House File 2490 - Introduced
HOUSE FILE
BY FORD
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to requirements for service contracts with state
2 agencies.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6324HH 82
5 ak/nh/14
PAG LIN
1 1 Section 1. NEW SECTION. 68B.8 DEPARTMENT OF HUMAN
1 2 SERVICES == CERTAIN CONTRACTS PROHIBITED.
1 3 1. In addition to the limitations in section 68B.7, a
1 4 person who has been employed by the department of human
1 5 services shall not contract with the department to provide
1 6 services for a period of two years after the termination of
1 7 the employment.
1 8 2. The prohibition under subsection 1 is not applicable
1 9 under any of the following circumstances:
1 10 a. The person is a subcontractor or is an employee of
1 11 another state agency or of an institution under the control of
1 12 the state board of regents.
1 13 b. No one with expertise in a particular area is employed
1 14 by the department. The department may contract with a former
1 15 departmental employee for a limited period in order to secure
1 16 such expertise.
1 17 c. The department has demonstrated a good faith effort to
1 18 fill a position that is critical to the health and safety of
1 19 departmental clients from a pool of applicants that does not
1 20 include former departmental employees, but was unsuccessful in
1 21 identifying qualified candidates from the pool.
1 22 d. The person's employment with the department was
1 23 terminated due to a layoff or reduction in force.
1 24 e. The person terminated employment with the department
1 25 within twelve months of obtaining an advanced degree from an
1 26 accredited college or university and the degree qualified the
1 27 person to provide services that the person was not previously
1 28 qualified to provide and will provide under a contract with
1 29 the department.
1 30 3. The board, in consultation with the department of human
1 31 services, shall adopt rules pursuant to chapter 17A to
1 32 implement this section.
1 33 Sec. 2. NEW SECTION. 73.3A CONTRACT SERVICES ==
1 34 REQUIREMENTS.
1 35 A person who contracts with a department, as defined in
2 1 section 8.2, or with a state authority to provide
2 2 administrative, labor, or other services that would otherwise
2 3 be provided by state employees shall, as a condition of
2 4 receiving the contract, report all payments received under the
2 5 contract to the department of management. The department of
2 6 management shall annually prepare an analysis of the reports
2 7 and provide the analysis to the governor and the general
2 8 assembly.
2 9 Sec. 3. NEW SECTION. 217.14 CONTRACT REQUIREMENTS.
2 10 A person contracting with the department of human services
2 11 to provide services shall be subject to the following
2 12 requirements as applicable:
2 13 1. Comply with the requirements of section 68B.8.
2 14 2. Provide adequate liability insurance for the services
2 15 being performed.
2 16 3. Accede to evaluation requirements, with preference
2 17 given to an evaluation performed by an independent evaluator.
2 18 EXPLANATION
2 19 This bill relates to requirements for contracts for
2 20 services with departments of the state.
2 21 New Code section 68B.8 prohibits the department of human
2 22 services from contracting with someone who was employed with
2 23 the department within the past two years. The Code section
2 24 provides five exceptions: the person is a subcontractor or an
2 25 employee of another department or regents institution; the
2 26 person has expertise that the department would otherwise not
2 27 have access to; the department tried but was unable to hire a
2 28 qualified person from a field of applicants that did not
2 29 include former employees; the person's employment ended due to
2 30 a layoff or workforce reduction; or the person's employment
2 31 ended within a year of the person earning an advanced degree
2 32 that allows the person to now provide new services. The Iowa
2 33 ethics and campaign disclosure board and the department of
2 34 human services are to adopt rules to implement the new
2 35 provisions.
3 1 Under new Code section 73.3A, any person who contracts with
3 2 a department or a state authority to provide services that
3 3 would otherwise be provided by state employees shall, as a
3 4 condition of receiving the contract, report all payments
3 5 received under the contract to the department of management.
3 6 The department of management shall annually prepare an
3 7 analysis of the reports and provide the analysis to the
3 8 governor and the general assembly.
3 9 The third part of the bill, new Code section 217.14,
3 10 relates to service contracts with the department of human
3 11 services. As applicable, a person contracting with the
3 12 department must comply with new Code section 68B.8, provide
3 13 liability insurance for the services being performed, and
3 14 accede to evaluation requirements.
3 15 LSB 6324HH 82
3 16 ak/nh/14