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