House File 686 - Reprinted



                                     HOUSE FILE       
                                     BY  COMMITTEE ON EDUCATION

                                     (SUCCESSOR TO HSB 201)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the duties and responsibilities of the state
  2    board of regents and the institutions under its control.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2364HV 81
  5 kh/pj/5

PAG LIN



  1  1    Section 1.  Section 12B.10C, Code 2005, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  10.  The state board of regents governed
  1  4 by chapter 262.
  1  5    Sec. 2.  Section 73A.1, subsection 2, Code 2005, is amended
  1  6 to read as follows:
  1  7    2.  "Municipality" as used in this chapter means township,
  1  8 school corporation, and state fair board, and state board of
  1  9 regents.
  1 10    Sec. 3.  Section 262.9, subsection 7, Code 2005, is amended
  1 11 to read as follows:
  1 12    7.  With the approval of the executive council, acquire
  1 13 Acquire real estate for the proper uses of said institutions
  1 14 under its control, and dispose of real estate belonging to
  1 15 said the institutions when not necessary for their purposes.
  1 16 A The disposal of such real estate shall be made upon such
  1 17 terms, conditions, and consideration as the board may
  1 18 recommend and subject to the approval of the executive
  1 19 council.  If real estate subject to sale hereunder has been
  1 20 purchased or acquired from appropriated funds, the proceeds of
  1 21 such sale shall be deposited with the treasurer of state and
  1 22 credited to the general fund of the state.  There is hereby
  1 23 appropriated from the general fund of the state a sum equal to
  1 24 the proceeds so deposited and credited to the general fund of
  1 25 the state to the state board of regents, which, with the prior
  1 26 approval of the executive council, may be used to purchase
  1 27 other real estate and buildings, and for the construction and
  1 28 alteration of buildings and other capital improvements.  All
  1 29 transfers shall be by state patent in the manner provided by
  1 30 law.  The board is also authorized to grant easements for
  1 31 rights=of=way over, across, and under the surface of public
  1 32 lands under its jurisdiction when in the board's judgment such
  1 33 easements are desirable and will benefit the state of Iowa.
  1 34    Sec. 4.  Section 262.9, subsection 15, unnumbered paragraph
  1 35 2, Code 2005, is amended by striking the unnumbered paragraph.
  2  1    Sec. 5.  Section 262.10, unnumbered paragraph 1, Code 2005,
  2  2 is amended to read as follows:
  2  3    No sale or purchase of real estate shall be made save upon
  2  4 the order of the board, made at a regular meeting, or one
  2  5 called for that purpose, and then in such manner and under
  2  6 such terms as the board may prescribe and only with the
  2  7 approval of the executive council.  No member of the board or
  2  8 any of its committees, offices or agencies nor any officer of
  2  9 any institution, shall be directly or indirectly interested in
  2 10 such purchase or sale.
  2 11    Sec. 6.  Section 262.33A, Code 2005, is amended to read as
  2 12 follows:
  2 13    262.33A  FIRE AND ENVIRONMENTAL SAFETY == REPORT ==
  2 14 EXPENDITURES.
  2 15    It is the intent of the general assembly that each
  2 16 institution of higher education under the control of the state
  2 17 board of regents shall, in consultation with the state fire
  2 18 marshal, identify and correct all critical fire and
  2 19 environmental safety deficiencies.  The state fire marshal
  2 20 shall report annually to the joint subcommittee on education
  2 21 appropriations.  The report shall include, but is not limited
  2 22 to, the identified deficiencies in fire and environmental
  2 23 safety at the institutions, and plans for correction of the
  2 24 deficiencies and for compliance with this section.  Commencing
  2 25 July 1, 1993, each institution under the control of the state
  2 26 board of regents shall expend annually for fire safety and
  2 27 deferred maintenance at least the amount budgeted for these
  2 28 purposes for the fiscal year beginning July 1, 1992, in
  2 29 addition to any moneys appropriated from the general fund for
  2 30 these purposes in succeeding years.
  2 31    Sec. 7.  Section 262.34, Code 2005, is amended to read as
  2 32 follows:
  2 33    262.34  IMPROVEMENTS == ADVERTISEMENT FOR BIDS ==
  2 34 DISCLOSURES == PAYMENTS.
  2 35    1.  When the estimated cost of construction, repairs, or
  3  1 improvement of buildings or grounds under charge of the state
  3  2 board of regents exceeds twenty=five one hundred thousand
  3  3 dollars, the board shall advertise for bids for the
  3  4 contemplated improvement or construction and shall let the
  3  5 work to the lowest responsible bidder.  However, if in the
  3  6 judgment of the board bids received are not acceptable, the
  3  7 board may reject all bids and proceed with the construction,
  3  8 repair, or improvement by a method as the board may determine.
