General Assembly: 80 (2003 Regular GA) - Chapter 36 - County, city, and school contracts — prohibited interest exceptions


Published: 2003-04-14

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

59 LAWS OF THE EIGHTIETH G.A., 2003 SESSION CH. 36

Sec. 49. EFFECTIVE DATE. This Act, being deemed of immediate importance, takes ef- fect upon enactment.

Approved April 14, 2003

_________________________

CH. 36CH. 36

CHAPTER 36

COUNTY, CITY, AND SCHOOL CONTRACTS — PROHIBITED INTEREST EXCEPTIONS

S.F. 272

AN ACT relating to conflicts of interest in public contracts.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 279.7A, Code 2003, is amended to read as follows: 279.7A INTEREST IN PUBLIC CONTRACTS PROHIBITED — EXCEPTIONS. Amember of the board of directors of a school corporation shall not have an interest, direct

or indirect, in a contract for the purchase of goods, including materials and profits, and the performance of services for the director’s school corporation. A contract entered into in viola- tion of this section is void. This section does not apply to contracts for the purchase of goods or services which benefit a director, or to compensation for part-time or temporary employ- ment which benefits a director, if the benefit to the director does not exceed two thousand five hundred dollars in a fiscal year, and contracts made by a school board, upon competitive bid inwriting, publicly invited and opened. This section does not apply to a contract that is a bond, note, or other obligation of a school corporation if the contract is not acquired directly from the school corporation, but is acquired in a transactionwith a third party, whomay ormay not be the original underwriter, purchaser, or obligee of the contract, or to a contract in which a director has an interest solely by reason of employment if the contract is made by competitive bid in writing, publicly invited and opened, or if the remuneration of employment will not be directly affected as a result of the contract and theduties of employment donot directly involve the procurement or preparation of any part of the contract. The competitive bid qualification of this section does not apply to a contract for professional services not customarily awarded by competitive bid.

Sec. 2. Section 331.342, subsection 4, Code 2003, is amended to read as follows: 4. Contracts in which a county officer or employee has an interest solely by reason of em-

ployment, or a stock interest of the kind described in subsection 8, or both, if the contracts are made by competitive bid, publicly invited and opened, and or if the remuneration of employ- ment will not be directly affected as a result of the contract and the duties of employment do not directly involve the procurement or preparation of any part of the contract. The competi- tive bid qualification of this subsection does not apply to a contract for professional services not customarily awarded by competitive bid.

Sec. 3. Section 331.342, Code 2003, is amended by adding the following new subsection: NEW SUBSECTION. 11. A contract that is a bond, note, or other obligation of the county

and the contract is not acquired directly from the county, but is acquired in a transaction with a third party,whomayormaynot be the original underwriter, purchaser, or obligee of the con- tract.

60LAWS OF THE EIGHTIETH G.A., 2003 SESSIONCH. 36

Sec. 4. Section 362.5, subsection 5, Code 2003, is amended to read as follows: 5. Contracts in which a city officer or employee has an interest solely by reason of employ-

ment, or a stock interest of thekinddescribed in subsection 9, or both, if the contracts aremade by competitive bid in writing, publicly invited and opened, or if the remuneration of employ- ment will not be directly affected as a result of the contract and the duties of employment do not directly involve the procurement or preparation of any part of the contract. The competi- tive bid qualification of this subsection does not apply to a contract is for professional services not customarily awarded by competitive bid, if the remuneration of employment will not be directly affected as a result of the contract, and if the duties of employment do not directly in- volve the procurement or preparation of any part of the contract.

Sec. 5. Section 362.5, Code 2003, is amended by adding the following new subsection: NEW SUBSECTION. 13. A contract that is a bond, note, or other obligation of the city and

the contract is not acquired directly from the city, but is acquired in a transaction with a third party who may or may not be the original underwriter, purchaser, or obligee of the contract.

Approved April 17, 2003

_________________________

CH. 37CH. 37

CHAPTER 37

LICENSING OF HUNTING, FISHING, AND RELATED ACTIVITIES — MILITARY PERSONNEL — RESIDENCY STATUS

H.F. 411

AN ACT providing resident license fees for hunting, fishing, trapping, and related activities to certain persons in the armed forces of the United States.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 483A.1A, subsection 7, paragraph d, Code 2003, is amended to read as follows: d. Is amember of the armed forces of theUnited Stateswho is serving on active duty, claims

residency in this state, and has filed a state individual income tax return as a resident pursuant to chapter 422, division II, for the preceding tax year, or is stationed in this state.

Approved April 17, 2003