlets or publications and to approve or disapprove such pamphlets or publications only for such reason; and to effectuate this power, the director shall adopt rules for its administration.

18.6 Competitive bidding--preferences--reciprocal application--direct purchasing.

The director shall promulgate rules establishing competitive bidding procedures.

1. All equipment, supplies, or services procured by the department shall be purchased by a competitive bidding procedure. However, the director may exempt by regulation purchases of noncompetitive items and purchases in lots or quantities too small to be effectively purchased by competitive bidding. Preference shall be given to purchasing Iowa products and purchases from Iowa based businesses if the bids submitted therefor are comparable in price to bids submitted by out-of-state businesses and otherwise meet the required specifications. If the laws of another state mandate a percentage preference for businesses or products from that state and the effect of the preference is that bids of Iowa businesses or products that are otherwise low and responsive are not selected in the other state, the same percentage preference shall be applied to Iowa businesses and products when businesses or products from that other state are bid to supply Iowa requirements.

2. The director may also exempt the purchase of an item or service from a competitive bidding procedure when the director determines that the best interests of the state will be served by the exemption which shall be based on one of the following:

a. An immediate or emergency need existing for the item or service.

b. A need to protect the health, safety, or welfare of persons occupying or visiting a public improvement or property located adjacent to the public improvement.

3. The director shall have the power to contract for the purchase of items or services by the department. Contracts for the purchase of items shall be awarded on the basis of the lowest competent bid. Contracts not based on competitive bidding shall be awarded on the basis of bidder competence and reasonable price.

The director may enter into an agreement with the government of another state or with the federal government to provide for the cooperative purchase of an item or service of general use in this state.

4. The director may refuse all bids on any item or service and institute a new bidding procedure.

5. The director shall establish by regulation the amount of security, if any, to accompany a bid or as a condition precedent to the awarding of any contract and the circumstances under which a security will be returned to the bidder or forfeited to the state.

6. The director shall promulgate rules providing a method for the various state agencies to file with the department of general services a list of those supplies, equipment, machines, and all items needed to properly perform their governmental duties and functions.

7. The director shall furnish a list of specifications, prices, and discounts of contract items to any governmental subdivision which shall be responsible for payment to the vendor under the terms and conditions outlined in the state contract.

8. The director shall establish rules providing that any state agency may, upon request, purchase directly from a vendor if the direct purchasing is as economical or more economical than purchasing through the department, or upon a showing that direct purchasing by the state agency would be in the best interests of the state due to an immediate or emergency need. The rules shall include a provision permitting a state agency to purchase directly from a vendor, on the agency's own authority, if the purchase will not exceed five thousand dollars and the purchase will contribute to the agency complying with or exceeding the targeted small business procurement goals under sections 73.15 through 73.21.

Any member of the executive council may bring before the council for review a decision of the director granting a state agency request for direct purchasing. The executive council shall hear and review the director's decision in the same manner as an appeal filed by an aggrieved bidder, except that the three-day period for filing for review shall not apply.

9. a. When the estimated total cost of construction, erection, demolition, alteration, or repair of a public improvement exceeds twenty-five thousand dollars, the department shall solicit bids on the proposed improvement by publishing an advertisement in a print format. The advertisement shall appear in two publications in a newspaper published in the county in which the work is to be done. The first advertisement for bids appearing in a newspaper shall be not less than fifteen days prior to the date set for receiving bids. The department may publish an advertisement in an electronic format as an additional method of soliciting bids under this paragraph.

b. In awarding a contract, the department shall let the work to the lowest responsible bidder submitting a sealed proposal. However, if the department considers the bids received not to be acceptable, all bids may be rejected and new bids requested. A bid shall be accompanied by a certified or cashier's check or bid bond in an amount designated in the advertisement for bids as security that the bidder will enter into a contract for the work requested. The department shall establish the bid security in an amount equal to at least five percent, but not more than ten percent of the estimated total cost of the work. The certified or cashier's checks or bid bonds of unsuccessful bidders shall be returned as soon as the successful bidder is determined. The certified or cashier's check or bid bond of the successful bidder shall be returned upon execution of the contract. This section does not apply to the construction, erection, demolition, alteration, or repair of a public improvement when the contracting procedure for the work requested is otherwise provided for in law.

10. The state and its political subdivisions shall give preference to purchasing Iowa products and purchasing from Iowa based businesses if the bids submitted are comparable in price to those submitted by other bidders and meet the required specifications.

