House File 209 - Introduced



                                    HOUSE FILE       
                                    BY  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 2030HH 82
  5 jp/es/88

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 with a state authority to provide
  1  5 administrative, labor, or other services that would otherwise
  1  6 be provided by state employees shall, as a condition of
  1  7 receiving the contract, report all payments received under the
  1  8 contract to the department of management.  The department of
  1  9 management shall annually prepare an analysis of the reports
  1 10 and provide the analysis to the governor and the general
  1 11 assembly.
  1 12    Sec. 2.  NEW SECTION.  217.14  CONTRACTOR REQUIREMENTS.
  1 13    1.  A person contracting with the department of human
  1 14 services to provide services shall be subject to all of the
  1 15 requirements of this section.
  1 16    2.  In addition to the requirements of section 68B.7, a
  1 17 person who has been employed by the department, for a period
  1 18 of two years after the termination of the employment, shall
  1 19 not contract with the department to provide services.
  1 20 However, the prohibition under this subsection is not
  1 21 applicable under any of the following circumstances:
  1 22    a.  The person is a subcontractor or is an employee of
  1 23 another state department or an institution under the control
  1 24 of the state board of regents.
  1 25    b.  If a person with expertise in a particular area is no
  1 26 longer employed by the department, the department may contract
  1 27 for a limited period of time to secure the expertise.
  1 28    c.  The department has demonstrated a good faith effort to
  1 29 fill a position that is critical to the health and safety of
  1 30 departmental clients from a pool of applicants that does not
  1 31 include former departmental employees, but was unsuccessful in
  1 32 identifying qualified candidates from the pool.
  1 33    d.  The person terminated employment with the department
  1 34 due to a layoff or reduction in force.
  1 35    e.  The person terminated employment with the department
  2  1 within twelve months of obtaining an advanced degree from an
  2  2 accredited college or university and the degree qualified the
  2  3 person to provide services that the person was not previously
  2  4 qualified to provide.
  2  5    3.  A contractor shall have adequate liability insurance
  2  6 for the services being performed.
  2  7    4.  A contractor shall be subject to evaluation
  2  8 requirements, with preference given to an evaluation performed
  2  9 by an independent evaluator.
  2 10                           EXPLANATION
  2 11    This bill establishes requirements for persons contracting
  2 12 with the state to provide services.
  2 13    The bill amends Code chapter 73, relating to preferences
  2 14 for Iowa contracts and labor.  The bill requires a person who
  2 15 contracts with an executive branch department, commission,
  2 16 board, institution, bureau, office, or other state government
  2 17 agency, to report all payments received under the contract to
  2 18 the department of management.  The reporting requirement is
  2 19 applied as a condition of receiving the contract.  The
  2 20 department of management is to annually provide an analysis of
  2 21 the reports to the governor and the general assembly.
  2 22    Iowa's ethics law in Code section 68B.7 prohibits a state
  2 23 employee, within a period of two years after the termination
  2 24 of employment, from appearing before the agency or receiving
  2 25 compensation for any services rendered on behalf of any
  2 26 person, firm, corporation, or association in relation to any
  2 27 case, proceeding, or application with respect to which the
  2 28 person was directly concerned and personally participated
  2 29 during the period of employment.  The bill provides a general
  2 30 prohibition during the two=year period against a former
  2 31 employee of the department of human services providing
  2 32 services as a contractor, subcontractor, or employee of a
  2 33 contractor providing services to the department.  The bill
  2 34 provides exceptions to the prohibition, allowing contracting
  2 35 with a former employee under certain circumstances.
  3  1    The bill requires a contractor with the department of human
  3  2 services to have adequate liability insurance for the service
  3  3 being performed.  A contractor is subject to evaluation
  3  4 requirements, with preference given to an evaluation performed
  3  5 by an independent evaluator.
  3  6 LSB 2030HH 82
  3  7 jp:rj/es/88