Meeting Public Comments

Nancy Dugan [Select your title]

House Study Bill 567, in my opinion, bears an inaccurate title. The title of this bill is as follows: "An Act relating to public improvement contracts, including notice requirements." But the bill allows for the following: "The public corporation shall not be liable for any claims or damages based on or arising out of the public corporations failure to comply with this paragraph." A more accurate title would perhaps be as follows: "An Act exempting a public corporation from any liability arising out of the public corporation's failure to comply with Iowa Code section 573.16(1)(b)." You are effectively granting a waiver to public corporations for failure to comply with a statute. Where are such waivers granted elsewhere in the Code? Why is said waiver being proposed? Do you grant waivers of this nature to residential property owners? If you do not, in my opinion, you are in violation of the Iowa Constitution: Article 1, Section 1: "All men and women are, by nature, free and equal, and have certain inalienable rights among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness." I believe you may also be in violation of Article 1, Section 6 of the Iowa Constitution: "All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens." You have taken an oath to protect the Iowa Constitution. Honor it. Do not defile it. Link to bill: https://www.legis.iowa.gov/legislation/BillBook?ba=HSB567&ga=91