  3  9 All plans and specifications for repairs or construction,
  3 10 together with bids on the plans or specifications, shall be
  3 11 filed by the board and be open for public inspection.  All
  3 12 bids submitted under this section shall be accompanied by a
  3 13 deposit of money, a certified check, or a credit union
  3 14 certified share draft in an amount as the board may prescribe.
  3 15    2.  A bidder awarded a contract shall disclose the names of
  3 16 all subcontractors, who will work on the project being bid,
  3 17 within forty=eight hours after the award of the contract.  If
  3 18 a subcontractor named by a bidder awarded a contract is
  3 19 replaced, or if the cost of work to be done by a subcontractor
  3 20 is reduced, the bidder shall disclose the name of the new
  3 21 subcontractor or the amount of the reduced cost.
  3 22    3.  Payments made by the board for the construction of
  3 23 public improvements shall be made in accordance with the
  3 24 provisions of chapter 573 except that:
  3 25    a.  Payments may be made without retention until ninety=
  3 26 five percent of the contract amount has been paid.  The
  3 27 remaining five percent of the contract amount shall be paid as
  3 28 provided in section 573.14, except that:
  3 29    (1)  At any time after all or any part of the work is
  3 30 substantially completed in accordance with paragraph "c", the
  3 31 contractor may require the release of all or part of the
  3 32 retainage owed.  Such request shall be accompanied by a waiver
  3 33 of claim rights under the provisions of chapter 573 from any
  3 34 person, firm, or corporation who has, under contract with the
  3 35 principal contractor or with subcontractors performed labor,
  4  1 or furnished materials, service, or transportation in the
  4  2 construction of that portion of the work for which release of
  4  3 the retainage is requested.
  4  4    (2)  Upon receipt of the request, the board shall release
  4  5 all or part of the unpaid funds.  Retainage that is approved
  4  6 as payable shall be paid at the time of the next monthly
  4  7 payment or within thirty days, whichever is sooner.  If
  4  8 partial retainage is released pursuant to a contractor's
  4  9 request, no retainage shall be subsequently held based on that
  4 10 portion of the work.  If within thirty days of when payment
  4 11 becomes due the board does not release the retainage due,
  4 12 interest shall accrue on the retainage amount due as provided
  4 13 in section 573.14 until that amount is paid.
  4 14    (3)  If at the time of the request for the retainage there
  4 15 are remaining or incomplete minor items, an amount equal to
  4 16 two hundred percent of the value of each remaining or
  4 17 incomplete item, as determined by the board's authorized
  4 18 contract representative, may be withheld until such item or
  4 19 items are completed.
  4 20    (4)  An itemization of the remaining or incomplete items,
  4 21 or the reason that the request for release of the retainage
  4 22 was denied, shall be provided to the contractor in writing
  4 23 within thirty calendar days of the receipt of the request for
  4 24 release of retainage.
  4 25    b.  For purposes of this section, "authorized contract
  4 26 representative" means the architect or engineer who is in
  4 27 charge of the project and chosen by the board to represent its
  4 28 interests, or if there is no architect or engineer, then such
  4 29 other contract representative or officer as designated in the
  4 30 contract documents as the party representing the board's
  4 31 interest regarding administration and oversight of the
  4 32 project.
  4 33    c.  For purposes of this section, "substantially completed"
  4 34 means the first date on which any of the following occurs:
  4 35    (1)  Completion of the project or when the work has been
  5  1 substantially completed in general accordance with the terms
  5  2 and provisions of the contract.
  5  3    (2)  The work or the portion designated is sufficiently
  5  4 complete in accordance with the requirements of the contract
  5  5 so the board can occupy or utilize the work for its intended
  5  6 purpose.
  5  7    (3)  The project is certified as having been substantially
  5  8 completed by either of the following:
  5  9    (a)  The architect or engineer authorized to make such
  5 10 certification.
  5 11    (b)  The contracting authority representing the board.
  5 12    4.  Each contractor or subcontractor shall withhold
  5 13 retainage, if at all, in the same manner as retainage is
  5 14 withheld from the contractor or subcontractor; and each
  5 15 subcontractor shall pass through all retainage payments to
  5 16 lower tier subcontractors in accordance with the provisions of
  5 17 chapter 573.
