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