11. The director shall adopt rules which require that each bid received for the purchase of items purchased by the department includes a product content statement which provides the percentage of the content of the item which is reclaimed material.

12. The director shall review and, where necessary, revise specifications used by state agencies to procure products in order to ensure that all of the following occur:

a. The procurement of products containing recovered materials, including but not limited to lubricating oils, retread tires, building insulation materials, and recovered materials from waste tires. The specifications shall be revised if they restrict the use of alternative materials, exclude recovered materials, or require performance standards which exclude products containing recovered materials unless the agency seeking the product can document that the use of recovered materials will hamper the intended use of the product.

b. The procurement of biodegradable hydraulic fluids in accordance with the requirements of section 18.22.

13. A bidder awarded a state construction contract shall disclose the names of all subcontractors, who will work on the project being bid, within forty-eight hours after the award of the contract.

If a subcontractor named by a bidder awarded a state construction contract is replaced, or if the cost of work to be done by a subcontractor is reduced, the bidder shall disclose the name of the new subcontractor or the amount of the reduced cost.

14. The state shall purchase those products produced for sale by sheltered workshops, work activity centers, and other special programs funded in whole or in part by public moneys that employ persons with mental retardation or other developmental disabilities or mental illness if the products meet the required specifications.

15. The state shall make every effort to purchase products produced for sale by employers of persons in supported employment.

18.60 Cost systems maintained by departments.

Each official, board, department, commission, or agency located outside Polk county, who maintains printing equipment or does any printing for the state or its departments shall likewise keep an accurate cost system and report each June 30 to the director of the amounts. These reports shall be included in the annual, fiscal, or calendar report of the director.

18.61 Departmental pamphlets--costs.

Each official, board, department, commission and agency, who as part of its membership fee provides pamphlets and books, shall furnish all the costs of such publications. These costs shall be included in their printing budget.

18.62 Paper stock drawn.

All paper, envelopes, and other paper stock to be used in their Des Moines offices shall be drawn by the several state departments and agencies from the department of general services with its approval and charged to the several officials, boards, departments, commissions, or agencies and paid from the printing appropriation of each board, official, department, commission, or agency.

18.63 Approval required for printing.

A department or commission of state located in Polk county shall not expend moneys for the publication or distribution of books, pamphlets, or reports unless the publication is expressly required by law or approved by the director. The state printing administrator may exempt minimal single printing projects from the requirements of this section in order to permit a state agency to timely procure printing, if a state contract is not currently available. The department shall adopt rules establishing criteria for exemption of minimal printing projects under this section.

The director may establish a central sales and distribution center from which shall be distributed all books, pamphlets, documents, reports and publications not required by law to be otherwise distributed. The director shall from time to time establish the cost of printing and distribution or mailing each book, pamphlet, report, document and publication. The director shall, thereafter, cause to be delivered, sent, or mailed to anyone requesting a book, pamphlet, report, document, or publication upon receipt of the cost thereof plus distribution or mailing charges. Anyone may examine a copy of any book, pamphlet, document, report or publication at the central sales and distribution center.

18.64 to 18.73

Reserved.

18.7 Disputes involving purchasing from Iowa state industries.

Disputes arising between the department of corrections and a purchasing department or agency over the procurement of products from Iowa state industries as described in section 904.808 shall be referred to the director. The decision of the director is final unless a written appeal is filed with the executive council within five days of receipt of the decision of the director, excluding Saturdays, Sundays, and legal holidays. If an appeal is filed, the executive council shall hear and determine the appeal within thirty days. The decision of the executive council is final.

18.74 Appointment.

The director of the department of general services shall appoint the state printing administrator to administer this division. The administrator shall serve at the pleasure of the director and is not subject to the merit system provisions of chapter 19A.

18.75 Duties.

The state printing administrator shall:

1. Have an office at the seat of government and devote full time to the duties of the position.

2. Have charge of office equipment and supplies and of the stock, if any, required in connection with printing contracts.

3. Have general supervision of all matters pertaining to the enforcement of contracts for printing.

4. Prepare the specifications and advertisements for printing.

5. Have control and direction of the document department.

6. Have legal custody of all Codes, session laws, books of annotations, tables of corresponding sections, publications, except premium lists published by the Iowa state fair board, containing reprints of statutes or administrative rules, or both, reports of state departments, and reports of the supreme court, and sell, account for, and distribute the same as provided by law.

