Senate File 2202 - Introduced SENATE FILE 2202 BY PETERSEN A BILL FOR An Act concerning department of administrative services’ 1 procedures regarding the designation of individuals as 2 ineligible for state employment and sanctions for violations 3 of competitive bidding procedures. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5795XS (5) 86 ec/nh

S.F. 2202 Section 1. Section 8A.311, Code 2016, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 23. The director shall establish by rule 3 sanctions for violations of competitive bidding procedures 4 including but not limited to requirements governing the bidding 5 process for a particular procurement or contract. Sanctions 6 shall include fines and, for an employee of an agency, possible 7 suspension, dismissal, or demotion. 8 Sec. 2. NEW SECTION . 8A.403 State agency employment —— 9 designation-of-ineligibility procedures. 10 1. The department may designate an individual as ineligible 11 to apply for; to be considered, referred, or approved for; or 12 to be appointed to employment by a state agency for any of the 13 following reasons: 14 a. The individual knowingly misrepresented the facts when 15 submitting information relating to an application, examination, 16 certification, appeal, or any other facet of the selection 17 process for employment by a state agency. 18 b. The individual used or attempted to use coercion, 19 bribery, or other illegal means to secure an advantage in the 20 application, examination, appeal, or selection process for 21 employment by a state agency. 22 c. The individual was convicted of a crime that is shown to 23 have a direct relationship to the duties of the job class or 24 position for which the individual wishes to be considered. 25 d. The individual is proven to be an unrehabilitated 26 substance abuser who would be unable to perform the duties of 27 the job class or position for which the individual wishes to be 28 considered or who would constitute a threat to state property 29 or to the safety of others. 30 e. The individual is not a United States citizen and 31 does not have a valid permit to work in the United States 32 under regulations issued by the United States citizenship and 33 immigration services. 34 f. The individual was terminated from employment by a state 35 -1- LSB 5795XS (5) 86 ec/nh 1/ 4

S.F. 2202 agency for creating a hostile work environment. 1 g. The individual was sanctioned pursuant to rules adopted 2 by the director pursuant to section 8A.311 for a violation of 3 competitive bidding procedures including but not limited to 4 requirements governing the bidding process for a particular 5 procurement or contract. 6 2. The department shall do all of the following upon a 7 determination that an individual is ineligible as provided in 8 subsection 1: 9 a. Notify the individual in writing within five working 10 days following the designation of ineligibility for employment 11 by a state agency. The notification shall include information 12 regarding the extent of the individual’s ineligibility and the 13 process for the individual to appeal, remove, or modify the 14 designation of ineligibility. 15 b. Maintain documentation of the designation of 16 ineligibility, the extent of the individual’s ineligibility 17 for employment by a state agency, proof of notification of 18 the individual, and any information concerning any appeals 19 regarding the designation. 20 c. Upon request by an individual determined to be 21 ineligible, review whether the designation of ineligibility of 22 the individual should be removed or modified and to notify the 23 individual, in writing, if the designation of ineligibility is 24 removed or modified. 25 3. An individual designated as ineligible as provided by 26 this section may file a written appeal to the employment appeal 27 board in the department of inspections and appeals for a review 28 of the action. The written appeal must be filed with the board 29 within sixty days following the notice of initial designation 30 of ineligibility. 31 4. The department shall adopt rules pursuant to chapter 32 17A to administer this section including establishment of a 33 procedure for an individual, following the time for filing an 34 appeal, to apply to the department for removal or modification 35 -2- LSB 5795XS (5) 86 ec/nh 2/ 4

S.F. 2202 of a designation of ineligibility. 1 Sec. 3. DESIGNATION OF INELIGIBILITY —— NOTIFICATION 2 REQUIREMENTS. Individuals designated as ineligible to apply 3 for; to be considered, referred, or approved for; or to 4 be appointed to employment by a state agency, prior to the 5 effective date of this Act, shall be notified, in writing, by 6 the department of administrative services that they have been 7 designated as ineligible and of their rights relative to that 8 designation as provided in this Act. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill concerns procedures of the department of 13 administrative services (DAS) relating to sanctions for 14 violations of competitive bidding procedures and state employee 15 hiring. 16 Code section 8A.311, concerning competitive bidding 17 procedures, is amended to require the director of DAS to 18 establish sanctions for violations of competitive bidding 19 procedures. The bill provides that sanctions shall include 20 fines and, for state agency employees, possible suspension, 21 dismissal, or demotion. 22 New Code section 8A.403 requires DAS to establish procedures 23 for designating an individual as ineligible to apply for or to 24 be considered or approved for or appointed to employment with a 25 state agency. The bill describes the permissible reasons for 26 designating an individual as ineligible, provides for notice 27 to the individual within five days following the designation 28 of ineligibility, and requires that documentation of the 29 designation be maintained by DAS. 30 The bill provides for the ability of an individual to 31 appeal the designation of ineligibility and for the ability 32 of the individual to request that the department review the 33 designation of ineligibility. 34 The bill also provides that individuals designated as 35 -3- LSB 5795XS (5) 86 ec/nh 3/ 4

S.F. 2202 ineligible as of the effective date of the bill be notified 1 of this designation by the department in writing and of their 2 rights under the bill. 3 -4- LSB 5795XS (5) 86 ec/nh 4/ 4