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House
File
952
-
Introduced
HOUSE
FILE
952
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
71)
A
BILL
FOR
An
Act
relating
to
state
grounds
and
contracts,
including
by
1
providing
for
required
and
prohibited
contract
terms
and
2
regulating
events
on
the
capitol
complex,
and
including
3
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
NEW
SECTION
.
8A.311C
State
purchasing
contracts
1
——
prohibited
terms.
2
The
provisions
set
forth
in
this
section
are
void
as
a
matter
3
of
law
as
contrary
to
public
policy
if
included
in
a
contract
4
for
the
procurement
of
goods
or
services
entered
into
by
the
5
department
or
any
other
state
agency
pursuant
to
this
part.
6
A
state
agency’s
contract
that
includes
any
of
the
following
7
provisions
shall
be
interpreted
as
if
the
contract
did
not
8
include
the
void
provision:
9
1.
A
provision
that
requires
the
state
or
its
agencies
to
10
defend,
indemnify,
hold
harmless
another
person,
or
otherwise
11
assume
the
debt
or
liability
of
another
person
in
violation
of
12
Article
VII,
section
1,
of
the
Constitution
of
the
State
of
13
Iowa.
14
2.
A
provision
that
seeks
to
impose
vendor
terms
that
15
are
unknown
at
the
time
of
signing
the
contract
or
can
be
16
unilaterally
changed
by
the
vendor.
17
3.
A
provision
that
violates
chapter
13
by
not
allowing
18
a
state
agency
to
participate
in
its
own
defense
through
19
representation
by
the
attorney
general.
20
4.
A
provision
that
grants
to
any
person
other
than
the
21
attorney
general
the
authority
to
convey
to
a
court
or
litigant
22
the
state’s
consent
to
any
settlement
of
a
suit
involving
the
23
contract
when
such
settlement
could
impose
liability
on
the
24
state.
25
5.
A
provision
that
specifies
that
the
contract
is
governed
26
by
the
laws
of
a
foreign
state
or
nation.
27
6.
A
provision
that
claims
blanket
confidentiality
of
the
28
contract’s
terms.
29
7.
A
provision
that
claims
that
payment
terms,
including
but
30
not
limited
to
cost
proposals
or
other
pricing
information,
of
31
the
contract
are
confidential.
32
8.
A
provision
that
authorizes
or
requires
a
venue
for
33
litigation
other
than
an
appropriate
state
or
federal
court
34
sitting
in
Iowa.
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9.
A
provision
that
requires
a
state
agency
to
pay
attorney
1
fees,
court
costs,
or
other
litigation
expenses
in
the
event
of
2
a
contractual
dispute.
3
10.
A
provision
that
imposes
on
the
state
or
its
agencies
4
binding
arbitration
or
another
binding
extrajudicial
dispute
5
resolution
process
in
which
the
final
resolution
is
not
6
determined
by
the
state.
7
11.
A
provision
that
waives
a
state
agency’s
right
to
a
jury
8
trial.
9
12.
A
provision
that
obligates
a
state
agency
to
pay
a
late
10
payment
charge
not
consistent
with
section
8A.514,
interest
11
greater
than
allowed
under
section
8A.514
or
other
applicable
12
law,
or
any
cancellation
charge,
as
such
charges
constitute
13
pledges
of
the
state’s
credit.
14
13.
A
provision
that
obligates
a
state
agency
to
pay
a
tax.
15
14.
A
provision
that
imposes
a
prior
notice
obligation
on
16
a
state
agency
as
a
condition
for
the
automatic
renewal
of
a
17
software
license.
A
state
agency
may
provide
notice
of
its
18
intent
to
terminate
a
software
license
at
any
time
before
the
19
renewal
date
established
in
the
contract.
20
15.
A
provision
that
obligates
a
state
agency
to
accept
risk
21
of
loss
before
the
receipt
of
items
or
goods.
22
16.
A
provision
that
obligates
a
state
agency
to
have
23
commercial
insurance.
24
17.
A
provision
that
obligates
a
state
agency
to
grant
a
25
contractor
full
or
partial
ownership
of
intellectual
property
26
developed
pursuant
to
a
state
agency
contract
when
the
27
intellectual
property
is
developed
in
whole
or
in
part
using
28
federal
funding.
29
18.
A
provision
that
limits
the
time
in
which
the
state
or
30
its
agencies
may
bring
a
legal
claim
under
the
contract
to
a
31
period
shorter
than
that
provided
by
Iowa
law.
