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House File 392 - IntroducedA Bill ForAn Act 1relating to competitive bidding requirements applicable
2to certain governmental officials and employees.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 68B.3, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 3A. This section does not apply
4to a contract for professional services that is exempt
5from competitive bidding requirements in the Code or in
6administrative rules adopted pursuant to the Code.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10Under current law, an official, a state employee, a member
11of the general assembly, or a legislative employee, except as
12part of an official state duty, shall not sell, in any one
13occurrence, any goods or services having a value in excess of
14$2,000 to any state agency unless the sale is made pursuant to
15an award or contract let after public notice and competitive
16bidding.
17As used in Code chapter 68B, “official” means all statewide
18elected officials, the executive or administrative head or
19heads of an agency of state government, the deputy executive or
20administrative head or heads of an agency of state government,
21members of boards or commissions as defined under Code
22section 7E.4, and heads of the major subunits of departments
23or independent state agencies whose positions involve a
24substantial exercise of administrative discretion or the
25expenditure of public funds as defined under rules of the board
26adopted in consultation with the department or agency and
27pursuant to Code chapter 17A.
28This bill exempts these individuals from this prohibition
29if the services provided are pursuant to a contract for
30professional services that is exempt from competitive bidding
31requirements in the Code or in administrative rules adopted
32pursuant to the Code.
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2to certain governmental officials and employees.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 68B.3, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 3A. This section does not apply
4to a contract for professional services that is exempt
5from competitive bidding requirements in the Code or in
6administrative rules adopted pursuant to the Code.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10Under current law, an official, a state employee, a member
11of the general assembly, or a legislative employee, except as
12part of an official state duty, shall not sell, in any one
13occurrence, any goods or services having a value in excess of
14$2,000 to any state agency unless the sale is made pursuant to
15an award or contract let after public notice and competitive
16bidding.
17As used in Code chapter 68B, “official” means all statewide
18elected officials, the executive or administrative head or
19heads of an agency of state government, the deputy executive or
20administrative head or heads of an agency of state government,
21members of boards or commissions as defined under Code
22section 7E.4, and heads of the major subunits of departments
23or independent state agencies whose positions involve a
24substantial exercise of administrative discretion or the
25expenditure of public funds as defined under rules of the board
26adopted in consultation with the department or agency and
27pursuant to Code chapter 17A.
28This bill exempts these individuals from this prohibition
29if the services provided are pursuant to a contract for
30professional services that is exempt from competitive bidding
31requirements in the Code or in administrative rules adopted
32pursuant to the Code.
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