7. Be responsible on an official bond for the public property coming into the administrator's possession.

8. By November 1 of each year supply a report which contains the name, gender, county, or city of residence when possible, official title, salary received during the previous fiscal year, base salary as computed on July 1 of the current fiscal year, and traveling and subsistence expense of the personnel of each of the departments, boards, and commissions of the state government except personnel who receive an annual salary of less than one thousand dollars. The number of the personnel and the total amount received by them shall be shown for each department in the report. All employees who have drawn salaries, fees, or expense allowances from more than one department or subdivision shall be listed separately under the proper departmental heading. On the request of the administrator, the head of each department, board, or commission shall furnish the data covering that agency. The report shall be distributed upon request without charge to each caucus of the general assembly, the legislative service bureau, the legislative fiscal bureau, the chief clerk of the house of representatives, and the secretary of the senate. Copies of the report shall be made available to other persons in both print or electronic medium upon payment of a fee, which shall not exceed the cost of providing the copy of the report. Sections 22.2 through 22.6 apply to the report. All funds from the sale of the report shall be deposited in the general fund. Requests for publications shall be handled only upon receipt of postage by the administrator.

9. Perform such other duties as are necessary, or incident to the position, or which may be ordered by the director, or required by law.

18.76 Manuscript--editing--general directions.

Repealed by 98 Acts, ch 1119, §26; 98 Acts, ch 1164, §41.

18.77 Co-operation.

Repealed by 98 Acts, ch 1164, §41.

18.78 Appeals.

Repealed by 98 Acts, ch 1119, §26; 98 Acts, ch 1164, §41.

18.79 Record relative to documents.

Repealed by 98 Acts, ch 1119, §26; 98 Acts, ch 1164, §41.

18.8 Capitol buildings and grounds--services.

The director shall provide necessary lighting, fuel, and water services for the state buildings and grounds located at the seat of government, except the buildings and grounds referred to in section 216B.3, subsection 6.

The director shall establish, supervise, and maintain a central mail unit for the use of all state officials and agencies located at the seat of government. All state officials and agencies located at the seat of government shall be required to dispatch first and second class mail and parcel post mail, at the mail unit for the purpose of having the mail sealed, metered, and posted.

The director shall allow a department to seal, meter or stamp, and post mail directly from such department if it would be more efficient and economical.

Postage shall not be furnished to the general assembly, its members, officers, employees, or committees.

Except for buildings and grounds described in section 216B.3, subsection 6; section 2.43, unnumbered paragraph 1; and any buildings under the custody and control of the Iowa public employees' retirement system, the director shall assign office space at the capitol, other state buildings and elsewhere in the city of Des Moines, for all executive and judicial state agencies. Assignments may be changed at any time. The various officers to whom rooms have been so assigned may control the same while the assignment to them is in force. Official apartments shall be used only for the purpose of conducting the business of the state. The term "capitol" or "capitol building" as used in the Code shall be descriptive of all buildings upon the capitol grounds. The capitol building itself is reserved for the operations of the general assembly, the governor and the courts and the assignment and use of physical facilities for the general assembly shall be pursuant to section 2.43.

The director shall appoint a superintendent of buildings and grounds, who shall serve at the pleasure of the director and is not governed by the merit system provisions of chapter 19A.

18.80 Reserve supply.

The superintendent shall designate, subject to the approval of the director, the number of copies of reports and publications to be held in reserve, and copies thus held in reserve shall be distributed only upon the written request of the head of the department, approved by the superintendent, and ordered by the director.

18.81 Unused documents.

The superintendent shall from time to time report to the director any documents in the superintendent's custody deemed not needed and which have been printed five years or more, and if the report has the written approval of the head of the department from which the documents were issued, the director may condemn and order the documents sold, and the proceeds turned into the unappropriated funds of the state. If a department no longer exists, approval by the head of the department shall not be required. If the condemned documents cannot be sold the director may order them destroyed.

18.82 Custody of documents and storage rooms.

The state printing administrator shall receive and have the custody of all printed matter, including all documents and reports, for which the state printing administrator is responsible under this chapter. The state printing administrator shall make and supervise the distribution of the printed matter in such manner as will be most economical and useful to the public. The state printing administrator shall have charge of the state storage building or rooms, in which the state printing administrator shall keep the printed matter.

18.83 Information as to documents.

The superintendent shall advise the public of the publication of reports and documents and of the nature of the material therein, and give information as to the publications that are available for distribution and how to obtain them.

