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Senate File 272

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 272     
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO CONFLICTS OF INTEREST IN PUBLIC CONTRACTS.  
  1  5 
  1  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  7 
  1  8    Section 1.  Section 279.7A, Code 2003, is amended to read
  1  9 as follows:
  1 10    279.7A  INTEREST IN PUBLIC CONTRACTS PROHIBITED –
  1 11 EXCEPTIONS.
  1 12    A member of the board of directors of a school corporation
  1 13 shall not have an interest, direct or indirect, in a contract
  1 14 for the purchase of goods, including materials and profits,
  1 15 and the performance of services for the director's school
  1 16 corporation.  A contract entered into in violation of this
  1 17 section is void.  This section does not apply to contracts for
  1 18 the purchase of goods or services which benefit a director, or
  1 19 to compensation for part-time or temporary employment which
  1 20 benefits a director, if the benefit to the director does not
  1 21 exceed two thousand five hundred dollars in a fiscal year, and
  1 22 contracts made by a school board, upon competitive bid in
  1 23 writing, publicly invited and opened.  This section does not
  1 24 apply to a contract that is a bond, note, or other obligation
  1 25 of a school corporation if the contract is not acquired
  1 26 directly from the school corporation, but is acquired in a
  1 27 transaction with a third party, who may or may not be the
  1 28 original underwriter, purchaser, or obligee of the contract,
  1 29 or to a contract in which a director has an interest solely by
  1 30 reason of employment if the contract is made by competitive
  1 31 bid in writing, publicly invited and opened, or if the
  1 32 remuneration of employment will not be directly affected as a
  1 33 result of the contract and the duties of employment do not
  1 34 directly involve the procurement or preparation of any part of
  1 35 the contract.  The competitive bid qualification of this
  2  1 section does not apply to a contract for professional services
  2  2 not customarily awarded by competitive bid.
  2  3    Sec. 2.  Section 331.342, subsection 4, Code 2003, is
  2  4 amended to read as follows:
  2  5    4.  Contracts in which a county officer or employee has an
  2  6 interest solely by reason of employment, or a stock interest
  2  7 of the kind described in subsection 8, or both, if the
  2  8 contracts are made by competitive bid, publicly invited and
  2  9 opened, and or if the remuneration of employment will not be
  2 10 directly affected as a result of the contract and the duties
  2 11 of employment do not directly involve the procurement or
  2 12 preparation of any part of the contract.  The competitive bid
  2 13 qualification of this subsection does not apply to a contract
  2 14 for professional services not customarily awarded by
  2 15 competitive bid.
  2 16    Sec. 3.  Section 331.342, Code 2003, is amended by adding
  2 17 the following new subsection:
  2 18    NEW SUBSECTION.  11.  A contract that is a bond, note, or
  2 19 other obligation of the county and the contract is not
  2 20 acquired directly from the county, but is acquired in a
  2 21 transaction with a third party, who may or may not be the
  2 22 original underwriter, purchaser, or obligee of the contract.
  2 23    Sec. 4.  Section 362.5, subsection 5, Code 2003, is amended
  2 24 to read as follows:
  2 25    5.  Contracts in which a city officer or employee has an
  2 26 interest solely by reason of employment, or a stock interest
  2 27 of the kind described in subsection 9, or both, if the
  2 28 contracts are made by competitive bid in writing, publicly
  2 29 invited and opened, or if the remuneration of employment will
  2 30 not be directly affected as a result of the contract and the
  2 31 duties of employment do not directly involve the procurement
  2 32 or preparation of any part of the contract.  The competitive
  2 33 bid qualification of this subsection does not apply to a
  2 34 contract is for professional services not customarily awarded
  2 35 by competitive bid, if the remuneration of employment will not
  3  1 be directly affected as a result of the contract, and if the
  3  2 duties of employment do not directly involve the procurement
  3  3 or preparation of any part of the contract.
  3  4    Sec. 5.  Section 362.5, Code 2003, is amended by adding the
  3  5 following new subsection:
  3  6    NEW SUBSECTION.  13.  A contract that is a bond, note, or
  3  7 other obligation of the city and the contract is not acquired
  3  8 directly from the city, but is acquired in a transaction with
  3  9 a third party who may or may not be the original underwriter,
  3 10 purchaser, or obligee of the contract.  
  3 11 
  3 12 
  3 13                                                             
  3 14                               MARY E. KRAMER
  3 15                               President of the Senate
  3 16 
  3 17 
  3 18                                                             
  3 19                               CHRISTOPHER C. RANTS
  3 20                               Speaker of the House
  3 21 
  3 22    I hereby certify that this bill originated in the Senate and
  3 23 is known as Senate File 272, Eightieth General Assembly.
  3 24 
  3 25 
  3 26                                                             
  3 27                               MICHAEL E. MARSHALL
  3 28                               Secretary of the Senate
  3 29 Approved                , 2003
  3 30 
  3 31 
  3 32                                
  3 33 THOMAS J. VILSACK
  3 34 Governor
     

Text: SF00271                           Text: SF00273
Text: SF00200 - SF00299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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