32
19.
A
boilerplate
provision
included
in
a
vendor’s
33
transactional
documents,
including
but
not
limited
to
ordering
34
documents
and
quotations,
that
seeks
to
alter
the
terms
of
a
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state
agency’s
contract
or
to
impose
new
terms
in
the
contract.
1
Sec.
2.
NEW
SECTION
.
8A.311D
State
purchasing
contracts
——
2
required
terms.
3
All
of
the
following
provisions
shall
be
deemed
to
be
4
included
in
a
state
agency
vendor
contract:
5
1.
Governing
law.
The
contract
shall
be
governed
by
6
the
laws
of
the
state
of
Iowa,
without
giving
effect
to
any
7
conflict
of
laws
principles
of
Iowa
law
that
may
require
the
8
application
of
another
jurisdiction’s
law.
9
2.
Venue.
Any
litigation
commenced
in
connection
with
the
10
contract
shall
be
brought
and
maintained
in
an
appropriate
11
state
or
federal
court
sitting
in
Iowa.
12
Sec.
3.
Section
8A.322,
subsection
3,
Code
2025,
is
amended
13
to
read
as
follows:
14
3.
a.
The
director
shall
establish,
publish,
and
enforce
15
rules
regulating
and
restricting
the
use
by
the
public
of
the
16
capitol
buildings
and
grounds
and
of
the
state
laboratories
17
facility
in
Ankeny
,
including
for
events
.
The
rules
when
18
established
shall
be
posted
in
conspicuous
places
about
the
19
capitol
buildings
and
grounds
and
the
state
laboratories
20
facility,
as
applicable.
Any
person
violating
any
rule,
except
21
a
parking
regulation,
shall
be
guilty
of
a
simple
misdemeanor.
22
b.
The
rules
shall
prohibit
a
person,
other
than
a
peace
23
officer,
from
openly
carrying
a
pistol
or
revolver
in
the
24
capitol
building
and
on
the
grounds
surrounding
the
capitol
25
building
including
state
parking
lots
and
parking
garages.
26
However,
this
subsection
paragraph
shall
not
be
construed
27
to
allow
the
director
to
prohibit
the
lawful
carrying,
28
transportation,
or
possession
of
any
pistol
or
revolver
in
the
29
capitol
building
and
on
the
grounds
surrounding
the
capitol
30
building
including
state
parking
lots
and
parking
garages
by
31
any
person
regardless
of
whether
the
person
has
a
valid
permit
32
to
carry
weapons.
33
c.
The
rules
shall
prohibit
a
person
from
holding
more
34
than
six
events
per
calendar
year
on
the
grounds
outside
the
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capitol
building.
The
rules
shall
prohibit
the
person
from
1
holding
an
event
unless
the
director
receives
a
recommendation
2
for
the
event
by
a
statewide
elected
official
or
by
both
a
3
member
of
the
Iowa
senate
and
a
member
of
the
Iowa
house
of
4
representatives.
5
Sec.
4.
APPLICABILITY.
This
Act
applies
to
contracts
6
entered
into
or
renewed
on
or
after
the
effective
date
of
this
7
Act.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
prohibits
the
inclusion
of
certain
provisions
in
12
contracts
entered
into
by
the
department
of
administrative
13
services
(DAS)
and
any
other
state
agency
under
Code
chapter
14
8A,
subchapter
III,
part
2
(purchasing),
and
declares
those
15
provisions
void
if
present
in
such
contracts.
The
bill
also
16
provides
that
every
state
agency
vendor
contract
shall
be
17
deemed
to
include
provisions
requiring
the
contract
to
be
18
governed
by
Iowa
law
and
for
litigation
related
to
the
contract
19
to
be
brought
and
maintained
in
an
appropriate
state
or
federal
20
court
sitting
in
Iowa.
21
The
bill
requires
the
director
of
DAS
to
establish,
publish,
22
and
enforce
rules
prohibiting
a
person
from
holding
more
than
23
six
events
on
the
grounds
outside
the
capitol
building
per
24
year.
The
rules
must
also
prohibit
a
person
from
holding
such
25
an
event
unless
the
director
receives
a
recommendation
for
the
26
event
from
a
statewide
elected
official
or
from
a
member
of
27
each
chamber
of
the
general
assembly.
28
The
bill
applies
to
contracts
entered
into
or
renewed
on
or
29
after
the
effective
date
of
the
bill.
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