House File 314 - Introduced
HOUSE FILE
BY WILDERDYKE and FORD
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act establishing requirements for persons contracting with the
2 state to provide services.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2188HT 81
5 jp/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 73.3A CONTRACT EMPLOYEE
1 2 SERVICES.
1 3 A person who contracts with a department, as defined in
1 4 section 8.2, or a state authority to provide administrative,
1 5 labor, or other services that would otherwise be provided by
1 6 state employees shall, as a condition of receiving the
1 7 contract, report all payments received under the contract to
1 8 the department of management. The department of management
1 9 shall annually prepare an analysis of the reports and provide
1 10 the analysis to the governor and the general assembly.
1 11 Sec. 2. NEW SECTION. 217.14 CONTRACTOR REQUIREMENTS.
1 12 1. A person contracting with the department of human
1 13 services to provide services shall be subject to all of the
1 14 requirements of this section.
1 15 2. In addition to the requirements of section 68B.7, a
1 16 person who has been employed by the department, for a period
1 17 of two years after the termination of the employment, shall
1 18 not contract with the department to provide services.
1 19 However, the prohibition under this subsection is not
1 20 applicable under any of the following circumstances:
1 21 a. The person is a subcontractor or is an employee of
1 22 another state department or an institution under the control
1 23 of the state board of regents.
1 24 b. If a person with expertise in a particular area is no
1 25 longer employed by the department, the department may contract
1 26 for a limited period of time to secure the expertise.
1 27 c. The department has demonstrated a good faith effort to
1 28 fill a position that is critical to the health and safety of
1 29 departmental clients from a pool of applicants that does not
1 30 include former departmental employees, but was unsuccessful in
1 31 identifying qualified candidates from the pool.
1 32 d. The person terminated employment with the department
1 33 due to a layoff or reduction in force.
1 34 e. The person terminated employment with the department
1 35 within twelve months of obtaining an advanced degree from an
2 1 accredited college or university and the degree qualified the
2 2 person to provide services that the person was not previously
2 3 qualified to provide.
2 4 3. A contractor shall have adequate liability insurance
2 5 for the services being performed.
2 6 4. A contractor shall be subject to evaluation
2 7 requirements, with preference given to evaluation performed by
2 8 an independent evaluator.
2 9 EXPLANATION
2 10 This bill establishes requirements for persons contracting
2 11 with the state to provide services.
2 12 The bill amends Code chapter 73, relating to preferences
2 13 for Iowa contracts and labor. The bill requires a person who
2 14 contracts with an executive branch department, commission,
2 15 board, institution, bureau, office, or other state government
2 16 agency, to report all payments received under the contract to
2 17 the department of management. The reporting requirement is
2 18 applied as a condition of receiving the contract. The
2 19 department of management is to annually provide an analysis of
2 20 the reports to the governor and the general assembly.
2 21 Iowa's ethics law in Code section 68B.7 prohibits a state
2 22 employee, within a period of two years after the termination
2 23 of employment, from appearing before the agency or receiving
2 24 compensation for any services rendered on behalf of any
2 25 person, firm, corporation, or association in relation to any
2 26 case, proceeding, or application with respect to which the
2 27 person was directly concerned and personally participated
2 28 during the period of employment. The bill provides a general
2 29 prohibition during the two=year period against a former
2 30 employee of the department of human services providing
2 31 services as a contractor, subcontractor, or employee of a
2 32 contractor providing services to the department. The bill
2 33 provides exceptions to the prohibition, allowing contracting
2 34 with a former employee under certain circumstances.
2 35 The bill requires a contractor with the department of human
3 1 services to have adequate liability insurance for the service
3 2 being performed. A contractor is subject to evaluation
3 3 requirements, with preference given to evaluation performed by
3 4 an independent evaluator.
3 5 LSB 2188HT 81
3 6 jp:rj/sh/8.1