Text: HF00317 Text: HF00319 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 18.6, Code 2001, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 17. A state agency shall not knowingly
1 4 purchase a product manufactured by a business that is in
1 5 violation of the prohibition set forth under the federal Fair
1 6 Labor Standards Act of 1938, 29 U.S.C. } 215(a). Contracts
1 7 for the purchase of goods shall state the location of the
1 8 establishment where the product is manufactured and assembled
1 9 and whether the manufacturer is in compliance with the
1 10 provisions set forth under the federal Fair Labor Standards
1 11 Act of 1938, 29 U.S.C. } 215(a).
1 12 Sec. 2. Section 216B.3, Code 2001, is amended by adding
1 13 the following new subsection:
1 14 NEW SUBSECTION. 18. Prohibit the knowing purchase by the
1 15 department of a product manufactured by a business that is in
1 16 violation of the prohibition set forth under the federal Fair
1 17 Labor Standards Act of 1938, 29 U.S.C. } 215(a). Contracts
1 18 for the purchase of goods shall state the location of the
1 19 establishment where the product is manufactured and assembled
1 20 and whether the manufacturer is in compliance with the
1 21 provisions set forth under the federal Fair Labor Standards
1 22 Act of 1938, 29 U.S.C. } 215(a).
1 23 Sec. 3. Section 262.10, Code 2001, is amended to read as
1 24 follows:
1 25 262.10 PURCHASES – PROHIBITIONS.
1 26 1. a. No sale or purchase of real estate shall be made
1 27 save upon the order of the board, made at a regular meeting,
1 28 or one called for that purpose, and then in such manner and
1 29 under such terms as the board may prescribe and only with the
1 30 approval of the executive council. No member of the board or
1 31 any of its committees, offices or agencies nor any officer of
1 32 any institution, shall be directly or indirectly interested in
1 33 such purchase or sale.
1 34 b. Purchases of real estate may be made on written
1 35 contracts providing for payment over a period of years but the
2 1 obligations thereon shall not constitute a debt or charge
2 2 against the state of Iowa nor against the funds of the board
2 3 or the funds of the institution for which said purchases are
2 4 made. Purchase payments may be made from appropriated capital
2 5 funds or from other funds lawfully available for that purpose
2 6 and allocated therefor by the board, or from any combination
2 7 of the foregoing, but not from appropriated operating funds.
2 8 All state appropriated capital funds used for any one purchase
2 9 contract shall be taken entirely from a single capital
2 10 appropriation and shall be set aside for that purpose. In
2 11 event of default, the only remedy of the seller shall be
2 12 against the property itself and the rents and profits thereof,
2 13 and in no event shall any deficiency judgment be entered or
2 14 enforced against the state of Iowa, the board, or the
2 15 institution for which the purchase was made. Provided,
2 16 however, that no part of the tuition fees shall be used in the
2 17 purchase of such real estate.
2 18 2. The state board of regents and the institutions under
2 19 its control shall not knowingly purchase a product
2 20 manufactured by a business that is in violation of the
2 21 prohibition set forth under the federal Fair Labor Standards
2 22 Act of 1938, 29 U.S.C. } 215(a). Contracts for the purchase
2 23 of goods shall state the location of the establishment where
2 24 the product is manufactured and assembled and whether the
2 25 manufacturer is in compliance with the provisions set forth
2 26 under the federal Fair Labor Standards Act of 1938, 29 U.S.C.
2 27 } 215(a).
2 28 Sec. 4. Section 307.21, subsection 4, paragraph a,
2 29 unnumbered paragraph 1, Code 2001, is amended to read as
2 30 follows:
2 31 Provide centralized purchasing services for the department,
2 32 in cooperation with the department of general services.
2 33 However, the administrator shall not knowingly purchase a
2 34 product manufactured by a business that is in violation of the
2 35 prohibition set forth under the federal Fair Labor Standards
3 1 Act of 1938, 29 U.S.C. } 215(a). Contracts for the purchase
3 2 of goods shall state the location of the establishment where
3 3 the product is manufactured and assembled and whether the
3 4 manufacturer is in compliance with the provisions set forth
3 5 under the federal Fair Labor Standards Act of 1938, 29 U.S.C.
3 6 } 215(a). The administrator shall, when the price is
3 7 reasonably competitive and the quality as intended, purchase
3 8 soybean-based inks and plastic products with recycled content,
3 9 including but not limited to plastic garbage can liners, and
3 10 shall purchase these items in accordance with the schedule
3 11 established in section 18.18. However, the administrator need
3 12 not purchase garbage can liners in accordance with the
3 13 schedule if the liners are utilized by a facility approved by
3 14 the environmental protection commission created under section
3 15 455A.6, for purposes of recycling. For purposes of this
3 16 subsection, "recycled content" means that the content of the
3 17 product contains a minimum of thirty percent postconsumer
3 18 material.
3 19 EXPLANATION
3 20 This bill prohibits state agencies, including the
3 21 departments of general services and transportation, the
3 22 department for the blind, and the state board of regents and
3 23 its institutions, from knowingly purchasing a product
3 24 manufactured by a business that is in violation of the "hot
3 25 goods" provisions of the federal Fair Labor Standards Act of
3 26 1938, which makes it illegal to ship goods in interstate
3 27 commerce that have been made in violation of the federal
3 28 minimum wage or overtime requirements, or that were produced
3 29 in an establishment where child labor violations occurred.
3 30 The bill requires that contracts entered into by state
3 31 agencies for the purchase of goods state the location of the
3 32 establishment where the product is manufactured and assembled
3 33 and whether the manufacturer is in compliance with the federal
3 34 "hot goods" provision.
3 35 LSB 1841YH 79
4 1 kh/cls/14.1
Text: HF00317 Text: HF00319 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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