  5 18    Sec. 8.  Section 262.57, unnumbered paragraph 1, Code 2005,
  5 19 is amended to read as follows:
  5 20    To pay all or any part of the cost of carrying out any
  5 21 project at any institution the board is authorized to borrow
  5 22 money and to issue and sell negotiable bonds or notes and to
  5 23 refund and refinance bonds or notes heretofore issued or as
  5 24 may be hereafter issued for any project or for refunding
  5 25 purposes at a lower rate, the same rate or a higher rate or
  5 26 rates of interest and from time to time as often as the board
  5 27 shall find it to be advisable and necessary so to do.  Such
  5 28 bonds or notes may be sold by said board at public sale in the
  5 29 manner prescribed by chapter 75 but if the board shall find it
  5 30 to be advantageous and in the public interest to do so, such
  5 31 bonds or notes may be sold by the board at private sale
  5 32 without published notice of any kind and without regard to the
  5 33 requirements of chapter 75 in such manner and upon such terms
  5 34 as may be prescribed by the resolution authorizing the same,
  5 35 but such bonds or notes shall in any event be sold upon terms
  6  1 of not less than par plus accrued interest.  Bonds or notes
  6  2 issued to refund other bonds or notes heretofore or hereafter
  6  3 issued by the board for residence hall or dormitory purposes
  6  4 at any institution, including dining or other facilities and
  6  5 additions, or heretofore or hereafter issued for refunding
  6  6 purposes, may either be sold in the manner hereinbefore
  6  7 specified and the proceeds thereof applied to the payment of
  6  8 the obligations being refunded, or the refunding bonds or
  6  9 notes may be exchanged for and in payment and discharge of the
  6 10 obligations being refunded, and a finding by the board in the
  6 11 resolution authorizing the issuance of such refunding bonds or
  6 12 notes that the bonds or notes being refunded were issued for a
  6 13 purpose specified in this division and constitute binding
  6 14 obligations of the board shall be conclusive and may be relied
  6 15 upon by any holder of any refunding bond or note issued under
  6 16 the provisions of this division.  The refunding bonds or notes
  6 17 may be sold or exchanged in installments at different times or
  6 18 an entire issue or series may be sold or exchanged at one
  6 19 time.  Any issue or series of refunding bonds or notes may be
  6 20 exchanged in part or sold in parts in installments at
  6 21 different times or at one time.  The refunding bonds or notes
  6 22 may be sold or exchanged at any time on, before, or after the
  6 23 maturity of any of the outstanding notes, bonds or other
  6 24 obligations to be refinanced thereby and may be issued for the
  6 25 purpose of refunding a like or greater principal amount of
  6 26 bonds or notes, except that the principal amount of the
  6 27 refunding bonds or notes may exceed the principal amount of
  6 28 the bonds or notes to be refunded to the extent necessary to
  6 29 pay any premium due on the call of the bonds or notes to be
  6 30 refunded or to fund interest in arrears or about to become
  6 31 due.
  6 32    Sec. 9.  Section 262.78, subsection 6, Code 2005, is
  6 33 amended by striking the subsection.
  6 34    Sec. 10.  Section 262A.5, unnumbered paragraph 1, Code
  6 35 2005, is amended to read as follows:
  7  1    The board is authorized to borrow money under this chapter,
  7  2 and the board may issue and sell negotiable bonds to pay all
  7  3 or any part of the cost of carrying out any project at any
  7  4 institution and may refund and refinance bonds issued for any
  7  5 project or for refunding purposes at the same rate or at a
  7  6 higher or lower rate or rates of interest.  Bonds issued under
  7  7 the provisions of this chapter shall be sold by said board at
  7  8 public sale on the basis of sealed proposals received pursuant
  7  9 to a notice specifying the time and place of sale and the
  7 10 amount of bonds to be sold which shall be published at least
  7 11 once not less than seven days prior to the date of sale in a
  7 12 newspaper published in the state of Iowa and having a general
  7 13 circulation in said state.  The provisions of chapter 75 shall
  7 14 not apply to bonds issued under authority contained in this
  7 15 chapter, but such bonds shall be sold upon terms of not less
  7 16 than par plus accrued interest to the extent not in conflict
  7 17 with this chapter.  Bonds issued to refund other bonds issued
  7 18 under the provisions of this chapter may either be sold in the
  7 19 manner hereinbefore specified and the proceeds thereof applied
  7 20 to the payment of the obligations being refunded, or the
  7 21 refunding bonds may be exchanged for and in payment and
  7 22 discharge of the obligations being refunded.  The refunding
  7 23 bonds may be sold or exchanged in installments at different
  7 24 times or an entire issue or series may be sold or exchanged at
  7 25 one time.  Any issue or series of refunding bonds may be
  7 26 exchanged in part or sold in parts in installments at
  7 27 different times or at one time.  The refunding bonds may be
  7 28 sold or exchanged at any time on, before, or after the
  7 29 maturity of any of the outstanding bonds or other obligations
  7 30 to be refinanced thereby and may be issued for the purpose of
  7 31 refunding a like or greater principal amount of bonds, except
  7 32 that the principal amount of the refunding bonds may exceed
  7 33 the principal amount of the bonds to be refunded to the extent
  7 34 necessary to pay any premium due on the call of the bonds to
  7 35 be refunded or to fund interest in arrears or which is to
  8  1 become due.