18.84 Mailing lists.

The superintendent shall require from officials or heads of departments mailing lists, or addressed labels or envelopes, for use in distribution of reports and documents. The superintendent shall revise such lists, eliminating duplications and adding to the lists libraries, institutions, public officials, and persons having actual use for the material. The superintendent shall arrange the lists so as to reduce to the minimum the postage or other cost for delivery. Requests for publications shall be handled only upon receipt of postage by the superintendent from the requesting agency or department.

18.85 Copies to departments.

The superintendent shall furnish the various officials and departments with copies of their reports needed for office use or to be distributed to persons requesting the reports. Requests for publications shall be handled only upon receipt of postage by the superintendent.

18.86 Assembly members.

The official reports, the miscellaneous documents and other publications upon request, and the completed journals of the general assembly and ten copies of the official register, shall be sent to each member of the general assembly, and, so far as they are available, additional copies upon their request. Requests for publications shall be handled only upon receipt of postage by the superintendent.

18.87 Libraries.

The completed journals of the general assembly, and the official register shall be sent to each free public library in Iowa, the division of libraries and information services of the department of education, the commission of libraries, libraries at state institutions, and college libraries.

18.88 Newspapers.

The journals of the general assembly and the official register shall be sent to each newspaper of general circulation in Iowa, and editors of newspapers in Iowa shall be entitled to other publications on request when they are available. Requests for publications shall be handled only upon receipt of postage by the superintendent.

18.89 Congressional library.

Two copies of each publication shall be sent to the library of Congress.

18.8A Terrace Hill commission.

1. The Terrace Hill commission is created consisting of nine persons, appointed by the governor, who are knowledgeable in business management and historic preservation and renovation. The governor shall appoint the chairperson. The terms of the commission members are for three years beginning on July 1 and ending on June 30.

2. The Terrace Hill commission may consult with the Terrace Hill society, Terrace Hill foundation, the executive and legislative branches of this state, and other persons interested in the property.

3. The Terrace Hill commission may enter into contracts, subject to this chapter, to execute its purposes.

4. The commission may adopt rules to administer and implement the programs of the commission. The decision of the commission is final agency action under chapter 17A.

18.9 Revolving fund.

The director shall keep an accurate itemized account for each state agency purchasing through the department, state agency using services provided for by the department, and postage supplied by the department.

1. At the end of each month the director shall render a statement to each state agency for the actual cost of items purchased through the department, the actual cost of services and postage used by the agency. The monthly statement shall also include a fair proportion of the cost of administration of the department of general services during the month. The portion of administrative costs shall be determined by the director subject to review by the executive council upon complaint from any state agency adversely affected.

2. Statements rendered to the various state agencies shall be paid by the state agencies in the manner determined by the department of revenue and finance. When the statements are paid the sums shall be credited to the general service revolving fund. If any funds accrued to the revolving fund in excess of two hundred twenty-five thousand dollars and there is no anticipated need or use for such funds, the governor shall order the excess funds credited to the general fund of the state.

18.90 County auditors.

The completed journals of the general assembly, and the official register shall be sent to each county auditor, who shall be required to keep the same at all times available for the inspection of the public.

18.91 School libraries.

The official register shall be distributed, in addition to the foregoing provisions, to the school libraries.

18.92 General distribution.

The superintendent may send additional copies of publications to other state officials, individuals, institutions, libraries, or societies that may request them. Requests for publications shall be handled only upon receipt of postage by the superintendent.

18.93 Geological reports.

The reports and bulletins of the geological survey shall be placed at the disposal of the state geologist.

18.94

Repealed by 81 Acts, ch 117, § 1097.

18.95 Old Codes.

The state printing administrator may distribute to law enforcement officers and other persons in the administrator's discretion all Codes and Code Supplements which have been supplanted by a newly issued Code, and all session laws which antedate the publication of the last issued Code by at least four years. However, the administrator shall maintain in reserve a number of copies of each publication as may be fixed by the director. The reserve, when fixed, shall not be distributed except on the order of the executive council. Requests for publications shall be handled upon receipt of postage by the administrator. However, county officials requesting publications under this section shall not be required to pay postage.

18.96 Distribution to colleges.

Upon application, in writing, from the librarian or chief executive officer of any incorporated college in this state, the state printing administrator shall, upon the approval of the director, forward to the applicant, without charge, bound volumes of the laws enacted. Requests for publications shall be handled only upon receipt of postage by the administrator.

