SB 881 Modifies various provisions relating to political subdivisions
Sponsor: Green
LR Number: 4868S.01I Fiscal Note: 4868-01N.ORG
Committee: Jobs, Economic Development and Local Government
Last Action: 3/31/2010 - SCS Voted Do Pass S Jobs, Economic Development and Local Government Committee (4868S.06C) Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2010

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Current Bill Summary


SCS/SB 881 - This act modifies various provisions relating to political subdivisions.

SECTION 67.314

This act creates the "Political Subdivision Construction Bidding Standards Act". Except for certain violations, this act does not apply to political subdivisions that have specific state or local competitive bidding requirements that are equivalent or stricter than the ones contained in this act. If a political subdivision is not covered by a specific federal, state, or local law that is equivalent or stricter in its requirements, it shall comply with the advertising and bidding requirements outlined in this act when soliciting bids and awarding contracts of $6,000 or more.

Contract for construction shall be advertised in advance of the acceptance of bids. Bids shall be advertised through publication in a central repository developed by the office of administration or for a minimum of two days in an area newspaper, with the first ad appearing at least 30 days in advance of the stated deadline for acceptance of bids. The office of administration shall develop procedures for bids to be placed in a central repository. Ads and solicitations must include the project name, submission deadline, and the time, date, and location of where the bids shall be received and opened. Political subdivisions shall be required to comply with the newspaper advertising requirements until the office of administration develops such central repository at no cost to the state.

Unless otherwise specified by law, a contract shall be awarded to the lowest and best bidder. However, the political subdivision may reject the low bidder based on the bidder's failure to provide a performance or payment bond, nonperformance on previous contracts, or other reasons specified as to the bidder's inability to adequately perform the contract.

Under no circumstances shall construction contracts for any political subdivision be awarded in violation of certain requirements, including opening bids in advance of the advertising deadline, accepting bids that are unwritten, accepting bids after the advertised deadline, and failing to hold bids confidential.

A person submitting a bid, or who would have submitted a bid except for violations, may seek equitable relief and monetary damages for monetary losses.

Electronic bidding shall be allowed if it meets the standards of confidentiality. Nothing in this section shall require acceptance of a bid which exceeds the amount estimated by the political subdivision for the contract. Also, political subdivisions may award contracts without competitive bidding when there is an immediate public danger, to prevent loss to property, or to prevent or restore essential public services. Under such circumstances, the political subdivision must produce a written public record documenting the need to contract without competitive bidding.

This section is similar to a provision of the perfected version of SS/SCS/SB 580 (2010), SB 729 (2010), SS/SCS/HB 1290, HB 2218 (2010), and HCS/HB 716 (2010).

SECTIONS 115.305, 115.342, and 115.346

Currently, candidates cannot be in arrears for unpaid state income tax. Under this act, candidates for public office cannot be in arrears for unpaid city taxes or municipal user fees either.

These sections are similar to provisions of HCS/HB 1590 (2010), HCS/SS/SCS/SB 580 (2010), SS/SCS/HB 1290 (2010), HB 1739 (2010) and SCS/SB 826 (2010).

SECTION 304.125

This section prohibits political subdivisions from using an automated traffic enforcement photo radar system to detect or enforce the speed limits on any state highway within a political subdivision's jurisdiction.

This section is identical to a provision of SS/SCS/HB 2111 (2010) and SS/SCS/HB 1290 (2010).

SECTION 321.018

Persons contracting to provide professional legal and accounting services for a fire protection district shall not receive compensation after lawful termination of the contract by the governing body of such political subdivision, except for services actually rendered.

This section is similar to a provision of HCS/HB 1205 (2010), SS/SCS/HB 1290 (2010), HB 1739 (2010), HCS/SS/SCS/SB 580, and SCS/SB 826 (2010).

SECTION 321.130

This section states that any fire protection district director who is found guilty of or pleads guilty to a felony shall immediately forfeit such office.

This section is similar to a provision of HCS/HB 1205 (2010), SS/SCS/HB 1290 (2010), HB 1739 (2010), HCS/SS/SCS/SB 580, and SCS/SB 826 (2010).

SECTION 321.711

Currently, the number of signatures required on a petition to have an election to recall a fire protection district board member is at least 25% of the number of voters who voted in the most recent gubernatorial election in that district. This act changes the number of signatures needed to 20%.

This section is similar to a provision of HCS/HB 1205 (2010), SS/SCS/HB 1290 (2010), HB 1739 (2010), SS/SCS/SB 580, and SCS/SB 826 (2010).

SUSAN HENDERSON MOORE