  8  2    Sec. 11.  Section 266.39F, subsection 2, unnumbered
  8  3 paragraph 2, Code 2005, is amended to read as follows:
  8  4    The provisions of section 262.9, subsection 7, and section
  8  5 262.10, shall not apply to the sale of any portion of land to
  8  6 be sold in accordance with this section or to the use of the
  8  7 proceeds from the sale of the land.
  8  8    Sec. 12.  Section 573.12, subsection 1, unnumbered
  8  9 paragraph 1, Code 2005, is amended to read as follows:
  8 10    Payments made under contracts for the construction of
  8 11 public improvements, unless provided otherwise by law, shall
  8 12 be made on the basis of monthly estimates of labor performed
  8 13 and material delivered, as determined by the project architect
  8 14 or engineer.  The public corporation shall retain from each
  8 15 monthly payment not more than five percent of that amount
  8 16 which is determined to be due according to the estimate of the
  8 17 architect or engineer.  However, institutions governed
  8 18 pursuant to chapter 262 may, on contracts where a bond is
  8 19 required under section 573.2, make payments under this section
  8 20 without retention until ninety=five percent of the contract
  8 21 amount has been paid and the remaining five percent of the
  8 22 contract amount shall be paid as provided under section
  8 23 573.14.
  8 24    Sec. 13.  Section 573.14, unnumbered paragraph 2, Code
  8 25 2005, is amended to read as follows:
  8 26    The public corporation shall order payment of any amount
  8 27 due the contractor to be made in accordance with the terms of
  8 28 the contract.  Except as provided in section 573.12 for
  8 29 progress payments, failure to make payment pursuant to this
  8 30 section, of any amount due the contractor, within forty days,
  8 31 unless a greater time period not to exceed fifty days is
  8 32 specified in the contract documents, after the work under the
  8 33 contract has been completed and if the work has been accepted
  8 34 and all required materials, certifications, and other
  8 35 documentations required to be submitted by the contractor and
  9  1 specified by the contract have been furnished the awarding
  9  2 public corporation by the contractor, shall cause interest to
  9  3 accrue on the amount unpaid to the benefit of the unpaid
  9  4 party.  Interest shall accrue during the period commencing the
  9  5 thirty=first day following the completion of work and
  9  6 satisfaction of the other requirements of this paragraph and
  9  7 ending on the date of payment.  The rate of interest shall be
  9  8 determined by the period of time during which interest
  9  9 accrues, and shall be the same as the rate of interest that is
  9 10 in effect under section 12C.6, as of the day interest begins
  9 11 to accrue, for a deposit of public funds for a comparable
  9 12 period of time.  However, for institutions governed pursuant
  9 13 to chapter 262, the rate of interest shall be determined by
  9 14 the period of time during which interest accrues, and shall be
  9 15 calculated as the prime rate plus one percent per year as of
  9 16 the day interest begins to accrue.  This paragraph does not
  9 17 abridge any of the rights set forth in section 573.16.  Except
  9 18 as provided in sections 573.12 and 573.16, interest shall not
  9 19 accrue on funds retained by the public corporation to satisfy
  9 20 the provisions of this section regarding claims on file.  This
  9 21 chapter does not apply if the public corporation has entered
  9 22 into a contract with the federal government or accepted a
  9 23 federal grant which is governed by federal law or rules that
  9 24 are contrary to the provisions of this chapter.  For purposes
  9 25 of this unnumbered paragraph, "prime rate" means the prime
  9 26 rate charged by banks on short=term business loans, as
  9 27 determined by the board of governors of the federal reserve
  9 28 system and published in the federal reserve bulletin.
  9 29    Sec. 14.  Sections 262.64A, 262.67, 262A.3, 262A.6A,
  9 30 263A.11, 265.6, and 473.12, Code 2005, are repealed.
  9 31 HF 686
  9 32 kh:nh/es/25