18.97 Special distribution of legal publications.

The state printing administrator shall make free distribution of the printed versions of the Code, supplements to the Code, rules of civil procedure, rules of appellate procedure, rules of criminal procedure, supreme court rules, the Acts of each general assembly, and, upon request, the Iowa administrative code, its supplements, the Iowa administrative bulletin and the state roster pamphlet as follows:

1.To state law library for exchange purposes                                                                              . . . . . . . . .                  65 copies

2.To law library of state university of Iowa for                                                                          exchange purposes . . . . . . . . .  60 copies

3.To historical division of the department of                                                                             cultural affairs . . . . . . . . .   2 copies

4.To state historical society . . . . . . . . .   2 copies

5.To each judge of the supreme court, the court                                                                           of appeals and the district court, two copies; and to                                                                            each district associate judge and each judicial mag-                                                                             istrate . . . . . . . . .            1 copy

6.To each judge of the federal courts in Iowa                                                                             . . . . . . . . .                    1 copy

7.To the clerk of the supreme court of Iowa                                                                               . . . . . . . . .                    1 copy

8.To the clerk of each federal court in Iowa                                                                              . . . . . . . . .                    1 copy

9.To each state institution under the control of                                                                          the department of corrections, the state board of re-                                                                            gents or the state department of human services                                                                                  . . . . . . . . .                    1 copy

10.To each elective state officer . . . . . . . . .   2 copies

11.To the separate departments of principal                                                                               state offices and each major subdivision thereof . . . . . . . . .                                                                             . . . . . . . . .                    1 copy

12.To each member of the present and subse-                                                                               quent general assemblies . . . . . . . . .  1 copy

13.To the chief clerk of the house and secretary of the senate such number as may be required by the house and senate.

14.To the following offices such number of copies as will enable them to perform the duties of their respective offices:

a.Iowa Code editor and administrative code editor.

b.Attorney general.

c.Legislative service bureau.

d.Legislative fiscal bureau.

e.State court administrator.

f.Each district court administrator.

15.To the clerk of the district court and each                                                                            separate office of the clerk, the county attorney, the                                                                           county auditor, the county recorder, county and city                                                                             assessor, the county treasurer, the sheriff and each                                                                             separate office of a sheriff, the public defender's of-                                                                          fice, and the administrator of each area education                                                                               agency in the state and also for use in each court-                                                                              room of the district court . . . . . . . . .  1 copy

16.To the library of the United States supreme                                                                            court . . . . . . . . .              1 copy

17.To the division of libraries and information                                                                           services of the department of education . . . . . . . . .                                                                                      . . . . . . .  1 copy for each depository library

18.To each member of the Iowa congressional                                                                               delegation . . . . . . . . .          1 copy

19.To each board of supervisors for each county                                                                           . . . . . . . . .                    1 copy

20.To each juvenile referee . . . . . . . . .  1 copy

In the case of copies of the free documents provided in this section to libraries, the state printing administrator may provide microfiche copies in lieu of bound copies and may provide more copies than indicated in this section if the additional copies are microfiche copies.

Each office, agency, or person receiving a free copy of a document under this section shall receive only the number of copies indicated free at the time of initial distribution and if a replacement document is necessary, it shall be provided only after payment of the normal subscription charge for such document.

If a version of a publication provided under this section is available in an electronic format, the state printing administrator and the legislative council may establish policies providing for the substitution of an electronic version for the printed version of the publication, and for the amount of payment, if any, required for the electronic publication. The payment amount shall not be more than established pursuant to section 7A.22 for the same publication. For the Iowa administrative code and its supplements, the state printing administrator and the legislative council may provide that the distribution requirement of this section is met by distributing relevant portions of the Iowa administrative code or its supplements in either a printed or electronic format, according to policies established by the state printing administrator and the legislative council.

18.97A Restrictions on free distributions.

Notwithstanding any section of this chapter to the contrary, the state printing administrator and the legislative council may review the publication costs and offsetting sales revenues relating to legal publications in printed and electronic formats, as prepared by the legislative service bureau. In order to distribute these legal publications in the most efficient manner possible to persons entitled to receive these publications pursuant to section 18.97, the state printing administrator and the legislative council may establish policies requiring payment from such persons. The payment amount shall not be more than established pursuant to section 7A.22 for the same publication.

18.98 Book of annotations and tables of corresponding sections.

Repealed by 92 Acts, ch 1163, § 123.

18.99 Appellate court reports.

The supreme court shall cause to be furnished without charge copies of any publication containing official reports of the supreme court and the court of appeals to the chambers of each judge of the district court in each county and to such other governmental agencies as the supreme court shall direct.