Text: HF02610 Text: HF02612 Text: HF02600 - HF02699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 68B.2A, Code 2001, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 4. For purposes of this section, 1 4 "employed by" or "employment" includes persons who are under 1 5 contract to sell goods or services to the state or a political 1 6 subdivision of the state. 1 7 Sec. 2. Section 68B.3, Code 2001, is amended by adding the 1 8 following new subsection: 1 9 NEW SUBSECTION. 3. A person contracting with a state 1 10 agency to sell goods or services to such state agency shall 1 11 not sell goods to the state agency or provide a service to the 1 12 state agency beyond what is included in the terms of the 1 13 contract unless the sale is made pursuant to a separate 1 14 contract let after public notice and competitive bidding. 1 15 Sec. 3. Section 73A.3, Code 2001, is amended to read as 1 16 follows: 1 17 73A.3 OBJECTIONS – HEARING – DECISION. 1 18 At such hearing, any person interested may appear and file 1 19 objections to the proposed plans, specifications, or proposed 1 20 form of contract for, or cost of such improvement. The 1 21 governing body of the municipality proposing to enter into 1 22 such contract shall hear said objections and any evidence for 1 23 or against the same, andforthwithimmediately enter of record 1 24 its decision thereon. 1 25 If an appeal pursuant to section 73A.4 is not filed, the 1 26 municipality may proceed to advertise for bids to let the 1 27 contract. 1 28 Sec. 4. Section 73A.4, unnumbered paragraph 2, Code 2001, 1 29 is amended to read as follows: 1 30 The notice shall be in writing and shall set forth the 1 31 objections to such decision and the grounds for such 1 32 objections; provided that at least three of the persons 1 33 signing said notice shall have appeared at the hearing and 1 34 made objection, either general or specific, to the adoption of 1 35 the proposed plans, specifications, or proposed form of 2 1 contract for, or cost of such improvement. 2 2 Sec. 5. Section 73A.5, subsections 2 and 5, Code 2001, are 2 3 amended to read as follows: 2 4 2. A copy of the proposed form of contract. 2 5 5. A copy of the objections, if any, which have been urged 2 6 by any taxpayer against the proposed plans, specifications, or 2 7 proposed form of contract for, or the cost of such 2 8 improvement. 2 9 Sec. 6. Section 73A.6, unnumbered paragraph 2, Code 2001, 2 10 is amended to read as follows: 2 11TheA hearing on proposed plans, specifications, or 2 12 proposed forms of contracts for the state institutions and 2 13 state fair board shall be at the seat of government. 2 14 Sec. 7. Section 73A.7, Code 2001, is amended to read as 2 15 follows: 2 16 73A.7 HEARING AND DECISION. 2 17 At such hearing, the appellants and any other interested 2 18 person may appear and be heard. The appeal board shall 2 19 examine, with the aid of competent assistants, the entire 2 20 record, and if it shall find that the form of contract is 2 21 suitable for the improvement proposed, that the improvement 2 22 and the method of providing for payment therefor is for the 2 23 best interests of the municipality and the taxpayers therein, 2 24 and that such improvements can be made within the estimates 2 25 therefor, it shall approve the same. Otherwise, it may reject 2 26 the same as a whole or, it shall recommend such modifications 2 27 of the plans, specifications, or form of contract, as in its 2 28 judgment shall be for the public benefit, and if such 2 29 modifications are so made, it shall approve the same. 2 30 The appeal board shall certify its decision to the 2 31 governing body proposing to enter into such contractunless it2 32shall have rejected the same as a whole, whereupon. After the 2 33 decision has been certified to the governing body, the 2 34 municipality shall advertise for bids and let the contract 2 35 subject to the approval of the appeal board which shall at 3 1 once render its final decision thereon and transmit the same 3 2 to the municipality. 3 3 Sec. 8. NEW SECTION. 73A.22 SPECIFIC PRODUCTS IN PLANS 3 4 OR SPECIFICATIONS PROHIBITED. 3 5 1. Plans or specifications for a public improvement shall 3 6 not specify, endorse, or recommend the use of a specific 3 7 product or brand of product unless the plans or specifications 3 8 state the test or standard by which the product is 3 9 demonstrated to be superior or unless equivalent products or 3 10 brands are also listed in the plans or specifications, or 3 11 unless a separate performance specification is prepared. 3 12 2. For purposes of this section, "public improvement" 3 13 means a public improvement as defined in section 73A.1 and 3 14 includes road construction, reconstruction, and maintenance 3 15 projects. 3 16 3. This section applies to the state, its agencies, and 3 17 any political subdivisions of the state. 3 18 4. If it is determined that application of this section 3 19 may cause denial of federal funds that would otherwise be 3 20 available, or would otherwise be inconsistent with 3 21 requirements of federal law, this section shall be suspended, 3 22 but only to the extent necessary to prevent denial of the 3 23 funds or to eliminate the inconsistency with federal 3 24 requirements. 3 25 EXPLANATION 3 26 This bill makes changes to the law relating to contracts 3 27 with the state and political subdivisions of the state for the 3 28 sale of goods and services and plans, specifications, and 3 29 contracts for public improvements. 3 30 The bill amends Code section 68B.2A on conflicts of 3 31 interest to include persons contracting with the state or a 3 32 political subdivision of the state within the scope of persons 3 33 prohibited from having certain conflicts of interest with the 3 34 state or political subdivision. The bill amends Code section 3 35 68B.3 to provide that a person contracting with a state agency 4 1 for the sale of goods or services cannot provide goods or 4 2 services beyond the terms of the contract unless a separate 4 3 contract has been let after public notice and competitive 4 4 bidding. 4 5 The bill amends Code chapter 73A to provide that a 4 6 municipality may not advertise for bids to let a contract for 4 7 a public improvement until after the public hearing and the 4 8 10-day time limit for appeal on the proposed plans, 4 9 specifications, and proposed form of contract. If there is an 4 10 appeal, the municipality may not advertise for bids to let the 4 11 contract until the appeal board has certified a decision to 4 12 the governing body of the municipality. "Municipality" is 4 13 defined as a township, school corporation, the state fair 4 14 board, and the state board of regents. 4 15 The bill also amends Code chapter 73A to provide that plans 4 16 or specifications for a public improvement shall not specify, 4 17 endorse, or recommend a specific product or brand unless the 4 18 test or standard demonstrating the product or brand to be 4 19 superior is also included, or unless equivalent products or 4 20 brands are also listed, or unless a separate performance 4 21 specification is prepared. The bill provides that this 4 22 amendment applies to the state, its agencies, and any 4 23 political subdivisions of the state and that a "public 4 24 improvement" for purposes of the amendment includes road 4 25 construction, reconstruction, and maintenance projects. 4 26 LSB 6152HH 79 4 27 sc/pj/5
Text: HF02610 Text: HF02612 Text: HF02600 - HF02699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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